| Conditions / Reason for Refusal: |
SUMMARY OF REASONS FOR DECISION
The application has been considered within the context of saved policies BE1, H2 and M16 [28/09/07] of the Mansfield District Local Plan, and would appear to satisfy the criteria contained there-in. In the opinion of the Local Planning Authority there are no other material planning considerations to be taken into account that would warrant a decision at variance with the above.
(1) Application for approval of reserved matters must be made not later than three years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the final approval of reserved matters, or in the case of approval of reserved matters on different dates, the final approval of the last such matter to be approved.
(1) Reason: In accordance with Section 92(2) of the Town and Country Planning Act 1990, as amended by S51(2) of the Planning and Compulsory Purchase Act 2004.
(1) Note to Applicant
The developer's attention is drawn to the enclosed note relating to the requirements of the Chronically Sick and Disabled Persons Act 1970, the provisions of the Disabled Persons Act 1981 and the Disability Discrimination Act, 1995.
(2) Note to Applicant
The proposed development lies within an area which could be subject to current
Coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:
Collapse of shallow coal mine workings.
Collapse of, or risk of entry into, mine entries (shafts and adits)
Gas emissions from coal mines including methane and carbon dioxide.
Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide.
Transmission of gases into adjacent properties from underground sources through ground fractures.
Coal mining subsidence.
Water emissions from coal mine workings.
Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required.
Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.
Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate
measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathway for water or gas.
In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.
Ant intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries(shafts and adits) require the prior written permission of the Coal authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.
Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated.
The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authoritys Property Search Service on
0845 762 6848 or at www.groundstability.com
(2) This permission is an outline permission granted in accordance with Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995 and before the commencement of any works the following matters (hereinafter referred to as the reserved matters) shall be submitted to and approved in writing by the Local Planning Authority:
Appearance
Landscaping.
(2) Reason: The application is in outline only and the reserved matters referred to in the foregoing condition will require further consideration.
(3) This permission shall be read in accordance with the following plans:
Park Hall 2, Mansfield Woodhouse. Received 16/09/08
Proposed Plans Option 1. Drg. No. R6701. Received 16/09/08.
The development shall thereafter be undertaken in accordance with these plans unless otherwise agreed in writing by the Local Planning Authority.
(3) Reason: To define the permission, for the avoidance of doubt.
(3) Note to Applicant
All works within the public highway to install a vehicle access crossing must be undertaken in accordance by Mansfield District Council acting as partners with Nottinghamshire County Council. It is not permitted for applicants or contractors to either undertake the work themselves or to employ their own contractors.
(4) No trees on the site at the date of this permission shall be felled, topped, lopped, uprooted or destroyed, within five years of the date of this permission without the prior written approval of the Local Planning Authority. Any such trees, which in the opinion of the Local Planning Authority, become diseased or are removed without such approval shall be replaced with tree of such size and species as may be agreed with the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998.
(4) Reason: To ensure the satisfactory overall appearance of the completed development is in accordance with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan and to help assimilate the new development into its surroundings.
(5) No development shall commence until a plan indicating the positions, design, materials and type of walls, fences and other means of enclosure to be erected within and along the boundaries of the site have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details before the buildings are occupied.
(5) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Saved Policy H2 (28/09/07) of the adopted Mansfield District Local Plan.
(6) The hours of work during construction and the delivery of materials on to the site shall be restricted to 08.00-18.00 hours Monday-Friday, 08.00-13.00 hours Saturdays and no working shall take place on Sundays and Bank Holidays.
(6) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Saved Policy H2 (28/09/07) of the adopted Mansfield District Local Plan.
(7) No development shall take place until the method of working during the construction phase, in the form of an environmental management plan, to include control of noise, vibration and dust emission has been submitted to and approved in writing by the Local Planning Authority. All subsequent construction shall be undertaken in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.
(7) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Saved Policy H2 (28/09/07) of the adopted Mansfield District Local Plan
(8) Building operations shall not be commenced until details of the existing and proposed ground levels and proposed finished floor levels of the building(s) have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details.
(8) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Saved Policy H2 (28/09/07) of the adopted Mansfield District Local Plan
(9) Prior to the development first being brought into use, the access drive and any turning space shall be surfaced in tarmacadam, concrete or other hard bound material (not aggregate) for a distance of 5.5metres behind the highway boundary and shall be maintained in perpetuity.
(9) Reason: In the interests of highway safety and to ensure the development complies with Saved Policy M16 (28/09/07) of the adopted Mansfield District Local Plan.
(10) Building operations shall not be commenced until details of the surface water and sewage disposal proposals serving the site have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details.
(10) Reason: In the interests of highway safety and to ensure the development complies with Saved Policy M16 (28/09/07) of the adopted Mansfield District Local Plan.
(11) Prior to the first occupation of the dwellings a wheeled bin collection point shall be provided on site in accordance with details to be submitted to and approved in writing by the Local Planning Authority.
(11) Reason: In the interests of highway safety and to ensure the development complies with Saved Policy M16 (28/09/07) of the adopted Mansfield District Local Plan.
(12) Prior to the commencement of works on the site, details of a wheel washing facility for construction traffic shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details during construction work.
(12) Reason: In the interests of highway safety and to ensure the development complies with Saved Policy M16 (28/09/07) of the adopted Mansfield District Local Plan.
(13) No development shall commence until details of the proposed external facing materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details.
(13) Reason: In the interests of visual amenity and to accord with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan.
(14) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995(as amended)(or any other revoking and re-enacting that order) no development relating to Classes A & E of Part 1 of Schedule 2 (erection of extensions and other buildings) shall be erected without the prior consent in writing of the Local Planning Authority.
(14) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Saved Policy H2 (28/09/07) of the adopted Mansfield District Local Plan.
(15) No development shall commence until details of a management plan in respect of the ongoing maintenance of all communal areas has been submitted to and approved in writing by the Local Planning Authority.
(15) Reason: To ensure that the development meets the required standards.
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