| Conditions / Reason for Refusal: |
General
01
The premises may be used for Class E(g)(ii) or E(g)(iii) only and for no other purpose (including any other purposes in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, as amended). In addition, the premises and its curtilage may be used for the sale / rental of cars / vans.
Reason
The premises are not considered suitable for general use within the Class quoted for policy, highway and amenity reasons, such that a full consideration of other uses would be required.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans:
12886 - WMS - ZZ - ZZ - DR - A - 10001 - S2 - P2 – Location Plan
12886 - WMS - ZZ - ZZ - DR - A - 10002 - S8 – P1 – Site Layout Plan
12886 - WMS - ZZ - ZZ - D - A - 10401 -S8 - P3 – Elevations and Floor Plans
SF 3248 LL01 Rev B – Landscape Plans
Reason
To define the permission and for the avoidance of doubt.
03
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 no. 12886 - WMS - ZZ - ZZ - D - A - 10401 -S8 - P3. 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.
Before the development is brought into use the sight lines indicated on the attached plan shall be rendered effective.
Landscapes
04
Before the building / site is first brought into use, the approved Landscape scheme as indicated on Dwg No. SF 3248 LL01 Rev B shall be implemented in accordance with RMBC Landscape Design Guide (April 2014) 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.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity and in accordance.
Drainage
05
The development shall be carried out in accordance with the submitted Drainage Strategy ref: 12320-WMS-ZZ-XX-RP-C-39201-S8-P2, dated January 2022 and Drainage Layout plan 12320 - WMS - ZZ - XX - DR - C - 39201 - S2 - P1 unless otherwise agreed in writing with the Local Planning Authority.
Reason
To ensure that the development can be properly drained.
06
Surface water from areas likely to receive petrol/oil contamination (e.g. vehicle parking areas) shall be passed through effective oil/grit interceptors prior to discharge to any sewer or watercourse.
Reason
To prevent pollution of any watercourse.
Highways
07
Before the electrical system is installed a scheme detailing the dedicated facilities that will be provided for charging electric vehicles and other ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall meet at least the following minimum standard for numbers and power output:
• One Standard Electric Vehicle Charging Point providing a continuous supply of at least 16A (3.5kW) for at least 10% of parking spaces.
Buildings and parking spaces that are to be provided with charging points shall not be brought into use until the charging points are installed and operational. Charging points installed shall be retained thereafter.
Reason
In the interest of supporting and encouraging low emission vehicles, in the interest of air quality enhancement.
08
Before the building / site is first 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 to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety.
09
Before each use hereby approved is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a programme of implementation, monitoring, validation and regular review and improvement. The Local Planning Authority shall be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as time tabled in the monitoring programme. For further information please contact the Transportation Unit (01709) 822186.
Reason
In order to promote sustainable transport choices.
10
Before the building / site is first brought into use, the car parking area shown on drawing number 12886 - WMS - ZZ - ZZ - D - A - 10401 -S8 - P3 shall be provided, marked out and there after maintained for car parking.
Reason
To ensure the provision of satisfactory parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
11
The development shall not be brought into use until a “One Way” directional sign has been provided in Victoria Street opposite the proposed site access.
Reason
In the interests of highway safety.
12
Prior to the site being brought into use for car / van sales / rentals a site layout plan shall be submitted and approved in writing by the Local Planning Authority which clearly shows areas for car sales along with areas for employee and customer parking.
Reason
In the interests of highway safety.
General Amenity
13
The combined noise from any fixed mechanical services, plant and equipment shall be effectively controlled so that the combined rating level of noise from all such equipment shall not exceed the cumulative plant noise limit level of 35.0 dBA at the closest NSR. “Rating level” and “background sound level” are as defined in BS4142:2014+A1:2019.
Reason
To safeguard the amenities of the occupiers of nearby properties.
Informative(s)
01
You should note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust which may arise during the construction phase. If a statutory nuisance is found to exist they must serve an Abatement Notice under the Environmental Protection Act 1990. Failure to comply with the requirements of an Abatement Notice may result in a fine of up to £20,000 upon conviction in the Magistrates' Court. It is therefore recommended that you give serious consideration to reducing general disturbance by restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
02
The applicant should take all relevant precautions to minimise the potential for disturbance to neighbouring residents in terms of noise, vibrations and dust during the demolition and construction phases of the development. This should include not working outside regular day time hours, the use of water suppression for any stone or brick cutting and advising neighbours in advance of any particularly noisy works. The granting of this planning permission does not indemnify against statutory nuisance action being taken should substantiated noise or dust complaints be received. For further information please contact the Environmental Health service.
03
The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required.
04
Please note that this permission relates to a flexible/mixed use development. Under Class V of Part 3 of Schedule 2 of the General Permitted Development (England) Order 2015, the above mentioned uses can be interchanged over a 10 year period (starting upon commencement of the first use). However, you should note that at the end of 10 years whichever use is in operation will become the established lawful use of the site/building and subsequent changes of use may require planning permission.
05
In respect of condition 07 (EV charging points) please note that:
• A Standard Electric Vehicle Charging Point is one which is capable of providing a continuous supply of at least 16A (3.5kW) and up to 32A (7kW). The higher output is more likely to be futureproof.
• For developments where some or all of the parking is likely to be used for shorter stay parking (30mins to 4 hours) then Fast (7-23kW) or Rapid (43kW+) charging points may be more appropriate. If Fast or Rapid charging points are proposed together with restrictions on the times that vehicles are allowed to be parked at these points then a lower number of charging points may be acceptable.
• The electrical supply of the final installation should allow the charging equipment to operate at full rated capacity.
• The installation must comply with all applicable electrical requirements in force at the time of installation.
06
The applicant should contact the Council’s Street Lighting Service with regard to the proposed street sign required as part of condition 11.
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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