| Conditions / Reason for Refusal: |
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
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 and as shown on the approved plans (as set out below)
(Drawing numbers Location plan FC/2020.53 drwg 02, site plan, floor plans, elevations drwg 01 Rev C)(received 06/04/21).
Reason
To define the permission and for the avoidance of doubt.
03
The premises shall be used as a nursery/play centre only within Use Class E(f) and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, 2020, (or any Order revoking and re-enacting that Order with or without modification).
Reason
To define the permission and as only a nursery/play centre use has been considered in this application.
04
The café use within the building shall be ancillary to the nursery/play centre and shall only be for the use of nursery/play centre customers and not to outside visiting members of the public as a separate café use.
Reason
Only a nursery/play centre use has been considered in this application. A separate café use would be a separate use which would require a sequential test to be submitted for consideration.
05
The use shall only be open for customers between the following hours:
0730 – 1900 Monday to Fridays
0900 – 1800 Saturdays and Sundays
Reason
In order to protect the amenity of the surrounding residential area.
06
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing (elevations site plan, floor plans, elevations drwg 01 Rev C). The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design.
07
Vehicular access to/egress from the site shall be derived via the proposed access to Highthorn Road only.
Reason
In the interests of road safety
08
Before the development is brought into use, that part of the site to be used by vehicles shall be 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.
The area shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
09
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 ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
10
Prior to the development being brought into use, details of at least 2 vehicle charging points (or 20% of the total number of parking spaces whichever is the greater) shall have been submitted to and approved by the local planning authority. The development shall not be brought into use until the charging points have been provided, and they shall be thereafter retained.
Reason
In the interests of sustainable development and air quality
11
No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.
Reason
To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network.
12
Before the development is brought into use, a final Landscape scheme, showing location and types of landscape treatment, shall be submitted for approval by the Local Planning Authority. The Landscape scheme should be prepared in accordance with RMBC Landscape Design Guide (April 2014) and shall be implemented in the next available planting season and maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
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 in accordance with the Local Plan.
Informatives
Wildlife Legislation
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site (and in particular bats) then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
Yorkshire Water
It is noted from the submitted planning application that surface water is proposed to be drained to soakaway. Please note, the developer is required to consult with Yorkshire Water's Trade Effluent team (telephone 03451 242424) on any proposal to discharge a trade effluent to the public sewer network.
Foul water from kitchens and/or food preparation areas of any restaurants and/or canteens etc. must pass through a fat and grease trap of adequate design before any discharge to the public sewer network.
Under the provisions of section 111 of the Water Industry Act 1991 it is unlawful to pass into any public sewer (or into any drain or private sewer communicating with the public sewer network) any items likely to cause damage to the public sewer network interfere with the free flow of its contents or affect the treatment and disposal of its contents. Amongst other things this includes fat, oil, nappies, bandages, syringes, medicines, sanitary towels and incontinence pants. Contravention of the provisions of section 111 is a criminal offence.
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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