Full Application for the Erection of a Class A1 Food Store (1,804Sq M Gross) with Associated Access, Car Parking and Landscaping

APPENDIX

Application WD/D/16/1603 – hybrid

Land at Chickerell Link Road, Chickerell – full application for the erection of a Class A1 food store (1,804sq m gross) with associated access, car parking and landscaping. Outline application for up to 500 sq m of Use Class A1 to A5 floor space on land to the north of the ALDI store – ALDI stores Ltd

Decision Approved subject to conditions

Full application i. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. Reason: This condition is required to be imposed by Section 91 of the Town and Country Planning Act 1990 (as amended) ii. The development shall be carried out in accordance with the approved plans list. Reason: for the avoidance of doubt and in the interest of proper planning iii. The development hereby permitted shall not be brought into use until the areas shown on the application drawings for vehicular and pedestrian access, cycle parking, manoeuvring space, loading and unloading facilities have been surfaced, marked out and made available for these purposes. Thereafter, these areas shall be maintained, kept free from obstruction and available for the purposes specified. Reason: In the interests of highway safety iv. Full details of the proposed lighting shall be submitted and approved prior to the development commencing. After which the lighting shall be carried out in accordance with the approved details and maintained as such. Those details shall include the following: average illuminance value measured in the horizontal plane; spill level of illuminance for the site and immediate boundaries and highway; height and design of each lighting column and light fitting including suitable shield; lighting shall only operate when the premises is open. Reason: In the interests of local amenity v The noise mitigation methods including acoustic fence shall be installed prior to the use commencing and maintained as such thereafter. Reason: In order to protect neighbouring properties from noise disturbance. vi No deliveries shall be taken at or despatched from the site outside the hours of 07:00 to 22:00 hours Monday to Saturday and 09:00 to 18:00 hours on Sundays and Bank Holidays. Reason: In the interests of local amenity vii The retail unit hereby permitted shall not be open to customers outside of the hours of 08:00 to 22:00 Mondays to Saturdays and 10:00 to 17:00 Sundays and Bank Holidays. Reason: In the interests of local amenity. viii The development shall not be occupied until the mitigation measures detailed in the approved mitigation plan dated 10 Nov 2016 have been completed in full unless any modifications to the agreed mitigation plans as a result of the requirements of a European Protected Species Licence or the results of subsequent bat surveys have first been submitted to and agreed in writing by the local planning authority. Thereafter mitigation measures shall be permanently maintained and retained in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of protected species. ix Before the commencement of development, unless otherwise agreed by the Local Planning Authority, full details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include where relevant: (i) proposed finished levels or contours; (ii) means of enclosure; (iii) car parking layouts; (iv) other vehicle and pedestrian access and circulation areas; (v) hard surfacing materials; (vi) minor artefacts and structures (eg furniture, play equipment, refuse or other storage units, signs, lighting, etc); (vii) proposed and existing functional services above and below ground (eg drainage, power, communications cables, pipelines, etc indicating lines, manholes, supports, etc); (viii) retained historic landscape features and proposals for restoration. If within a period of 5 years from the date of the planting of any tree/plant, that tree/plant or any tree/plant planted in replacement for it, is removed, uprooted or destroyed or dies (or becomes in the opinion of the Local Planning Authority seriously damaged or defective) another tree/plant of the same species and size as that originally planted shall be replanted in the first available planting season unless the Local Planning Authority agrees in writing to any variation. Reason: Landscaping is considered essential in order to preserve and enhance the visual amenities of the locality. x No retained tree/hedge (ie an existing tree/hedge which is to be retained in accordance with the approved plans and particulars) shall be cut down, uprooted, or destroyed; nor shall any retained tree/hedge be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any lopping or topping approved shall be carried out in accordance with British Standard 3998 (Tree Works). If any retained tree/hedge is removed, uprooted or destroyed or dies, another tree/hedge of the same species and size as that originally planted shall be planted in the same place in the first available planting season unless the Local Planning Authority agrees in writing to any variation. Reason: To avoid unnecessary loss of trees or hedges which may be of significant amenity value. xi No development shall take place until a detailed surface water management scheme for the site, based upon the hydrological and hydrogeological context of the development and confirmation of the exiting drainage infrastructure has been submitted to and approved in writing by the local planning authority. The surface water scheme shall be implemented in accordance with the submitted details before the development is completed. Reason: To prevent the increased risk of flooding and to protect water quality. xii No development shall take place until details of maintenance and management of the surface water sustainable drainage scheme have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. These should include a plan for the lifetime of the development, the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime. Reason: To ensure future maintenance of the surface water drainage system and to prevent the increased risk of flooding.

Decision Approve – Outline application i. Before any development is commenced details of reserved matters (that is any matters in respect of which details have not been given in the application and which concern the layout, scale, appearance, access of landscaping) shall be submitted to the Local Planning Authority for their subsequent approval. Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act 1990 (as amended) ii. Application for approval of any reserved matters must be made not later than the expiration of three years beginning with the date of this permission. Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act 1990 (as amended) iii. The development to which this permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or in the case of approval on different dates, the final approval of the last such matter to be approved. Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act 1990 (as amended) iv. The reserved matters application shall include details of the layout for the parking and turning of vehicles, services and delivery area, cycle parking and pedestrian links and no development shall commence until those details have been agreed. Reason: In the interests of highway safety.

Application WD/D/16/1412 – Full

Owermoigne Service Station, 11 Wareham Road, Owermoigne – alterations and extension to service station including enlarged kiosk/shop building with first floor office, new motor vehicle repair workshop, retention of farm shop in former car sales building on permanent basis and reroofing of farm shop with insulated cladding material – Broadwey Motors Ltd

Decision

Approved subject to conditions i. Plans list ii. 3 years time limit iii The garage shop (A1) shall not used as hereby permitted outside of the hours 07:00 - 21:00 Mondays to Saturdays and 08:00 to 21:00 on Sundays and bank holidays. The vehicle repair workshop (B1c) shall not be used as hereby permitted outside of the hours 08:00 to 18:00 Mondays to Fridays and 08:00 to 12:00 Saturdays; the workshop shall not be used at all on Sundays and Bank holidays. REASON: In the interests of neighbouring amenity iv. In the event that contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority and an investigation and risk assessment must be undertaken in accordance with requirements of BS10175. Should any contamination be found requiring remediation, a remediation scheme shall be submitted to and approved by the Local Planning Authority. The approved remediation scheme shall be carried out to a timescale to be first agreed with the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared and submitted which is subject to the approval in writing of the Local Planning Authority. REASON: To ensure risks from contamination are minimised. v. No development shall be commenced until details and samples of all external facing materials for the walls and roofs shall have been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, unless otherwise agreed in writing by the Local Planning Authority the development shall proceed in strict accordance with such materials as have been agreed. REASON: To ensure a satisfactory visual appearance of the development.

Application WD/D/16/0691 – Full

Value House Stores, Mandeville Road, Wyke Regis – demolition of existing buildings and the erection of 37 no dwellings with associated works, including garages, parking, landscaping, open space, footpath links and junction improvements at the junction of Mandeville Road and Camp Road – Abbey Manor Developments

Decision

Delegate authority to the Head of Planning (Development Management & Building Control) to grant planning permission subject to a Section 106 Agreement as regards 35% affordable housing and subject to conditions:

1) 3YRFUL (Standard) The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. Reason: This condition is required to be imposed by Section 91 of the Town and Country Planning Act 1990 (as amended). 2) PLAN1 (Approved Plans) 3) D09E (Materials: Samples) Before the commencement of development, unless otherwise agreed by the Local Planning Authority, details and samples of all facing and roofing materials shall be submitted to, and approved in writing by, the Local Planning Authority and the development shall be completed in accordance with these details. Reason: To ensure that the external appearance of the completed development is sympathetic to its locality. 4) L16G (Landscaping Major) Before the commencement of development, unless otherwise agreed by the Local Planning Authority, full details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include where relevant: (i) proposed finished levels or contours; (ii) means of enclosure; (iii) car parking layouts; (iv) other vehicle and pedestrian access and circulation areas; (v) hard surfacing materials; (vi) minor artefacts and structures (eg furniture, play equipment, refuse or other storage units, signs, lighting, etc); (vii) proposed and existing functional services above and below ground (eg drainage, power, communications cables, pipelines, etc indicating lines, manholes, supports, etc); (viii) retained historic landscape features and proposals for restoration. If within a period of 5 years from the date of the planting of any tree/plant, that tree/plant or any tree/plant planted in replacement for it, is removed, uprooted or destroyed or dies (or becomes in the opinion of the Local Planning Authority seriously damaged or defective) another tree/plant of the same species and size as that originally planted shall be replanted in the first available planting season unless the Local Planning Authority agrees in writing to any variation. Reason: Landscaping is considered essential in order to preserve and enhance the visual amenities of the locality. 5) L12F (Landscaping Implementation) All hard and soft landscaping shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with a programme agreed in writing with the Local Planning Authority. Reason: Landscaping is considered essential in order to preserve and enhance the visual amenities of the locality. 6) L35F (Boundary treatments) Before the commencement of development, unless otherwise agreed by the Local Planning Authority, a plan indicating the positions, design, height, materials and type of boundary treatment to be erected shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be carried out in accordance with the approved details and shall be completed before occupation of the dwellings unless otherwise agreed with the Local Planning Authority. Reason: To safeguard the amenities of the locality and the privacy of the occupiers of adjoining premises. 7) Biodiversity Management Plan The development hereby approved shall be carried out in accordance with the applicants Biodiversity Management Plan agreed with Dorset County Council. and the submitted Extended Phase 1 Ecological Assessment January 2016. Reason: In the interests of protected species and to provide an improved wildlife habitat and facilities for nature conservation. 8) Before the commencement of development, unless otherwise agreed by the Local Planning Authority details of the proposed drainage works (foul and surface water) shall have been submitted to and approved by the Local Planning Authority and the approved drainage scheme shall be completed before occupation of the development. Reason: To ensure that adequate drainage is made to serve the development. 9) Before the commencement of development, the developer shall submit for the written approval of the Local Planning Authority: (a) a 'desk study' report documenting the site history; (b) a site investigation report documenting the ground conditions of the site, and incorporating a ‘conceptual model’ of all potential pollutant linkages, detailing the identified sources, pathways and receptors and basis of risk assessment; (c) a detailed scheme for remedial works and measures to be taken to avoid risk from contaminants/or gases when the site is developed; (d) a detailed phasing scheme for the development and remedial works. The remediation scheme, as agreed in writing by the Local Planning Authority, shall be fully implemented before the development is occupied. Any variation to the scheme shall be agreed in writing with the Local Planning Authority in advance of works being undertaken. On completion of the works the developer shall provide written confirmation that all works were completed in accordance with the agreed details. Reason: To ensure that risks from soil contamination to the future occupants of the development and neighbouring occupiers are minimised, having regard to the National Planning Policy Framework March 2012. 10) Before the commencement of development, a further investigation and risk assessment shall be completed in accordance with a scheme to be submitted to and approved by the Local Planning Authority to assess the nature and extent of any contamination on the site. The investigation and risk assessment shall be undertaken by competent persons and a written report of the findings shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to human health, property (existing or proposed, including buildings, crops, livestock, pets, woodland and service lines and pipes), adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, having regard to the National Planning Policy Framework March 2012. 11) Before the commencement of development, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, having regard to the National Planning Policy Framework March 2012. 12) Before the commencement of development, the approved remediation scheme shall be carried out unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a validation report that demonstrates the effectiveness of the remediation carried out shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, having regard to the National Planning Policy Framework March 2012. 13) Before any dwelling is first occupied details shall be submitted to and approved by the Local Planning Authority showing detailed proposals of positions and design of street lighting columns, for the development and the development shall be completed in accordance with these details Reason: To ensure that adequate street lighting is provided and to in the interests of visual amenity. 14) Before the commencement of development, unless otherwise agreed by the Local Planning Authority, a landscape management plan, including long term management responsibilities for the open space and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved. Reason: To ensure that adequate on going maintenance is afforded to these areas. 15) The development hereby permitted shall not be occupied until the access road and highway layout, parking and turning areas shown on the approved site plan Drawing Number 3527/002 RevD have been constructed, unless otherwise agreed in writing by the Local Planning Authority. Thereafter, these shall be maintained, kept free from obstruction and available for the purposes specified. Reason: In the interests of road safety Informative Note: The applicant is advised that, notwithstanding this consent, if it is intended that the highway layout be offered for public adoption under Section 38 of the Highways Act 1980, the applicant should contact Dorset County Council’s Development team. They can be reached by telephone at 01305 225401, by email at [email protected], or in writing at Development team, Dorset Highways, Environment and the Economy, Dorset County Council, County Hall, Dorchester, DT1 1XJ. This development constitutes Community Infrastructure Levy 'CIL' liable development. CIL is a mandatory financial charge on development and you will be notified of the amount of CIL being charged on this development in a CIL Liability Notice. To avoid additional financial penalties it is important that you notify us of the date you plan to commence development before any work takes place and follow the correct CIL payment procedure.

Application WD/D/16/1971- full

15 East Street, Chickerell – removal of existing single storey lean-to and erect single storey lean-to extension, provision of first floor extension and associated internal/external works – Mr G Webb

Decision (against officer recommendation)

Refuse The proposed first floor extension would have an unduly dominating and overbearing impact on the neighbouring ground floor kitchen window at 17 East Street resulting in loss of light to that window thereby adversely affecting the amenity of that neighbour. This would be contrary to Policy ENV16 of the adopted West Dorset and Weymouth & Portland Local Plan.

Reason for decision against officer recommendation - as set out above.

Application WD/D/16/1870 - listed building and WD/D/16/1872 – full

63 Cheap Street, Sherborne – insert new sash window – Swanmore Estates

Decision (Full and listed building consent) (against officer recommendation)

Refuse The proposal fails to preserve or enhance the Listed Building and is harmful to the listed building in terms of the loss of historic fabric which has not been fully justified and inappropriate design. The window is poorly proportioned with a glazing pattern that is not in character with the building. The proposal is therefore considered to be contrary to Policies ENV4 and ENV 12 of the West Dorset, Weymouth and Portland Local Plan.

Reason for decision against officer recommendation - as set out above

Application WD/D/16/1494 – advertisement

Thomas Hardye Hall, Weymouth Avenue, Dorchester – Fascia signage and vinyl entrance signage bearing the Anytime Fitness logo – Anytime Fitness.

Decision

Approve subject to conditions i. Plans list ii-vi Standard advert conditions vii. Signs A to D hereby approved shall only be fixed to the building by being plugged and screwed into the mortar joints of the brickwork.

Reason: To protect the significance of the heritage asset

Application WD/D/16/2008 – full

3 Mellstock Avenue, Dorchester – construct brick walls and piers. Erect metal railings and gates along the south boundary and reconstruct the drive and parking area and lay block paviors – Mr and Mrs Rzepski

Decision (against officer recommendation)

Refuse The proposed boundary wall and railings would interrupt the open character of street frontages in the area, providing a dominating and unfriendly façade. The proposed boundary would form an incongruous feature, which would integrate poorly with the distinctiveness of the local area. As such, it would be a detriment to visual amenity and would be contrary to Policy ENV10 of the West Dorset, Weymouth and Portland Local Plan (2015). Reason for decision against officer recommendation - as set out above.

Application WD/D/16/0483 – full

The Grange, Folke Lane, Alweston, Sherborne – convert existing tractor/implement building to holiday let as incidental use to the main dwelling house – Mrs Jacky Wells

Decision

Approve subject to conditions i. Plans list condition ii. Three years time condition iii. The proposed conversion hereby approved shall be used for holiday purposes only and shall not be used as the main, or sole, residence of the occupier or other persons. REASON: Given the location of the site outside of a DDB, the use of the building as an unrestricted private dwelling house would be unsustainable and inappropriate. iv. A register of all persons occupying the holiday accommodation hereby approved shall be kept by, or on behalf of, the owner/ owners of the holiday accommodation. The said register shall be made available for inspection during all reasonable hours at the request of a duly authorised officer of the Local Planning Authority, for such time as the development continues to be used as holiday accommodation. REASON: To ensure that the accommodation is used for holiday purposes only. v. The development hereby approved shall be carried out in strict accordance with the recommendations/on-site enhancement measures contained within the approved Biodiversity Mitigation Plan (BMP) (undertaken by Lowans Ecology and Associates). Furthermore, the nests as detailed in the BMP shall be erected prior to first use of the holiday accommodation hereby approved and shall be retained thereafter. REASONS: In the interests of protected species.