Application Details

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Application Number: 42/20/00031
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09/11/2020

12/10/2021

13/10/2021

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Full Planning Permission

Adjacent To A38 And North Of Dunball Roundabout, Puriton, Bridgwater, Somerset, TA6

Variations of Condition 28 of Planning Permission 42/18/00014 (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)) to vary the drive thru and delivery.

Adrian Noon

09/11/2020

EG Group Limited

C/O Agen

Euro Garages

Euro Garages Haslingden Road Guide Blackburn BB1 2FA

Walsingham Planning, Brandon House

Brandon House King Street Knutsford WA16 6DX

27/09/2021

12/10/2021

Committee

Granted Permission

13/10/2021

Conditions and Reasons

Number

Condition

Complied Date

The following conditions shall apply to parts of the proposal for which FULL planning permission is hereby granted. 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.

The oil and petrol separators shall be installed and maintained in accordance with the specifications of the Revised Saldanah Design & Management Drainage Strategy Report revision 3 15.9.2020 (also marked_4 dated 16/09/202) including drawing numbers 42487 - 001-B, 006-A, 007-A, 013-A, 015-A, 020-B, 021-B and 022-B. Reasons: To safeguard the environment in accordance with Policy D24 of the Sedgemoor Local Plan 2011-2032.

No part of the development hereby approved shall be occupied until such time as the access from the A38 has been constructed generally in accordance with details shown on drawing number DTP/3701717/SK101 Revision C. The A39 access 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 within 6 months of occupation of any part of the development. Once constructed the accesses shall be maintained thereafter in that condition at all times. Reason: In the interests of highways safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.

At the proposed access from the A38 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 provided prior to the first use of the development hereby permitted and shall thereafter be maintained at all times. Reason: In the interests of highways safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.

The highway works shall be carried out in accordance with S278 drawings (ref: Inspire design & Development - HW 001, 002, 003, 004, 005, 006, 007 and 008) submitted to the local planning authority and approved through the discharge of condition 15 of application 42/18/00014. Reason: In the interests of highways safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.

Cycle/pedestrian footpaths been constructed in accordance with the S278 drawings (ref: Inspire design & Development - HW 001, 002, 003, 004, 005, 006, 007 and 008) submitted to the local planning authority on 08 May 2020 and approved through the discharge of condition 19 of application 42/18/00014 prior to the first use of the development hereby approved and 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 Sedgemoor Local Plan 2011-2032.

The areas allocated for parking and turning on the submitted plans 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 policy D14 of the Sedgemoor Local Plan 2011-2032.

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 as set out on S278 drawings (ref: Inspire design & Development - HW 001, 002, 003, 004, 005, 006, 007 and 008) shall be fully implemented 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 policy D14 of the Sedgemoor Local Plan 2011-2032.

Prior to first use of the development hereby permitted, access to electric vehicle charging points will be provided in accordance with the details shown on drawing number 17.159 009 A submitted to and agreed by the local planning authority through the discharge of condition 31 of the original permission 42/158/0014. Reason: In the interests of climate change and highway safety in accordance with policies S5, D13 and D14 of the Sedgemoor Local Plan 2011-2032.

All the recommendations of the Travel Plan Framework agreed through the approval of the original application 42/18/00014 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 sustainable travel in accordance with policy D13 of the Sedgemoor Local Plan 2011-2032.

The surface water drainage scheme shall be implemented, managed and maintained in accordance with the recommendations of Revised Saldanah Design & Management Drainage Strategy Report revision 3 15.9.2020 (also marked_4 dated 16/09/202) including drawing numbers 42487 - 001-B, 006-A, 007-A, 013-A, 015-A, 020-B, 021-B and 022-B 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 in accordance with policies D1 of the Sedgemoor Local Plan 2011-2032.

The development shall be carried out strictly in accordance with the approved Construction Management Plan version 2(3) and updated plan 20023004 Rev C agreed through the discharge of condition of the original permission 42/18/00014. Reason: In the interests of Highway Safety and residential amenity and to comply with policies D15 and D25 of the Sedgemoor Local Plan 2011-2032.

The petrol station and Drive Thrus shall not be brought into use until such time as 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: Work experience/ apprenticeship opportunities; The proportion of local procurement and sourcing; On-going skills development and training opportunities; The steps that will be taken to ensure that the above is implemented; 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: To promote opportunities for the local work force in accordance with policy D15 of the Sedgemoor Local Plan 2011-2032.

The development shall be carried out in accordance with landscape plan drwg 3890.04 Rev B. The planting shall be implemented in the first planting season following the completion of the relevant phase of development and maintained thereafter for 5 years. Any plant which fails shall be replaced to the satisfaction of the local planning authority. Reason: In the interests of the visual amenities of the area in accordance with Policies D2, D19, D20, D21, D22, D23 and D25 of the adopted Sedgemoor Local Plan 2011-2032.

The development hereby permitted shall be carried out in accordance with the approved archaeological Written Scheme of Investigation by RPS, ref JAC26172 submitted to the local planning authority and approved through the discharge of condition 16 of application 42/18/00014. Reason To safeguard the archaeological potential of the site in accordance with policy D26 of the Sedgemoor Local Plan 2011-2032.

All external lighting with the development hereby approved shall be carried out in accordance with the recommendations of external lighting report from Rachel Hacking Ecology and external lighting design (ref: Express Electrical Large V1.1, Light Spill V1.1 and Express Dunball V1.1). 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 Sedgemoor Local Plan 2011-2032.

The Landscape and Ecological Management Plan (LEMP) by Rachel Hacking Ecology dated 7th May 2020 submitted to the local planning authority and approved through the discharge of condition 22 of application 42/18/00014 shall be implemented in accordance with the approved details. Reason: In the interests of protected species and biodiversity in accordance with policy D20 of the Sedgemoor Local Plan 2011-2032

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 Sedgemoor Local Plan 2011-2032.

The sound emission level from all items of fixed building services plant, 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 D25 and D24 of the Sedgemoor Local Plan 2011-2032.

Prior to the first use of the development hereby approved boundary fencing along the North and North Eastern boundaries shall be provided in accordance with the details shown on drwg 3890.04 Rev B as approved by Local Planning Authority through the discharge of condition 33 of the original permission 42/18/00014. The fencing shall be retained and maintained thereafter. Reason: To protect the amenity and security of local residents and the Scheduled Monument in accordance with policies D25 and D26 of the Sedgemoor Local Plan 2011-2032.

Noise mitigation measures as detailed in the Noise Impact Assessment submitted by Bureau Veritas Ltd Ref 6473412/04 in support of the original application 42/18/00014, should be implemented as follows:- Noise from floor mounted air conditioning/refrigeration condensers shall 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) shall 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 is to be provided along the northern and north eastern site boundary. Reason: Reason: To safeguard local residents from noise and disturbance in accordance with policies D24 and D25 of the Sedgemoor Local Plan 2011-2032.

The drive thru's hereby approved, including the drive thru within the petrol filling station, shall not be open to the public and no deliveries to them shall be taken outside the hours of 06:00 to 22:00. Reason: To safeguard local residents from noise and disturbance in accordance with policies D24 and D25 of the Sedgemoor Local Plan 201-2032.

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 and all work shall cease until such time as an investigation and risk assessment is undertaken and where remediation is necessary a remediation scheme agreed 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 Sedgemoor Local Plan 2011-2032.

The following conditions shall apply to parts of the proposal for which OUTLINE planning permission is hereby granted. Approval of the details of the appearance, landscaping, layout and scale (hereinafter called "the reserved matters") for the outline element of the 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 14 November 2019/11/19, the date of the approval of the original permission 42/18/00014. Thereafter 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: 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).

The outline element of the application 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.

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 D26 of the Sedgemoor Local Plan 2011-2032.

11/02/2022

All reserved matters applications shall be supported by supplementary ecological surveys to be undertaken to inform the preparation and implementation of the ecological measures required through other conditions of this permission. Reason: In the interest of protected and priority species and biodiversity in accordance with Policies D20 and D21 of the adopted Sedgemoor Local Plan.

No part of the development hereby approved in outline shall be occupied until such time as both accesses (from the A38 and the A39) have been constructed generally in accordance with details shown on drawing number DTP/3701717/SK101 Revision C and are available for use. Thereafter both accesses shall be maintained for users of the development at all times. Reason: In the interests of highways safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.

The highway works shall be carried out in accordance with S278 drawings (ref: Inspire design & Development - HW 001, 002, 003, 004, 005, 006, 007 and 008) submitted to the local planning authority on 08 May 2020 and approved through the discharge of condition 15 of application 42/18/00014. Reason: In the interests of highways safety in accordance with policy D14 of the Sedgemoor Local Plan 2011-2032.

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 Sedgemoor Local Plan 2011-2032.

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.

08/11/2022

The 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 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.

Prior to any construction works commencing on site in relation to the employment uses hereby approved in outline 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: The proportion of construction workers to be sourced from the local labour pool, Work experience/ apprenticeship opportunities; The proportion of local procurement and sourcing; On-going skills development and training opportunities; The steps that will be taken to ensure that the above is implemented; 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: To promote opportunities for the local work force In accordance with policy D15 of the Sedgemoor Local Plan.

08/11/2022

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 accordance with policy D24 of the Sedgemoor Local Plan 2011-2032. This matter is pre-commencement to ensure air quality considerations are factored in at the earliest opportunity.

20/01/2023

Prior to occupation of any part of the outline development hereby approved, 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 Sedgemoor Local Plan 2011-2032.

08/11/2022

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 in accordance with policy D20 of the Sedgemoor Local Plan 2011-2032.

08/11/2022

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 Sedgemoor Local Plan 2011-2032.

The sound emission level from all items of fixed building services plant 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 Sedgemoor Local Plan 2011-2032.

Prior to the first use of the development hereby approved boundary fencing along the North and North Eastern boundaries shall be provided (acoustic fencing if required), in accordance with details that have been submitted to and approved by the Local Planning Authority. The fencing shall be retained and maintained thereafter. Reason: To protect the amenity and security of local residents and the Scheduled Monument in accordance with policies D25 and D26 of the Sedgemoor Local Plan 2011-2032.

Noise mitigation measures as detailed in the Noise Impact Assessment submitted by Bureau Veritas Ltd Ref 6473412/04 in support of the original application 42/18/00014, should be implemented as follows:- Noise from floor mounted air conditioning/refrigeration condensers shall 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) shall 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 is to be provided along the northern and north eastern site boundary. Reason: To safeguard local residents from noise and disturbance in accordance with policies D2, D24 and D25 of the Sedgemoor Local Plan 2011-2032.

No operations associated with the employment uses and any trade counter use, the subject of the outline part of this permission, including deliveries, shall take place outside the hours of 06:00 to 22:00 on Mondays to Fridays, 08:00 to 18:00 on Saturdays and at no time on Sundays and Bank Holidays. Reason: Reason: To safeguard local residents from noise and disturbance in accordance with policies D2, D24 and D25 of the Sedgemoor Local Plan 201-2032.

The development hereby approved shall not be brought into use until a surface water drainage scheme has been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. Such scheme shall include measures to prevent the run-off of surface water onto the highway and once approved the scheme shall be implemented in accordance with the approved details and maintained at all times thereafter unless agreed otherwise in writing by the local planning authority. Reason: To ensure the development is properly drained in accordance with policy D1 of the Sedgemoor Local Plan 2011-2032.

01/11/2023

The reserved matters application(s) shall be supported by a sustainability statement to confirm how all the potential measures and provision of renewables has been incorporated into the development scheme. Once approved the development shall be carried out in accordance with this statement. Reason: In the interests of sustainable development in accordance with Policies S5 and D3 of the Sedgemoor Local Plan 2011-2032.

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