| 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 before development can start. Condition numbered 12 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 number 12 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.’
General
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)
Location Plan 001
Site and Block Plan 008
Proposed Ground Floor Plan 009
Proposed First Floor Plan 010
Proposed Front and Side Elevations 011
Proposed Rear and Side Elevations 012
Proposed Street Scene 013
Reason
To define the permission and for the avoidance of doubt.
03
The proposed first floor shall be used as a Madrasah only and shall only be used when the ground floor prayer hall is not in use.
Reason
In the interest of highway safety and the amenities of the occupiers of nearby dwellings in accordance with the NPPF and the adopted Local Plan.
04
The use of the first floor of the building as a Madrasah hereby permitted shall only be used between the hours of 08:00 – 23:00 at any time.
Reason
In the interests of the amenities of the occupiers of nearby dwellings and in accordance with the NPPF and the adopted Local Plan.
05
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in red brick with stone detailing as shown on drawing number (red brick colour MAP524 06-26). The development shall thereafter be carried out in accordance with these details.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with the NPPF and the adopted Local Plan.
06
The window(s) on the south-eastern side elevation of the first floor extension facing Broom Lane Care Home shall be obscurely glazed and fitted with glass to a minimum industry standard of Level 3 obscured glazing and be non-openable, unless the part(s) of the window(s) which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The window(s) shall be permanently retained in that condition thereafter.
Reason
In the interests of the amenities of the occupiers of adjoining properties.
Highways
07
Before the development is brought into use the car parking area to the front of the building shall be provided 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.
08
Before the development 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.
Yorkshire Water
09
The development shall be carried out in accordance with the details shown on the submitted plan, 'Drainage Plan' KS1288/D01 (revision P1) dated 27/085/26 that has been prepared by Krypton.
Reason
In the interest of satisfactory and sustainable drainage.
Environmental Health
10
No noise generating plant including mechanical ventilation/air conditioning, refrigeration 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 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 parts 12 & 15 of the NPPF.
11
There shall be no call to prayer in the form or amplified music or voices projected from the building.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
12
Prior to the commencement of any works (including demolition) on site, a Construction Environmental Management Plan (CEMP) shall be provided to the Local Planning Authority for approval. The plan shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228-1:2009+A1:2014: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institution of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below:
• Program and Phasing Details
- Site layout
- Operational hours
- Expected duration of demolition and construction work phases
• Site Management - Contact details of site manager for public liaison purposes - - Complaints procedure Roles and responsibilities
• Routes for Construction Traffic - Routes to be used for access onto site and egress - - One way systems Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials - Delivery access point details - - Location details of storage areas Delivery times of materials and plant
• Dust, Debris and Mud
- Screening and hoarding
-Preventative measures
- Dust suppression measures
- General and machinery
- Wheel wash facilities
- Road sweeping facilities
- Covering of dusty stockpiles
- Vehicles carrying dusty loads
- Dust monitoring
- Boundary checks
- Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery
- Mitigation measures for noisy operations
- Operational hours
- One way systems
- Vehicle reverse alarms
- Leaflet drops to noise sensitive premises
• Artificial Lighting
- Hours of operation of the lighting
- Location and specification of all of the luminaires
- Level of maintained average horizontal illuminance for the areas that needs to be illuminated
- Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
- Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site
• Waste Management
- Waste storage
- Waste collection
- Recycling
- Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with Part 15 of the NPPF and RMBC Policy SP52.
13
Prior to installation of any external lighting, details shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall thereafter be maintained and retained.
Reason
In order to protect residential amenity of the surrounding properties.
Informatives
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
You have indicated on the application form, by completion of Certificate A on the certificate of ownership form, that nobody except the applicant was the owner of any part of the land to which the application relates. As such, no part of the building, including foundations or guttering, should project over the boundary of your property.
03
We would encourage designers, developers, and site users to utilise the NPSA Security Overlay to the RIBA Plan of Work guidance, which is designed to support the safe and secure design, construction and operation of any building. The guidance document can be downloaded from Security Overlay to RIBA Plan of Work.
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what additional information was necessary to make the scheme acceptable. The applicant agreed to provide the additional information and the scheme is in accordance with the principles of the National Planning Policy Framework.
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