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Details of Planning Application - 08/P/00222

Application Details

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Appeal decided

Application Number:

08/P/00222

Application Type:

Full Application

Date Received:

11/02/2008

Registration Date:

11/02/2008

Press Date:

No date

Comments welcome by:

04/03/2008

Target Date for Decision:

07/04/2008

Location:

124 - 128 Worplesdon Road, Guildford, GU2 9RT

Ward:

Stoughton

Parish:

Stoughton

Class:

Minor Retail, distribution and servicing

Proposal:

Erection of a two storey retail unit (A1) with associated car parking following demolition of existing petrol filling station.

Case Officer:

Dave Barton

Case Officer Tel:

01483 444630

Status:

Decided

Agent:

MrWilmshurst

3000 Cathedral Hill

Guildford

Surrey

GU2 7YB

Applicant:

Longwood Developments Ltd

Lutidine House

Newark Lane

Ripley

Surrey

GU23 6BS

Neighbours

Received: 7

and Representatives:

In Favour: 0

Click here for a list of those consulted

Against: 7

Committee Meeting Date:

No date

Decision Level:

Delegated

Decision Date:

17/06/2008

Decision:

Approve

Conditions or Reasons:

The development hereby approved has been assessed against <TxtPolicies> and material considerations, including third party representations. It has been concluded that the development, subject to the conditions imposed, would accord with the development plan and there are no other material considerations to justify a refusal of permission.

1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

2) Before the building operations hereby permitted are commenced, samples and details of the proposed external materials shall be submitted to and approved in writing by the Local Planning Authority and no external materials shall be used other than those approved.

Reason: To ensure that the external appearance of the building is satisfactory. In accordance with the following policy number(s), G5 of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ).

3) Before the development is first brought into use the proposed access to New Cross Road and access into the site shall be constructed in accordance with the plans approved under planning permission 04P 1779 and the proposed footway along the north side of New Cross Road extending between Worplesdon Road and 80 New Cross Road shall be constructed in accordance with the approved plans.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience on other highway users in accordance with policy DN2 of the Surrey Structure Plan 2004 ( as saved by CLG Direction on 21-09-07 )

4)
The existing redundant accesses from the site to the Worplesdon Road and New Cross road shall be permanently closed and any kerbs, verge, footway, fully reinstated by the applicant, in a manner to be agreed in writing with the Local Planning Authority.

Reason:In order that the development should not prejudice highway safety nor cause inconvenience on other highway users in accordance with policy DN2 of the Surrey Structure Plan 2004 ( as saved by CLG Direction on 21-09-07 ).

5) No new development shall be occupied until space has been laid out within the site in accordance with the approved plans for 10 cars ,and cycles, to be parked and for cars to turn so that they may enter and leave the site in forward gear and for loading and unloading of vehicles . The parking, vehicle loading/unloading and car turning area shall be used and retained exclusively for its designated use.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users in acordance with policy DN2 of the Surrey Structure Plan 2004 ( as saved by CLG Direction on 21-09-07 ).

6) No development shall start until a Method of Construction Statement, to include details of:
parking for vehicles of site personnel, operatives and visitors
loading and unloading of plant and materials
storage of plant and materials
has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction period.

Reason: In order that the development should not prejudice highway safety nor cause inconvenience to other highway users in accordance with policy DN2 of the Surrey structure Plan 2004 ( as saved by CLG Direction on 21-09-07 ).

7) No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development; the approved landscaping scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the occupation of any of the building(s) hereby approved and retained.

Reason: In the interests of visual amenity. In accordance with the following policy number(s), G5 of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ).

8) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the landscaping die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: In the interests of visual amenity. In accordance with the following policy number(s), G5 of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ).

9) Before development commences the following shall be submitted to the Local Planning Authority : The results of a detailed Phase One survey, including historic investigation and ground conditions to ascertain whether the site supports any soil or water contamination . If the Local Planning Authority consider that further investigation of the site is necessary, a detailed site investigation must be carried out by a suitably qualified and accredited consultant /contractor in accordance with a Quality Assured sampling and analysis methodology and must include relevent sub-surface , soil gas and groundwater sampling together with the results of analysis and a risk assessment to any receptors will be detailed . Details of any remediation scheme required to remediate the site to a standard suitable for use , including works to address any unsuspected contamination .

Reason : To ensure any contamination of the site is remediated and to protect existing/ proposed occupants of the application site ans/or adjacent land . In accordance with policies G1(3) and G1(11) of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-08 ).

10) Any remediation scheme submitted in acordance with condition 9 shall be carried out as detailed in the applicants' submission. Documentary proof shall be provided to the Local Planning Authority together with a quality assurance certificate to show that the works have been carried out in full accordance with the approved remediation strategy. Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together wiith the necessary documentation detailing what waste material has been removed from the site before the development hereby permitted is first brought into use not directly involved in constructing the development.

Reason : To ensure any contamination of the site is remediated to a 'suitable for use' standard and to protect proposed users of the site and adjacent land.In acordance weith policies G1(3) and G1(11) of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction saved on 24-09-07 ).

11) Works related to the construction of the development hereby permitted, including works of demolition or preparation prior to building operations, shall not take place other than between the hours of 8 am and 6 pm Monday to Friday and 8 am to 1.30 pm Saturdays and at no time on Sundays or Bank or National Holidays.

Reason: To protect the neighbours from noise and disturbance outside the permitted hours during the construction period. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ).

12) The retail use hereby permitted shall not operate other than between the hours of 8 a.m. and 8 p.m.on Mondays to Saturdays , and between the hours of 10a.m. and 6p.m. on Sundays or Bank or National hoildays.

Reason : To accord with the terms of the application , as amended , and to safeguard the residential amenities of neighbouring properties in accordance with policy G1(3) of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ).

13) The premises hereby approved shall only be used for Use Class A1 retail uses as defined by the Town and Country ( Use Classes ) Order 1995 ( as amended ) and for no other purpose .

Reason: In granting this permission the Local Planning Authority has had regard to the special circumstances of this case and wishes to have the opportunity of exercising control over any subsequent alternative use. In accordance with the following policy number(s), S10 of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ) .

14) No materials, containers or equipment shall be stored on the site outside buildings except for waste materials contained within suitable and sufficient waste containers for removal.

Reason: In the interests of visual and residential amenity. In accordance with the following policy number(s), G1(3 ) of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ).

15) Prior to the commencement of development details of the slab levels of the proposed buildings and existing and proposed ground levels shall be submitted to and approved in writing by the Local Planning Authority. The constructed development shall not vary from the approved levels.

Reason: In order to ensure a satisfactory form of development. In accordance with the following policy number(s), G1 and G5 of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ).

16) Immediately following the implementation of this permission, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification) no mezzanine floor space shall be added to the development hereby approved without the express written consent of the Local Planning Authority.

Reason: To accord with the terms of the application and to ensure the site retains adequete car parking provision to serve the development hereby approved in accordance with policy G1(1) of the Guidford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ) and the related Vehicle Parking Standards SPD , adopted September 2006.

17) Prior to the commencement of development detailed plans showing the design, construction and materials to be used for the installation of the shopfront(s) shall be submitted to and approved in writing by the Local Planning Authority. They shall be installed completely in accordance with the approved plans.

Reason: To ensure a satisfactory standard of development. In accordance with the following policy number(s), G5 of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ).

18) Prior to the commencement of any development, details of predicted energy use of the development and the generation of on-site renewable energy shall be submitted to and approved in writing by the Local Planning Authority. These details will demonstrate how energy efficiency is being addressed, including benchmark data, and show the on-site measure(s) to be taken to produce a minimum of 10% of the total energy requirements of the new development by means of renewable energy sources. Such details as may be approved shall be implemented prior to the first occupation of the development and retained and maintained for the lifetime of the building.
Reason: To optimise renewable energy and its conservation. In accordance with the following policy number(s), SE2 of the Surrey Structure Plan 2004 (as saved by CLG Direction on 21 September 2007) and the Supplementary Planning Guidance 'Sustainable Development and Construction' 2005.

19) No deliveries shall be taken at or dispatched from the site outside the hours of 7.00 a.m. to 9.00 p.m. on Mondays to Saturdays , and outside of the hours of 10.00 a.m. to 6.00 p.m. on Sundays or Bank or National holidays.

Reason: To accord with the terms of the application , as amended , and to safeguard the residential amenities of neighbouring properties. In accordance with the following policy number(s), G1(3) of the Guildford Borough Local Plan 2003 ( as saved by CLG Direction on 24-09-07 ).

Policies:

Click here for the Policies

Informative notes:

1) Details of the highway requirements necessary for inclusion in any application seeking approval of reserved matters may be obtained from the Transportation Development Control Division of Surrey County Council.

2) All bridges, buildings or apparatus (with the exception of projecting signs) which project over or span the highway may be erected only with the formal approval of the Head of Transportation under Section 177 or 178 of the Highways Act 1980.

3) The permission hereby granted shall not be construed as authority to obstruct the public highway by the erection of scaffolding, hoarding or any other device or apparatus for which a licence must be sought from the Highway Authority.

4) When a temporary access is approved or an access is to be closed as a condition of planning permission an agreement with, or licence issued by, the Highway Authority will require that the redundant dropped kerb be raised and any verge or footway crossing be reinstated to conform with the existing adjoining surfaces at the developers expense. (Note: It is preferable where possible to arrange for the adjacent highway to be included in the area edged red on the application when Circular 11/95 provides that conditions may be suitable to control this)

5) The developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149).

6) The applicant is advised that as part of the detailed design of the highway works required by the above condition(s), the County Highway Authority may require necessary accommodation works to street lights, road signs, road markings, highway drainage, surface covers, street trees, highway verges, highway surfaces, surface edge restraints and any other street furniture/equipment.

7) The applicant is advised that the cycle parking shown on drawing 3122-133 must be fully located within the curtilage of the application site.

8) The permission hereby granted shall not be construed as authority to carry out works on the highway . The applicant is advised that a highway agreement or highway licence must be obtained from the Highway Authority Local Transportation Service before any works are carried out on any footway,footpath, carriageway, verge or other land forming part of the public highway or that is proposed to be constructed to become part of the public highway.

9) This decision relates expressly to drawing(s) 3122-130, 3122-131, 3122-132 , 3122-133 and additional information received on 11-02-08 and additional drawing 04WR001 received on 18-02-08.

Officer Report:

Click here for the Officer's Report

Appeal Received Date:

This case has no appeals against it

Please contact us for further appeal information if required

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