Variation of Condition 1 (Approved Plans) on application 20/0028/VAR to include the installation of PV Panels to roof, extraction flue, EV charging points and removal of chimney (part retrospective)

1. Approved Plans The development hereby approved shall be carried out in complete accordance with the plans and specifications detailed below and shall relate to no other plans: a) Location Plan – Planning, drawing no. 912 505; b) Planning Drawing Proposed Site Plan, drawing no. MAB15 AP01 rev. H; c) Planning Drawing Proposed Elevations, drawing no. MAB15 AP05 rev. B; d) Planning Drawing Proposed Elevations, drawing no. MAB15 AP06 rev. B; e) Planning Drawing Proposed Ground and First Floor Plans, drawing no. MAB15 AP02 rev. C; f) Planning Drawing Proposed Roof Plan, drawing no. MAB15 AP03 rev. C; g) Kitchen Extract, UV-0 Range, 500/1000, received 12th September 2024; h) ValkPVplanner Project Report, reference no. MAB-Nunthorpe dated 05-02-2024; i) GSE In-roof System Battening Plans for Landscape and Portrait Frames V3.0, received 20th August 2024; j) Generic Design VR13 Earthing Arrangement (200A Supply), drawing no. ULF-0001 Sheet 1 V1 rev. P3; k) Ingeteam Rapid 60 Installation and Operation Manual, reference no. 300000772 10/2023; l) Service/Delivery Noise Impact Assessment, report no. P17-239-R01v1; m) Landscape Maintenance Requirements, reference no. C01, rev. 1 dated 29-09-23; n) Proposed Landscape Plans – New Build, drawing no. Nunth rev. D; o) External Lighting – Layout, drawing no. P186-1041-B; and, p) Schedule of Proposed Materials, reference no. MAB15. Reason: For the avoidance of doubt and to ensure that the development is carried out as approved.
2. Fixed Plant and Machinery Before any fixed plant and machinery, including refrigeration and air conditioning equipment, is used on the premises it shall be installed and maintained so as to minimise the transmission of airborne and structure-borne sound in accordance with the Noise Impact Assessment Report No. 22121.01v1, dated January 2014. Reason: To ensure a satisfactory form of development
3. Deliveries No deliveries shall be taken or despatched from the premises outside the hours of 8:00am to 7:00pm Monday to Saturday, 9:30am to 6:30pm Sundays nor at any time on Bank holidays or Public Holidays Reason: In the interests of the amenity of the area.
4. Opening Hours The use hereby approved shall not be open to customers outside the hours of 11:00am to 00:30am Monday to Sunday, Bank Holidays and Public Holidays Reason: In the interests of the amenity of the area.
5. Replacement Tree Planting If within a period of five years from the date of the planting of any tree that tree, or any tree 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 of the same species and size as that originally planted shall be planted at the same place, unless the local planning authority gives its written consent to any variation. Reason: In the interests of the general amenities of the area.
6. Hedges or Hedgerows All hedges or hedgerows on the site unless indicated as being removed shall be retained and protected on land within each phase in accordance with details submitted to and approved in writing by the local planning authority for the duration of works on land within each phase unless otherwise agreeing in writing by the local planning authority. In the event that hedges or hedgerows become damaged or otherwise defective during such period the local planning authority shall be notified in writing as soon as reasonably practicable. Within one month a scheme of remedial action, including timetable for implementation shall be submitted to the local planning authority. The approved scheme shall be implemented in accordance with the approved timetable. Any trees or plants which within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Reason: To ensure avoidance of damage to existing hedgerows and natural features during the construction phase, to enable the development to integrate into the landscape.
7. Noise Assessment The development shall be carried out in full accordance with the details and specifications within the Servicing/Delivery Noise Impact Assessment report No. P17-239-R01v1 May 2017 including the erection of the acoustic fence to the rear yard which shall be constructed and maintained on site. Reason: To ensure a satisfactory form of development and in the interests of the amenities of residents.
8. Reason for Approval This application is satisfactory in that the variations to the design of the building and associated works (including the removal of a chimney stack, erection of solar panels, a flue and electric vehicle charging points) accords with the principles of the National Planning Policy Framework (NPPF) and, where appropriate, the Council has worked with the applicant in a positive and proactive way in line with paragraphs 186-187 of the NPPF. In addition the public house accords with the local policy requirements (Policies DC1, CS4, and CS5 of the Council's Local Development Framework). In particular the variations and associated works are designed so that their appearance is complementary to the surrounding residential area and so that it will not have a detrimental impact on the amenity of any adjoining or nearby residents. The variations and associated works will be consistent with the rural setting and will not prejudice the appearance of the area. The variations and associated works do not significantly affect any landscaping nor prevent adequate and safe access to the residential area. The application is therefore considered to be an acceptable form of development, fully in accordance with the relevant policy guidance and there are no material considerations, which would indicate that the development should be refused.
9. The extraction system, including the flue, should be maintained in accordance with the manufacturers guidelines.
10. Flue (Kitchen Extract) The flue hereby approved identified as no. 9 on Planning Drawing Proposed Elevations, drawing nos. MAB15 AP05 rev. B and MAB15 AP06 rev. B, shall be maintained to ensure it is painted black in perpetuity. Reason: To protect the visual amenity of the area and in the interests of resident’s amenity having regard for policies CS4, CS5, DC1 and section 12 of the NPPF.

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