NOTIFICATION OF GRANT OF Outline Planning Permission

Transcription

1 Mr Brian Jennings San Pio Victoria Road Kingsdown Deal, Kent CT14 8DY Town and Country Planning Act 1990 Town and Country Planning (Applications) Regulations 1988 APPLICATION NUMBER DOV/10/00290 NOTIFICATION OF GRANT OF Outline Planning Permission Proposal: Outline application for the erection of 2 detached dwellings Location: San Pio, Victoria Road, Kingsdown TAKE NOTICE that Dover District Council, the District Planning Authority under the Town and Country Planning Act, HAS GRANTED Outline Planning Permission for the proposal in accordance with the application and accompanying plans received on 31/03/10 SUBJECT TO SUCH CONDITIONS AS ARE SPECIFIED hereunder together with the reasons for their imposition:- 1 Approval of the details of the layout, scale, appearance the means of access thereto and the landscaping of the site (hereinafter called the reserved matters) shall be obtained from the Local Planning Authority in writing before any development is commenced. Reason: As no such details have been submitted. 2 Plans and particulars of the reserved matters shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. Reason: As no such details have been submitted and to ensure that the development is carried out in accordance with the approved plans and details. 3 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. Reason: In pursuance of Section 92 of the Town and Country Planning Act 1990 and to enable the matter to be considered in the light of any material change in planning circumstances.

2 4 The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved. Reason: In pursuance of Section 92 of the Town and Country Planning Act 1990 (as amended) and to enable the matter to be considered in the light of any material change in planning circumstances. 5 No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: As no such details have been submitted and in the interests of visual amenity. 6 No development shall take place until full details of existing and proposed ground levels and sections through all buildings, including levels of thresholds, have been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out as approved. Reason: To ensure that the development is carried out at suitable levels in relation to adjoining land and buildings and in the interests of amenity and highway requirements. 7 No development shall take place until full details of soft landscape works to include; species, numbers of plants/trees, sizes and times of planting have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. 8 If within a period of five years from the date of the planting of any tree or shrub that tree or shrub, or any tree or shrub planted in replacement for it, is removed, uprooted or destroyed or dies (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: To ensure that adequate provision is made for the planting of trees and shrubs and in the interests of maintaining and enhancing the quality and enjoyment of the environment. 9 No development shall take place until full details of hard landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved prior to the first occupation of the dwellings.

3 10 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed prior to the first occupation of the dwellings and in accordance with the approved details. 11 No development shall take place until details of sight lines at the junction of the proposed drive with the existing road have been submitted to and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the first use of the drive and thereafter shall be so maintained; no structure, tree or plant within the approved sight lines shall exceed 0.60 metres in height. Reason: In the interests of road safety and convenience. 12 The first 6 metres of the drive shall be at a gradient not exceeding 1 in 12 Reason: In the interests of road safety and convenience. 13 No development shall take place until full details of the space to be laid out for parking of cars have been submitted to and approved by the Local Planning Authority. No dwelling hereby approved shall be occupied until that space within its curtilage and the vehicular access to it have been laid out and surfaced in accordance with the approved details and thereafter it shall not be used for any purpose other than the parking of vehicles. Reason: In order to ensure that adequate parking or garaging is provided and maintained and in the interests of road safety and visual amenity. 14 No development shall take place until details of the space to be laid out for the parking of plant and vehicles engaged in construction work have been submitted to and approved by the Local Planning Authority. That space and the vehicular access to it shall be available for the parking of plant and vehicles at all times during construction work and it shall not be used for any other purpose. Reason: To ensure that adequate parking is provided and maintained during construction works and in the interests of road safety and visual amenity. 15 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extensions, garages or other buildings shall be erected other than any expressly authorised by this permission. Reason: To prevent an overintensive development and in the interests of visual amenity. 16 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 ( or any order revoking and re-enacting that Order with or without modification), no window, door or other opening shall be inserted in the southern or northern elevations of each dwelling hereby approved, unless otherwise agreed in writing with the Local Planning Authority. Reason: In order to avoid unacceptable overlooking.

4 17 The details submitted pursuant to condition 1 shall include a street elevation to show the relationship of the development to adjoining buildings. Reason: To ensure a satisfactory visual appearance in the street scene. 18 The dwellings shall achieve Level 3 of the Code for Sustainable Homes. They shall not be occupied until a final Code Certificate has been issued for it certifying that Code Level 3 has been achieved and the Certificate has been submitted to and acknowledged in writing by the Local Planning Authority. Reason: In the interests of the prudent use of natural resources and the wider objective of sustainable development. In reaching the decision to grant planning permission, the Local Planning Authority has taken into account the requirement in Section 38(6) of the Planning and Compulsory Purchase Act 2004 to determine the application in accordance with the Development Plan, the policies of the Development Plan and all other material considerations. Policies are referred to in conditions where appropriate. Dated: 07/07/2010 DISTRICT COUNCIL OFFICES WHITE CLIFFS BUSINESS PARK DOVER KENT CT16 3PJ TEL:DOVER (01304) Signed: For Tim Flisher Development Control Manager YOUR ATTENTION IS DRAWN TO THE REQUIREMENTS OF THE CONDITIONS SET OUT IN THIS DECISION NOTICE. THE PLANNING PERMISSION IS CONDITIONAL ON COMPLIANCE WITH THESE REQUIREMENTS. SOME CONDITIONS MAY REQUIRE THE SUBMISSION AND APPROVAL OF FURTHER DETAILS BEFORE ANY WORK IS COMMENCED AND SUCH SUBMISSIONS WILL BE SUBJECT TO A FURTHER FEE. ANY CHANGE TO THE APPROVED PLANS IS LIKELY TO REQUIRE A FURTHER PLANNING PERMISSION. FAILURE TO COMPLY WITH THESE REQUIREMENTS MAY LEAD TO LEGAL ACTION BY THE DISTRICT COUNCIL AND /OR MEAN THAT THE PERMISSION IS VOID. YOUR ATTENTION IS ALSO DRAWN TO THE NOTES AND ANY LETTER ACCOMPANYING THIS NOTICE

5 Appeals to the Secretary of State If you are aggrieved by the decision of the Council to refuse permission for the proposed development, or to grant permission subject to conditions, you may wish to discuss with the Council whether a revised proposal would be likely to succeed; the District Council is likely to charge for such discussions. Otherwise you may appeal to the First Secretary of State under Section 78 of the Town and Country Planning Act If you wish to appeal, you must do so within 6 months of the date of this notice or within 12 weeks of this date if your application concerned householder development. Householder development includes development of an existing dwellinghouse, or development within the curtilage of a dwellinghouse for any purpose incidental to its enjoyment. Appeals must be made on a form which is obtainable only from the Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN, Tel: , or online at The Secretary of State has power to allow a longer period for giving notice of an appeal, but he will not be prepared to use this power unless there are extraordinary 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 Council could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order. In practice, the Secretary of State does not refuse to consider appeals solely because the Council based its decision on a direction given by him. Purchase Notices If either the Council or the Secretary of State 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 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 Council. 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 Environmental Statements If you submitted an Environmental Statement, the Local Planning Authority has taken that environmental information into consideration in reaching its decision. Other Matters Any planning permission or approval granted is confined to permission under the Town and Country Planning Act and the Town and Country Planning (General Development Procedure) Order 1995, and does not negate the need for compliance with any other enactment, bylaw, or other provision whatsoever or of obtaining from the appropriate authority or authorities any permission, consent, approval or authorisation which may be required. This includes the need to apply for Listed Building Consent should the proposal involve the demolition or alteration (internal or external) of, or extension to, a building listed as being of Architectural or Historic Interest, or of any structure built before July 1948 within the curtilage of a listed building, and Conservation Area Consent for the total or substantial demolition of any unlisted building if it is situated within a designated conservation area. You are advised particularly to contact the Building Control Officer at the District Council Offices, White Cliffs Business Park, Dover ( ) to ascertain whether permission is necessary under the Building Regulations. Attention is also drawn in particular to the provisions of Section 53 of the County of Kent Act 1981, which may be applicable, the requirements of the Party Wall Etc Act 1996 concerning notifying affected neighbours and the Housing Act 2004 concerning the adequacy of lighting to habitable rooms. Many species of wildlife and their habitat are protected by law. Should any change be required to your proposal, however minor, in connection with other legislation or otherwise, a further planning permission is likely to be required to ensure that the development is authorised. Now that your application has been determined, it is no longer necessary for the Council to retain a spare set of your submitted plans. This set of plans will be available for collection at the District Council offices within the next 6 weeks (or 6 months if your application has been refused) after which time it will be destroyed. The plans should be signed for on collection.