Planning application number: 19/0743
Description: Variation of condition 2 (plans compliance) in respect of design modifications attached to approval 18/0824.
Decision date: 05 December 2019
Decision type: Full Approval
Temporary expiry date:
Decision level/committee: Delegated
Conditions / reason for refusal: Time limit for commencement 1) The development permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Plans 2) The development hereby granted shall be carried out in accordance with the drawings hereby approved: i. Location plan, drawing no. 115-116B-01 Rev A received 5 October 2018 ii. Proposed site layout, floor plans and elevation units 1 & 2, drawing no. 115-116B-06 received 5 October 2018 iii. Proposed site layout, floor plans and elevation – Farmhouse (unit 3), drawing no. 115-116B-04 Rev E received 10 October 2019 Reason: To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission.

Before the development is commenced 3) The development shall not commence until visibility splays providing clear visibility as detailed in Drawing No. 115-116B-04E have been constructed. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, vehicle or object of any kind shall be erected, parked or placed and no trees, bushes or other plants shall be planted or be permitted to grown within the visibility splay which obstruct the visibility splays. The visibility splays shall be constructed before general development of the site commences so that construction traffic is safeguarded. Reason: In the interests of highway safety.

4) Prior to commencement of any development, a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions shall be submitted to and approved in writing by the Local Planning Authority. The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards and no surface water shall discharge to the public sewerage system either directly or indirectly. The development shall be completed in accordance with the approved details. Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

Pre-occupancy or other stage conditions 5) The dwellings shall not be occupied until the vehicular access and turning requirements have been constructed in accordance with the approved plan and has been brought into use. The vehicular access turning provisions shall be retained and capable of use at all times thereafter and shall not be removed or altered. Reason: In the interests of highway safety.

6) The surfacing of the access road shall extend for at least 10m inside the site, as measured from the highway boundary prior to the buildings being occupied and shall be carried out in accordance with details of construction which have been approved by the Local Planning Authority as shown on Drawing No 115-116B-04E. The access road shall be constructed in accordance with a specification approved by the Local Planning Authority. Reason: In the interests of highway safety.

7) Any existing highway fence/wall boundary shall be reduced to a height not exceeding 1.05m above the carriageway level of the adjacent highway in accordance with details submitted to the Local Planning Authority and which have subsequently been approved (before development commences) (before the development is brought into use) and shall not be raised to a height exceeding 1.05m thereafter. Reason: In the interests of highway safety.

8) Construction works shall be carried out only between 0800 – 1800 hours Mondays – Fridays; 0900 – 1300 hours on Saturdays and there shall be no activity on Sundays and Bank Holidays. Reason: To safeguard the amenity of residents living nearby.

Ongoing conditions 9) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any subsequent equivalent legislation) no development falling within Schedule 2, Part 1, Classes A, B, and D of the said Order shall be carried out. Reason: To safeguard the visual amenity of the area.

Note to Developer: 1. This decision notice grants planning permission only. It does not override any existing legal agreement, covenant or ownership arrangement. It is the applicant’s responsibility to ensure all necessary agreements are in place prior to the commencement of development.

Informatives: 1. This property is within a Conservation Area. All building works should, therefore, be completed with great care. External facing work and detailed treatment should be finished in a manner sympathetic to the existing building. If there is any doubt about the way in which work should be carried out, you should seek formal pre application advice from the planning department of Eden District Council through their pre application advice service. For further information on seeking pre application advice visit 2. Separate approval for the works hereby granted permission/consent may be required by the Building Act 1984 and the Building Regulations 2000 (as amended), and the grant of planning permission does not imply that such approval will be given. The Council’s Building Control Team should be consulted before works commence. You contact the team directly at 3. Please note that if your property is a listed building or within a conservation area then any replacement windows or doors cannot be carried out under a competent person scheme and you must notify the Council's Building Control team directly at 4. BATS and BARN OWLS - All bats and their roosts are fully protected under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) and are further protected under Regulation 41(1) of the Conservation of Habitats and Species Regulations 2010. Should any bats or evidence of bats be found prior to or during development, work must stop immediately and in the first instance contact the National Bat Helpline on 0845 1300 228. Developers/ contractors may need to take further advice from Natural England on the need for a European Protected Species Licence in order to continue the development in a lawful manner. Natural England can be contacted at, or by calling 0300 060 3900, or Natural England, Consultation Service, Hornbeam House, Crewe Business Park, Electra Way, Crewe, Cheshire, CW1 6GJ

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