Town and Country Planning England Town and Country Planning (Development Management Procedure) (England) Order 2010

Transcription

1 PLANNING PERMISSION Town and Country Planning England Town and Country Planning (Development Management Procedure) (England) Order 2010 THIS PERMISSION DOES NOT CONSTITUTE APPROVAL UNDER THE BUILDING REGULATIONS To Mr Wellington Pub Company c/o Caldecotte Consultants FAO Mr James Sturgess Unit A Bourton Business Centre Manor Farm Buckingham Buckinghamshire MK18 7DS This Council hereby grants approval for (Please see notes at end of this letter) Construction of 10 dwellings and the creation of a new access. Modification of existing access, car parking and landscaping. on land at Macmillans Long Lane Wheatley Halifax Calderdale HX3 5AD in accordance with the following plans approved by the Council on Plan Type Reference Version Date Received Location Plan 00 A Location Plan Street Scene Block plan Layout Plan Proposed floor plan Proposed Elevations Proposed floor plan Proposed Elevations Proposed floor plan Proposed Elevations Proposed Elevations

2 Proposed floor plan Topographical 14168CV01A and subject to the following conditions under Section 91 of the Act The development to which this permission relates must be begun not later than the expiration of THREE YEARS beginning with the date on which this permission is granted and subject to the additional conditions specified below: 1. Notwithstanding any details shown on the permitted plans the development shall not begin until details of the proposed facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. Before the development hereby permitted is first brought into use, the development shall be constructed in accordance with the details so approved and shall be so retained thereafter. 2. The wall along the Long Lane boundary shall be retained or amended at a maximum height of 780mm to provide the necessary sight lines in accordance with the permitted plans prior to the first occupation of the development hereby permitted and shall be so retained thereafter. 3. Notwithstanding the submitted layout the development shall not begin until details of parking and turning for each dwelling has been submitted to and approved in writing by the Local Planning Authority. The parking and turning so approved shall then be provided and surfaced using permeable surfacing materials where any surface water shall be directed to sustainable drainage outlets or porous surfaces within the curtilage before the development is brought into use and shall thereafter be retained for this purpose for the occupiers of and visitors to the development. 4. In connection with any garage, driveway, vehicle hardstanding or car-port hereby approved for construction within the boundary of a dwelling, there shall be installed in an appropriate location a suitable facility to permit the recharge of an electrical battery-powered vehicle that may be used in connection with that dwelling. Unless otherwise required by the location the installation(s) shall comply with IEE regulations and BSEN for a mode 3 system 5. Unless otherwise agreed in writing by the Local Planning Authority, the development shall not begin until full details of the foul and/or surface water and/or sustainable systems of drainage if feasible and/or sub-soil drainage for the development (including details of any balancing works, off-site works, existing systems to be re-used and diversions) and external works have been submitted to and approved in writing by the Local Planning Authority. The details so approved shall be implemented prior to the first operation of the development and retained thereafter. 6. The development shall not begin until plans of the site showing details of the existing and proposed ground levels, proposed floor levels, levels of any paths, drives, garages and parking areas and the height of any retaining walls within the development site have

3 been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in complete accordance with the details so approved and shall be so retained thereafter. 7. The development shall not begin until details of the treatment of all the boundaries of the site, including those between the new dwellings, have been submitted to and approved in writing by the Local Planning Authority. The treatments so approved shall then be provided in full prior to the first occupation of the dwellings and shall thereafter be retained. 8. The development shall not begin until a scheme of landscaping the site has been submitted to and approved in writing by the Local Planning Authority. 9. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the dwellings or the completion of the development, whichever is the sooner; and shall be so retained thereafter, unless any trees or plants within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased. These shall be replaced in the next planting season with others of similar size and species, (unless otherwise agreed in writing by the Local Planning Authority) and these replacements shall be so retained thereafter. 10. Before development begins a scheme of the provisions to be made for the storage and collection of wastes including recyclable wastes arising from the development, compatible with the requirements of the Council's waste collection service, shall be submitted in writing to the Local Planning Authority for its approval. The scheme shall account for a) suitable location of waste store(s) relative to all dwellings of the development hereby permitted, and b) the design and construction of each waste store so as to minimise loss of amenity from vermin, odour, flies and animal attack; and to provide sufficient space for receptacles for the separate storage of household waste and recyclable wastes, and c) waste collection point(s), level accessways between the stores and collection point(s), and unobstructed vehicular access to the waste collection point(s); The provisions shall be constructed in accordance the scheme so approved prior to the first occupation of the development, and maintained thereafter. 11. Prior to the dwellings being brought into use, 10 bat roosting or swift nesting features shall be provided within the site in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. These features shall thereafter be retained. 12. Unless otherwise agreed in writing by the local planning authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. The reasons for the Councils decision to grant an approval for the development subject to the above additional conditions are:

4 1. To ensure the use of appropriate materials in the interests of visual amenity and to ensure compliance with policy BE1 of the Replacement Calderdale Unitary Development Plan. 2. To ensure the provision of sufficient sightlines and to ensure compliance with policy BE5 and policy T18 of the Replacement Calderdale Unitary Development Plan. 3. To ensure that suitable parking and turning facilities are available for the development and to ensure compliance with policy BE5 and policy T18 of the Replacement Calderdale Unitary Development Plan. 4. In the interests of sustainability and to ensure compliance with Paragraph 124 of Section 11, Conserving and enhancing the natural environment, of the National Planning Policy Framework. 5. To ensure proper drainage of the site and to ensure compliance with policy EP14 of the Replacement Calderdale Unitary Development Plan. 6. To ensure that the works are carried out at suitable levels in relation to adjoining properties and highways in the interests of visual amenity and to ensure compliance with policies BE1, BE2 and BE5 of the Replacement Calderdale Unitary Development Plan. 7. In the interests of amenity and privacy and to ensure compliance with policies BE1 and BE2 of the Replacement Calderdale Unitary Development Plan. 8. In the interests of visual amenity and to ensure compliance with policies BE1, BE2 and BE3 of the Replacement Calderdale Unitary Development Plan. 9. In the interests of amenity and to help achieve a satisfactory standard of landscaping and to ensure compliance with policies BE1, BE2 and BE3 of the Replacement Calderdale Unitary Development Plan. 10. To ensure adequate waste provision and in the interests of amenity and pollution prevention and to ensure compliance with policies H2 and BE1 of the Replacement Calderdale Unitary Development Plan. 11. In the interest of biodiversity enhancement and to accord with policies NE15 and NE16 of the Replacement Calderdale Unitary Development Plan and the guidance contained within the National Planning Policy Framework. 12. To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal and to ensure compliance with policies EP14 and H2 of the Replacement Calderdale Unitary Development Plan. Informative(s) 1. STANDING ADVICE - DEVELOPMENT LOW RISK AREA

5 The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on It should also be noted that this site may lie in an area where a current licence exists for underground coal mining. Further information is also available on The Coal Authority website at: Property specific summary information on past, current and future coal mining activity can be obtained from: This Standing Advice is valid from 1st January 2015 until 31st December The Local Planning Authority has endeavoured to work with the applicant/agent in relation to this application, to secure a development that positively contributes to the economic, social and environmental well being of Calderdale in accordance with the National Planning Policy Framework. 3. The applicant's attention is drawn to the consultation response from Yorkshire Water. Consultation responses can be viewed on our website at www. calderdale.gov.uk. Click on the search button in the Search and Comment on Planning Applications box and then enter the relevant application number. Consultation responses can be found when you click on the Comments tab. Please be aware that you will have to submit an application to have the details required by condition, approved. The fee is 28 for a Householder application and 97 for a Non-householder. There is no charge for discharging conditions on Listed Building Consents, TPO s or Conservation Area Consents Please note the charges will be applied per application irrespective of how many conditions the application is for. Ie If there are 20 conditions and you only apply for 1-10 then the appropriate fee will apply and when you apply for conditions you will be charged again. DATED: 1 April 2015 Geoff Willerton BA(Hons)MRTPI Head of Planning & Highways

6 Appeals to the Secretary of State TOWN AND COUNTRY PLANNING ACT 1990 If you are aggrieved by the decision of your Local Planning Authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State for Communities and Local Government under Section 78 of the Town and Country Planning Act If this is a decision to refuse planning permission for a householder application, If you want to appeal against your Local Planning Authority s decision then you must do so within 12 weeks of the date of this notice. If this is a decision to refuse planning permission for a minor commercial application, If you want to appeal against your Local Planning Authority s decision then you must do so within 12 weeks of the date of this notice. If this is not a refusal of planning permission for a householder or minor commercial application if you want to appeal then you must do so within six months of the date of this notice. However, if an Enforcement notice has been served for the same or substantially the same land and development as in your application the time limit is: 28 days from the date of the Local Planning Authority s decision if the Enforcement Notice was served before the decision was made yet not longer than 2 years before the application was made or 28 days from the date the Enforcement Notice was served if served on or after the date the decision was made (unless this extends the appeal period beyond 12 weeks where this relates to a householder application, or unless this extends the appeal period beyond 6 months, for the other applications). You should use forms which you can get from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN (Tel: ) or online at A copy of the completed appeal form should be sent to, Calderdale MBC Planning Services, Northgate House, Northgate Halifax, West Yorkshire, HX1 1UN. The Secretary of State can allow a longer period for giving notice of an appeal, but 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 Local Planning Authority could not have granted permission without the conditions imposed, having regard to the statutory requirements, to the provisions of any 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 Local Planning Authority based its decision on a direction given by him.

7 The Planning Inspectorates online appeals service which you can use to make your appeal can be found through the Appeals area of the Planning Portal see The Inspectorate will publish details of your appeal on the internet (on the Appeals area of the Planning Portal). This may include a copy of the original planning application form and relevant supporting documents supplied to the local authority by you or your agent, together with the completed appeal form and information you submit to the Planning Inspectorate. Please ensure that you only provide information, including personal information belonging to you that you are happy will be made available to others in this way. If you supply personal information belonging to a third party please ensure you have their permission to do so. More detailed information about data protection and privacy matters is available on the Planning Portal. Purchase Notice If either the Local Planning Authority or the Secretary of State for Communities and Local Government 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 carrying out any development which has been or would be permitted. In these circumstances, the owner may serve a purchase notice on the Council in whose area the land is situated. This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.