| Conditions / Reason for Refusal: |
Condition (1) The development to which this permission relates must be begun not later than whichever is the later of the following dates:
a) FIVE YEARS from the date of this permission;
b) 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 matters to be approved.
Application for the approval of the reserved matters must be made not later than THREE years from the date of this permission.
Reason: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.
Condition (2) Details of the access, appearance, landscaping, layout and scale (herinafter called 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.
Reason: To ensure a satisfactory standard of development on site.
Condition (3) For the avoidance of doubt, the outline permission hereby granted does not relate to the indicative plans submitted with the application.
Reason: For the avoidance of doubt and in the interests of proper planning.
Condition (4) The occupation of the dwelling known as 'Rocky Villa' shall be limited to a person solely or mainly employed or last employed in the garage business occupying the application site , or a widow or widower of such a person, or any resident dependants.
Reason: To ensure that the development is compatible with the objectives of Policy CS7.4 of the adopted South Lakeland Core Strategy.
Condition (5)
i. The business floorspace of the live / work units shall be finished ready for occupation before the residential floorspace is occupied and the residential use shall not precede commencement of the business use.
ii. The business floorspace of the live / work unit shall not be used for any purpose other than for purposes within Class [B1] in the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.
iii. The residential floorspace of the live / work unit shall not be occupied other than by a person solely or mainly employed, or last employed in the business occupying the business floorspace of that unit, a widow or widower of such a person, or any resident dependants.
Reason: The residential use is justified only on the basis that it is associated with a work unit.
Condition (6) No development shall take place until full landscaping details have been submitted to and approved in writing by the Local Planning Authority and those works shall be carried out as approved. The details shall include:-
a). A tree survey to identify all trees to be retained on the site together with their root protection areas, those to be removed and those to be repositioned.
B). A tree protection plan and method statement for the protection of retained trees during construction work
c).Hard surfacing materials;
d). Soft landscape works to include a planting plan indicating species, plant sizes and proposed numbers/densities; and an implementation programme. Any trees/shrubs which are removed, die, become severely damaged or diseased within five years of their planting shall be replaced in the next planting season with trees/shrubs of similar size and species to those originally required to be planted unless the Local Planning Authority gives written consent to any variation.
Reason: To safeguard and enhance the character of the area and secure high quality landscaping in accordance with saved Policy S3 of the South Lakeland Local Plan.
Condition (7) No development shall take place until a site investigation of the nature and extent of contamination has been carried out in accordance with a methodology which has previously been submitted to and approved in writing by the Local Planning Authority. The results of the site investigation shall be made available to the Local Planning Authority before any development begins. If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The site shall be remediated in accordance with the approved measures before development begins.
If, during the course of development, any contamination is found which has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the Local Planning Authority. The remediation of the site shall incorporate the approved additional measures.
Reason: To prevent harm to human health and the environment in accordance with Policy EM2 of the Regional Spatial Strategy for the North West.
NOTE (1) ON THE EFFECT OF PLANNING PERMISSION (Section 106):
This Decision Notice is to be read alongside the legal agreement made pursuant to Section 106 of the Town and Country Planning Act 1990, as amended.
REASON FOR GRANTING PLANNING PERMISSION
The redevelopment of the site for a mixed residential and business use is considered to be acceptable in principle and accords with the aims and objectives of the National Planning Policy Framework, and policies CS1.2, CS3 and CS7.4 of the South Lakeland Core Stategy. There are no material considerations that indicate against the proposal.
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