Agenda item

Erection of a replacement shop, extension to car park, extension to outside plant sales area, use of ,part of an existing glasshouse for a tearoom/lecture room, and engineering and landscaping works in association with the proposed development (as amended).

Description

Erection of a replacement shop, extension to car park, extension to outside plant sales area, use of part of an existing glasshouse for a tearoom/lecture room, and engineering and landscaping works in association with the proposed development (as amended).

Decision

Planning permission is PERMITTED, subject to the following conditions:

Conditions:

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

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

(2)            The development hereby permitted shall be carried out in accordance with the following approved plans and documents: MSC1654-04G, MSC1654-08E, MSC1654-09A, MSC1654-07B.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans to comply with Policy CS5 of the Core Strategy (2007). 

(3)            The development hereby permitted shall be constructed entirely of the materials as detailed on the schedule of materials on the planning application form and as shown on MSC1654-08E.

Reason: To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM9 and DM10 of the Development Management Policies 2015.

(4)            The development hereby approved shall not be first opened for trading unless and until the proposed vehicular modified access to Reigate Road has been constructed and provided with visibility zones in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority and thereafter the visibility zones shall be kept permanently clear of any obstruction over 1.05m high.

Reason: To ensure that the development does not prejudice highway safety or cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy (2007) and Policy DM35 of the Development Management Policies 2015.

(5)            No development shall take place until a strategy of surface water drainage for the site using a Sustainable Drainage System (SuDS) has been submitted to and approved in writing by the local planning authority. The approved development shall be implemented in accordance with the approved strategy prior to the first use of the building and thereafter retained in that condition.

Reason: To ensure that the principles of sustainable drainage are incorporated into the development and to reduce the impact of flooding in accordance with Policy CS6 of the Epsom and Ewell Core Strategy (2007) and Policy DM19 of the Development Management Policies 2015.

(6)            No area of the development hereby permitted shall be used for the retail sale of goods except for the proposed building (shop), existing building 3.2 and the open sales area identified on Drawing No MSC1654-04G and those areas shall only be permitted to sell such goods in accordance with conditions 7, 8 and 9.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties and to protect the vitality and viability of local centres in accordance with Policy CS15 of the Core Strategy (2007) and Policy DM10 of the Development Management Policies 2015.

(7)            The proposed building (shop), existing building 3.2 and open sales area identified on Drawing No MSC1654-04G must only be used for the sale of plants and for no other purpose (including any other purpose in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) except as permitted by conditions 8 and 9.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties and to protect the vitality and viability of local centres in accordance with Policy CS15 of the Core Strategy (2007) and Policy  DM10 of the Development Management Policies 2015.

(8)            No more than 301m² (20%) of the proposed building (shop), existing building 3.2 and open sales area identified on Drawing No MSC1654-04G shall be used for the sale of products directly related to the horticultural use of the site (excluding plants) together with the sale of goods directly related to indoor and outdoor gardens and gardening unless otherwise agreed in writing with the Local Planning Authority and for no other purpose (including any other purpose in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties and to protect the vitality and viability of local centres in accordance with Policy CS15 of the Core Strategy (2007) and Policy  DM10 of the Development Management Policies 2015.

(9)            The existing building 3.2 (seating area) identified on Drawing No MSC1654-04G must only be used for ancillary A3 café use and for no other purpose and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending those Orders with or without modification), planning permission shall be required in respect of a change of use of the seating area falling within Schedule 2, Part 3, Class A of that Order other than the retail sale of plants.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties and to protect the vitality and viability of local centres in accordance with Policy CS15 of the Core Strategy (2007) and Policy  DM10 of the Development Management Policies 2015.

(10)        There shall be no mezzanine floors or other internal alterations which would increase the gross retail floor space above that permitted, without the prior express grant of planning permission.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties and to protect the vitality and viability of local centres in accordance with Policy CS15 of the Core Strategy (2007) and Policy DM10 of the Development Management Policies 2015.

(11)        The use hereby permitted shall not operate other than between the hours of 09.00 to 18.00 hours.

Reason: To safeguard the residential amenity of neighbouring occupiers in accordance with Policy DM10 of the Development Management Policies 2015.

(12)        No development shall take place until full details, of both hard and soft landscape proposals, including a schedule of landscape maintenance for a minimum period of 5 years, have been submitted to and approved in writing by the local planning authority. The approved landscape scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the first use of the development hereby approved and thereafter retained.

Reason: To ensure the provision, establishment and maintenance of an appropriate landscape scheme in the interests of the visual amenities of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

(13)        No demolition, site clearance or building operations shall commence on site until details of protective fencing and other protection measures as shown on have been submitted and approved in writing by the Local Planning Authority. At all times, until the completion of the development, such fencing and protection measures shall be retained as approved. Within all fenced areas, soil levels shall remain unaltered and the land kept free of vehicles, plant, materials and debris.

Reason: To protect the trees on site which are to be retained in the interests of the visual amenities of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM5 and DM9 of the Development Management Policies 2015.

(14)        No events shall take place until a scheme specifying the provisions to be made for the control of noise emanating from the site, specifically musical events, has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the use hereby approved shall not commence until the approved scheme has been fully implemented and the approved measures shall thereafter be maintained in perpetuity.

Reason: To protect the occupants of nearby residential properties from noise disturbance in accordance with Policy DM10 of the Development Management Policies 2015.

Informative:

(1)            The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of paragraph 186-187 of the National Planning Policy Framework 2012.

(2)            The applicant should consider installing a “no right turn” sign at the vehicular exit to the site. This would assist in preventing a queue of vehicles waiting for both lanes to be free before exiting the site towards the A24.