1 The development shall be begun not later than the expiration of three years from the date of this permission.

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1 Approve Planning Permission TOWN AND COUNTRY PLANNING ACT 1990 To: Moreno Carbone 15 Alma Terrace YO10 4DQ Application at: Alma House 15 Alma Terrace York YO10 4DQ For: Conversion of guest house (use class C1) to 7no. residential units (use class C3) with associated private gardens and external alterations to include installation of rooflights. By: Moreno Carbone, Application Ref No: 17/01763/FUL Application Received on: 26 July 2017 CONDITIONS OF APPROVAL: 1 The development shall be begun not later than the expiration of three years from the date of this permission. Reason: To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act The development hereby permitted shall be carried out in accordance with the following plans:- Elevations as proposed drawing number 4 dated 09/10/17 received by the Local Planning Authority on 09/10/17, ground floor as proposed drawing number 8 dated 02/10/17 received by the Local Planning Authority on 09/10/17, first floor as proposed drawing number 2 dated 09/10/17 received by the Local Planning Authority on 09/10/17, second floor as proposed drawing 17/01763/FUL Page 1 of 6

2 number 2 dated 09/10/17 received by the Local Planning Authority on 09/10/17. Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority. 3 Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development. The development shall be carried out using the approved materials. Note: Because of limited storage space at our offices it would be appreciated if sample materials could be made available for inspection at the site. Please make it clear in your approval of details application when the materials will be available for inspection and where they are located. Reason: So as to achieve a visually cohesive appearance. 4 Notwithstanding the submitted drawings, large scale details (1:20, 1:5 as appropriate) of the following shall be submitted to and approved in writing by the Local Planning Authority prior to their erection/construction: a) New entrance doors. b) New and altered boundary walls and garden delineation. c) Roof lights (including exact size, profile and glazing bar details). d) Bin and cycle storage. The works shall be completed in accordance with the approved details prior to occupation of the new residential accommodation. Reason: To preserve the appearance of the conservation area. 5 Details of all means of enclosure to the site boundaries shall be submitted to and approved in writing by the Local Planning Authority before they are erected and shall be provided in accordance with the approved details before the development is occupied. Reason: In the interests of the visual amenities of the area, the amenities of neighbouring properties and highway safety. 17/01763/FUL Page 2 of 6

3 6 In the event that unexpected contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 7 The building shall not be occupied until the areas shown on the approved plans for parking and manoeuvring of cycles and refuse and recycling have been constructed and laid out in accordance with the approved plans, and thereafter such areas shall be retained as approved solely for such purposes. Reason: In the interests of sustainable development. 8 Notwithstanding the provisions of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development Order) (England) 2015 (or any Order revoking or re-enacting that Order), no new windows or external openings other than those approved by this consent shall be created in the building and thereafter none shall be created or increased or decreased in size or altered in shape. Reason: To preserve the architectural integrity of the sub-divided building. 9 Notwithstanding the provisions of Schedule 2, Part 2, Class A of the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order), no gate, fence, wall or other means of enclosure shall be erected or materially altered in appearance at the property other than that those agreed by this planning permission. Reason: To preserve the architectural integrity of the sub-divided building. 17/01763/FUL Page 3 of 6

4 10 Notwithstanding the provisions of Article 3 (Schedule 2, Part 1) of the Town and Country Planning (General Permitted Development Order) (England) 2015 (or any Order revoking or re-enacting that Order), development of the type described in Classes A (enlargement, improvement or other alteration of a dwelling house) and E (outbuildings) of that Order shall not be carried out to the approved dwelling. Reason: To protect neighbours living conditions and preserve the architectural integrity of the sub-divided building Date:31 October 2017 FOR RIGHTS OF APPEAL, SEE OVERLEAF Notes to Applicant M.Slater Assistant Director for Planning and Public Protection 1. STATEMENT OF THE COUNCIL`S POSITIVE AND PROACTIVE APPROACH In considering the application, the Local Planning Authority has implemented the requirements set out within the National Planning Policy Framework (paragraphs 186 and 187) in seeking solutions to problems identified during the processing of the application. The Local Planning Authority took the following steps in order to achieve an acceptable outcome: Roof garden removed, roof lights reduced in size, boundary details sought, bin and cycle storage enhanced. 2. INFORMATIVE - BATS In the UK, due to the decline in bat numbers in the last century, all species of bat are protected by the Wildlife & Countryside Act (1981) as amended, Countryside and Rights of Way Act (2000) and the Conservation of Habitats and Species Regulations (2010). Because of their protected status, it should be noted that if bats are discovered during the course of the work, all works must cease and Natural England must be informed immediately. It is an offence for anyone to disturb or handle a bat without the appropriate licences; planning consent for a development does not provide a defence against 17/01763/FUL Page 4 of 6

5 prosecution. This may cause some delay but should not prevent the work continuing, provided that due account is taken of their presence. There are opportunities for the development to enhance the building for bats. This can be done without detriment to the building through bat friendly features which can be designed at the outset and include features such as bat bricks, bat tiles or an adapted facia (see for more information). 3. INFORMATIVE - DEMOLITION AND CONSTRUCTION The developer's attention should also be drawn to the following which should be attached to any planning approval as an informative. (i) All demolition and construction works and ancillary operations, including deliveries to and dispatch from the site shall be confined to the following hours: Monday to Friday to Saturday to Not at all on Sundays and Bank Holidays. (ii) The work shall be carried out in such a manner so as to comply with the general recommendations of British Standards BS : A1:2014 and BS : A1:2014, a code of practice for "Noise and Vibration Control on Construction and Open Sites". (iii) Best practicable means shall be employed at all times in order to minimise noise, vibration, dust, odour and light emissions. (iv) All plant and machinery to be operated, sited and maintained in order to minimise disturbance. All items of machinery powered by internal combustion engines must be properly silenced and/or fitted with effective and well-maintained mufflers in accordance with manufacturers instructions. (v) There shall be no bonfires on the site. 17/01763/FUL Page 5 of 6

6 Appeals to the Secretary of State. If you are aggrieved by the decision of the City Council to attach conditions to the grant of planning permission, then you can appeal to the Secretary of State for the Environment under Section 78 of the Town and Country Planning Act If you want to appeal, then you must do so within SIX months of the date of this. You must use a form which you can get from The Planning Inspectorate, at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN (tel: ) or which can be downloaded from their web site ( The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.. The Secretary of State need not consider an appeal if it seems to him that the City Council could not have granted planning permission for the proposed development, or could not have granted it without the conditions it imposed, having regard to the statutory requirements, to the provisions of the Development Order and to any directions given under the Order.. In practice, the Secretary of State does not refuse to consider appeals solely because the City Council based its decision on a direction given by him. Purchase Notices. If either the City Council or the Secretary of State for the Environment refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state, nor can he render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.. In these circumstances, the owner may serve a purchase notice on the City Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act Compensation. In certain circumstances, compensation may be claimed from the City Council if permission is refused or granted subject to conditions by the Secretary of State on appeal or on reference of the application to him.. These circumstances are set out in Section 120 and related provisions of the Town and Country Planning Act Note This permission does not absolve you from the need to obtain approval under the Building Regulations, or to obtain approval under any other Bye-Laws, Local Acts, Orders, Regulations and statutory provision in force, and no part of the proposed development should be commenced until such further approval has been obtained. 17/01763/FUL Page 6 of 6