Application Details

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  • Application Number: 37/18/00108
  • Parish/Town Council:

Application Progress:

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Application Registered:
Comments Welcome By:
01/03/2019
Application Decided:
19/03/2019

Subscription Request Sent :

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Type:
Full Planning Permission
Location:
Wilstock Gardens, Rhode Lane, Bridgwater, Somerset, TA6 6AA
Proposal:
Erection of a building to provide a ground floor nursery and a first floor flat. Creation of play area and widening of existing vehicular access onto Rhode Lane (revised scheme).
Case Officer:
Dawn de Vries
Registered Date:
06/02/2019
Applicant:
Live Naturally CIC
Applicant Address:
Wilstock Gardens Rhode Lane Bridgwater TA6 6AA
Consultation Start Date:
07/02/2019
Earliest Decision Date:
01/03/2019
Committee Date:
19/03/2019
Decision Level:
Committee
Decision:
Granted Permission
Decision Date:
19/03/2019

Conditions and Reasons

Number
Condition
Complied Date
1
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 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
The development 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.
3
Details of the roofing materials and of the materials/colour to be used in the construction of the external walls shall be approved in writing by the local planning authority before any work is commenced on the proposed building. Reason: In the interests of visual amenity and in accordance with Policy D2 of the Local Plan.
23/05/2019
4
The use of the Nursery shall be limited to 08.00-18.00 on Mondays to Fridays. Reason: To safeguard local residents from noise and disturbance during unsocial hours in accordance with Policies D2 and D25 of the Local Plan.
5
The courses operating from this site shall be limited to 10.00-20.00 on Saturdays, or week days within school holiday periods only. Reason: To safeguard local residents from noise and disturbance during unsocial hours in accordance with Policies D2 and D25 of the Local Plan.
6
A foul and surface water drainage strategy for the site shall be implemented prior to the first use of the building hereby approved. Reason: In the interests of reducing localised flooding issues and to ensure that the development is served by an appropriate drainage system in accordance with Policy D1 of the Local Plan.
07/02/2022
7
Works to buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of the building for active birds' nests immediately before work commences 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 prior to commencement of works. Reason: In the interest of nesting wild birds in accordance with Policy D20 of the Local Plan.
8
Prior to the commencement of works on the building hereby approved, a "lighting design for bats" shall be submitted to and approved in writing by the local planning authority. The design shall show how and where external lighting will be installed (including through the provision of technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory or having access to their resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the design prior to the first use of the building, and these shall be maintained thereafter in accordance with the design. Reason: in the interests of the Favourable Conservation Status of populations of European protected species in accordance with Policy D20 of the Local Plan and advice within the NPPF.
24/05/2019
9
The site of the proposed development may be contaminated. Therefore unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation 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: o human health, o property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, o adjoining land, o groundwaters and surface waters, o ecological systems, o 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
25/03/2021
10
No demolition, or construction work involving noisy activities (such as the use of power tools/hammering) or deliveries to and from the site shall take place outside the hours of 07:00 to 18:00 Mondays to Fridays, 08:00 to 13:00 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 Sundays and Bank Holidays. Reason: To protect the amenity of local residents from potential impacts whilst site clearance, groundworks and construction is underway
11
The improved access arrangement, parking spaces and turning head shall be provided in accordance with the approved plan (PHP064/010 002 Revision G) prior to the first use of the building hereby approved. This area shall be properly consolidated and surfaced before the use commences and shall not be used for any other purpose. Reason: To ensure that there is adequate space within the site for the parking of vehicles and in the interests of highway safety in accordance with Policies D13 and D14 of the Local Plan.
18/05/2021
12
Prior to the first use of the access shown on Site Plan 002 Rev G the details of the closure of the existing access to the south west shall be submitted to and approved in writing. The existing access shall then be permanently closed off in accordance with the agreed details and retained as such thereafter. Reason: In the interests of Highway Safety in accordance with Policies D13 and D14 of the Local Plan.
20/12/2021

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Please note: Documents held in our archival system may not meet current accessibility requirements. Many of these documents are exempt from these requirements. See Accessible documents at Somerset Council for further information.

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