Application Details

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  • Application Number: 42/18/00014
  • Parish/Town Council:

Application Progress:

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Application Registered:
Comments Welcome By:
24/01/2019
Application Decided:
14/11/2019

Subscription Request Sent :

Error :

Type:
Full Planning Permission
Location:
Adjacent To A38 And North Of Dunball Roundabout, Puriton, Bridgwater, TA6
Proposal:
Hybrid application (full and outline) seeking; (a) full planning permission for the erection of a petrol filling station (PFS) with an ancillary A1 / A5 use and 2no. drive thru units with associated car parking, circulatory routes, landscaping, access (including internal roads), servicing and other associated works and; (b) outline application with some matters reserved for Use Classes B1, B2, B8 and trade counter (Sui Generis)
Case Officer:
Stuart Houlet
Registered Date:
13/06/2018
Applicant:
Monte Blackburn Limited
Applicant Address:
C/O Agen
Agent:
Walsingham Planning, Brandon House
Agent Address:
Brandon House King Street Knutsford WA16 6DX
Consultation Start Date:
02/01/2019
Earliest Decision Date:
24/01/2019
Committee Date:
12/11/2019
Decision Level:
Committee
Decision:
Granted Permission
Decision Date:
14/11/2019

Conditions and Reasons

Number
Condition
Complied Date
1
The petrol filling station, drive thru units and formation of accesses and ancillary roads 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
Approval of the details of the access, appearance, landscaping, layout and scale (hereinafter called "the reserved matters") for Use Classes B1, B2,B8 and Trade Counter 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 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 three years from the date of this permission. The Use Classes B1, B2 and B8 and Trade Counter 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 and drive thru units 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) 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 shall be carried out and details submitted and approved by the Local Planning Authority in consultation 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: This condition is pre commencement in the interests of Highway Safety in accordance with Policies D13 and D14 of the adopted Sedgemoor Local Plan.
23/09/2020
5
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: To safeguard the environment in accordance with Policy D24 of the adopted Sedgemoor Local Plan. This condition is pre commencement in the interests of protection of controlled waters.
23/09/2020
6
Pre commencement (outline) Prior to the submission of any subsequent Reserved Matters application(s), the applicant shall submit to the Local Planning Authority for approval in writing a Parameters Plan and relevant design principles including the detailing of the maximum height and scale of any buildings for which the approval of Reserved Matters shall be sought. Reserved matters will be submitted in accordance with the Parameters Plan. Reason: In the interest of avoiding harm to the setting of the adjacent scheduled ancient monument in accordance with Policy D25 of the adopted Sedgemoor Local Plan.
7
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 Conditions 15 (landscaping), 19 (lighting design for bats), 11 (LEMP) and 32 (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. The development shall be carried out in accordance with the details approved. Reason: In the interest of protected and priority species and biodiversity generally in accordance with Policies D20 and D21 of the adopted Sedgemoor Local Plan.
8
Pre commencement both full and outline The proposed accesses shall be constructed generally in accordance with details shown on the submitted plan, drawing number DTP/3701717/SK101 Revision C and shall be available for use before commencement of the development. Once constructed the access shall be maintained thereafter in that condition at all times. Reason: In the interests of highways safety in accordance with Policies D13 and D14 of the adopted Sedgemoor Local Plan. A pre-commencement condition is required in the interests of highways safety during construction.
9
No development shall commence until surface water drainage works have been implemented in accordance with details that have first been 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; Prevent discharge of water onto the highway; Provide for the management of water quality; 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: To ensure there is not an unacceptable risk of flooding and that the aquatic environment is not polluted. This condition is pre commencement in the interests of securing an appropriate surface water drainage strategy for the entirety of the site and specific drainage proposals for the phases of development. It is in accordance with Policies D1, D13 and D14 of the adopted Sedgemoor Local Plan and advice contained within the NPPF.
23/09/2020
10
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 including details of low noise techniques for any use of piling 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 residential amenity and to comply with Policies D15 and D25 of the Sedgemoor Local Plan. The matter is required to be pre-commencement as it relates to the construction phase of development
23/09/2020
11
Prior to the operational phase of the PFS/ Drive Thru full development and prior to any construction works commencing on site in relation to the B1/ B2/ B8/ Trade Counter outline development, 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 D15 of the Sedgemoor 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
Notwithstanding the landscape plans submitted, prior to the commencement of the development on the full application and on any phase of the outline application, a landscape plan addressing biodiversity net gains 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 development shall be carried out in accordance with the landscape plans approved. 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 Policies D2, D19, D20, D21, D22, D23 andD25 of the adopted Sedgemoor Local Plan and advice contained within the NPPF.
23/09/2020
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 D24 of the adopted Sedgemoor Local Plan. This matter is pre-commencement to ensure air quality considerations are factored in at the earliest opportunity.
23/09/2020
14
At the proposed access there shall be no obstruction to visibility greater than 600 millimetres above adjoining road level within the visibility splays shown on the submitted plan, drawing number DTP/3701717/SK102 Revision C. Such visibility splays shall be constructed prior to the commencement of the development hereby permitted and shall thereafter be maintained at all times. Reason: In the interests of highways safety in accordance with Policies D13 and D14 of the adopted Sedgemoor Local Plan. The matter needs to be pre-commencement in order to ensure adequate visibility is available from the outset of the development.
15
The proposed highway works shall be designed in such a manner as to ensure that the design caters for the movement of abnormal loads. For this purpose, detailed plans depicting the design, layout, levels & gradients shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The development shall be carried out in accordance with the details approved. Reason: In the interests of highways safety in accordance with Policies D13 and D14 of the adopted Sedgemoor Local Plan. This matter needs to be pre-commencement to ensure the design of the highway works makes provision for abnormal loads from the outset.
23/09/2020
16
Before the commencement of the development hereby permitted the applicant, or their agents or successors in title, shall have secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation (WSI) which has been submitted and approved in writing by the Planning Authority. The WSI shall include details of the archaeological excavation, the recording of the heritage asset, the analysis of evidence recovered from the site and publication of the results. The development hereby permitted shall be carried out in accordance with the approved scheme. Reason A pre-commencement condition is necessary to safeguard the archaeological potential of the site in accordance with policy D26 of the Sedgemoor Local Plan 2011-2032.
23/09/2020
17
Other Trigger Prior to the first use of any part of the development hereby permitted, a right turn lane and associated highways works shall have been constructed (as shown generally in accordance with drawing number DTP/3701717/SK101 Revision C to be provided along the A39) in accordance with details which shall first have been submitted to and approved in writing by the Local Planning Authority. The approved works shall subsequently be retained and maintained. Reason: In the interests of highways safety in accordance with Policies D13 and D14 of the adopted Sedgemoor Local Plan.
23/09/2020
18
Prior to the first use of any part of the development hereby permitted, a programme showing the phasing of the development and highway works to ensure each element is appropriately served 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: In the interests of proper planning and Highway Safety and in accordance with Policies D2, D13 and D14 of the adopted Sedgemoor Local Plan.
23/09/2020
19
Prior to the first use of any part of the development hereby permitted, cycle/pedestrian footpaths shall have been constructed in accordance with details which shall first have been submitted to and approved in writing by the Local Planning Authority. The approved works shall subsequently be retained and maintained. Reason: In the interests of the accessibility of the site and Highway Safety in accordance with Policies D13 and D14 of the adopted Sedgemoor Local Plan.
23/09/2020
20
Prior to occupation of any part of the site, a "lighting design for bats shall be submitted to and approved in writing by the local planning authority. The strategy shall how and where external lighting will be installed (through the provision 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. 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. In accordance with Policy D20 of the adopted Sedgemoor Local Plan
23/09/2020
21
No removal of hedgerows, trees or shrubs 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 interests of nesting wild birds and in accordance with Policy D20 of the adopted Sedgemoor Local Plan
09/02/2021
22
A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to occupation of the 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.
23/09/2020
23
Any vegetation within the construction area should be initially hand-strimmed down to a height of 10cm above ground level in the period between April and October only under the supervision of a suitably qualified ecologist. Additionally, any brash piles or cuttings should be removed from the site in phases; beginning from the centre of the field moving slowly outwards to give any protected species present within the grassland areas time to disperse away from the clearance team and to avoid being isolated from ecological corridors that will provide a means of escape. Clearance can occur at a maximum rate of 2ha per day, immediately followed by a 48 hour dispersal period which will occur during warm suitable weather (limited rain and wind, with temperatures of 10°C or above) to encourage any protected species that may be present in the vegetation to disperse to the surrounding habitats. After the 48 hour dispersal period, a further 2ha will then be cleared. This process will then be repeated until the site clearance is completed. A letter confirming the clearance, or each phase of clearance, will be submitted to the local planning authority by a suitably qualified ecologist. Reason: In the interests of UK protected and s41 priority species and in accordance with Policy D20 of the adopted Sedgemoor Local Plan
09/02/2021
24
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 Policies D19, D20, D21 and D22 of the adopted Sedgemoor Local Plan.
25
Any proposed roller door shutters on any part of the development 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 D24 of the adopted Sedgemoor Local Plan.
26
The sound emission level from all items of fixed building services plant and normal operations associated with the development, when operating concurrently at maximum design duty, is to achieve a rating level no higher than 52 dB during the day and 42 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 D24 of the adopted Sedgemoor Local Plan.
27
Noise mitigation measures as detailed in the Noise Impact Assessment submitted by Bureau Veritas Ltd Ref 6473412/04 June 4th 2018, should be implemented as follows:- Noise from floor mounted air conditioning/refrigeration condensers provided to each B1/ B2/ B8/ Trade Counter unit and PFS/drive-through unit is to be limited to a provisional sound power level of 71 dB LwA. If more than one item of cooling plant is required to each unit, the limit is applicable to the total number of items operating concurrently. Noise from roof mounted extract ventilation (including any grilles or louvres) provided to each B1/ B2/ B8/ Trade Counter unit and PFS/drive-through unit is to be limited to a provisional sound power level of 80 dB LwA. If more than one item of ventilation plant is required to each unit, the limit is applicable to the total number of items operating concurrently. Noise generated by all items of externally located plant is to be free from discreet tones or impulses. A boundary acoustic fence 2.5m high is to be provided along the northern and north eastern site boundary (see Appendix 6 of the Noise Impact Assessment for proposed extent and location). This is to be constructed from an imperforate material with a minimum mass of 12 kg/m2 and is to extend from the ground to the stated minimum height. Close boarded timber panelling would be suitable in this regard; hit-and-miss boarding would not. Consideration should be given to the re-orientation of the B1/ B2/ B8/ Trade Counter units within the proposed layout, and in particular units 8, 9 and 10. Where possible, these units should be orientated so that the rear elevation faces north, thereby shielding the dwellings beyond from noisy activities within the units breaking out from the buildings via the roller doors, and also from service yards. If high noise activities are likely within any of the proposed B2/B8 units, further consideration of the building envelope design (with respect to increasing the sound insulation performance) will be required. Reason: Reason: To safeguard local residents from noise and disturbance in accordance with Policies D2, D24 and D25 of the adopted Sedgemoor Local Plan.
28
No operations associated with drive thru's and/ or B use classes, 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 Policies D24 and D25 of the adopted Sedgemoor Local Plan.
29
The areas allocated for parking and turning on the submitted plan, drawing number 002 Rev I, shall be kept clear of obstruction 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 highways safety in accordance with Policies D13 and D14 of the adopted Sedgemoor Local Plan.
30
The access from the A39 hereby permitted shall be used for the purpose of "Entry Only" and physical measures to ensure compliance with this arrangement including, but not limited to, the erection of appropriate signs, shall be approved in writing by the Local Planning Authority. Such arrangement as approved shall be fully implemented to the written satisfaction of the LPA before the new access is brought into use and shall thereafter be maintained at all times. Reason: In the interests of highways safety in accordance with Policies D13 and D14 of the adopted Sedgemoor Local Plan.
23/09/2020
31
Prior to first use of the development hereby permitted, access to electric vehicle charging points will need to be available and to be provided within shared charge points. They shall be in accordance with a detailed scheme to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of climate change and highway safety in accordance with Policies S5, D13 and D14 of the adopted Sedgemoor Local Plan.
23/09/2020
32
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 and where remediation is necessary a remediation scheme must be prepared which is subject to the approval in writing of the Local Planning Authority. 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. In accordance with Policy D24 of the adopted Sedgemoor Local Plan.
33
Prior to the first use of the units the site should provide boundary fencing along the North and North Eastern boundaries (acoustic fencing if required), details of which shall be submitted to and approved by the Local Planning Authority prior to construction of the units. The fencing shall be carried out in accordance with the agreed details and retained and maintained thereafter. Reason: To protect the amenity and security of local residents and the Scheduled Monument in accordance with Policies D2, D25 and D26 of the adopted Sedgemoor Local Plan.
23/09/2020
34
All the recommendations of the Approved Travel Plan Framework shall be implemented in accordance with the timetable and details therein. Thereafter the development shall operate the Approved Travel Plan Framework 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 D13 and D14 of the adopted Sedgemoor Local Plan.

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