| Conditions / Reason for Refusal: |
SUMMARY OF REASONS FOR DECISION
Reason for decision
In the opinion of the Local Planning Authority, the proposal, as restricted by conditions, is in accordance with the National Planning Policy Framework and Saved Policies BE3, BE4, BE5, BE6, R1 and M16 [28/09/2007] of the Adopted Mansfield District Local Plan 1998, meeting the relevant objectives and criteria. The development will not be detrimental to the architectural and historical interest of the listed building, the special character and appearance of the conservation area, the amenities of neighbouring residents, highway safety or flood risk, and there are no other material considerations that indicate that a decision should be taken at variance with the above policy or guidance.
SUMMARY OF RELEVANT POLICES
National Planning Policy Framework – requires that there is a presumption in favour of sustainable development and states that a positive strategy for the conservation and enjoyment of the historic environment should be set out.
National Planning Policy framework Technical Guidance – retains elements of PPS25 – Development & Flood Risk.
Saved Policy BE3 [28/09/07] of the adopted Mansfield District Local Plan - Seeks to ensure planning permission and listed building consent is only granted for works to listed buildings which would not adversely affect its character, architectural merit or historic interest.
Saved Policy BE4 [28/09/07] of the adopted Mansfield District Local Plan - Seeks to ensure planning permission is only granted for works which would not adversely affect the setting of a listed building.
Saved Policy BE5 [28/09/07] of the adopted Mansfield District Local Plan – Advises that planning permission will be granted for the beneficial re-use of listed buildings.
Saved Policy BE6 [28/09/07] of the adopted Mansfield District Local Plan - Seeks to ensure planning permission is only granted for works which would not adversely affect the special character of conservation areas.
Saved Policy R1 [28/09/07] of the adopted Mansfield District Local Plan – Advises planning permission will be granted for central area facilities within Mansfield Town Centre.
Saved Policy M16 [28/09/07] of the adopted Mansfield District Local Plan – Advises planning permission will be granted for new developments provided proposals meet 6 sets of criteria in respect of transport / movement issues.
Mansfield District Council Interim Planning Guidance Note 10 ‘Parking for New Developments’ – Sets out the District Council’s draft parking standards.
(1) Condition: The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
(2) Condition: This permission shall be read in accordance with the following plans/details:
Location Plan 1:1250 scale (Drawing no. 6906 P001, received 15/05/12
Block Plan 1:200 scale (Drawing no. 6906 P010D), received 15/05/12
Proposed External Elevations (Drawing no. 6906 P007D), received 15/05/12
Proposed Plans (Drawing no. 6906 P006D), received 15/05/12
Boundary Elevations (Drawing no. 6906 P008C), received 15/05/12
Existing and Proposed Sections (Drawing no. 6906 P005A), received on 15/05/12
Proposed Extension (Drawing no. 6906 P009B), received on 15/05/12
Design and Access Statement, Planning Statement and Heritage Statement, received 15/05/12
Application Forms, received 15/05/12
The development shall thereafter be undertaken in accordance with these plans/details unless otherwise agreed in writing by the Local Planning Authority.
(3) Condition: Notwithstanding the details of the application hereby approved, no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping. Such a scheme shall include as appropriate: details of proposed and existing shrubs and hedgerows including details of those to be retained and any to be removed, planting plans, written specifications including cultivation and other operations associated with plant and grass establishment, schedules of plants noting species sizes and proposed numbers/densities where appropriate and a programme of implementation. All planting, seeding or turfing indicated in the approved scheme shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner, and any plants which within a period of five years from the completion of the development die, are removed, or become in the opinion of the Local Planning Authority seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. The development thereafter shall be undertaken in accordance with the approved details.
(4) Condition: No works or development shall take place until a scheme for the protection of the retained trees (section 7, BS59837, the Tree Protection Plan) has been agreed in writing with the LPA. This scheme shall include.
a) The details and positions (shown on a plan) of the Tree Protection Barriers (section 9.2 of BS5837), identified separately where required for different phases of construction work (e.g. demolition, construction, hard landscaping). The Tree Protection Barriers must be erected prior to each construction phase commencing and remain in place, and undamaged for the duration of that phase. No works shall take place on the next phase until the Tree Protection Barriers are repositioned for that phase.
b) A schedule of tree works for all the retained trees in paragraphs (a) above, specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS3998, 1989, Recommendations for tree work.
c) The details and positions (shown on the plan at paragraph (a) above) of the Construction Exclusion Zones (section 9 of BS5837).
d) The details and positions (shown on the plan at paragraph (a) above) of the underground service runs (section11.7 of BS5837).
e) The details of any changes in levels or the position of any proposed excavations within 5 metres of the Root Protection Area (para. 5.2.2 of BS5837) of any retained tree, including those on neighbouring or nearby ground.
f) The details of any special engineering required to accommodate the protection of retained trees (section10 of BS5837), (e.g. in connection with foundations, bridging, water features, surfacing)
g) The details of the working methods to be employed for the installation of drives and paths within the RPAs of retained trees in accordance with the principles of “No-Dig” construction.
h) The details of the working methods to be employed with regard to the access for and use of heavy, large, difficult to manoeuvre plant (including cranes and their loads, dredging machinery, concrete pumps, piling rigs, etc) on site.
i) The details of the working methods to be employed with regard to site logistics and storage, including an allowance for slopes, water courses and enclosures, with particular regard to ground compaction and phytotoxicity.
j) The details of the method to be employed for the stationing, use and removal of site cabins within any RPA (para. 9.2.3 of BS5837).
k) The details of tree protection measures for the hard landscaping phase (sections 13 and 14 of BS5837).
l) The timing of the various phases of the works or development in the context of the tree protection measures.
(5) Condition: Building operations shall not be commenced until full details of the position, design and finish of the proposed railings to be erected on the boundary of the site have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details before the buildings are occupied.
(6) Condition: Notwithstanding the details of the application hereby approved, no development shall take place until full details of hard landscaping works have been submitted to and approved in writing by the Local Planning Authority. These details shall include surfacing materials for the upper car parking area and other vehicular and pedestrian access and circulation areas. The development thereafter shall be undertaken in accordance with the approved details.
(7) Condition: No part of the development hereby permitted shall be brought into use until the parking/turning/servicing areas are provided in accordance with the approved details. The parking/turning/servicing areas shall not be used for any purpose other than parking/turning/loading and unloading of vehicles.
(8) Condition: Notwithstanding the submitted details, the condenser units to be installed to the south of the building shall be located in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority.
(1) Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990, as amended by S51(1) of the Planning and Compulsory Purchase Act 2004.
(2) Reason: To define the permission, for the avoidance of doubt.
(3) Reason: In the interests of the setting of the listed building and the character and appearance of the conservation area in accordance with Saved Policies BE4 and BE6 (28/09/07) of the adopted Mansfield District Local Plan.
(4) Reason: In the interests of the setting of the listed building and the character and appearance of the conservation area in accordance with Saved Policies BE4 and BE6 (28/09/07) of the adopted Mansfield District Local Plan.
(5) Reason: In the interests of the setting of the listed building and the character and appearance of the conservation area in accordance with Saved Policies BE4 and BE6 (28/09/07) of the adopted Mansfield District Local Plan.
(6) Reason: In the interests of the setting of the listed building and the character and appearance of the conservation area in accordance with Saved Policies BE4 and BE6 (28/09/07) of the adopted Mansfield District Local Plan.
(7) Reason: To ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking in the area.
(8) Reason: In the interests of minimising flood risk and in the interests of the setting of the listed building and the character and appearance of the conservation area in accordance with Saved Policies BE4 and BE6 (28/09/07) of the adopted Mansfield District Local Plan.
(1) Note to Applicant
The upper car park area should be surfaced in a permeable material which will enable the site to drain naturally in the event of a flood.
(2) Note to Applicant
It is an offence under S148 and S151 of the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring.
|