| 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 15, 16, 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 15, 16, 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 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 as shown on the approved plans (as set out below)
(Drawing numbers location plan AW150-201, revised site plan and floorplans AW150-204 Rev A, proposed elevations AW150-205, street scene AW150-206)(received 06 March 2026, 13 March 2026).
Reason
To define the permission and for the avoidance of doubt.
Materials
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 (elevations proposed elevations AW150-205, and street scene AW150-206). 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.
Removal of Permitted Development Rights
04
The premises shall be used for Indoor sport, recreation or fitness in Use Class E(d) (not involving motorised vehicles or firearms or use as a swimming pool or skating rink) but for no other purposes in the wider E Use Class.
Reason
In order to satisfactorily safeguard the sports and recreation facility on this site and to safeguard the vitality and viability on the town centre in line with the aims and objectives of the NPPF.
Hours of Use
05
The pilates centre shall only be used between the hours of 07:00 and 21:00 Mondays to Sundays. The ancillary café shall only be open at the same time as the pilates centre.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
Noise - Fixed Plant
06
No noise generating fixed plant including mechanical ventilation, air conditioning / refrigeration compressor units or 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 a maximum cumulative plant Noise
Rating Level of no more than 3dB(A) below the prevailing background levels, outside the boundary of the nearest noise sensitive property.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
Landscaping
07
Before the development is brought into use, a 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.
Reason
To ensure the tree works are carried out in a manner which will maintain the health and appearance of the trees in the interests of the visual amenities of the area and in accordance with the Local Plan.
Boundary Treatment
08
Prior to the first operation of the use a final boundary plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed and retained in accordance with the agreed details for the duration of the development.
Reason
In the interests of the visual amenity of the area and the amenity of neighbouring residents.
Highways
09
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.
10
Before the development is brought into use the car parking area shown on
the submitted plan (ref revised site plan and floorplans AW150-204 Rev A) shall be provided, marked out and thereafter 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.
Grasscrete surfacing
11
The car parking area shall be hardsurfaced in a grasscrete (or equivalent) material in its surface construction.
Reason
In the interest of the visual amenity of the locality and to protect the openness and character of the Green Belt in accordance with Local Plan Policies SP2 ‘Development in the Green Belt’
12
There shall be no external illumination of the site or any lighting columns installed.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
Ecology/BNG
13
The development shall be completed in line with the PEA (ref Estrada, SQ-4352, May 2026) and the conditions of the planning permission. All the recommendations shall be implemented in full according to the timescales laid out, unless otherwise agreed in writing by the Local Planning Authority, and thereafter permanently maintained.
Reason
To minimise impact on biodiversity across the site.
14
Prior to the first operation of the use a scheme for biodiversity enhancement shall be submitted to and agreed in writing with the Local Planning Authority. The approved details thereafter shall be implemented prior to the first use of the building and thereafter retained and maintained for their designed purpose in accordance with the approved scheme. The scheme shall include, but not limited to, the following details:
• At least 2 no. integrated bat roosting boxes and 2 no. integrated swift boxes to be installed in suitable locations within the new building; and
• One hedgehog refuge to be located in proximity to the woodland adjacent to the site.
Reason
To ensure no net loss in biodiversity across the site.
Biodiversity Gain Plan
15
No development shall commence on site until:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The details shall be implemented in accordance with the timescales set out in the approved Biodiversity Gain Plan.
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)
Reason
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), to ensure Biodiversity Net Gain.
Construction Environmental Management Plan - Biodiversity
16
No development shall take place (including demolition, ground works and vegetation clearance) until a Construction Environmental Management Plan - Biodiversity (CEMP-B) has been submitted to and approved in writing by the local planning authority. The CEMP-B shall include, but not necessarily be limited to, the following:
• Risk assessment of potentially damaging construction activities;
• Identification of ‘biodiversity protection zones’;
• Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of precautionary working method statements);
• The location and timing of sensitive works to avoid harm to biodiversity features (e.g. daylight working hours only starting one hour after sunrise and ceasing one hour before sunset);
• Use of protective fences, exclusion barriers and warning signs, including advanced installation and maintenance during the construction period;
• The times during construction when specialists ecologists need to be present on site to oversee works;
• Responsible persons and lines of communication;
• The role and responsibilities on site of an Ecological Clerk of Works (ECoW) or similarly competent person(s);
Reason
To minimise impact on biodiversity across the site.
Informative
The applicant should note that the final boundary treatment details to be discharged under condition 08 should not exceed typical permitted development rights eg 1m on front boundary, or 2m elsewhere which would be subject to planning approval in its own right.
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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