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Durham County Council Regeneration and Economic Development Barnard Castle Area Office Teesdale House Galgate Barnard Castle DL12 8EL APPROVAL OF PLANNING PERMISSION TOWN AND COUNTRY PLANNING ACT 1990 (as amended) Application Number: 6/2011/0250/DM Applicant Agent Mrs Sue Berresford Mr Tim Bailey Teesdale House Xsite Architecture LLP Galgate Foundry Lane Studios Barnard Castle Foundry Lane County Durham Newcastle upon Tyne DL12 8EL NE6 1LH PART 1 – PARTICULARS OF THE APPLICATION Proposed: Change of Use of Tourist Information Centre to Box Office, Meeting Space and Information Point At: Woodleigh, Barnard Castle Date Application Valid: 11 August 2011 PART 2 – PARTICULARS OF DECISION The Durham County Council hereby give notice in pursuance of the Town and Country Planning Act 1990 (as amended) that planning permission has been GRANTED for the carrying out of the development referred to in Part 1 hereof in accordance with the application and plans submitted subject to the following: Conditions 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004. 2. The development hereby approved shall be carried out in strict accordance with the following approved plans:- Plan Reference Number Date received Site Location Plan 20/07/2011 1119/200 01 20/07/2011 1119/200 02 20/07/2011 To define the permission and ensure that a satisfactory form of development is obtained in accordance with Policy GD1 of the Teesdale Local Plan. 3. Prior to the commencement of the development details of fume extraction that accords with current DEFRA guidance on the control of odour and noise from commercial kitchen exhaust systems shall have been submitted to and approved in writing by the local planning authority. The approved scheme shall be installed prior to the use commencing and shall be operated at all times when cooking is being carried out on the premises. In the interests of the amenity of the area in accordance with Policy GD1 of the Teesdale Local Plan. 4. The kitchen premises subject to this permission shall not operate outside of the hours of 0730 to 2200 hours Monday to Saturday and 0900 to 2100 hours Sundays and Bank Holidays. In the interests of preserving the amenity of residents in accordance with Policy GD1 of the Teesdale Local Plan. REASONS FOR APPROVAL The decision to grant permission has been taken having regard to the policies and proposals in the Teesdale District Local Plan including the policies referred to below, and to all the relevant material considerations, including Supplementary Planning Guidance, RSS for the north east to 2021 and the particular circumstances below. The proposal would comply with Policy GD1 of the Teesdale Local Plan for the following reasons: 1. The proposal would not harm residential amenity. 2. The proposal would not be detrimental to the character or appearance of the surrounding area. 3. The proposal would not be detrimental to the character or appearance of the Conservation Area. SIGNATURE Signed: Date: 6 October 2011 Stuart Timmiss Head of Planning IMPORTANT NOTICE THIS PERMISSION IS NOT VALID UNLESS THE CONDITIONS LISTED ARE COMPLIED WITH IT IS IMPORTANT THAT YOU CAREFULLY READ THE FOLLOWING NOTES IN RELATION TO YOUR APPROVAL 1. This permission refers only to that required under the Town and Country Planning Act and does not include any consent or approval under any other enactment, byelaw, order or regulation. 2. Failure to adhere to the details of the approved plans or to comply with conditions attached to this permission is a contravention of the provisions of the Town and Country Planning Act 1990 in respect of which enforcement action may be taken. 3. APPEALS TO THE SECRETARY OF STATE • If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under Section 78 of the Town and Country Planning Act 1990. • If you want to appeal, then you must do so within six months of the date of this notice, or within 12 weeks in the case of Householder applications, using a form which you can get from the Planning Inspectorate, Customer Support Unit, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN, or through the web-site: www.planning-inspectorate.gov.uk • You can make your appeal via an online appeals service. You can find the service through the Appeals area of the Planning Portal – see www.planningportal.gov.uk/pcs The Inspectorate will publish details of your appeal on the Internet. This may include a copy of the original planning application together with the completed appeal form and information you submit to the Planning Inspectorate. You should only provide information, including personal information belonging to you, that you are happy will be made available to others in this way. If you supply personal information belonging to a third party, please ensure you have their permission to do so. • The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. • The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions it imposed, having regard to the statutory requirements, to the provisions of the development order and to any directions given under the order. • In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based its decision on a direction given by him. 4. PURCHASE NOTICE • If either the local planning authority or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor can he render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted. • In these circumstances, the owner may serve a purchase notice on the County Council. This notice may require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990. 5. COMPENSATION • In certain circumstances, compensation may be claimed from the local planning authority if permission is refused or granted subject to conditions by the Secretary of State on appeal or on reference of the application to him. • These circumstances are set out in Part IV and related provisions of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991. 6. PUBLIC RIGHTS OF WAY This planning permission does not convey any rights to stop up, divert, obstruct or otherwise affect public rights of way and appropriate orders must be sought for these purposes before any development starts. A copy of the Definitive Map of Public Rights of Way is on deposit and can be inspected at the offices of the Director of Regeneration and Economic Development, County Hall, Durham. 7. ACCESS FOR THE DISABLED Your attention is drawn to the duty of a developer under Section 76 of the Town and Country Planning Act 1990 to provide facilities for access for disabled persons at premises open to the general public. The relevant requirements are indicated in Sections 4, 7 and 8a of the Chronically Sick and Disabled Act 1970 and BS5810 1979.
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