Tewkesbury Borough Council PERMISSION TOWN AND COUNTRY PLANNING ACT, 1990 FOR DEVELOPMENT

In pursuance of their powers under the above mentioned Act, the Borough Council as Local Planning Authority HEREBY PERMIT the development described hereunder in accordance with the submitted application and the accompanying plan(s), but subject to the conditions hereunder stated.

APPLICATION NO: 12/00974/FUL APPLICATION DATE: 30.01.2013

TO: Chamberlayne Developments C/O Millar Howard Workshop Ltd 1 Bath Road Nympsfield Stonehouse Glos GL10 3UQ F.A.O Mr Tom Howard

DESCRIPTION OF LAND: Chamberlayne Farms Ltd Ashleworth Court The Quay Ashleworth Gloucester GL19 4JA

DESCRIPTION OF DEVELOPMENT: Removal of low-grade agricultural buildings next to the Ashleworth Tithe Barn. Proposed new pavilion building and change of use of barn to a wedding venue. Proposed creation of car parking area in field and formation of the footpath from Tithe Barn to village. Erection of replacement boardwalk to barn.

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Conditions Attached to Permission:-

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2 All windows and doors shall either be left untreated and left to weather naturally or shall be finished in a colour to be first approved in writing by the Local Planning Authority and shall thereafter be maintained in the approved colour unless an alternative is approved in writing by the Local Planning Authority.

3 Building operations shall not be commenced until samples of all external materials (including surfacing materials) proposed to be used on the pavilion, boardwalk and courtyard have been submitted to and approved by the Local Planning Authority and all materials used shall conform to the sample(s) so approved.

4 The proposed walling for the new buildings shall be constructed in strict accordance with details of coursing, jointing, texture relief and colour to be submitted to and approved in writing by the Local Planning Authority and such details to be demonstrated by the prior construction of a sample panel. The panel shall be retained on site until the completion of the walling.

5 Notwithstanding the submitted information, no works shall commence until a detailed method statement detailing how the existing agricultural building attached to the East elevation of the Tithe Barn will be removed has been submitted to and approved in writing by the Local Planning Authority.

6 All disturbed fabric shall be made good to match the existing building.

Continued …

7 Prior to the business being brought into use, secured and covered cycle storage and parking facilities for a minimum of 8 bicycles shall be provided within the curtilage of the site and such provision shall be permanently retained and maintained thereafter.

8 Notwithstanding the submitted details, no works shall commence on site until full engineering details of the proposed highway improvements works have been submitted to and approved in writing by the Local Planning Authority, the works shall then be completed in accordance with the plans so approved prior to the business being brought into use and retained thereafter unless and until adopted as highway maintainable at public expense.

9 Prior to the business being brought into use the car parking and manoeuvring facilities shall be completed in all respects in accordance with the submitted details and shall be similarly maintained thereafter for that purpose.

10 No siteworks shall commence until such time as a temporary car parking area for site operatives and construction traffic has been laid out and constructed within the site and that area shall be retained available for that purpose for the duration of building operations.

11 Prior to the business being brought into use, the submitted Travel Plan shall be implemented in full, in accordance with the details contained therein and shall be adhered to for the duration of the development.

12 Notwithstanding the submitted information and before the development is brought into use, a noise mitigation scheme shall be submitted to and agreed in writing by the Local Planning Authority which specifies the provisions to be made for the control of noise emanating from the site. The noise mitigation scheme shall be implemented prior to use of the site. The scheme should be maintained and shall not be altered without the prior written approval of the local planning authority.

13 All regulated entertainment and live music shall cease at 00:00 (midnight).

14 No development shall take place within the application site until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.

15 Development shall not commence until details of the replacement safe exit route, not adversely affecting the flood regime, to land outside the 1 in 100 year flood plain, are submitted to and agreed in writing by the local planning authority. This route must be available and unobstructed at all times.

16 The works hereby permitted shall be implemented strictly in accordance with the recommendations detailed at 6.0 of the Flood Risk Assessment received 27th September 2012, unless otherwise approved in writing by the Planning Authority.

17 The development hereby permitted shall not commence until full drainage plans for the disposal of surface water and foul sewage have been submitted to and approved in writing by the Local Planning Authority. The scheme shall thereafter be implemented in accordance with the approved details.

18 No development/site works shall take place until a detailed Bat Mitigation Strategy has been submitted to and approved in writing by the Local Planning Authority. The Scheme shall be based on the recommendations contained in the Bat Survey and Assessment report received by the Local Planning Authority on 13th November 2012. The measures shall be implemented in accordance with the approved measures of the Bat Mitigation Strategy unless otherwise approved in writing by the Local Planning Authority.

19 Notwithstanding the submitted plans, no part of the development shall be commenced until a detailed lighting scheme (providing manufacturers details and illumination levels) has been submitted to and approved in writing by the Local Planning Authority. Lighting shall thereafter be provided and maintained in accordance with the approved scheme.

20 The proposed use shall be for Wedding Functions only and not for any other purpose within Use Class D2.

Continued …

21 Notwithstanding the submitted plans, no development shall start on site until details of earthworks have been submitted to and approved by the Local Planning Authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform.

22 Notwithstanding the submitted plans, no development shall start until there has been submitted to and approved in writing by the Local Planning Authority a comprehensive scheme of landscaping, which shall include indications of all existing trees (including spread and species) and hedgerows on the land and details of any to be retained together with measures of their protection during the course of development. The scheme shall also include details of landscape design proposals

 hard surfacing materials including geo-textile  planting plans with specifications for plant establishment  schedules of plants, noting species, planting sizes and proposed numbers/densities  implementation timetable

The scheme of landscaping shall be implemented in accordance with the approved programme for implementation. Any trees/plants that are removed, die or become damaged within five years of planting shall be replaced with similar size and species. The proposed scheme shall follow the code of practice for general landscape operations and recommendations with BS4428:1989

23 All existing hedgerows to be retained shall be protected from damage for the duration of road works. The protection measures shall accord with British Standards BS5837:2012. Any part of the hedgerow that is removed, die or become damaged during the course of the development or within five years of planting shall be replaced with similar size and species.

24 Use of the proposed development for wedding functions shall be restricted to Wednesdays to Sundays plus bank holidays between the hours of 12:00 (midday) and 00:00 (midnight).

Reasons for the Conditions:-

1 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 To ensure that the appearance of the proposed works will be in keeping with the special architectural and historic character of the listed building and appearance on the area, in accordance with Policy NHE6 of the Gloucestershire Structure Plan Second Review and policy LND3 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

3 To ensure that the appearance of the proposed works will be in keeping with the special architectural and historic character of the listed building and appearance on the area, in accordance with Policy NHE6 of the Gloucestershire Structure Plan Second Review and policy LND3 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

4 To ensure that the appearance of the proposed works will be in keeping with the special architectural and historic character of the listed building and appearance on the area, in accordance with Policy NHE6 of the Gloucestershire Structure Plan Second Review and policy LND3 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

5 To ensure that the appearance of the proposed works will be in keeping with the special architectural and historic character of the listed building and appearance on the area, in accordance with Policy NHE6 of the Gloucestershire Structure Plan Second Review and policy LND3 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

6 To ensure that the appearance of the proposed works will be in keeping with the special architectural and historic character of the listed building and appearance on the area, in accordance with Policy NHE6 of the Gloucestershire Structure Plan Second Review and policy LND3 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

Continued …

7 To ensure that adequate cycle storage facilities are provided in line with the Governments declared aims towards sustainable modes of travel, in accordance with the NPPF.

8 In the interests of highway safety in accordance with policy TPT1 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

9 To ensure there is adequate parking available within the curtilage of the site, in the interests of highway safety in accordance with policy TPT1 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

10 To ensure that the access roads in the vicinity of the site are kept free from construction traffic in the interests of highway safety in accordance with policy TPT1 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

11 To encourage sustainable forms of transport and reduce car single occupancy, in accordance with Section 4 of the NPPF.

12 To protect the amenities of nearby residential property and in the interests of visual amenity in accordance with Policies P1 and NHE6 of the Gloucestershire Structure Plan Second Review and Policy EVT2 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

13 To protect the amenities of nearby residential property in accordance with Policy P1 of the Gloucestershire Structure Plan Second Review and Policy EVT2 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

14 To make provision for a programme of archaeological mitigation, so as to record and advance understanding of any heritage assets which will be lost, in accordance with paragraph 141 of the National Planning Policy Framework.

15 To provide safe access and egress during flood events and reduce reliance on emergency services, in accordance with policy EVT5 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

16 To provide safe access and egress during flood events and reduce reliance on emergency services, in accordance with policy EVT5 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

17 To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk creating or exacerbating a flooding problem and to minimise the risk of pollution, in accordance with policy EVT5 of the Tewkesbury Borough Local Plan - to 2011 - March 2006.

18 To ensure appropriate mitigation measures are implemented with regards to wildlife and protected species on and adjoining the site in accordance with NCN5 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

19 To protect the amenities of nearby residential property and in the interests of visual amenity in accordance with Policies P1 and NHE6 of the Gloucestershire Structure Plan Second Review and Policy EVT2 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

20 In the interests of highway safety in accordance with policy TPT1 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

21 In the interest of amenity and retention of the existing vegetation around the site, in accordance with the NPPF.

22 To ensure that the new development will be visually attractive in the interests of amenity, in accordance with the NPPF.

23 To ensure the health and stability of the hedgerows during the construction period in the interests of amenity , in accordance with the NPPF.

24 To protect the amenities of nearby residential property in accordance with policy P1 of the Gloucestershire Structure Plan Second Review and policy EVT2 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

Continued …

Notes:-

1 Contact should be made with the licensing department at Tewkesbury Borough Council as a Premises License will be required.

2 In accordance with the requirements of the NPPF the Local Planning Authority has worked with the applicant in a positive and proactive manner in order to secure sustainable development which will improve the economic, social and environmental conditions of the area by negotiating to improve the design, resolve potential amenity conflicts and address highway and heritage issues.

3 The Local Highway Authority will require the developer to enter into a legally binding agreement to secure the proper implementation of the proposed highway works including an appropriate bond

4 Where the development does not directly involve a public right of way, it may be likely that ancillary works, such as the storage of materials and plant, or vehicular access routes, may do so.

(i) Planning Approval does not authorise use of motor vehicles on public rights of way, either during building operations, or thereafter, by private occupancy.

(ii) Planning Approval does not authorise the position or width of public rights of way to be varied in any way on development sites.

(iii) Planning Approval does not authorise the erection of new boundaries, across public rights of way, whether stiles or gates are provided or not. You are advised to consult the Highway Authority on these matters

5 This decision relates to the revised plans and information received by the Local Planning Authority on 1st February 2013, 7th February 2013 and 15th February 2013.

Summary of reasons for decision:-

The proposed development would bring significant improvements to the setting of the listed buildings by replacing the existing, highly unsympathetic and intrusive buildings with a building of a high quality design. Furthermore, the proposed replacement boardwalk and works to the existing listed building would also be of benefit. The impact of the proposal upon neighbouring properties has carefully been assessed and it is considered that, subject to conditions, there would not be an undue impact upon their amenity. The proposal would also add to the vitality of the local rural economy. The impact of the proposal upon highway safety has been considered and, subject to conditions, the proposal would not have a detrimental impact on highway safety. The proposals would also not exacerbate flood risk and would have an acceptable impact on ecology. For these reasons the proposal is considered to accord with the NPPF, Policies S1, S3, S6, S7, F1, P1, T1, T3, T8, NHE6 of the Gloucestershire Structure Plan Second Review and Policies TPT1, EMP4, AGR7, EVT2, EVT3, EVT5, LND3 and LND7 of the Tewkesbury Borough Local Plan to 2011 - March 2006.

Summary of the Development Plan policies and proposals relevant to the decision:-

National Planning Policy Framework (NPPF) The Planning (Listed Buildings & Conservation Areas) Act 1990 Section 66 Structure Plan Second Review - S.4, S.6, S.7, E.4, NHE.6, NHE.7, T.1, T.2, T.3, T.8, P.1, F.1 Tewkesbury Borough Local Plan to 2011 - March 2006 - EMP4, TPT1, TPT3, TPT6, EVT2, EVT3, EVT5, LND3, NCN3.

Date: 02.04.2013

Director of Development duly authorised in that behalf ______

N.B. It is important that you should read the notes on the reverse/attached with this form * * This decision is not an approval under Building Regulations – refer to Note * *

NOTES

APPEALS TO THE DEPARTMENT FOR COMMUNITIES AND LOCAL GOVERNMENT (DCLG)

If the applicant is aggrieved by the decision of the Local Planning Authority to grant permission for the proposed development subject to conditions then you can appeal to the DCLG, 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 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 from the appeals area on www.planningportal.gov.uk. Some personal information will be displayed on this website please contact the Planning Inspectorate if you have any concerns

The DCLG 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 DCLG 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 they imposed, having regard to the statutory requirements, to the provisions of the Development Order and to any directions given under a Development Order.

In practice, the DCLG does not refuse to consider appeals solely because the Local Planning Authority based their decision on a direction given by him.

PURCHASE NOTICES

If permission to develop land is refused or granted subject to conditions, whether by the Local Planning Authority or by the Secretary of State and the owner of the claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he may serve on the Borough Council, a purchase notice requiring 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.

OTHER INFORMATION

This permission relates to planning control only. Any other statutory consent necessary must be obtained from the appropriate authority. Building Regulations consent for the development may be necessary and you should approach the Building Control section within the Department of Borough Development of the Borough Council for information.

If the work authorised by this permission involves the alteration to an access or the crossing of the highway verge or kerb, you are requested to consult the County Highways Divisional Manager before commencing such work. The address of the Gloucestershire Highways, Imperial Gate Business Park, Corinium Avenue, Barnwood, Gloucester, GL4 3BW

If the work authorised by this permission requires the supply of utility or other public services, you are requested to contact the appropriate statutory or other undertaker as soon as possible following the receipt of this decision. Failure to do so may result in a delay in the provision of these services.

Attention is drawn to the fact that any failure to adhere to the details of approved plans or to comply with conditions attached to consents constitutes a contravention of the provisions of the Town and Country Planning Act, 1990 in respect of which enforcement action may be taken.

Any further information concerning this decision can be obtained from the Director of Development, Tewkesbury Borough Council, Council Offices, Gloucester Road, Tewkesbury, Glos, GL20 5TT. Please quote the reference number of this permission in any correspondence.

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