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Planning Application Details


WND/2022/0890
05-Oct-2022
REMOVAL/VARIATION OF CONDITION
Brixworth
Brixworth Ward
Co-op Stores, Harborough Road, Brixworth, Northamptonshire, NN6 9BU

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Bob Ham
Variation of condition 2 of planning permission DA/2021/0292 to re-instate former secondary access/egress for store deliveries (S73 application)
Approval Rem/Var of Condition
21-Nov-2022




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Conditions & Reasons
       


   Conditions - Notes - Reasons

Type Description
Condition The development hereby permitted shall be carried out in accordance with the following approved plans: • Existing Location Plan and Proposed Block Plan, drawing no. 1006-VIE-XX-BP-P-A-001-RA • Proposed First Floor Plan - drawing no. 1006-VIE-XX-FF-P-A-003-RA • Proposed Roof Plan - drawing no. 1006-VIE-XX-RP-P-A-004-RA Validated by the local planning authority on April 1st 2021; • Proposed Elevations, drawing no. 1006-VIE-XX-EL-P-A-005-RB Received by the local planning authority on the 28th April 2021; and • Proposed Elevations, drawing no. 1006-VIE-XX-EL-P-A-006-RB • Proposed Ground Floor Plan, drawing no. 1006-VIE-XX-GF-P-A-008-RB • Proposed typical section through store w/ existing building line, drawing no. 1006-VIE-XX-SEC-P-A-021-RA Received by the local planning authority on the 11th June 2021; and • Proposed Site Plan, drawing no. 1006-VIE-XX-SP-P-A-010-R5 Validated by the local planning authority on October 5th 2022, unless otherwise agreed in writing with the local planning authority.
Reason For the avoidance of doubt and to ensure that the development hereby approved is carried out in accordance with the approved plans and development parameters including any agreed revisions thereto.
Condition All external materials and finishes shall be as previously approved on September 27th 2022 pursuant to condition 3 to planning approval DA/2020/0054. All development shall be carried out in accordance with the approved details.
Reason In the interests of visual amenity and to ensure that any new materials are appropriate to the appearance of the locality and to the character and appearance of the Brixworth Conservation Area.
Condition Prior to the development hereby approved being brought into use the approved vehicular access, manoeuvring and parking provision shall be constructed, surfaced, laid out and thereafter retained for that purpose.
Reason In the interests of highway and pedestrian safety.
Condition The development hereby approved shall be implemented in full accordance with the following ecological and protected species measures: the ecological mitigation measures as specified in the submitted Preliminary Ecological Appraisal report, Report No: 1851 -18 dated August 2018 and prepared by Pam Brown Associates, specifically recommendations as contained within section 4.0 at pages 19 & 20: Badgers – 4.2, Breeding Birds – 4.3, and Opportunities for Enhancement – 4.5; and the bat protection and mitigation measures as specified in the submitted Bat Survey Report No: 1851 -18 dated September 2018 and prepared by Pam Brown Associates, specifically recommendations as contained within Section 6, pages 10 & 11: Bats – 6.1, Other species – 6.2, and Opportunities for Enhancement – 6.3.
Reason To ensure that adequate provision is made in order to help secure the long-term protection of any protected species potentially affected by the development hereby approved and to ensure that any disturbance to species of bats is minimised.
Condition The development hereby approved shall not be bought into use until and unless a Delivery Management Plan (DMP) has been submitted to and approved in writing by the Local Planning Authority OR by the Planning Inspectorate (PINS), the DMP will include details of the timing and frequency of vehicular deliveries to the premises (days and times), the type of vehicles to be employed and the control measures to be employed to minimise disturbance to neighbouring properties. The use of the development hereby approved shall be carried out in accordance with the parameters contained within the agreed DMP and any subsequent material changes to the agreed delivery arrangements shall be submitted to and agreed in writing with the Local Planning Authority prior to taking effect.
Reason To protect the residential amenity of nearby residents.
Condition Prior to the first operation of the premises hereby approved a scheme for the control of noise and vibration of any plant (including ventilation, refrigeration and air conditioning) or ducting system to be used in pursuance of this permission shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. The equipment shall be maintained in a condition so that it does not exceed a rating level of +3dB (calculated in full accordance with BS4142:2014) whenever it is operating as agreed with the Local Planning Authority. After installation of the approved plant no additional plant or ducting systems shall be used without the written consent of the Local Planning Authority.
Reason To protect the residential amenity of nearby residents.
Condition Details of any means of external illumination within the site shall be submitted to and approved in writing by the Local Planning Authority prior to the development hereby approved being bought into use. All external lighting elements shall be positioned and/or screened such as not to cause glare to drivers on the adjoining highway or cause annoyance to the occupants of adjoining residential properties.
Reason To protect the residential amenity of nearby residents and in the interests of highway safety and to ensure that any external lighting is appropriate to the character and appearance of the Brixworth Conservation Area.
Condition No demolition or construction work (including deliveries to or from the site) that causes noise to be audible outside the site boundary shall take place on the site outside the hours of 0800 and 1800 Mondays to Fridays and 0830 and 1300 on Saturdays, and at no times on Sundays or Bank Holidays unless otherwise agreed with the Local Planning Authority.
Reason To protect the residential amenity of nearby residents during demolition and construction works.
Condition The works hereby approved shall be carried out in strict compliance with the approved Demolition, Construction and Environment Management Plan (DCEMP), 9th April V3 (approved by the Local Planning Authority on 29th April 2021), and shall the measures therein shall be implemented and remain in place throughout the demolition and construction phases of development.
Reason To protect the residential amenity of nearby residents during demolition and construction works.
Condition Tree protection measures shall be carried out for the duration of the construction phase of the approved development in accordance with the submitted Arboricultural Method Statement for The Red Lion, Brixworth (prepared by The Environment Partnership, dated February 2021, document ref: 8620./001) submitted to and approved in writing by the Local Planning Authority on 10th June 2021. The measures, including fencing, shall be implemented in accordance with these details prior to demolition of the building and shall remain in place until all equipment, machinery, and surplus materials have been removed from the site. Nothing shall be stored, disposed of, or placed, nor fires lit, in any area fenced in accordance with this condition and the ground levels within these areas shall not be driven across by vehicles, altered, nor any excavation made (including addition/removal of topsoil/subsoil) without the written consent of the Local Planning Authority for the duration of demolition and construction work.
Reason To ensure that existing trees to be retained within the development hereby approved, which contribute to the visual amenity of the locality, which lies within the Brixworth Conservation Area, are adequately protected during construction.
Condition The premises shall only be open for customers between the following hours: 0700 - 2300 Mondays – Saturdays and 1000 - 1600 Sundays.
Reason To protect the residential amenity of nearby residents.
Condition Hard and soft landscaping shall be as per the approved landscape scheme –Landscape Plan drawing no: 1006-VIE-XX-LP-T-A-034-A, DATED 02/03/22 and shall be implemented prior to the development being first occupied/used, or otherwise during the first available planting season, whichever is sooner. This will incorporate any changes necessitated by the revised Site Plan, drawing no. 1006-VIE-XX-SP-P-A-010-R5, and will also incorporate any planting within the left visibility splay to the delivery egress to be low level (below 0.9m) or, in the case of trees, these are to be of a variety with minimal trunk girth when mature, details to be submitted to and approved by the Local Planning Authority. If within a period of ten years from the date of the planting of any tree or shrub, they, or any planted in replacement for them, are removed, uprooted or destroyed or die (or becomes in the opinion of the Local Planning Authority, seriously damaged or defective) another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.
Reason For the avoidance of doubt and to ensure that the visual impact of the development hereby approved within the Brixworth Conservation Area is enhanced and mitigated by appropriate landscaping within the site, and that the soft and hard landscaping used is appropriate to the character and appearance of the Conservation Area, does not obstruct pedestrian visibility, and is retained or replaced where appropriate.
Informative This decision sits alongside the original planning permissions DA/2020/0054 and DA/2021/0292, and will superseded those permissions if enacted.
Informative As required by Article 35 of the Town and Country (Development Management Procedure) (England) Order 2015 (as Amended) the following statement applies: In dealing with this planning application the Local Planning Authority have worked with the applicant in a positive and proactive manner with a view to seeking solutions to problems arising in relation to the consideration of this planning application.



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