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No.Condition Text
1.Class MA is comprised of Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order to a use falling within Class C3 (dwellinghouses) of Schedule 1 to that Order. The applicant has not demonstrated that the lawful use of the building is Class E and in the absence of evidence otherwise there is conflict with MA.1.(1)(b).
2.Para W.(3)(b) allows the Local Planning Authority to refuse an application where in its opinion the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with any of the required conditions. Inadequate information has been provided in order to consider the impacts of the retained commercial use on future occupants in respect of noise generated. The development therefore conflicts with Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015. MA.2.- (1)(2)(d).
3.Para W.(3)(b) allows the Local Planning Authority to refuse an application where in its opinion the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with any of the required conditions. Inadequate information has been provided in order to consider the Highways and Transport impacts of the proposed development, in particular with regard to lack of dedicated off-street parking and how this may contribute to parking stress within the locality and how cycle storage/provision might be made. The development therefore conflicts with Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015. MA.2.- (1)(2)(a).
4.Schedule 2 (9A)/(9B) does not grant permission for, or authorise any development of, any new dwellinghouse that does not comply with the nationally described space standard issued by the Department for Communities and Local Government on 27th March 2015 together with the notes dated 19th May 2016 which apply to it. The proposed units do not align with the required GIAs, bedroom size and mix and dedicated internal storage as is required. Furthermore through the lack of information provided the applicant has not demonstrated that the proposed units would provide sufficient headroom compliant with the nationally described space standard or other qualitative requirements.
5.The proposed layout plans and description of development provided indicate that the proposals would form a new entrance in the front of 162 Rush Green Road to serve the retained commercial use. Class G does not allow for any external works and the proposals therefore go beyond and do not comply with the scope of Schedule 2, Part 3, Class MA of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).