Agenda item

PERMISSION

Description of application - Change of use from former Royal British Legion Club to convenience food retailer.

Oral representations in objection to and in support of the application were received at the meeting.

Comments from Ward Members, Councillors Katy Boughey, Eric Bosshard and Ian Payne were reported at the meeting.

It was reported that further objections to the application had been received.

It was reported that comments had been received from the Chislehurst Society, the British Legion and Planning Policy Officers.

With regard to the need for a youth club in Chislehurst, Councillor Simon Fawthrop drew Members' attention to the applicant's offer to provide full development management services, including funding of planning, design and project management services as a donation to the Chislehurst community.  Alternatively, the applicant would be prepared to offer a monetary donation of £20,000.

Members having considered the report, objections and representations RESOLVED that PERMISSION BE GRANTED as recommended, subject to the following conditions and informative:-

1. The development to which this permission relates must be begun not later than the expiration of 3 years, beginning with the date of this decision notice.

REASON: Section 91, Town and Country Planning Act 1990.

2.  Before commencement of the use of the land or building hereby permitted parking spaces and/or garages and turning space shall be completed in accordance with the approved details and thereafter shall be kept available for such use and no permitted development whether permitted by the Town and Country Planning (General Permitted Development Order 1995 (or any Order amending, revoking and re-enacting this Order) or not shall be carried out on the land or garages indicated or in such a position as to preclude vehicular access to  the said land or garages.

REASON: In order to comply with Policy T3 of the Unitary Development Plan and to avoid development without adequate parking or garage provision, which is likely to lead to parking inconvenient to other road users and would be detrimental to amenities and prejudicial to road safety.

3. The use shall not operate before 07:00 nor after 22:00 Monday to Saturday nor before 10:00 or after 22:00 on Sundays.

REASON: In the interests of the amenities of local residents and to comply with Policy BE1 of the Unitary Development Plan.

4. Before any part of the development hereby permitted is first occupied the access to Green Lane shall be provided with 3.3m x 2.4m visibility splays and there shall be no obstruction to visibility in excess of 1.0m in height within these splays except for trees selected by the Local Planning Authority, and which shall be permanently retained thereafter.

REASON:  In order to comply with Policy T18 of the Unitary Development Plan and in the interest of pedestrian and vehicular safety.

5. While the development hereby permitted is being carried out a suitable hardstanding shall be provided with wash-down facilities for cleaning the wheels of vehicles and any accidental accumulation of mud of the highway caused by such vehicles shall be removed without delay and in no circumstances be left behind at the end of the working day.

REASON:  In the interest of pedestrian and vehicular safety and in order to comply with Policy T18 of the adopted Unitary Development Plan.

6. The car parking area hereby permitted shall be used only by customers and employees of the premises at the application site and for servicing of the said premises hereby permitted.

REASON: Development without adequate parking or garage provision is likely to lead to parking inconvenient to other road users and to be detrimental to amenities and prejudicial to road safety and would not comply with Policy T3 and Appendix II Unitary Development Plan. 

7. Before any part of the development hereby permitted is first occupied, bicycle parking (including covered storage facilities where appropriate) shall be provided at the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority, and the bicycle parking/storage facilities shall be permanently retained thereafter.

REASON: In order to comply with Policy T7 and Appendix II.7 of the Unitary Development Plan and in order to provide adequate bicycle parking facilities at the site in the interest of reducing reliance on private car transport.

8. Details of a scheme to light the access drive and car parking areas hereby permitted shall be submitted to and approved in writing by the Local Planning Authority before the development hereby permitted is commenced. The approved scheme shall be self-certified to accord with BS 5489 - 1:2003 and be implemented before the development is first occupied and the lighting shall be permanently retained thereafter.

REASON: In order to comply with Policy T3 and Appendix II of the Unitary Development Plan in the interest of visual amenity and the safety of occupiers of and visitors to the development.

9. The existing access shall be stopped up at the back edge of the highway before any part of the development hereby permitted is first occupied in accordance with details of an enclosure to be submitted to and approved in writing by the Local Planning Authority.  The approved enclosure shall be permanently retained as such.

REASON: In order to comply with Policy T11 of the Unitary Development Plan and in the interest of pedestrian and vehicular safety.

10. Before commencement of the use of the development hereby permitted the service yard and turning space shall be completed in accordance with the approved details and thereafter shall be kept available for such use at all times and no development whether permitted by the Town & Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking and re-enacting this Order) or not shall be carried out in the service yard or in such a position as to preclude vehicular access to or manoeuvring in the said yard.

REASON:  Development without adequate servicing facilities is likely to lead to vehicle manoeuvres inconvenient to other road users and be detrimental to the free flow of traffic and conditions of safety in the highway and would not comply with Policy T17 of the Unitary Development Plan.

11. Whilst the development hereby permitted is being carried out, provision shall be made to accommodate operatives and construction vehicles off-loading, parking and turning within the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority and such provision shall remain available for such uses to the satisfaction of the Local Planning Authority throughout the course of development.

REASON: In the interests of pedestrian and vehicular safety and the amenities of the area and to accord with Policy T18 of the Unitary Development Plan.

12. Prior to the commencement of the development hereby permitted a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The Plan shall include measures of how construction traffic can access the site safely and how potential traffic conflicts can be minimised; the route construction traffic shall follow for arriving at and leaving the site and the hours of operation, but shall not be limited to these. The Construction Management Plan shall be implemented in accordance with the agreed timescale and details.

REASON: In order to comply with Policy T5, T6, T7, T15, T16 & T18 of the Unitary Development Plan and in the interest of the amenities of the adjacent properties.

13. Surface water from private land shall not discharge on to the highway. Details of the drainage system for surface water drainage to prevent the discharge of surface water from private land on to the highway shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of works. Before any part of the development hereby permitted is first occupied, the drainage system shall be completed in accordance with the approved details and shall be retained permanently thereafter.

REASON: To ensure a satisfactory means of surface water drainage and to accord with Policy ER13 of the Unitary Development Plan.

14. Prior to commencement of the development hereby permitted a Service and Delivery Plan shall be submitted to and approved in writing by the Local Planning Authority.  The Service and Delivery Plan shall be implemented in accordance with the agreed details.

REASON: In order to comply with Policy T18 of the Unitary Development Plan and in the interests of vehicle and pedestrian safety and the free flow of traffic in Green Lane, and in the interests of the amenities of local residents to comply with Policy BE1 of the Unitary Development Plan.

INFORMATIVE

1.  There are public sewers crossing this site and no building works will be permitted within 3 metres of the sewers without Thames Water’s approval.  Should a building over/diversion application form, or other information relating to Thames Water’s assets be required, the applicant should be advised to contact Thames Water Developer Services on 0845 850 2777.