Agenda item

NEWTON ABBOT - 19/01005/FUL - Pascoe And Gill Garage , 128 Ashburton Road - Construction of convenience store and associated parking areas

Decision:

It was proposed by Councillor Bullivant and seconded by Councillor Parker and

 

Proposed

 

Permission be granted subject to the following conditions:

1. 3 year time limit condition

2. Compliance with the approved plans/documents

3. Prior to commencement of development details of fuel tanks and decommissioning methodology to remediate the land be submitted to and approved in writing by the Local Planning Authority (Agreed 18th November 2019)

4. Prior to the commencement of development, a Construction Environmental

Management Plan (CEMP) will have been submitted to and approved in writing by the Local Planning Authority. (Agreed 1st November 2019)

5. Any plant (including ventilation, refrigeration and air conditioning units) or ducting system permission shall be so installed prior to the first use of the premises and be so retained and operated that the noise generated at the boundary of the nearest neighbouring property shall not exceed 5db below the background noise level at the time of operation. Details of the scheme to demonstrate the above shall accord with the noise survey method British Standard: BS 4142:2014 and shall be submitted to and approved in writing by, the Local Planning Authority prior to the commencement of development (agreed 1st November 2019)

6. No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system has been submitted to, and approved in writing by, the Local Planning Authority (Agreed 20th December 2019)

7. No part of the development hereby permitted shall be commenced until the full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system have been submitted to, and approved in writing by, the Local Planning Authority (Agreed 20th December 2019)

8. The site as a whole shall be considered as a sui generis / mixed use site.

Notwithstanding the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) (England) Order 2015, or any Orders revoking or re-enacting these Orders, the use of the new building, hereby permitted, shall be limited to use class A1 (shops) for the sale of convenience goods only and the sales area shall be limited to the floor space as shown on drawing number 19837/202c (204.2 sq m).

9. No development shall take place above damp proof course level until samples of the materials to be used in all external surfaces of the building have first been submitted to and approved in writing by the Local Planning Authority.

10. No development shall take place above damp proof course level until such time as a detailed external lighting scheme for the development (including lighting to the store and within the car park and servicing areas), together with a timetable for its provision, has first been submitted to and approved in writing by the Local Planning Authority.

11. No deliveries shall be taken or dispatched from the site except between the hours of 8.00 am and 7.00 pm, other than those delivering newspapers.

12. The convenience store, hereby permitted, shall not be brought into use until such time as a delivery management plan (which shall include, but not be limited to, details of the means of ensuring vehicle engines are not left running at the time of deliveries and that vehicle reversing alarms are turned off).

13. The uses at the site shall only be open between the hours of:

a) Convenience store: 7.00 am and 11.00pm on any given day.

b) Car valeting: Monday to Friday: 9am and 5pm, Saturday 9am and 4pm, and Sunday and bank holidays 9am and 4pm.

c) Car servicing garage: Monday to Friday 8am and 5pm, Saturday 8am and 4pm and not at all on Sundays and Bank Holidays

14. The site access and parking arrangements shall be constructed, laid out and maintained thereafter in accordance with the details on drawing number

19837/203H

15. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for an investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.

16. Prior to first use of the new building hereby approved the cycle stands shall be provided and available use and shall be retained thereafter.

(17 in favour, 0 against, and 1 abstention)

Minutes:

The Committee considered the reports of the Business Manager – Strategic

Place Development Management together with comments of public speakers, additional information reported by the officers and information detailed in the late representations updates document previously circulated.

 

In response to a question from the Committee the Business Manager advised that the CIL calculation in the report was correct but would be confirmed before any liability notice was issued,

 

It was considered that the proposal would benefit the community because of the lack of facilities among the recently developed housing.

 

It was proposed by Councillor Bullivant and seconded by Councillor Parker and

 

Proposed

 

Permission be granted subject to the following conditions:

1. 3 year time limit condition

2. Compliance with the approved plans/documents

3. Prior to commencement of development details of fuel tanks and decommissioning methodology to remediate the land be submitted to and approved in writing by the Local Planning Authority (Agreed 18th November 2019)

4. Prior to the commencement of development, a Construction Environmental

Management Plan (CEMP) will have been submitted to and approved in writing by the Local Planning Authority. (Agreed 1st November 2019)

5. Any plant (including ventilation, refrigeration and air conditioning units) or ducting system permission shall be so installed prior to the first use of the premises and be so retained and operated that the noise generated at the boundary of the nearest neighbouring property shall not exceed 5db below the background noise level at the time of operation. Details of the scheme to demonstrate the above shall accord with the noise survey method British Standard: BS 4142:2014 and shall be submitted to and approved in writing by, the Local Planning Authority prior to the commencement of development (agreed 1st November 2019)

6. No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system has been submitted to, and approved in writing by, the Local Planning Authority (Agreed 20th December 2019)

7. No part of the development hereby permitted shall be commenced until the full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system have been submitted to, and approved in writing by, the Local Planning Authority (Agreed 20th December 2019)

8. The site as a whole shall be considered as a sui generis / mixed use site.

Notwithstanding the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) (England) Order 2015, or any Orders revoking or re-enacting these Orders, the use of the new building, hereby permitted, shall be limited to use class A1 (shops) for the sale of convenience goods only and the sales area shall be limited to the floor space as shown on drawing number 19837/202c (204.2 sq m).

9. No development shall take place above damp proof course level until samples of the materials to be used in all external surfaces of the building have first been submitted to and approved in writing by the Local Planning Authority.

10. No development shall take place above damp proof course level until such time as a detailed external lighting scheme for the development (including lighting to the store and within the car park and servicing areas), together with a timetable for its provision, has first been submitted to and approved in writing by the Local Planning Authority.

11. No deliveries shall be taken or dispatched from the site except between the hours of 8.00 am and 7.00 pm, other than those delivering newspapers.

12. The convenience store, hereby permitted, shall not be brought into use until such time as a delivery management plan (which shall include, but not be limited to, details of the means of ensuring vehicle engines are not left running at the time of deliveries and that vehicle reversing alarms are turned off).

13. The uses at the site shall only be open between the hours of:

a) Convenience store: 7.00 am and 11.00pm on any given day.

b) Car valeting: Monday to Friday: 9am and 5pm, Saturday 9am and 4pm, and Sunday and bank holidays 9am and 4pm.

c) Car servicing garage: Monday to Friday 8am and 5pm, Saturday 8am and 4pm and not at all on Sundays and Bank Holidays

14. The site access and parking arrangements shall be constructed, laid out and maintained thereafter in accordance with the details on drawing number

19837/203H

15. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for an investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.

16. Prior to first use of the new building hereby approved the cycle stands shall be provided and available use and shall be retained thereafter.

(17 in favour, 0 against, and 1 abstention)

 

 

Supporting documents: