| 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. | Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended), the use of the ground floor of the building shall be as either a shop (A1 Use Class) or as an office (B1 Use Class). The first and second floors shall only be used as an office (B1 Use Class). Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, no permitted change of use of the building from the aforementioned shall take place without the express planning permission of the Local Planning Authority.
Reason:-
To restrict the use of the premises to those 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. |
| 4. | Prior to the first occupation of the development hereby permitted, a travel plan shall be submitted to and approved in writing by the local planning authority. The travel plan, as submitted, shall follow the current Travel Plan Development Control Guidance issued by Transport for London and will include:
(1) Targets for sustainable travel arrangements;
(2) Effective measures for the ongoing monitoring of the travel plan;
(3) A commitment to delivering the travel plan objectives for a period of at least five years from first occupation of the development;
(4) Effective mechanisms to achieve the objectives of the travel plan by both present and future occupiers of the development.
The development shall be implemented in accordance with the approved travel plan.
Reason:-
In order to ensure that sustainable travel modes are promoted in accordance with Policy CP10 of the LDF. |
| 5. | 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:-
For the avoidance of doubt and to ensure that the development is carried out as approved. |
| 6. | The proposed windows at first floor level and the rooflights at second floor level to the flank elevation facing 81-85 Balgores Lane shall be permanentely glazed with obscure glass and therefore be maintained and permanetly fixed shut to the satisfaction of the Local Planning Authority.
Reason:-
In the interests of privacy, protecting the future development of the adjoining site, and in order that the development accords with the Development Control Policies Development Plan Document Policy DC61. |
| 7. | 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. |
| 8. | No works shall take place in relation to any of the development hereby approved (except works required to secure compliance with this condition) until the following Contaminated Land reports (as applicable) are submitted to and approved in writing by the Local Planning Authority:
a) A Phase I (Desktop Study) Report documenting the history of this site, its surrounding area and the likelihood of contaminant/s, their type and extent incorporating a Site Conceptual Model.
b) A Phase II (Site Investigation) Report if the Phase I Report confirms the possibility of a significant risk to any sensitive receptors. This is an intrusive site investigation including factors such as chemical testing, quantitative risk assessment and a description of the site ground conditions. An updated Site Conceptual Model should be included showing all the potential pollutant linkages and an assessment of risk to identified receptors.
c) A Phase III (Risk Management Strategy) Report if the Phase II Report confirms the presence of a significant pollutant linkage requiring remediation. The report will comprise two parts:
Part A - Remediation Scheme which will be fully implemented before it is first occupied. Any variation to the scheme shall be agreed in writing to the Local Planning Authority in advance of works being undertaken. The Remediation Scheme is to include consideration and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination shall be fully assessed and an appropriate remediation scheme submitted to the Local Planning Authority for written approval.
Part B - Following completion of the remediation works a 'Validation Report' must be submitted demonstrating that the works have been carried out satisfactorily and remediation targets have been achieved.
d) If during development works any contamination should be encountered which was not previously identified and is derived from a different source and/or of a different type to those included in the contamination proposals, then revised contamination proposals shall be submitted to the LPA; and
e) If during development work, site contaminants are found in areas previously expected to be clean, then their remediation shall be carried out in line with the agreed contamination proposals.
For further guidance see the leaflet titled, 'Land Contamination and the Planning Process'.
Reason:-
Insufficient information has been supplied with the application to judge the risk arising from contamination. Submission of an assessment prior to commencement will ensure the safety of the occupants of the development hereby permitted and the public generally. It will also ensure that the development accords with Development Control Policies Development Plan Document Policies DC54 and DC61. |
| 9. | No works shall take place in relation to any of the development hereby approved until a scheme for the protection of trees on the adjacent site has been submitted to and agreed in writing by the Local Planning Authority. Such scheme shall contain details of the erection and maintenance of fences or walls around the trees, details of underground measures to protect roots, the control of areas around the trees and any other measures necessary for the protection of the trees. Such agreed measures shall be implemented before development commences and kept in place until the approved development is completed.
Reason:-
Insufficient information has been supplied with the application to demonstrate how the preserved trees on site will be adequately protected during construction. Submission of details prior to commencement will ensure that the measures to be employed are robust. |
| 10. | 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. |
| 11. | As the site is adjacent to Network Rail's operational railway infrastructure, it is strongly recommended that the developer contacts assetprotectionanglia@networkrail.co.uk prior to any works commencing on site and agree an Asset Protection Agreement to enable approval of detailed works. More information, in respect of this, can be obtained from www.networkrail.co.uk/aspx/1538.aspx. |
| 12. | The proposal is liable for the Mayor of London Community Infrastructure Levy (CIL). The Mayoral CIL levy rate for Havering is at £25/m¿¿² and is chargeable for each additional square metre of retail / office gross internal [floor] (GIA). Based upon the information supplied with the application, ¿¿£10,825.00 would be payable due to result in a new retail and office floor space of 433sqm.
The charge is levied under s.206 of the Planning Act 2008. 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. You are also advised to visit the planning portal website where you can download the appropriate document templates at http://www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil |
| 13. | 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 the applicant and the applicant's agent. Additional information with respect to heritage statement, boundary position and trees were subsequently submitted on 6th April 2020. |
