| Description: |
Application to vary condition 02, 04, 11, 12, and 13 (approved plans of site layout, visibility splays, planting of trees, landscaping and positioning of fencing) imposed by RB2019/1177 |
| Conditions / Reason for Refusal: |
01
The development hereby approved shall only take place in accordance with the submitted details and specifications as shown on the approved plan layout as proposed 105-114 Dwg. No. 02 Rev B
Reason
To define the permission and for the avoidance of doubt.
02
The area denoted by the visibility splay at the Mowbray Street junction with Fitzwilliam Road, indicated on submitted plan 105-114 Dwg no.2 Rev B, shall be hard paved and maintained clear of all obstructions to visibility.
Reason
In the interests of road safety
03
Within 3 months of the date of this permission the car parking area shown on the approved layout 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
04
The artificial lighting hereby approved shall be installed as submitted on the supporting lighting details (ref Lighting Assessment, WYG, June 2019) in order to prevent direct light projecting into the adjacent highway or to any neighbouring residential properties (in conformity with E3 within Table 1 of Light Engineers Guidance notes for the reduction of Obtrusive Lighting, dated 2005).
Reason
In order to minimise light intrusion into the highway network or nearby residential
properties.
05
The development hereby approved shall not be used between 22:00 hours and
09:00 hours on any day.
Reason
In order to reduce the potential for noise and disturbance at unsociable late night
hours.
06
That part of the site to be used by vehicles shall be constructed with either;
a/ a permeable surface and sub-base, 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 the development can be properly drained in accordance with the
Local plan and the NPPF.
07
Within 6 months of the date of this permission details of the proposed means of disposal of foul and surface water, including details of any off-site work and on site attenuation of surface water flows, shall be submitted to and approved by the Local Planning Authority and the development along with a timetable for implementation. The approved details shall be implemented on site in accordance with the approved timetable.
Reason
To ensure that the development can be properly drained in accordance with the
Local plan and the NPPF.
08
Within 6 months of the date of this permission, the detailed landscaping scheme shown on approved plan PWP 931 001 Revision 02 shall be implemented in full. The scheme shall thereafter be maintained for the lifetime 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 for future users of the facility and to satisfactorily reinstate the
previous boundary treatment along Fitzwilliam Road and in accordance with the
Local Plan.
09
Replacement tree planting along the Fitzwilliam Road Boundary shall comprise a
min. 20-25cm girth rootballed or container grown semi-mature trees. As a minimum
the trees shall be prepared, supplied and transplanted in accordance with B.S.
4043.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the
interests of amenity for future users of the facility and to satisfactorily reinstate the
previous boundary treatment along Fitzwilliam Road and in accordance with the
Local Plan
10
within 3 months of the date of this permission the fence running along the Fitzwilliam Road frontage shall be provided on site in accordance with the details shown on the approved layout plan.
Reason
In the interest of highway safety
11
Within 3 months of the date of this permission details of the infrastructure to allow at least 6 vehicle charging points (or 20% of the total number of parking spaces whichever is the greater) on the site to fit their own specific Electric Vehicle Charging connection plate, shall be submitted to and approved by the Local Planning Authority along with a timetable for implementation. The approved details shall be implemented on site in accordance with the approved timetable.
Reason
In the interests of sustainable development and air quality.
12
Within 3 months of the date of this permission a scheme showing provision for
secure cycle storage shall be submitted to and approved in writing by the Local
Planning Authority along with a timetable for implementation. The approved scheme shall be implemented on site in accordance with the approved timetable.
Reason
In the interests of sustainable development and air quality.
13
The lighting hereby approved shall not be illuminated between 22:00 hours and
09:00 hours on any day.
Reason
In order to minimise light intrusion into nearby residential properties at unsociable
hours.
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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