Variation of Conditions 2, 9, 10 ,11 and 12 of planning permission ref. F/22/94159 to allow for provision of temporary access/egress arrangement (amended description). Original application description: Single storey extension to existing commercial building (Use Class E, excluding E(b), (d), (g) ii, iii and (f)), including refuse and cycle storage.

1. The development hereby permitted shall start no later than three years from the date of planning permission ref. F/22/94159. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2. The development hereby permitted shall be implemented in accordance with the following plans numbered: • 22572-22-01 (Topographical) • 22572-22-02 (Floor plans existing) x 3 • 22572-22-03 (Existing elevations and sections) • 22.3377.105 P9 (Block Plan, Location Plan and Context Elevation) • 22.3377.100 P16 (Proposed Site Plan) • 22.3377.101 P10 (Proposed Ground Floor Plan and Section) • 22.3377.102 P9 (Proposed First Floor Plan) • 22.3377.104 P8 (Proposed Elevations east and west) • 22.3377.103 P9 (Proposed Elevations north and south) • 22.3377.110 P3 (Temporary Access Arrangements) Reason: For the avoidance of doubt and in the interests of proper planning.
3. The development shall be carried out in accordance with the recommendations of the Phase 1 and 2 Land Contamination Assessment (Geo-Logic, August 2023, ref. P48.0.0.), as approved under Conditions application ref. DC/23/95930. 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 off site receptors, in accordance with Policy DM8 of the Eastleigh Borough Local Plan (2016-2036).
4. The development hereby permitted shall not be occupied / brought into use until there has been submitted to the LPA verification by the competent person approved under the provisions of condition 3 that any remediation scheme required and approved under the provisions of condition 3 has been implemented fully in accordance with the approved details (unless varied with the written permission of the LPA in advance of implementation). Unless agreed in writing with the LPA such verification shall accord with UK Land contamination risk management (LCRM) national guidance, and the guidance contained in EA Guidance for the Safe Development of Housing on Land Affected by Contamination - R&D Publication 66: 2008. Typically such a report would comprise: a. A description of the site and its background, and summary of relevant site information, b. a description of the remediation objectives and remedial works carried out c. verification data, including - data (sample locations/analytical results, as built drawings of the implemented scheme, photographs of the remediation works in progress, etc. d. Certificates demonstrating that imported and / or material left in situ is free from contamination, and gas / vapour membranes have been installed correctly. Thereafter the scheme shall be monitored and maintained in accordance with the scheme approved under condition 3. 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 off site receptors, in accordance with Policy DM8 of the Eastleigh Borough Local Plan (2016-2036).
5. The development shall be carried out in accordance with the Construction Environmental Management Plan dated 20 September 2023 (PLC Architects), as approved under Conditions application ref. DC/23/95930. Reason: Reason: To limit the impact of the development on the amenity of the locality and to ensure no adverse impact on protected species.
6. The development shall be carried out in accordance with the Proposed External Materials Schedule dated 10/08/2023 as approved under Conditions application ref. DC/23/95930. Reason: To ensure a high quality design in the interest of visual amenity.
7. a) The landscaping shall be carried out in accordance with the details shown on Plan ref. 3377.106 P10, as approved under Conditions application ref. DC/24/96832. b) The approved landscaping scheme shall be carried out in the first planting season following occupation of the development, or completion of the development (whichever is sooner), and shall thereafter be retained. Planting bed C shall be maintained at a height of 1.5m – 2m. c) If, within a period of 10 years after planting any tree or plant is removed, dies or becomes, in the opinion of the Local Planning Authority, seriously damaged, defective or diseased, another tree or plant of the same species and size as that originally approved shall be planted at the same place within the next planting season, unless the Local Planning Authority gives its written consent to any variation. Reason: To ensure a high quality landscape scheme in the interest of visual amenity and biodiversity.
8. The boundary treatment shall be installed in accordance with the details shown on Plan ref. 22.3377.109 Rev. P1, as approved under Conditions application ref. DC/23/95930. Reason: To ensure a high quality design in the interest of visual amenity, in accordance with Policy DM1 of the Eastleigh Borough Local Plan (2016-2036).
9. The permanent access proposals, including the footway and / or verge crossing, shall be constructed in accordance with details first approved through the S278 process by no later than 6 months following the date of this planning permission. Reason: In the interest of highway safety, in accordance with Policy DM13 of the Eastleigh Borough Local Plan (2016-2036).
10. The redundant northern access from the site to Bournemouth Road shall be permanently stopped up and effectively closed with the footway provided or verge reinstated, in accordance with details that have first been approved through the S278 process, by no later than 6 months following the date of this planning permission. Reason: In the interest of highway safety, in accordance with Policy DM13 of the Eastleigh Borough Local Plan (2016-2036).
11. (a) Prior to first use of the development: i) the S278 Agreement for highway improvements shall be signed; and ii) the temporary access / egress arrangements hereby approved, as shown on Plan ref. 22.3377.110 Rev. P3, shall be implemented in conjunction with Temporary Traffic Regulation Orders to ban right turns in and out of the site onto Bournemouth Road. The temporary access arrangements shall thereafter be retained until the works referenced in part (b) of this condition have been completed; (b) The signal works (including required upgrades, phase changes and pedestrian crossing works) and the pedestrian crossing refuge to the south of the site shall be completed, in accordance with plans and details first approved through the S.278 process, by no later than 6 months following the date of this planning permission. (c) The signal works and pedestrian crossing refuge to the south of the site shall thereafter be retained in accordance with the approved details. Reason: In the interest of highway safety, in accordance with policy DM13 of the Eastleigh Borough Local Plan (2016-2036).
12. Car parking and deliveries shall be managed in accordance with the following details: (a) During the temporary access arrangements, in accordance with the details outlined in the Transport Technical Notes ref. 2208-062/TN06 and 2208-062/TN07 (TPA, December 2024 and January 2025); (b) Thereafter in accordance with the Car Park and Delivery Management Plan ref. 2208-062/CPMP/01 (Transport Planning Associates, September 2023) and Proposed Access, Signage and Directional Arrows Plan ref. 2208-062 PL08 Rev. B, as approved under Conditions application ref. DC/23/95930, unless alternative details are first submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that there is sufficient space on site for the manoeuvring of goods and refuse vehicles, in the interest of highway safety, in accordance with Policy DM13 of the Eastleigh Borough Local Plan (2016-2036).
13. The development shall be implemented in accordance with the Biodiversity Net Gain and Ecological Enhancement Plan ref. C-CGP-002-003 (Arun Ecology Ltd, November 2023), as approved under Conditions application ref. DC/24/96832. Reason: To secure biodiversity enhancements in accordance with Policy DM11 of the Local Plan.
14. Hard surfacing shall be installed in accordance with the hard surface materials shown on Plan ref. 22.3377.106 P2, as approved under Conditions application ref. DC/23/95930, and shall thereafter be maintained. Reason: To ensure suitable drainage and in the interest of visual amenity in accordance with Policies DM1 and DM6 of the Eastleigh Borough Local Plan (2016-2036).
15. The recommendations of the Noise Impact Assessment ref. KR07215, Version 1.2 (KR Associates, 2 February 2023), and Noise Technical Note ref. KR07367 Version 1.3 (KR Associates, 11 January 2024), as approved under Conditions application ref. DC/23/95930, shall be fully implemented prior to first use of the development and thereafter retained. Reason: To ensure that the potential noise impacts of the development would not harm the amenities of neighbouring residents in accordance with Policy DM8 of the Eastleigh Borough Local Plan (2016-2036).
16. Prior to first use of the proposed development, the parking areas shall be provided in accordance with the approved plans and shall thereafter be retained for vehicle parking purposes only. Reason: To ensure adequate parking provision in the interest of highway safety.
17. At no time shall any plant or equipment be installed on the flat roof of the extension hereby permitted. Reason: To protect the visual appearance and amenity of the area in accordance with Policy DM1 of the Eastleigh Borough Local Plan (2016-2036).
18. Unless otherwise agreed in writing by the Local Planning Authority, the use hereby permitted shall not be open to customers outside the hours of 07:00 - 22:00 daily. Reason: To protect the amenity of neighbouring residents and the local area in accordance with Policy DM8 of the Eastleigh Borough Local Plan (2016-2036).
19. No deliveries by any vehicle shall take place outside the hours of 06:00 – 22:00 daily and no deliveries by HGV’s shall take place outside the hours of 08:00 – 22:00 Monday to Friday and 08:00 – 20:00 Saturday, Sunday and public Bank Holidays. Reason: To protect the amenity of neighbouring residents and the local area in accordance with Policy DM8 of the Eastleigh Borough Local Plan (2016-2036).
20. No vegetation clearance shall occur on site during the bird nesting season (1st March to 31st August) unless supervised by a quality ecologist. If any active nests are found, work must stop and the area around the nest must be protected with a suitable buffer until the young have fledged and left the nest. Reason: To prevent disturbance and harm to nesting birds in accordance with Policy DM11 of the Eastleigh Borough Local Plan (2016-2036) and the Wildlife and Countryside Act 1981 (as amended).
21. Prior to first use of the development, secure cycle storage for staff shall be provided on site in accordance with the details shown on Plan ref. 22.3377.109 Rev. P1, as approved under Conditions application ref. DC/23/95930. The cycle storage shall thereafter be installed and retained in accordance with the approved details. Reason: To encourage the use of alternative means of transport to the private car.
22. The development shall be carried out in accordance with the recommendations set out in paragraph 1.2.1 and Section 6 of the Bat Dusk Emergence Survey prepared by Arun Ecology, dated December 2022. Reason: To ensure that if any bats are found, they are suitably protected in accordance with Policy DM11 of the Eastleigh Borough Local Plan (2016-2036) and the Wildlife and Countryside Act 1981 (as amended).
23. Notwithstanding the provisions of Schedule 2, Part A of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, the development hereby permitted shall only be occupied by uses within Class E(a), (c), (e) or (g)(i), unless permission for an alternative use is given by the Local Planning Authority through submission of a formal planning application. Reason: To ensure that the impacts of alternative uses can be properly assessed to protect the amenity of the area and ensure highway safety, in accordance with Policies DM1, DM8 and DM13 of the Eastleigh Borough Local Plan (2016-2036).
24. Prior to first use of the development hereby permitted, a Noise Management Plan for operation and management purposes shall be submitted to and approved in writing by the Local Planning Authority. This shall include: details of vehicle movements, reversing methods and types of reversing alarms; location of loading bays; quiet loading/unloading measures; management of anti-social behaviour; and all other relevant noise controls, attenuating features or operating practices. The development shall thereafter be operated in accordance with the approved Plan. Reason: To protect nearby residents and workers from adverse noise impacts in accordance with Policies DM1 and DM8 of the Eastleigh Borough Local Plan (2016-2036).
25. External lighting shall be installed in accordance with the Outdoor Lighting Report ref. LM250723-1 v4 (Gemma Lighting, 21 September 2023), and the Horizontal Luminance (lux) Plan ref. LM250723-1 v4, as approved under Conditions application ref. DC/23/95930, and shall thereafter be maintained in accordance with the approved details. Reason: To protect the amenity of the area and nearby residents, in accordance with Policies DM1 and DM8 of the Eastleigh Borough Local Plan (2016-2036).
26. At no time shall any site deliveries be undertaken on Bournemouth Road. Reason: In the interest of highway safety, in accordance with Policy DM13 of the Eastleigh Borough Local Plan (2016-2036).
27. The highway works along the site frontage shall be carried out in accordance with the details set out in the Transport Technical Note ref. 2208-062/TN07 (to include closure of the store when required to facilitate the works, as shown in Figure 1.2), unless alternative details are first submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of highway and pedestrian safety, in accordance with Policy DM13 of the Eastleigh Borough Local Plan (2016-2036).
28. Note to applicant: Any new signage for the building may require a separate application for Advertisement Consent.
29. Note to applicant: In the unlikely event of any bats being found during demolition or construction, all work must stop immediately, and Natural England must be informed. Additional information is available on the Bat Conservation Trust website at https://www.bats.org.uk/advice/im-working-on-a-building-with-bats/ive-found-a-bat-during-works.
30. Note to applicant: In accordance with paragraph 38 of the National Planning Policy Framework (July 2021), Eastleigh Borough Council takes a positive approach to the handling of development proposals so as to achieve, whenever possible, a positive outcome and to ensure all proposals are dealt with in a timely manner.

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