| Conditions / Reason for Refusal: |
Conditions
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 and/or carried out before development can start. Condition number 03 of this permission requires matters to be approved and/or carried out 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 number 03 is 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, or matters carried out.’
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 location 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)
• Location Plan, drawing number 250709 100
• Site Plan as Proposed, drawing number 250709 201 A
• Ground Floor Plan as Proposed, drawing number 250709 202 A
• First Floor Plan as Proposed, drawing number 250709 203 A
• Roof Plan as Proposed, drawing number 250709 204 A
• Elevations as Proposed Sheet 1 of 2, drawing number 250709 205 A
• Elevations as Proposed Sheet 2 of 2, drawing number 250709 206 A
Reason
To define the permission and for the avoidance of doubt.
03
Prior to the commencement of works a scheme for bollards to be located at the rear of the adopted highway shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be then implemented prior to the development being brought into use.
Reasons
To prevent vehicles from obstructing the public footway in the interests of highway safety.
04
Materials to be used for the proposed shop front, proposed replacement windows, bollards, as well as any new materials required for the development hereby permitted shall be in accordance with the details provided in the approved plans. 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.
The use hereby permitted shall only be open to customers between the hours of 07:00 and 22:00 Mondays to Saturdays and between hours 07:00 and 21:00 on Sundays.
Reason
To safeguard the amenities of the occupiers of nearby residential properties in accordance with Local Plan Policy SP52 ‘Pollution Control’ and the National Planning Policy Framework.
06
No deliveries, including the loading and unloading of goods, shall take place outside the hours of 08:00 and 21:00 Mondays to Saturdays, and 09:00 and 21:00 on Sundays.
Reason
To safeguard the amenities of the occupiers of nearby residential properties in accordance with Local Plan Policy SP52 ‘Pollution Control’ and the National Planning Policy Framework.
07
The premises shall be used for activities falling within Use Class E(a) – ‘Display or retail sale of goods, other than hot food’ only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, (or any Order revoking and re-enacting that Order with or without modification).
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 ‘Pollution Control’ and the National Planning Policy Framework.
08
No new 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.
Competent Person – Footnote
All noise assessment to be carried out by a competent person. Developers may wish to contact the Association of Noise Consultants http://www.association-of-noise-consultants.co.uk/ (020 8253 4518) or the Institute of Acoustics http://www.ioa.org.uk/ (0300 999 9675) for a list of members.
Reason
To safeguard the amenities of the occupiers of nearby residential properties in accordance with Local Plan Policy SP52 ‘Pollution Control’ and the National Planning Policy Framework.
09
Before the development is brought into use, that part of the site to be used by vehicles shall be properly 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.
10
The proposed turning area, as demonstrated on drawing number 250709 201 A, shall remain clear of any objects that would restrict vehicle turning capability and shall be available at all times for vehicle manoeuvring purposes.
Reason
To prevent vehicles from reversing onto the public highway in the interests of highway safety.
11
All gates shall be hung so as not to encroach into the highway when open or being opened.
Reason
In the interests of highway safety.
12
The proposed car parking facilities shown on drawing 250709 201 A shall be for residents / staff only.
Reasons
In the interests of highway safety.
Informative
01
To ensure that commercial sites in South Yorkshire are developed with the same level of future-proof internet connectivity as is required to residential sites, gigabit-capable full-fibre broadband is recommended to be provided as part of the development hereby permitted.
02
The granting of this planning permission does not authorise any roller shutters to be installed. The installation of external roller shutters on shop fronts is not permitted development according to sub-paragraph A.1(i) of Class A in Part 7, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended. Full planning permission will be required should external roller shutters be proposed in the future.
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.
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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