| Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing planning conditions that require particular matters to be approved before development can start. Conditions numbered 9 & 13 of this permission require matters to be approved before development works begin; however, in this instance the conditions are justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition numbers 9 & 13 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
01
The development hereby permitted shall be commenced before the 17 January 2028.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the
approved site plan and the development shall only take place in accordance with the
submitted details and specifications as shown on the approved plans (as set out
below) Amended Proposed site plan 06 Rev A
Amended Sections 05 Rev A
Amended Ground Floor and Lower Ground Floor 01
Amended First Floor and Second Floor 02 Rev A
Amended Elevations 1, 03 Rev A
Amended Elevations 2, 04 Rev A
Reason
To define the permission and for the avoidance of doubt.
03
No above ground development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details/samples.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
04
When the proposed access has been brought into use, the existing access marked on Wickersley Road shall be permanently closed and the kerbline and footway reinstated in accordance with details to be submitted to and approved by the Local Planning Authority.
Reason
In the interest of highway safety
05
Before the development is brought into use, that part of the site to be used by vehicles shall be properly constructed with either
a/ a permeable surface and associated water retention/collection drainage, or
b/ an impermeable surface with water collected and taken to a separately constructed water retention / discharge system within the site.
All to the satisfaction of the Local Planning Authority and shall thereafter be maintained in a working condition.
Reason
In the interests of highway safety and sustainable drainage.
06
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To provide acceptable on site parking
07
No garage door shall be fitted to the undercroft area without the prior consent of the Local Planning Authority.
Reason
To ensure that appropriate on site parking is retained form the lifetime of the development
08
No above ground development shall commence (excluding the demolition of existing
bungalow) until a detailed landscape scheme has been submitted to, and approved in writing by, the Local Planning Authority.
The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
-The extent of existing planting, including those trees or areas of vegetation that are
to be retained, and those that it is proposed to remove.
-The extent of any changes to existing ground levels, where these are proposed.
-Any constraints in the form of existing or proposed site services, or visibility
requirements.
-Areas of structural and ornamental planting that are to be carried out.
-The positions, design, materials and type of any boundary treatment to be erected.
-A planting plan and schedule detailing the proposed species, siting, quality and size
specification, and planting distances.
-A written specification for ground preparation and soft landscape works.
-The programme for implementation.
-Written details of the responsibility for maintenance and a schedule of operations,
including replacement planting, that will be carried out for a period of 5 years after
completion of the planting scheme.
The scheme shall thereafter be implemented in accordance with the approved
landscape scheme within a timescale agreed, in writing, by the Local Planning
Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the
interests of amenity and ecology.
09
No development shall commence, including site clearance works, until an arboricultural method statement has been submitted to and approved in writing by the local planning authority. This shall show how all vegetation shown to be retained on the approved site plan (Amended Proposed site plan 06 Rev A) will be fully safeguarded in accordance with the provisions of British Standard 5837: 2012 ‘Trees in relation to design, demolition and construction. Recommendations’ (or equivalent if replaced). Site clearance works and development shall be carried out in strict accordance with the approved method statement.
Reason
In order to protect existing on site landscaping
10
Details of six electric vehicle charging points shall be submitted to and approved in writing by the local planning authority. The approved electric vehicle charging points shall be implemented and made available for use prior to the occupation of the development hereby permitted. The arrangements shall be retained as such thereafter.
Reason
To promote sustainable transport options
11
Prior to the occupation of the development hereby permitted, details of any external lighting scheme shall be submitted to and approved in writing by the local planning authority, which shall be implemented and retained as such thereafter. No additional external lighting shall be installed without the prior written consent of the local planning authority.
Reason
In the interest of neighbouring amenity.
12
No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason
In the interest of ecology
13
Notwithstanding the submitted details, before above ground works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog holes and nesting opportunities for birds, shall be submitted to and agreed in writing with the Local Planning Authority. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with
the approved scheme.
The scheme shall include, but not limited to, the following details:
i. Description, design or specification of the type of feature(s) or measure(s) to be
undertaken;
ii. Materials and construction to ensure long lifespan of the feature/measure
iii. A drawing(s) showing the location and where appropriate the elevation of the
features or measures to be installed or undertaken.
iv. When the features or measures will be installed within the construction,
occupation, or phase of the development.
Reason
In the interest of ecology
14
The development hereby granted shall not be begin (except for demolition and site clearance) until details of the foul, surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin and in accordance with Policy CS25 of the Local Plan.
15
The development hereby granted shall not be begin (except for demolition and site clearance) until details of the replacement retaining wall on the boundary with No.150 has been submitted to and approved in writing by the Local Planning Authority. The details shall include privacy screen fencing to prevent direct overlooking of No.150.
Reason
In the interest of neighbouring amenity.
Informative
01
Biodiversity Net Gain
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act
1990 is that planning permission granted for the development of land in England is
deemed to have been granted subject to the condition (the biodiversity gain
condition) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
This permission will require the submission and approval of a Biodiversity Gain Plan
before development is begun.
For guidance on the contents of the Biodiversity Gain Plan that must be submitted
and agreed by the Council prior to the commencement of the consented
development please see the link: Submit a biodiversity gain plan - GOV.UK
(www.gov.uk)
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
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