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No.Condition Text
1.This permission shall be for a limited period only commencing on 18/11/2016 and expiring on 15/01/2017 on or before which date the use hereby permitted shall be discontinued, The buildings and works carried out under this permission shall be removed and the site reinstated to its former condition within 10 working days of 15/01/2017 to the satisfaction of the Local Planning Authority. Any variation from the above dates within a 10 day window shall be requested in writing to, and agreed in writing by, the Assistant Director of Regulatory Services. Reason: To enable the Local Planning Authority to retain control.
2.The premises shall not be used for the purposes hereby permitted other than between the hours of 12.00 and 21.00 on Mondays to Fridays from 18th November until 21st December 2016 and from 3rd January until 15th January 2017, and between the hours of 10.00 and 21.00 on weekends and Mondays to Fridays from 22nd December 2016 until 2nd January 2017 with the exception of Christmas Day, Boxing Day and New Year's Day when the ice rink shall not operate without the prior consent in writing of the Local Planning Authority and 27th December when the ice rink shall only operate between the hours of 12.00 and 18.00. Any variation from the above times, and/or dates, within a 10 day window, shall be requested in writing to, and agreed in writing by, the Assistant Director of Regulatory Services. 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.
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.The proposed development hereby approved shall be constructed in accordance with the materials detailed under Section 10 of the application form unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the appearance of the proposed development will harmonise with the character of the surrounding area and comply with Policy DC61 of the Development Control Policies Development Plan Document
5.No deliveries into the site, loading and unloading of vehicles and associated construction and or removal of the temporary structures, stages and sound systems shall take place other than between the hours of 08.00 to 18.00 on Monday to Friday and 08.00 to 13.00 hours on Saturdays unless agreed in writing with the local planning authority. No construction works or deliveries shall take place on Sundays, Bank or Public Holidays unless otherwise agreed in writing by the local planning authority. Reason:- To protect residential amenity, and in order that the development accords with the Development Control Policies Development Plan Document Policy DC61.
6.Before the development hereby permitted commences details of a scheme shall be submitted to and approved in writing by the local planning authority which specifies the provisions to be made for the control of noise emanating from the temporary site. Such scheme as may be approved shall be implemented prior to commencement and thereafter retained in accordance with such details. Reason:- Insufficient information has been supplied with the application to assess the noise levels from the proposed use. Submission of a scheme prior to occupation in the case of new building works or prior to the use commencing in the case of changes of use, will prevent noise nuisance to adjoining/adjacent properties in accordance with the Development Control Policies Development Plan Document Policies DC55 and DC61.
7.An assessment of the noise impact of all plant and machinery shall be carried out in accordance with British Standard BS4142:2014 Methods for rating and assessing industrial and commercial sound and a scheme submitted to the Local Planning Authority for approval prior to the installation of the plant and machinery in order to demonstrate that the cumulative rating level when all of the plant and machinery are operating will not exceed (LA90-10)dB at the boundary of the nearest noise sensitive residential and commercial premises, where LA90 is the lowest representative background sound level during the periods when the plant and machinery will be operating. The plant and machinery shall be operated in accordance with the aforementioned scheme throughout the period of this permission. Reason:- To prevent noise nuisance to adjoining/adjacent properties in accordance with the Development Control Policies Development Plan Document Policies DC55 and DC61.
8.Before the uses commences a scheme to control the transmission of noise and vibration from any mechanical ventilation system or generator/s installed shall be submitted to and approved in writing by the Local Planning Authority and implemented prior to the permitted use commencing. Thereafter, the equipment shall be properly maintained and operated during normal working hours. Reason:- Insufficient information has been supplied with the application to judge the technical specifications of the mechanical ventilation system or generator/s. Submission of this detail prior to occupation in the case of new building works or prior to the use commencing in the case of changes of use protect the amenity of occupiers of nearby premises, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61.
9.A sound propagation test shall be undertaken at all amplified speaker positions at least 1 hour prior to the start of any recorded music (Mondays to Friday), no earlier than 30 minutes before the start of any recorded music on Saturdays, and no earlier than 15 minutes before the start of any recorded music on Sundays, in order to inform the setting of appropriate control limits. A hotline shall be available throughout the duration of the event. The number for this hotline shall be made available at least 14 days prior to the event starting and notified to all properties likely to be disturbed by the event. Staff shall be trained in the procedures to follow when receiving a call. All calls made to this number shall be fully documented and the resultant action recorded. There shall be a named person responsible for the noise hotline and their contact details shall be forwarded to the Local Planning Authority at least 7 days prior to the commencement of the use. Reason:- Insufficient information has been supplied with the application to assess the noise levels from the amplified music. Submission of a scheme prior to occupation in the case of new building works or prior to the use commencing in the case of changes of use, will prevent noise nuisance to adjoining/adjacent properties in accordance with the Development Control Policies Development Plan Document Policies DC55 and DC61.
10.Music noise levels (expressed as LAeq,15min) when predicted or measured at 1 metre from the facade of any noise sensitive premises shall not exceed the following limits: Prior to 19.00 hours 50dB Between the hours of 19.00 and 21.00 45dB Reason:- To protect residential amenity in order that the development accords with Development Control Policies Development Plan Document Policy DC61 and to comply with BS8233:2014 Guidance on sound insulation and noise reduction for buildings internal ambient noise level guideline values .
11.Before any works commence details of the layout of the equipment compound, including the position of fixed plant and mobile machinery and details of fencing, shall be submitted to and agreed in writing by, the Local Planning Authority. Thereafter the equipment compound shall be laid out in accordance with the agreed scheme. Reason:- Insufficient information has been supplied with the application to judge the layout of the equipment compound and its implications for the generation of noise which might be partly mitigated by preventing line of sight to flats in Nayland Court. Submission of this detail prior to occupation in the case of new building works or prior to the use commencing in the case of changes of use protect the amenity of occupiers of nearby premises, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61.
12.Before the development hereby permitted commences a method statement shall be submitted to and approved in writing by the local planning authority demonstrating the methods of erecting and dismantling the temporary ice rink and the best practicable means (as defined in the Control of Pollution Act 1974, Section 72) that will be taken to reduce noise and other adverse impacts. Reason:- Insufficient information has been supplied with the application to judge the impacts arising from the construction of the temporary ice rink. Submission of a method statement prior to the commencement of construction work will will prevent noise nuisance to adjoining/adjacent properties in accordance with the Development Control Policies Development Plan Document Policies DC55 and DC61.
13.Before the use of the ice rink commences details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the lighting shall be installed in accordance with the agreed scheme. Reason:- Insufficient information has been supplied with the application to judge the impact of lighting and the potential for this to cause a nuisance to adjacent occupiers. Submission of this detail prior to occupation in the case of new building works or prior to the use commencing in the case of changes of use protect the amenity of occupiers of nearby premises, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61.
14.All plant and machinery used for the operation and maintenance of the ice rink shall comply with Stage IV Emission Standards in accordance with the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999, as amended. Reason:- Insufficient information has been supplied with the application to judge whether the relevant standards will be complied with. Submission of details to demonstrate that these standards will be complied with will ensure that the machinery and plant used does not result in the release of unacceptable levels of pollutants in order that the development accords with Development Control Policies Development Plan Document Policies DC52 and DC61.
15.The ice rink hereby permitted shall accommodate no more than 150 skaters per session. Reason:- To prevent obstruction of the surrounding street and to safeguard the amenity of the area in order that the development accords with Development Control Policies Development Plan Document Policy DC61.
16.Prior to the first operation of the ice rink a queuing management strategy shall be submitted to and approved in writing by the local planning authority. Thereafter any queues of people waiting to gain entry to the facility shall be managed in accordance with the agreed strategy. Reason:- Insufficient information has been supplied with the application to judge how queues will be managed. The submission and agreement of a strategy will ensure that queuing occurs in an orderly fashion and without impeding or causing other inconvenience to the general public.
17.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, which came into force from 22.11.2012, a fee of £97 per request or £28 where the related permission was for extending or altering a dwellinghouse, is needed.
18.Statement Required by Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015: No significant problems were identified during the consideration of the application, and therefore it has been determined in accordance with paragraphs 186-187 of the National Planning Policy Framework 2012.