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No.Condition Text
1.The development to which this permission relates must be commenced not later than three years from the date of this permission. Reason:- To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
2.All new external finishes shall be carried out in materials to match those of the existing building(s) to the satisfaction of the Local Planning Authority. Reason:- To safeguard the appearance of the premises and the character of the immediate area, and in order that the development accords with the Development Control Policies Development Plan Document Policy DC61.
3.The development hereby permitted shall not be carried out otherwise than in complete accordance with the approved plans (as set out on page one of this decision notice). Reason:- The Local Planning Authority consider it essential that the whole of the development is carried out and that no departure whatsoever is made from the details approved, since the development would not necessarily be acceptable if partly carried out or carried out differently in any degree from the details submitted. Also, in order that the development accords with Development Control Policies Development Plan Document Policy DC61.
4.Notwithstanding the details on the Proposed Car Parking Layout and in accordance with the applicant's email dated 25th February 2019, before the extensions hereby permitted are first occupied, provision shall be made within the site for 9 staff car parking spaces, four drop-off spaces and one disabled space and thereafter this provision shall be made permanently available for use, unless otherwise agreed in writing by the Local Planning Authority. Reason:- To ensure that adequate car parking provision is made off street in the interests of highway safety.
5.No part of the development hereby approved shall be occupied until access to the highway has been completed in accordance with the details that have been previously submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of ensuring good design and ensuring public safety and to comply with policies of the Core Strategy and Development Control Policies DPD, namely CP10, CP17, and DC61.
6.The maximum number of children using the garden for outdoor play area shall not exceed 6 at any one time without the prior written consent of the Local Planning Authority. Reason:- To safeguard the amenities of neighbouring and nearby residential occupiers and to accord with Policy DC55 and DC61 of the LDF Development Control Policies DPD.
7.Before the extensions hereby permitted are first occupied, all external play areas shall be covered with a rubberised surface. Reason:- To safeguard the amenities of neighbouring and nearby residential occupiers and to accord with Policy DC55 and DC61 of the LDF Development Control Policies DPD.
8.Prior to the first occupation of the extensions hereby permitted, acoustic fencing shall be installed on the northern and eastern boundaries of the site adjacent to 2b Oaks Avenue and 20 Collier Row Lane. Details of the proposed acoustic fencing shall be submitted to, and approved in writing, by the Local Planning Authority prior to its installation. The acoustic fencing shall then be carried out in accordance with the approved details and retained and maintained permanently thereafter to the satisfaction of the Local Planning Authority. Reason:- To safeguard the amenities of neighbouring and nearby residential occupiers and to accord with Policy DC55 and DC61 of the LDF Development Control Policies DPD.
9.Prior to the first occupation of the extensions hereby permitted, a Travel Plan shall be submitted to and agreed in writing by the Local Planning Authority. The plan shall include measures to encourage staff and visitors to travel to the site by means other than the private car. The Plan as approved shall be monitored and reviewed on an annual basis for three years and a copy of that review and action plan arising shall be submitted to the Local Planning Authority. The measures described in the action plan shall be implemented in the time period identified within it. Reason: In the interests of promoting sustainable travel patters, and in accordance with Policy DC32 of the Core Strategy and Development Control Policies DPD.
10.Prior to the commencement of any groundworks or development of the site, details shall be submitted to and agreed in writing by the Local Planning Authority setting out suitable gas protection measures to be employed on site including, but not necessarily limited to, the installation of a suitable gas resistant membrane. The gas protection measures shall be carried out in strict accordance with the agreed details. Upon completion of installation, a 'Verification Report' must be submitted demonstrating that the works have been carried out. Reason: Insufficient information has been submitted to ensure that the occupants of the development and property are not subject to any risks from soil gas and/or vapour in accordance with LDF Core Strategy and Development Control Policies DPD Policy DC53.
11.Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 the use hereby permitted shall be for day nursery purposes only and shall exclude all other uses whatsoever including any other use in Class D1 of the Order, without prior consent in writing of the Local Planning Authority. Reason:- To restrict the use of the premises to one compatible with the surrounding area and to enable the Local Planning Authority to exercise control over any future use not forming part of this application, and that the development accords with the Development Control Policies Development Plan Document Policy DC61
12.The premises shall not be used for the purposes hereby permitted other than between the hours of 8:00am and 6:00pm on Mondays to Fridays and not at all on Saturdays, Sundays, Bank or Public holidays without the prior consent in writing of the Local Planning Authority. Reason:- To enable the Local Planning Authority to retain control in the interests of amenity, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61.
13.The maximum number of children accommodated within the premises hereby approved shall not exceed 65 at any one time, including the applicants own children without the prior consent in writing of the Local Planning Authority. Reason:- To enable the Local Planning Authority to retain control and to avoid disturbance to adjoining residents, and that the development accords with Development Control Policies Development Plan Document Policy DC61.
14.The proposed two roof lights serving an office/staff room on the eastern flank of the building as shown on Drawing No.'s CRL:22:JAWS:2A and CRL:22:JAWS:3A shall be permanently glazed with obscure glass not less than level 4 on the standard scale of obscurity and shall thereafter be maintained. Reason:- In the interests of privacy, and in order that the development accords with the Development Control Policies Development Plan Document Policy DC61.
15.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, no window or other opening (other than those shown on the submitted and approved plan,) shall be formed in the flank wall(s) of the building(s) hereby permitted, unless specific permission under the provisions of the Town and Country Planning Act 1990 has first been sought and obtained in writing from the Local Planning Authority. Reason:- In order to ensure a satisfactory development that will not result in any loss of privacy or damage to the environment of neighbouring properties which exist or may be proposed in the future, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61.
16.All building operations in connection with the construction of external walls, roof, and foundations; site excavation or other external site works; works involving the use of plant or machinery; the erection of scaffolding; the delivery of materials; the removal of materials and spoil from the site, and the playing of amplified music shall only take place between the hours of 8.00am and 6.00pm Monday to Friday, and between 8.00am and 1.00pm on Saturdays and not at all on Sundays and Bank Holidays/Public Holidays. Reason:- To protect residential amenity, and in order that the development accords with the Development Control Policies Development Plan Document Policy DC61.
17.Statement Required by Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015: In accordance with paragraph 38 of the National Planning Policy Framework 2018, improvements required to make the proposal acceptable were negotiated with Mr Wallington Smith via email on 1st February 2019. The revisions involved altering the fenestration of the proposed extensions and reducing the maximum number of children on the premises from 91 to 65. The amendments were subsequently submitted on 20th February 2019.
18.The proposal is liable for the Mayor of London Community Infrastructure Levy (CIL). Based upon the information supplied with the application, the CIL payable would be £8,040 (this figure may go up or down, subject to indexation). CIL is payable within 60 days of commencement of development. A Liability Notice will be sent to the applicant (or anyone else who has assumed liability) shortly and you are required to notify the Council of the commencement of the development before works begin. Further details with regard to CIL are available from the Council's website.
19.A fee is required when submitting details pursuant to the discharge of conditions. In order to comply with the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, (as amended), a fee of £116 per request or £34 where the related permission was for extending or altering a dwellinghouse, is needed.
20.Changes to the public highway (including permanent or temporary access) - Planning approval does not constitute approval for changes to the public highway. Highway Authority approval will only be given after suitable details have been submitted considered and agreed. If new or amended access is required (whether temporary or permanent), there may be a requirement for the diversion or protection of third party utility plant or highway authority assets and it is recommended that early involvement with the relevant statutory undertaker takes place. The applicant must contact Engineering Services on 01708 433751 to discuss the scheme and commence the relevant highway approvals process. Please note that unauthorised work on the highway is an offence. Highway legislation - The developer (including their representatives and contractors) is advised that planning consent does not discharge the requirements of the New Roads and Street Works Act 1991 and the Traffic Management Act 2004. Formal notifications and approval will be needed for any highway works (including temporary works of any nature) required during the construction of the development. Please note that unauthorised work on the highway is an offence. Temporary use of the public highway - The developer is advised that if construction materials are proposed to be kept on the highway during construction works then they will need to apply for a licence from the Council. If the developer required scaffolding, hoarding or mobile cranes to be used on the highway, a licence is required and Street Management should be contacted to make the necessary arrangements. Please note that unauthorised use of the highway for construction works is an offence. Surface water management - The developer is advised that surface water from the development in both its temporary and permanent states should not be discharged onto the highway. Failure to prevent such is an offence.