Agenda item

APPLICATION NO.

20/02676/FULLS

APPLICATION TYPE

FULL APPLICATION - SOUTH

REGISTERED

30.10.2020

APPLICANT

Ms N Herdrickse

SITE

78 Botley Road, North Baddesley, SO52 9DU,  NORTH BADDESLEY

PROPOSAL

Change of use of ground floor to dental practice with parking at rear

AMENDMENTS

None

CASE OFFICER

Mr Graham Melton

Delegated to the Head of Planning and Building to:

·  Complete a s106 Agreement to secure the cessation of the existing dentist practice use at existing premises, 32 Botley Road, prior to occupation of the new premises;

·  Allow the submission, and consideration, of additional information on hard surfacing materials for the parking area and access, which must be a non-migratory material to ensure that the proposed development and associated vehicle movements do not have an adverse noise impact of adjoining residential properties, and

·  Impose any reasonable additional or amended conditions considered necessary following that process, to adequately deal with surface water disposal and the timely provision of the agreed hard surfacing prior to first use as a dentist practice.

Then PERMISSION subject to:

1.

The development hereby permitted shall be begun within three years from the date of this permission.

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

2.

The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:

Site Location Plan (100)

Proposed Site Plan (001 Rev E)

Proposed Floor Plans

Reason:  For the avoidance of doubt and in the interests of proper planning.

3.

The operation of the use hereby permitted shall be restricted such that the start time of appointments for clients will limited to be within the hours of 08:00 and 18:00 Monday to Friday and 09:00 and 13:00 on Saturday only, and at no time on Sundays and Bank Holidays.

Reason:  To protect the amenities of local residents in accordance with Policies E8 and LHW4 of the Test Valley Borough Revised Local Plan (2016).

4.

No fixed plant or machinery shall be installed outside of any building, except where prior approval has been obtained from the Local Planning Authority prior to installation. Any application seeking prior approval shall demonstrate that the proposed plant or machinery will not have a significant adverse impact upon the amenity of neighbouring properties by virtue of the emission of noise. Any fixed plant or machinery shall be installed in accordance with the approved details and retained in perpetuity.

Reason:  To protect the amenities of local residents in accordance with Policies E8 and LHW4 of the Test Valley Borough Revised Local Plan (2016).

5.

The site shall be used for a dentist practice and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (or in any provisions equivalent to that class in any statutory instrument  revoking or re-enacting that Order with or without modification).

Reason:  The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case for accordance Policies E8 and LHW4 of the Test Valley Borough Revised Local Plan (2016).

6.

Prior to the commencement of the use hereby permitted, 8 car parking spaces including parking for blue badge holders, shall be constructed, surfaced and laid out in accordance with the approved drawing Proposed Site Plan (001 Rev E). The area of land so provided shall be maintained at all times for this purpose.

Reason:  To ensure sufficient off-street parking has been provided in accordance with the minimum parking standards set out in Annexe G and Policy T2 of the Test Valley Borough Revised Local Plan (2016).

7.

Prior to occupation of the site the sound insulation measures set out in sections 5 and 6 of the 24Acoustics, 78 Botley Road, North Baddesley Separating Floor Sound Insulation Tests report (Reference:R8952-1 Rev 0, dated 22^nd February 2021) shall be fully installed and completed. Thereafter, the sound insulation enhancements shall be permanently maintained and retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority. 

Reason:  To protect the amenities of local residents in accordance with Policies E8 and LHW4 of the Test Valley Borough Revised Local Plan (2016).

Note to applicant:

1.

In reaching this decision Test Valley Borough Council (TVBC) has had regard to paragraphs 186 and 187 of the National Planning Policy Framework and takes a positive and proactive approach to development proposals focused on solutions. TVBC work with applicants and their agents in a positive and proactive manner offering a pre-application advice service and updating applicants/agents of issues that may arise in dealing with the application and where possible suggesting solutions.

If details are not submitted to or agreement cannot be reached on an alternative surfacing for the access road and parking area then REFUSE for the following reason:

1.

The surfacing material for the proposed parking area and access - comprising loose gravel, and due to the anticipated number and regular vehicle movements from the proposed use, and its proximity to residential dwellings and their associated outdoor amenity areas would result in a significant adverse impact on the amenities of these residential properties due to noise disturbance and would therefore be contrary to policies  LHW4 and E8 of the Test Valley Borough Revised Local Plan (2016) and paragraph 127 of the National Planning Policy Framework which states that planning decisions should ensure developments create places with a high standard of amenity for existing and future users.