BATH AND NORTH EAST SOMERSET COUNCIL

AREA 'B' DEVELOPMENT CONTROL COMMITTEE

DECISIONS

Comment: Subject to the thirty one conditions set out below

19 October 2005

  ITEM NO:01

APPLICATION NO. 05/02563/FUL TYPE Full Application

EXPIRY DATE 8th Nov 2005

WARD Bathavon South

PARISH Freshford

Area of Outstanding Natural Beauty Greenbelt

APPLICANT: Surrey & Counties (Sutton) Ltd

PROPOSAL: Change of use together with alterations to provide 21 no. residential units, provision of improved access, landscaping, parking and associated demolition (resubmission)

SITE LOCATION: Freshford Mill Rosemary Lane Freshford BA2 7UD

DECISION Minded to PERMIT.

 Committee's Decision

A. That the First Secretary of State be informed that the Committee are minded to PERMIT the application.

 

B. Subject to the First Secretary of State not wishing to determine the application, authorise the Head of Planning Services to PERMIT, subject to the conditions set out in the main report and as amended below. 

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: As required by Section 91 of the Town and Country Planning Act 1990 and to avoid the accumulation of unimplemented planning permissions.

2 No development shall be commenced until a hard and soft landscape scheme has been first submitted to and approved in writing by the Local Planning Authority; such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; details of the surface treatment of the open parts of the site; and a programme of implementation.

Reason: To ensure the provision of an appropriate landscape setting.

3 All hard and/or soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Local Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure that the landscape scheme is implemented and maintained.

4 The existing trees and hedges shall be retained in accordance with the approved details. The development shall not be commenced unless the identified trees and hedges have been so retained. Any retained tree or hedge which within five years of the approved development being occupied or completed, whichever is the sooner, dies, are removed or become seriously damaged or diseased shall be replaced by a similar species of a size to be first approved in writing by the Local Planning Authority during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Local Planning Authority.

Reason: To safeguard the appearance of the development and the surrounding area.

5 No development or demolition shall take place within the application site until a programme of archaeological work to record those parts of the building(s) which are to be demolished, disturbed or concealed by the proposed development has been undertaken in accordance with a detailed written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority, and the completion of the approved programme of work has been confirmed in writing by the Local Planning Authority.

Reason: To ensure that plan form, fixtures, fittings, internal partitions, joinery and any other features of historic and architectural value are recorded to an appropriate professional standard.

6 The development hereby approved shall not be occupied until works for the disposal of sewage and surface water have been provided on site to serve the development in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The approved works shall be carried out only in accordance with the details so approved and thereafter maintained.

Reason: To ensure the adequate provision of drainage infrastructure.

7 No development shall commence until a schedule and a sample panel of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out only in accordance with the details so approved.

Reason: In the interests of the appearance of the development and the surrounding area.

8 The dwelling(s) shall not be occupied until space has been laid out within the site in accordance with the approved plan(s) for the parking and turning of vehicles associated with the residential use of the site and such area(s) shall not thereafter be used for any purpose other than the parking and turning of vehicles associated with the residential use of the development hereby permitted.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

9 The approved layout of the new access shall be provided prior to commencement of any other works on site. No development other than the formation of a new access and approach road shall commence until the existing vehicular access to the site has been stopped up and the verge/footway crossing reinstated in accordance with details which shall first have been submitted to the Local Planning Authority for approval. Such works shall be completed before the development herby permitted is first brought into use. The approved vehicular access once constructed in accordance with the approved plans, shall thereafter be retained for the purposes of vehicular access.

Reason: In the interests of highway safety.

10 Before the development hereby permitted is commenced a scheme indicating the provision to be made for disabled people to gain access to the first and upper storeys of the residential and units shall have been submitted to the LPA for approval. The approved scheme should accord with the requirements of the Disability and Discrimination Act 1995 and shall be implemented before the development is brought into use.

Reason: To ensure that adequate provision is made for access for disabled people in view of the fact that a predominant part of the residential accommodation would be above ground level.

11 A landscape and ecological management plan, including provision for bats, long term design objectives, management responsibilities and maintenance schedules shall be submitted to and approved by the local planning authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The management plan approved shall be implemented and thereafter maintained in accordance with the approved timetable.

Reason: For the avoidance of doubt and to ensure the long term management and maintenance of landscaping and ecological matters.

12 Development shall not begin until a scheme to deal with contamination of the site has been submitted to and approved in writing by the local planning authority.

Reason: For the avoidance of doubt

13 The scheme approved in relation to Condition 12 to address issues of contamination shall include an investigation and assessment to identify the extent of contamination and the measures to be taken to avoid risk to the environment when the site is developed. Development shall not commence until the measures approved in the scheme have been implemented.

Reason: To ensure the site is appropriately treated in relation to contamination prior to any residential occupation.

14 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or an order revoking and re-enacting that Order with or without modification) no extension or enlargement (including additions to the roof) and no fences, gates, walls or other means of enclosure other than those shown o the approved drawings shall be erected or carried out at the site without the prior written permission of the Local Planning Authority.

Reason: To ensure further development is appropriately controlled given the location of the site within the Bristol/bath Green Belt and Costwolds AONB.

15 No construction pursuant to this permission shall take place outside the hours of 8am - 6pm Monday to Friday 9am - 12pm on Saturdays nor at any time on Sundays, Bank or Public Holidays.

Reason: In the interest of residential amenity.

16 No development approved by this permission shall be commenced until details of all proposed finished floor, threshold and ground levels have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be completed in accordance with the approved plans.

Reason: To ensure that the development is subject to minimum risk of flooding.

17 No development approved by this permission shall be commenced until a detailed scheme for the provision and implementation of compensatory flood storage works has been submitted to and approved in writing by the Local Planning Authority. The detailed drawings to be submitted for approval shall include a topographical survey, related to Ordnance datum, of existing ground levels contoured at 0.1 metre intervals, together with details of proposed finished levels. The scheme shall be implemented in accordance with the approved programme and details.

Reason: To limit the risk of flooding by ensuring the provision of a satisfactory means of flood protection.

18 No development approved by this permission shall be commenced until a scheme for the provision and implementation, restoration and maintenance of the flood compensation area and any other flood defense structures has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details.

Reason: To safeguard the water environment.

19 No development approved by this permission shall be commenced until the detailed structural design of the infill walls to the ground level storage areas has been submitted to and approved in writing by the Local Planning Authority. These must be designed to protect these areas against water pressure and uplift. A scheme for the provision and implementation, restoration and maintenance of these flood defence structures must be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details.

Reason: To protect the development against flooding.

20 No development approved by this permission shall be commenced until details of all access and egress routes, designed to provide sufficient safe access above design flood level to all residential areas within all buildings within the development, have been submitted to and approved in writing by the Local Planning Authority. The access to each building shall be completed before occupation of any part of that building, and shall be constructed in accordance with the approved plans.

Reason: To ensure that a safe continuous dry access free of flood risk is provided to all residential areas of the development.

21 No development approved by this permission shall be commenced until the Local Planning Authority is satisfied that adequate sewage disposal infrastructure will be in place to receive foul water discharges from the site. No buildings (or uses) hereby permitted shall be occupied (or commenced) until such infrastructure is provided.

Reasons: To prevent pollution of the water environment.

22 No development approved by this permission shall commence until details of a scheme for the cleaning of the wheels of all vehicles leaving the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to development commencing and shall only be removed when the development has been completed.

Reason: In the interest of amenity and to ensure any contamination on site is not spread to the surrounding area.

23 The dwellings and buildings hereby approved shall not be occupied until buildings E and Q have been demolished in accordance with the approved plan(s). The proposed dwellings within building G should not be completed or occupied before any other dwelling hereby approved

Reason: For the avoidance of doubt.

24 No development approved by this permission shall commence until a full structural survey of the existing buildings has been undertaken and submitted to and approved in writing by the Local Planning Authority. This survey should indicate the level of repair/refurbishment required to facilitate the conversion of those buildings being reused. The conversion of the buildings shall be carried out in accordance with the agreed scheme, unless otherwise agreed in writing with the Local Planning Authority.

Reason: For the avoidance of doubt.

25 No development shall be occupied until the details of a strategy for the external lighting of the site has been submitted to and approved by the Local Planning Authority. Such a strategy should include details of the height, design, location and external appearance of all light fittings and an appraisal of the proposals in terms of their impact of the use of the site by bats and the minimisation of light pollution on the rural setting of the site. The details so approved shall be implemented at the site before the occupation of any of the residential units hereby approved.

Reason: In the interests of the ecology and visual amenities of the area.

26 No development shall be undertaken within the application site until a programme of archaeological work has been undertaken in accordance with a detailed written scheme of investigation which has previously been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that archaeological deposits and structures are investigated and recorded to an appropriate professional standard.

27 The development hereby approved shall not be occupied until the visibility splays shown on the approved drawings have been provided with no obstruction to visibility at or above a height of 600mm above the nearside carriageway level. The visibility splays shall thereafter be maintained free of obstruction.

Reason: In the interests of highway safety.

28 The development shall not be occupied until the turning surface shown on the submitted plan has been consolidated and surfaced in accordance with the drawings hereby approved. Such turning space shall be kept clear of obstruction at all times.

Reason: In the interests of highway safety.

29 Prior to the commencement of any development a programme showing the phasing of the development shall be submitted to and approved in writing by the Local Planning Authority and the development shall not proceed other than in accordance with the approved programme. A method statement with respect of construction and demolition and related traffic and on-site parking for contractors.

Reason: In the interests of amenity and highway safety.

30 No development approved by this permission shall be occupied until a flood emergency plan and procedures have been developed. Full details of the flood emergency plan and procedures must be submitted to and formally approved in writing by the Local Planning Authority.

Reason: To limit the risk from flooding by ensuring the provision of a satisfactory means of flood management on the site.

31 Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from impermeable parking areas and hard standings for vehicles shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

Reason: To prevent pollution of the water environment.


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