Council planning record

Variation of condition(s) 2 - Plans, 4 - Landscaping and 12 - Parking - attached to R22/0286 - Erection of a drive-thru retail unit (flexible Class E(b) / Sui Generis Use) and associated alterations to the car park

Elliots Field Shopping Park, Leicester Road, Rugby, Warwickshire, CV21 1SR

Decision MadeReference: R25/0601Rugby Borough Council

Last published check: 4 Oct 2026, 13:37. Check the council record for more recent changes.

Application location

Elliots Field Shopping Park, Leicester Road, Rugby, Warwickshire, CV21 1SR

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Application summary

Status
Decision Made
Application type
8 Weeks PA
Received
9 Jul 2025
Validated
15 Jul 2025
Determination deadline
3 Sept 2025
Local authority
Rugby Borough Council

Application overview

Variation of condition(s) 2 - Plans, 4 - Landscaping and 12 - Parking - attached to R22/0286 - Erection of a drive-thru retail unit (flexible Class E(b) / Sui Generis Use) and associated alterations to the car park

Proposal details

Reference
R25/0601
Alternative references
PP-14113464
Ward
Newbold & Brownsover
Parish
Unparished
Agent
James Parrott
UPRN
100071578108

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Documents 18 of 18

DocumentPublishedAction
Covering letter R'cd 09.07.2025Supporting InformationNot publishedView
Flood risk assessment R'cd 09.07.2025Flood Risk AssessmentNot publishedView
File Size: 81892, HREF: , Reference: Other relevant informationPlanning StatementNot publishedView
Elevations - Proposed R'cd 09.08.2025Proposed PlansNot publishedView
Elevations - Proposed R'cd 09.08.2025Proposed PlansNot publishedView
Roof Plan - Proposed R'cd 09.07.2025Proposed PlansNot publishedView
Floor plan R'cd 09.07.2025Floor PlansNot publishedView
Block Plan R'cd 09.07.2025Block PlanNot publishedView
The location plan R'cd 09.07.2025Site Location PlanNot publishedView
Application Form - Without Personal Data R'cd 09.07.2025Application FormNot publishedView
Proposed Site LayoutAmended Plans14 Aug 2025View
Proposed Ground FloorAmended Plans14 Aug 2025View
Proposed ElevationsAmended Plans14 Aug 2025View
Proposed ElevationsAmended Plans14 Aug 2025View
Proposed Site LayoutAmended Plans18 Sept 2025View
Proposed Ground Floor PlanAmended Plans18 Sept 2025View
Decision NoticeDecision Notice25 Sept 2025View
Decision NoticeDecision Notice25 Sept 2025View

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Application timeline

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  1. Application date

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  2. Received date

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  3. Registration date

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  4. Press notice start date

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  5. Site notice date

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  6. Valid date

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  7. Consultation expiry date

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  8. Publicity end date

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  9. Site notice end date

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  10. Statutory expiry date

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  11. Decision due date

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  12. Dispatch date

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  13. Decision date

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  14. Extension date

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  15. Decision expiry date

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Decision & conditions

Approval
Decision Notice Decision Notice
Planning conditions
  1. CONDITION 1: The development to which this permission relates must not be begun later than the expiration of three years from the date of the original permission, R22/0286. REASON: To comply with Section 91 of the Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act, 2004.
  2. CONDITION 2: The development shall be carried out in accordance with the plans and documents detailed below: Design and Access Statement - EFP2-PWA-D0-XX-RP-A-0010-G4 - 28-01-2022 Elliott's Field Retail Park, Rugby (Phase 2) - Proposed 2, 500sqft Drive-Thru - Transport Assessment - January 2022 Elliott's Field Retail Park, Rugby (Phase 2) - Proposed 2, 500sqft Drive-Thru - Flood Risk Assessment and Drainage Strategy - January 2022 Received by the Local Planning Authority on the 28th March 2022 Quod Planning & Retail Statement EFRP - Drive-thru - February 2022 - Q210682 Received by the Local Planning Authority on the 26th April 2022 Waterman Technical Note - Cycle Parking Provision - Ref WIE18821-100-TN-1 Received by the Local Planning Authority on the 25th May 2022 Waterman Technical Note - Response to Highways Comments - Ref WIE18821-100-TN-2-1-3_Drive Thru Received by the Local Planning Authority on the 4th July 2022 Ramboll - Flood Risk Addendum - June 2025 Received by the Local Planning Authority on the 9th July 2025 Proposed Site Layout - EFP2 BSL D0 00 DR A 0020 G7 Proposed Elevations 1 - EFP2 BSL D0 ZZ DR A 0040 G3 Proposed Elevations 2 - EFP2 BSL D0 ZZ DR A 0041 G3 Received by the Local Planning Authority on the 14th August 2025 Proposed Site Layout - EFP2 BSL D0 00 DR A 0020 G8 Proposed Ground Floor Plan - EFP2 BSL D0 00 DR A 0030 G5 Received by the Local Planning Authority on the 18th September 2025 Reason: For the avoidance of doubt and to ensure that the details of the development are acceptable to the Local Planning Authority.
  3. CONDITION 3: No above ground development shall commence unless and until full details of the colour, finish and texture of all new materials to be used on all external surfaces, together with samples of the timber cladding, blockwork, aluminium frame, and rainscreen cladding have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details. REASON: To ensure a satisfactory external appearance and in the interests of the visual amenities of the locality.
  4. CONDITION 4: The landscaping scheme, as detailed on the approved plans - EFP2 BSL D0 00 DR A 0020 G8 - Proposed Site Layout - Received by the Local Planning Authority on the 9th July 2025 - shall be implemented no later than the first planting season following first occupation of the development. If within a period of 5 years from the date of planting, any tree/shrub/hedgerow is removed, uprooted, destroyed or dies, (or becomes in the opinion of the Local Planning Authority seriously damaged or defective), another tree/shrub/hedgerow of the same species and size originally planted shall be planted at the same place. REASON: To ensure the proper development of the site and in the interest of visual amenity.
  5. CONDITION 5: Air quality neutral/mitigation as per Policy HS5: Traffic Generation and Air Quality, Noise and Vibration No above ground development shall begin until a scheme detailing the on-site measures to be incorporated within the development in order to meet air quality neutral standards or to provide suitable mitigation, has been submitted to and approved in writing by the Local Planning Authority. These measures shall include either all electric heating and hot water heating, solar panels, ground/air source heat pumps, or heating using ultra low emission boilers that meet a minimum standard of less than 40mgNOx/kWh. Prior to occupation of the development, the approved scheme shall be implemented and maintained in perpetuity. REASON: In the interests of air quality.
  6. CONDITION 6: Construction and demolition - Construction Management Plan Prior to the commencement of any works, a Construction Management Plan shall be submitted in writing to, and approved by, the Local Planning Authority. This shall include details relating to: • the control of noise and vibration emissions from construction activities including groundworks and the formation of infrastructure including arrangements to monitor noise emissions from the development site during the construction phase • the control of dust including arrangements to monitor dust emissions from the development site during the construction phase • measures to reduce mud deposition offsite from vehicles leaving the site. Development shall be carried out in compliance with the approved Construction Method Statement, unless otherwise approved in writing by the Local Planning Authority. REASON: In the interests of residential amenity, to ensure the details are acceptable to the Local Planning Authority and to avoid significant adverse impacts.
  7. CONDITION 7: Contaminated land (a) Prior to commencement of above ground works a detailed remediation scheme to provide buildings with suitable gas protection measures to meet Characteristic Situation 2 shall be prepared and subject to approval in writing by the local planning authority. If unexpected contamination is found after development has begun, development shall be halted on that part of the site affected by the unexpected contamination to the extent specified in writing by the local planning authority until condition (b) below has been complied with in relation to that contamination. The approved remediation scheme shall be carried out in accordance with its terms. The local planning authority shall be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out shall be prepared and subject to approval in writing by the local planning authority. (b) In the event that contamination is found at any time when carrying out the development hereby permitted that was not previously identified it shall be reported in writing immediately to the local planning authority. An investigation and risk assessment shall be undertaken and where remediation is necessary a remediation scheme shall be prepared which shall be subject to approval in writing by the local planning authority. Following completion of measures identified in the approved remediation scheme a verification report shall be prepared, which shall be subject to approval 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, ecological systems, property and residential amenity and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
  8. CONDITION 8: Noise assessment Prior to the installation of any equipment associated with the operation of the development including the catering operations, a noise assessment shall be undertaken by a competent person and be submitted in writing to and approved by the Local Planning Authority to determine the existing background noise levels, noise from any proposed extraction system and any other refrigeration or air-handling plant, flues or other equipment to be installed. Regard may be had to BS4142:2014+A1: 2019. The assessment shall include measures for acoustic treatment to ensure adequate protection to existing noise sensitive properties from noise and avoid causing a creeping increase in the existing background noise levels. Equipment shall then be installed and maintained in accordance with the approved details. REASON: In the interest of the amenity and to ensure the details are acceptable to the Local Planning Authority
  9. CONDITION 9: Noise - drive through communications Prior to the development becoming operational, a scheme of works detailing the proposed communication system between the premises and users of the drive-through shall be submitted to and approved in writing by the Local Planning Authority. The scheme must seek to minimise the volume of the speaker systems as a means of avoiding any adverse noise disturbance that could affect the surrounding Ancient Woodland REASON: In the interests of residential amenity and to ensure the details are acceptable to the Local Planning Authority
  10. CONDITION 10: Odour control - extraction system Prior to installation of any catering equipment a scheme of works shall be submitted to and approved in writing by the Local Planning Authority, assessing the need for odour and fume control equipment. Regard may be had to the EMAQ an updated guidance 'Control of Odour and Noise from Commercial Kitchen Exhaust Systems' or similar documents. This shall detail the design of any necessary odour and fume control equipment serving the kitchen extraction system prior to installation or fitting and shall thereafter be so retained. REASON: To prevent the emission of fumes which would be detrimental to the amenity of the area and in the interests of the amenity of neighbouring properties.
  11. CONDITION 11: The premises shall remain as a drive-thru retail unit (flexible Class E(b) / Sui Generis Use), within use Class E(b) of the Town and Country Planning (Use Classes) Order 1987, or equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification, and for no other purpose. REASON: To protect the character and amenities of neighbouring units and the retail park.
  12. CONDITION 12: The development shall not be occupied until space has been provided within the site for the parking, manoeuvring and loading/unloading of vehicles in accordance with drawing number - EFP2-BSL-D0-00-DR-A-0030-G5 - Proposed Ground Floor Plan - received by the Local Planning Authority on the 18th September 2025 REASON: In the interest of Highway Safety.
  13. INFORMATIVE 1: Work should avoid disturbance to nesting birds. Birds can nest in many places including buildings, trees, shrubs, dense ivy, and bramble/rose scrub. Nesting birds are protected under the Wildlife and Countryside Act 1981 (as amended). The main nesting season lasts approximately from March to September inclusive, so work should ideally take place outside these dates if at all possible. N.B birds can nest at any time, and the site should ideally be checked by a suitably qualified ecologist for their presence immediately before work starts, especially if during the breeding season.
  14. INFORMATIVE 2: Where possible enhancements should be incorporated into the development to improve the habitats and opportunities for the local wildlife and increase biodiversity. Enhancements could include bat and bird boxes which may be used by a variety of species, native species planting and enhancement of existing of hedges and wild flower planting, habitat piles of rubble, logs and earth which can be used by reptiles, amphibians and invertebrates are also welcomed. The WCC Ecological Services (tel: 01926 418060) would be pleased to advise further if required.
  15. INFORMATIVE 3: Air Quality neutral/mitigation As per the condition the applicant is required to incorporate measures to assist in reducing their impact upon the Air Quality as part of this development. In order to achieve air quality neutral standards it is suggested that the approved scheme could include the installation of ultra-low emission boilers (<40mg/kWh) if gas is used for space/water heating, increased tree planting, green walls and roofs, the incorporation of electric vehicle charging points on any car parking or provision of secure cycle storage. More information on plants that can be incorporated into landscaping for green walls and roofs can be found here: https://www.museumoflondon.org.uk/application/files/4915/2604/2216/2018-05-11-phytosensor-final-web-ok-compressed_1.pdf Such measures contribute as mitigation for air quality purposes. Should you require any further advice on ensuring your development has a positive contribution on air quality, further information can be obtained from the Commercial Regulation team through 01788 533533 or email ept@rugby.gov.uk Should an Air Source Heat Pump be proposed for installation, it should be ensured that the noise from such plant will not adversely affect residential amenity in the area. These units can create noticeable noise levels which may affect neighbouring dwellings so noise mitigation may be necessary to avoid complaints or possible formal action under other legislation.
  16. INFORMATIVE 4: Construction hours To reduce the likelihood of local residents being subjected to adverse levels of noise annoyance during construction, work on site should not occur outside the following hours: - Monday - Friday 7.30 a.m. - 6.00 p.m. Saturday 8.30 a.m. - 1.00 p.m. NO WORK ON SUNDAYS & BANK HOLIDAYS. If work at other times is required permission should be obtained from the local planning authority
  17. INFORMATIVE 5: Food registration Prior to opening, the food business operator should register their business with the Council's Commercial Regulation Team to comply with relevant food safety legislation. For further information please email fs@rugby.gov.uk.
  18. INFORMATIVE 6: Lighting Any external lighting should be installed to ensure there is no glare or excessive light spill that may affect any properties off site. Information can be obtained from the Institute of Lighting Professionals on types and positioning of lighting to minimise off site effects.
  19. INFORMATIVE 7 The development is subject to the below criteria being met, as required by Approved Document B, Volume 2, Requirement B5 - Access and Facilities for the Fire Service: • Minimum width of the access road is 3.7 metres along the entire length • Minimum width of any gateways is 3.1 metres • Minimum height clearance is 3.7 metres • Minimum carrying capacity is 12.5 tonnes • A fire appliance to gain access to within 45 metres of all points within the footprint of each building or in accordance with table 15.1 of ADB, Volume 2. • Every elevation to which vehicle access is provided should have a door, a minimum of 750mm wide, to give access into the building. The maximum distance between doors, or between a door and the end of the elevation, is 60m. • Dead-end access routes longer than 20m require turning facilities • Turning circles should be a minimum of 16.8m between kerbs or 19.2m between walls. Please include an advisory note drawing the applicant's attention to the need for the development to comply with Approved Document B, Volume 2, Section B5 - Access and Facilities for the Fire Service. Full details including the positioning of access roads relative to buildings, the arrangement of turning circles and hammer heads etc. regarding this can be found at; www.warwickshire.gov.uk/fireguidancecommercialdomesticplanning Where compliance cannot be met, please provide details of alternative measures you intend to put in place.
  20. INFORMATIVE 8: Warwickshire Fire and Rescue Authority fully endorse and support the fitting of Sprinkler installations, in accordance with the relevant clauses of BS EN 12845 : 2004, associated Technical Bulletins, and or to the relevant clauses of British Standard 9251: 2014, for residential premises. Warwickshire Fire and Rescue Authority ask you to consider and ensure that access to the site, during construction and once completed, are maintained free from obstructions such as parked vehicles, to allow Emergency Service vehicle access.
  21. INFORMATIVE 9: The applicant is advised that the above permission does not include advertisement consent, and a separate application may be required for any signage/advertisements to be displayed.
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