Review of Officer Recommendations by etssetcf

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									Planning Committee – 27th May 2008
Agenda Item 6
Terms and conditions relating to application no. 08/00228/FUL – Unit 16-17 Swan
Vale Industrial Estate, Colchester Road, Witham

                        Review of Officer Recommendations

Case No.: 08/00228/FUL                         Case Officer:    Mr D Roberts

Officer Recommendation: Grant application subject to a Section 106 planning
agreement to cover the following Heads of Terms:

£100,000 towards Highway Works (improvements to the signalised junction of
Newland Street/ The Grove/ The Avenue)
£42,000 towards bus stop infrastructure improvements
£50,000 contribution towards the Blackwater Rail Trail
£10,000 towards Environmental Improvements within Witham Town Centre
Staff Travel Plan and Monitoring Fee
Considerate Contractor’s Clause

(Note these figures are combined with planning application 08/00410/OUT, and
represent the total contribution requested).

APPROVED PLAN(S):
Layout Plan Ref: 2417/PL/002D,
Plan Ref: 2417/PL/003B,
Elevations Plan Ref: 2417/PL/005B,

1      The development hereby permitted shall be begun on or before the expiration
       of three years beginning with the date of this permission.
Reason This Condition is imposed pursuant to Section 91 of the Town and Country
       Planning Act 1990.

2      Notwithstanding the provisions of the Town and Country Planning (Use
       Classes) Order 1987 (or any Order amending, revoking and re-enacting that
       Order) the premises shall be used as a DIY Store and Garden Centre and for
       no other purpose within Class A1. Goods for sale shall be restricted to those
       necessary for the carrying out of home or garden maintenance and
       improvement. The sale of audio-visual goods, telecommunications and
       computers, household appliances (save where an integral part of a fitted
       assembly, e.g ovens for kitchens) and sporting equipment is prohibited from
       the premises
Reason Given the specific need for this use which has been identified within the
       report, and in order to protect the vitality of Witham Town Centre.

3      Development shall not be commenced until a BREEAM Assessment has
       been carried out indicating that a rating of 'Very Good' can be achieved. The
       development shall be constructed in accordance with the BREEAM
       Assessment and a Post Construction Review shall be carried out in
       accordance with the Building Research Establishment's procedures. Copies
       of the post Construction Review Certificates for the BREEAM Assessment
       shall be submitted to the local planning authority prior to final occupation of
       the development. In seeking to achieve the Very Good rating the credit for
       renewable energy shall be achieved.
Reason In the interest of promoting sustainable forms of development.



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4      Development shall not be commenced until details of external lighting to the
       site has been submitted to, and approved in writing by the local planning
       authority. The details shall include a layout plan with beam orientation and a
       schedule of equipment in the design (Iuminaire type, mounting height, aiming
       angles, luminaire profiles and energy efficiency measures). All lighting shall
       be installed, maintained and operated in accordance with the approved details
       prior to the occupation of the Development. There shall be no other sources
       of external illumination.”
Reason To minimise pollution of the environment and to safeguard the amenities of
       the locality and the appearance of the development.

5      No development shall commence until details of the siting and design of
       spaces identified for internal and external separation, storage and collection
       of waste have been submitted to and approved in writing by the local planning
       authority. Development shall be implemented in accordance with the
       approved details prior to the first occupation of the dwellinghouses and
       thereafter so maintained.
Reason To minimise pollution of the environment and to safeguard the amenities of
       the locality and the appearance of the development.

6      The surface water runoff rate discharged to the existing public sewer shall be
       no greater than 250 l/s
Reason To prevent the increased risk of flooding to surrounding areas.

7      The on site attenuation scheme volume shall be a minimum of 1153cu. m with
       approximately 1105 cu. m provided by underground storage and 48cu. m in
       above ground storage across the car park area. A finalised drainage scheme
       shall be submitted and agreed, in writing, with the Local Planning Authority
       upon confirmation of the final scheme layout. The scheme shall be
       constructed and completed before occupancy of any part of the proposed
       development.
Reason To prevent increased risk of flooding on site to surrounding sites.

8      No more than 2790 sq m shall be occupied as a Class A1 DIY store, and no
       more than 836 sq m shall be occupied as a Garden Centre.
Reason In order to safeguard the vitality and range of goods on offer within Witham
       Town Centre.

9      An additional 5 spaces shall be made available for disabled shoppers, to
       provide for a minimum of 10 disabled or parent/child spaces within the
       development. Details of the location and design of these spaces shall be
       submitted to, and approved in writing by, the local planning authority prior to
       occupation of the store.
Reason To provide sufficient spaces for disabled and less mobile persons and to
       comply with the adopted vehicle parking standards.

Policies:
The Development Plan policies taken into account when deciding this application are
listed below. The policies can be viewed in full at Causeway House or on the
Council’s website – www.braintree.gov.uk

Braintree District Local Plan Review

RLP27     Location of Employment Land
RLP28     Employment Land Provision


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RLP30    Diversity of Industrial and Commercial Premises
RLP33    Employment Policy Areas
RLP36    Industrial and Environmental Standards
RLP49    Pedestrian Networks
RLP50    Cycleways
RLP51    Cycle Parking
RLP52    Public Transport
RLP53    Generators of Travel Demand
RLP54    Transport Assessments
RLP55    Travel Plans
RLP56    Vehicle Parking
RLP62    Development Likely to Give Rise to Pollution or the Risk of Pollution
RLP65    External Lighting
RLP66    Flood Risk in Developed and Urban Areas
RLP69    Sustainable Urban Drainage
RLP70    Water Efficiency
RLP74    Provision of Space for Recycling
RLP76    Renewable Energy
RLP77    Energy Efficiency
RLP90    Layout and Design of Development
RLP110   Retail and Town Centre Development - The Sequential Approach
RLP111   Retail Development
RLP118   Retail Warehouse Development
RLP124   Environmental Improvements in Witham
RLP140   River Walks/Linear Parks and Disused Railway Lines
RLP163   Infrastructure and Community Facilities

The reason(s) for this Decision;

1      The proposed development would not be detrimental to highway safety and is
       in accordance with the above policies in the Development Plan..

2      The design and appearance of the proposed development is considered to be
       acceptable and would not have a detrimental effect on the amenity of
       occupiers of nearby residential properties and is in accordance with the above
       policies in the Development Plan.

In forwarding the decision for this application, I have to draw your attention to
     the following:-

1   In seeking to discharge the external lighting scheme condition you are advised
    that the details submitted should seek to minimise light spillage and pollution and
    maximise energy efficiency. Light units should be flat to ground and appropriate
    timer/sensor controls should also be included as appropriate. The applicant is
    invited to consult with the local planning authority prior to the formal submission
    of details.




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