| 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)
H2224-HEM-00-ZZ-DR-A-00001 Site Location Plan S2/P3
H2224-HEM-00-ZZ-DR-A-00101 Site/Block Plan S2/P10
H2224-HEM-00-00-DR-A-00102 Ground Floor Plan S2/P9
H2224-HEM-00-ZZ-DR-A-00103 First Floor Plan S2/P9
H2224-HEM-00-ZZ-DR-A-00104 Second Floor S2/P3
H2224-HEM-00-ZZ-DR-A-00110 Section A S2/P8
H2224-HEM-00-ZZ-DR-A-00111 Section B S2/P8
H2224-HEM-00-ZZ-DR-A-00120 Front Elevation S2/P8
H2224-HEM-00-ZZ-DR-A-00121 Rear Elevation S2/P8
H2224-HEM-00-ZZ-DR-A-00122 SE Side Elevation S2/P9
H2224-HEM-00-ZZ-DR-A-00123 NW Side Elevation S2/P6
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
The ground floor shop units hereby approved shall be used for the following uses:
E(a) Display or retail sale of goods, other than hot food
E(b) Sale of food and drink for consumption (mostly) on the premises
E(c) Provision of:
E(c)(i) Financial services,
E(c)(ii) Professional services (other than health or medical services), or
E(c)(iii) Other appropriate services in a commercial, business or service locality
The units shall be used for no other purpose within Use Class E of the Town and Country Planning (Use Classes) Order 1987 (as amended).
Reason
Due to their position within a primary shopping street and close to existing and proposed residential properties
05
Prior to the occupation of the units hereby approved, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.
Reason
In order to promote sustainable transport choices.
06
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.
07
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. The car park spaces should be specifically allocated to 2 of the commercial units.
Reason
To prevent indiscriminate parking.
08
Prior to the occupation of the development hereby approved, details of two vehicle charging point shall be submitted to and approved by the Local Planning Authority. The development shall not be occupied until the charging point has been provided, and it shall thereafter be retained
Reason
In the interests of sustainable development and air quality
09
The turning facility within the rear yard shall remain available at all times.
Reason
To provide adequate on site turning.
10
No noise generating plant including mechanical ventilation or refrigeration/air conditioning, extraction plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The details shall include a BS4142:2014 +A1:2019 noise assessment and 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to achieve no more than 0dB(A) above the prevailing background levels, outside the boundary of the nearest noise sensitive property during the quietest measured period.
Reason
To safeguard the amenities of the occupiers of nearby properties
11
No cooking odour extraction plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority.
Reason
To safeguard the amenities of the occupiers of nearby properties
12
Landscaping of the site as shown on the approved plan (H2224-HEM-00-ZZ-DR-A-00101) shall be carried out during the first available planting season after commencement of the development. Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
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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