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  • Application Number: 42/19/00015
  • Parish/Town Council:

Application Progress:

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Application Registered:
Comments Welcome By:
16/08/2019
Application Decided:
03/09/2019

Subscription Request Sent :

Error :

Type:
Full Planning Permission
Location:
Land North West Of Dunball Roundabout West Of, Bristol Road, Dunball, Bridgwater, Somerset
Proposal:
Variation of Condition 2 of Planning Permission Application No. 42/18/00016 (Hybrid (full and outline) application for the erection of a petrol filling station, formation of access, ancillary roads and drainage. Outline application with all matters reserved for Use Class B2 development.) to replace car wash building with four jet wash bays consisting of two bays with domed roof and two bays with just side screens.
Case Officer:
Dawn de Vries
Registered Date:
10/07/2019
Applicant:
Forelle Estates Limited
Applicant Address:
Strand House Strand Street Poole BH15 1SB
Agent:
Wyeth Projects Services, The Cart Shed
Agent Address:
The Cart Shed Amberley Court Old Elstead Road Milford GU8 5EB
Consultation Start Date:
16/07/2019
Earliest Decision Date:
17/08/2019
Decision Level:
Delegated
Decision:
Granted Permission
Decision Date:
03/09/2019

Conditions and Reasons

Number
Condition
Complied Date
1
The petrol filling station, formation of access and ancillary roads hereby permitted shall be begun before the expiration of 21/12/2021. Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act, 1990 ( as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
2
Approval of the details of the access, appearance, landscaping, layout and scale (hereinafter called "the reserved matters") for Use Class B2 Use development hereby approved shall be obtained from the local planning authority in writing before any development on this element of the development is commenced. Plans and particulars of the reserved matters referred to above, relating to the access, appearance, landscaping, layout and scale, shall be submitted in writing to the local planning authority and shall be carried out as approved. Application for approval of the reserved matters shall be made to the local planning authority before the expiration of 21/12/2021. 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, whichever is the later. Reasons: The application was submitted as an outline application in accordance with the provisions of Article 5(1) of the Town and Country Planning (Development Management Procedure) Order 2015. In accordance with the provisions of Section 92 of the Town and Country Planning Act, 1990 (As amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
3
The detailed element of the application including the petrol filing station hereby permitted shall be carried out in accordance with the approved plans listed in schedule A. Reason: For the avoidance of doubt and in the interests of proper planning.
4
Pre commencement (full consent) Before any work is commenced a programme showing the phasing of the development and highway works to ensure each element is appropriately served prior to their first use shall be submitted to and approved in writing by the Local Planning Authority and the development of the estate shall not proceed other than in accordance with the approved programme. Reason: This condition is pre commencement in the interests of Highway Safety and in accordance with Policies D14 and D15 of the emerging Local Plan.
5
Prior to commencement of any works on site a Condition Survey of the existing public highway to include the site access road, the roundabout and 50m on each approach and exit will need to carried out and agreed with the Highway Authority. Any damage to the highway occurring as a result of any phase of the development is to be remedied by the developer to the satisfaction of the Highway Authority once all works have been completed on site. Reason: In the interests of Highway Safety in accordance with Policies D14 and D15 of the emerging Local Plan
6
The development of the detailed element of the scheme including the petrol filling station hereby permitted shall not be commenced until such time as a scheme to install oil and petrol separators (including maintenance requirements and responsibilities has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved and maintained for the lifetime of development. Reasons: This condition is pre commencement in the interests of protection of controlled waters
7
Pre commencement (outline) For each reserved matters application a surface water drainage strategy shall be submitted to and approved in writing by the Local Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principle set out in the NPPF and associated PPG and the Non-statutory technical standards for sustainable drainage systems. The results of the assessment shall be provided to the Local Planning Authority with any strategy. The system shall be designed such as there is no surcharging for a 1 in 30 year event and no internal property flooding for a 1 in 100 year event + 40% for climate change. The submitted details shall: Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharge rate to Qbar or 2 l/s/lmpa and volume from the site and the measures taken to prevent pollution of the receiving ground water and/or surface water. Provide a plan indicating flood exceedance routes, both on and off site in the event of a blockage or rainfall event that exceeds the designed capacity of the system. Provide a management and maintenance plan for the lifetime of the development which shall include the arrangement for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime including:- details of land ownership; maintenance responsibilities; a description of the system; the identification of individual assets, services and access requirements; detail of routine and periodic maintenance activities. The surface water drainage scheme shall be managed and maintained in accordance with the agreed details and the management and maintenance plan for the life time of the development. Reason: This condition is pre commencement in the interests of securing an appropriate surface water drainage strategy for the entirety of the site in accordance with Policy D1 of the emerging Local Plan and advice contained within the NPPF.
8
Where the approved development is to proceed in a series of phases, each phase submitted beyond a year of the date of this consent will require further supplementary ecological surveys to be undertaken to inform the preparation and implementation of corresponding phases of ecological measures required through Condition(s) 12 (landscaping), 15 (badgers), 16 (bat roosts), 16 (lighting design for bats), 19 (LEMP) and 25 (protective fencing) The supplementary surveys shall be of an appropriate type and survey methods shall follow national good practice guidelines and be submitted along with any further mitigation required, to the local planning authority for approval prior to site works commencing. Reason: In the interest of protected and priority species and biodiversity generally in accordance with Policy D21 and D22 of the emerging Local Plan.
9
Pre commencement both full and outline The development of each phase of development hereby permitted shall not commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority (in consultation with Somerset County Council). The plan shall include construction vehicle movements, construction operation hours, construction vehicular routes to and from site, construction delivery hours, expected number of construction vehicles per day, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice and a scheme to encourage the use of public transport amongst contractors. The development shall be carried out strictly in accordance with the approved Construction Management Plan. Reason: In the interests of Highway Safety and to comply with Policies D14 and D15 of the emerging Local Plan
10
Development other than that required to be carried out as part of an approved scheme of remediation for the detailed application and for each respective phase must not commence until conditions A to C have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition D has been complied with in relation to that contamination. A.Site Characterisation A detailed site investigation and risk assessment must be completed in accordance with current UK guidance to assess the nature, extent and scale of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The investigations, risk assessments and written reports must be approved in writing by the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) desk study information, conceptual models, investigation methods, investigation results and interpretation and any other information required by the local planning authority to justify and appraise the report findings. (iii) an assessment of the potential risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological sites and ancient monuments; (iv) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with current UK guidance including DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. B.Submission of Remediation Scheme In cases where contamination is shown to exist a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property, the natural and historical environment and surrounding land must be prepared, and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. C.Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and approved in writing by the local planning authority. D.Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition A, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition B, 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 in accordance with condition C. E.Long Term Monitoring and Maintenance If a monitoring and maintenance scheme, to include monitoring the long-term effectiveness of the proposed remediation, is required as part of the approved remediation scheme then the monitoring and maintenance scheme will need to be approved in writing by the local planning authority. Following completion of the measures identified in that monitoring and maintenance scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority for approval. This must be conducted in accordance with current UK guidance including DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 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.
11
Prior to any construction works commencing on site a written commitment to the sourcing of local labour shall be submitted to and approved in writing by the local planning authority. The written commitment, as a minimum, shall set out the following matters: i) The proportion of construction workers to be sourced from the local labour pool, ii) Work experience/ apprenticeship opportunities; iii) The proportion of local procurement and sourcing; iv) On-going skills development and training opportunities; v) The steps that will be taken to ensure that the above is implemented; vi) The operator shall maintain a record of i - v above and shall make that information available to the local planning authority at all reasonable times upon request. Reason: In accordance with policy D11 of the Sedgemoor Core Strategy and Policy D16 of the emerging Local Plan. This matter needs to be agreed prior to commencement of construction in order to ensure that local labour is used in the project from the start.
12
Prior to the commencement of the development on the full application and for each phase a landscape plan shall be submitted to the local planning authority for approval. The landscape proposals shall identify the proposed species, stock sizes and planting distances specified in a plant schedule. The planting shall be implemented in the first planting season following the completion of the relevant phase of development and maintained thereafter until it is well established. Any plant which fails shall be replaced to the satisfaction of the local planning authority. Reason: This condition is pre commencement in the interests of the visual amenities of the surrounding area and in accordance with Policy D20 of the emerging Local Plan and advice contained within the NPPF.
13
Prior to the commencement of development an air quality assessment (with reference to current national air quality objectives and guidance documents), shall be carried out for the proposed development and submitted to the Local Planning Authority. If the assessment identifies the need to protect occupiers of neighbouring residential housing from the effects of air-borne pollutants arising from traffic associated with the proposed development, a mitigation scheme shall be submitted to and approved in writing by the local planning authority prior to construction above ground level. All works which form part of the approved scheme shall be completed prior to completion of the development hereby approved and maintained for the life of the development. Reason: In order to safeguard the amenities of the occupiers of neighbouring residential dwellings in respect of atmospheric pollution in accordance with Policy D25 of the emerging Local Plan.
14
Other Trigger Prior to the first use of the B2 Units the site should provide an acoustic fence to the east of the proposed development, details of which shall be submitted to and approved by the Local Planning Authority prior to construction of the units. The acoustic fence shall be carried out in accordance with the agreed details and retained and maintained thereafter. Reason: To protect the amenity of local residents in accordance with Policies D2 and D26 of the emerging Local Plan
15
Prior to ground or vegetation clearance a temporary fence shall be erected at least 20 metres away from the badger setts identified in sections 3.13. to 3.14 and Figure 1 of the Clarke Webb Ecological Appraisal and maintained until the conditions of a Natural England development licence for badgers are fulfilled. A copy of the licence and a letter confirming the conditions of the licence have been carried out in full shall be submitted to the local planning authority before the temporary fence is removed. Any further discovered badger setts will be reported to the local planning authority and the fore mentioned procedure applied. Reason: in the interests of a UK protected species and in accordance with Policy D22 of the emerging Local Plan
16
Prior to any work being carried out to the trees identified in section 3.1of the Clarke Webb Ecology report (LUC, June 2018) as of low bat roost potential require felling or other works to them notification of felling or other tree works to be carried out shall be submitted to and agreed in writing with the LPA. They shall be 'soft felled', which would involve sensitively lowering the sections with Bat Roost Potential features to the ground. Once on the ground, features should be kept upright and angled at 90 degrees to the ground to enable bats to exit in the unlikely event of single or low numbers of bats being present. Reason: In the interests of the strict protection of European protected species and in accordance with Policy D22 of the emerging Local Plan
17
Prior to the erection of any lighting, a lighting strategy for the planned works shall be submitted and agreed in writing by the local authority, and Harbour Master of the Port of Bridgwater. Any lighting strategy shall include details & locations of artificial lighting on the site, details of the adjustability of the lights and methods to prevent artificial lighting adversely affecting vessels operating within the Port of Bridgwater, including relocating the position of the light if required and contact details in case adjustments are required during construction. Any lighting should be carried out in full accordance with the approved details and retained and maintained as agreed throughout the life of the development. Reason: To prevent artificial lighting from developments and construction sites in the area of the River Parrett, having an adverse effect on the safety of vessels navigating and berthing within the Port of Bridgwater, mainly during the period from dusk to dawn.
18
Prior to construction of any lighting, a "lighting design for bats shall be submitted to and approved in writing by the local planning authority. The strategy shall: a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around resting places or along important routes used to access key areas of their territory, for example, for foraging; and b) show how and where external lighting will be installed (through the provision of lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the design, and these shall be maintained thereafter in accordance with the design. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority. Reason: In the interests of the Favourable Conservation Status of populations of European protected species.
19
A Landscape and Ecological Management Plan (LEMP) shall be submitted to the Local Planning Authority prior to construction of development above ground level for the detailed element of this application and each subsequent phase. The details shall be approved in writing by, the local planning authority prior to the use of each phase of development. The content of the LEMP shall include the following: a) Description and evaluation of features to be managed. b) Ecological trends and constraints on site that might influence management. c) Aims and objectives of management. d) Appropriate management options for achieving aims and objectives. e) Prescriptions for management actions. f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period). g) Details of the body or organization responsible for implementation of the plan. h) On-going monitoring and remedial measures. The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details. Reason: In the interests of protected species and biodiversity generally
20
The cycle/pedestrian footpath shall be provided in accordance with the approved plans (010 Rev E) prior to the first use of the petrol filling station hereby approved and no other vehicle or pedestrian access shall be provided on the A38 Bristol Road. Reason: In the interests of the accessibility of the site and Highway Safety in accordance with Policies D14 and D15 of the emerging Local Plan.
21
Before each phase of development hereby approved is occupied, a fully sheltered lockable cycle parking facility in connection with that phase shall be provided within the site in accordance with details that shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of Highway Safety and sustainable travel in accordance with Policies D14 and D15 of the emerging Local Plan.
22
Compliance The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) (EF2203 FRASDS/JPS by WSP) and the following mitigation measures detailed within the FRA: Finished Ground Levels (FGL) set at a minimum of 8.78m AOD for the Petrol Filling Station (PFS) and 8.62m AOD for the perimeter PFS pavements and car wash. The industrial units FGL set at a minimum of 8.62m AOD. The mitigation measures relating to each phase of development shall be fully implemented prior to first occupation of that phase and maintained for the lifetime of development. Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with Policy D1 and advice contained within the NPPF.
23
No Development shall be within 6 m of the top of the bank of a water course other than the development of the assets of the drainage system as approved. Reason: In the interests of ensuring appropriate maintenance of the surrounding water courses in accordance with Policy D1 of the emerging Local Plan and advice contained within the NPPF.
24
The development shall be carried out in accordance with the mitigation measures as set out in Section 8.2 and 8.3 of the Heritage Statement. Reason: In the interests of the surrounding heritage assets and in accordance with Policy D27 of the emerging Local Plan and advice contained in the NPPF.
25
The existing trees and hedgerows to be retained on the site shall be protected with temporary fencing in accordance with BS5837:2012 during the construction period to prevent root and branch damage. Prior to development commencing within proximity of the trees and hedgerows on site, a root protection area shall be defined onto which the temporary fencing shall be located. No storage of materials, fires lit, plant, machinery or site huts shall be carried out within the root protection area. Reason: To ensure that the health of the existing retained trees and hedgerows are maintained and in the interests of the biodiversity of the site in accordance with Policy D20 of the emerging Local Plan.
26
No removal of hedgerows or scrub shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority. Reason: In the interest of nesting wild birds in accordance with Policy D22 of the emerging Local Plan
27
The car wash should not be operated outside the hours of 07.00 - 23.00. Alternatively the noise could be minimised by the construction of an acoustic fence to the east of the car wash. Details of any acoustic fence should be submitted to and approved by the Local Planning Authority prior to construction and operation of the site. Reason: To protect the amenity of local residents in accordance with Policy D2 of the emerging Local Plan.
28
The proposed roller door shutters on the B2 units shall be fitted with brush seals at the head and sides and with a neoprene seal at the bottom, to prevent rattle caused by the wind. Reason: To safeguard local residents from noise and disturbance in accordance with Policies D2 and D26 of the emerging Local Plan.
29
The sound emission level from all items of fixed plant associated with the development, when operating concurrently at maximum design duty, is to achieve a rating level no higher than 40 dB during the day and 26 dB during the night, when assessed at the nearest noise-sensitive properties in accordance with BS 4142:2014. Reason: To safeguard local residents from noise and disturbance in accordance with Policies D2 and D26 of the emerging Local Plan.
30
Any external lighting must only directly illuminate the application site and shall be fully adjustable Reason: To safeguard residents from obtrusive light in accordance with Policy D26 of the emerging Local Plan.
31
No operations associated with use classes B2, including deliveries, shall take place outside the hours of 07:00 to 23:00 Mondays to Fridays, 08:00 to 18:00 on Saturdays, with the exception of specific works which shall have been agreed in advance and in writing by the local planning authority and shall include details of the task, the date and duration of works. No works to take place on Sunday and Bank Holidays. Reason: To protect the amenity of local residents in accordance with Policy D26 of the emerging Local Plan.
32
The retail shop and associated food outlet hereby approved shall only be operated as part of the approved use of the site as a whole as a petrol filling station. As such the retail shop and associated food outlet shall not open for sales until such time as the petrol station is fully operational. In the event that fuel sales cease the retail and food outlet shall also close and not re-open until such time as fuel sales resume. Reason: In the interests of sustainable development and to protect the vitality and viability of nearby town, district and neighbourhood centres as this rural location is not considered to be an appropriate location for retail development and to accord with policies S3 and D13 of the Sedgemoor District Core Strategy and policies S3 and D19 of the emerging Sedgemoor Local Plan.
33
No water shall be discharged onto the highway from the site. Reason: In the interests of Highway Safety in accordance with Policies D14 and D15 of the emerging Local Plan.
34
The areas allocated for parking and turning on the submitted plan shall be kept clear of obstruction at all times and shall not be used other than for parking and turning of vehicles in connection with the development hereby permitted. Reason: In the interests of Highway Safety in accordance with Policies D14 and D15 of the emerging Local Plan.
35
All the recommendations of the Approved Travel Plan shall be implemented in accordance with the timetable therein. Thereafter the development shall operate the Approved Travel Plan or any variation of the Travel Plan agreed in writing by the Local Planning Authority. Reason: In the interests of Highway Safety and sustainable travel in accordance with Policies D14 and D15 of the emerging Local Plan.

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