Application Number 17/01250/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    21/07/2017
  • Consultation
    End
    01/09/2017
  • Committee
    Meeting
    11/01/2018
  • Decision

    Approval
  • Decision
    Date
    12/01/2018
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number 17/01250/FUL
Location Address Land North Of The Orchard And Twyford Service Station A46 Evesham By Pass Evesham
Proposal "Construction of a 305 sq.m building (Use Classes A3 / A5) to accommodate a restaurant and associated 'drive-thru' facility served via an existing internal access road, car parking, landscaping and other ancillary and enabling works."
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 15/06/2017
Application Valid Date 21/07/2017
Consultation Start Date 11/08/2017
Site Visited / Site Notice Date 27/07/2017
Consultation End 01/09/2017
Advert Expiry 24/08/2017
Committee Date (if applicable) 11/01/2018
Committee Agenda Planning Committee Information
Decision Date 12/01/2018

Further Information
Expected Decision Level Committee
Case Officer Anna Brindle
Parish Norton and Lenchwick
Ward Harvington and Norton Ward - Pre 01/05/23
Applicant Wellesbourne Property Management Ltd and Kentucky
Agent Barton Willmore LLP
Agent Address Barton Willmore Regent House, Princes Gate 4 Homer Road Solihull B91 3QQ

Condition Details / Information Notes
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason - In accordance with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
All planting and seeding/turfing comprised in the submitted landscape scheme, hereby approved, shall be carried out in the first planting season following the first use of the development. All planting shall be watered as necessary and competitive weed growth controlled to ensure successful establishment. Any trees or plants that die, or  are removed; or become seriously damaged or diseased within a period of five years from the completion of the planting, shall be replaced in the next planting season with others of similar size and species. Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan 2016.
The development hereby permitted shall be carried out in accordance with the following approved plans: A-PP-13-001 Rev B - Proposed Elevations DLA-1745-L-05 Rev C - Planting proposals DLA-1745-L-04 Rev B - Hard Landscape Layout SL-P-03 - Site location plan A-PP-10-001 Rev D - Proposed Site Plan A-PP-10-002 Rev A - Proposed Wider Site Plan A-PP-11-001 Rev A - Proposed General Arrangement DLA-1745-L-06 - Indicative landscape sections Reason - To define the permission.
Prior to the commencement of the development hereby approved, samples of materials to be used externally on the walls and roof of the building shall be submitted to and approved in writing by the Local Planning Authority. Development will be carried out in accordance with these approved details. Reason - To ensure that the development is visually satisfactory.
Prior to the first use of the development hereby approved secure cycle parking as shown on the layout plan and discussed within the application submission shall be provided and maintained in a usable condition thereafter. Reason - To encourage travel to the development by means other than the private car.
Prior to the first use/occupation of the development hereby permitted, details of bird boxes and bat roosting features shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include numbers of bird boxes/bat roosting features and their positions within the development site. The approved features shall be provided prior to the first use of the development hereby approved. Reason - to provide appropriate habitat enhancement for protected species in accordance with paragraph 118 of the NPPF.
Prior to the first use of the development hereby permitted, the details set out in the submitted Water Management Statement shall be fully implemented and remain thereafter. Reason - To ensure that an appropriate sustainable drainage system is provided to serve the development and to reduce the consumption of water. This is in accordance with the SPD on Water Management.
Prior to the first use of the development hereby permitted, details of the measures to be incorporated into the building so as to achieve at least 10% of the predicted energy requirement of the building by renewable energy methods, shall be submitted to and agreed in writing with the Local Planning Authority. The approved details shall be fully implemented and operational prior to the first use of the building and shall remain thereafter. Reason - To ensure that the proposal would accord with the provisions of policy SWDP27 of the adopted South Worcestershire Development Plan (February 2016)
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), the Town and Country Planning (Use Classes) Order 1987 (as amended) or any Order amending, revoking or replacing these Orders, the development hereby permitted shall only be used as a A3/A5 restaurant/Take Away and associated drive thru facility with associated car parking and for no other purpose. Reason - The case in support of the application, particularly in terms of the retail sequential test, is based upon the development being reliant upon the incorporation of a drive-through facility and ruling out alternative town centre and edge of town centre sites for a drive through.
Positive and Proactive Statement In dealing with this application, the Council has worked with the applicant in the following ways:- - seeking further information following receipt of the application; - seeking amendments to the proposed development following receipt of the application; and - considering the imposition of conditions and/or the completion of a s.106 legal agreement . In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
Prior to the first use of the development hereby permitted, details of the external lighting to be used within the site shall be submitted to the local Planning Authority for approval. The external lighting shall be carried out in accordance with the approved details and retained as such thereafter. Reason: To ensure that external lighting does not interfere with the enhancement of the site for biodiversity in accordance with policy SWDP22.

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Neighbour and Other Response
Statutory Consultee Response
Committee Documents
Decision

Consultation Responses

Neighbour List


In addition to consultations with the consultee listed, we will publicise the application in accordance with national requirements and our local policy. This publicity usually takes the form of letters to nearby properties, the posting of site notices and/or the placing of a public notice in our local newspapers.


Name Address Sent Reply Received
alan mccolm 8 Spinney Grove, EVESHAM, WR11 1BF 04/08/2017
Chris Houghton 62 Deacle Place, EVESHAM, WR11 3DD 29/11/2017
Gerry O'Donnell 4 St Pauls Close, EVESHAM, WR11 2EY 10/08/2017
Gerry O'Donnell 4 St Pauls Close, EVESHAM, WR11 2EY 10/08/2017
Jenny Marston Applecross, Lenchwick Lane, Lenchwick, EVESHAM, WR11 4TG 09/08/2017
kate dee 65 rynal place evesham worcestershire 10/08/2017
mike arens 32 St Philips Drive, EVESHAM, WR11 2RJ 08/08/2017
Robert Hale The Garth, Longdon Hill Nurseries, Broadway Road, EVESHAM, WR11 7RN 15/08/2017
stephanie keen 41 rynal place evesham worcs wr114py 10/08/2017
sylvia freestone-heeks 167 Farleigh Road, PERSHORE, WR10 1JU 10/08/2017
terence mckevitt 5 park hall tothall lane salford priors 08/08/2017
Vale of Evesham Civic Society 31/08/2017

Consultee List


Name Organisation Sent Reply Due Reply Received
Angela Tidmarsh Economic Dev & Tourism Officer 25/07/2017 15/08/2017
Cllr Bradley Thomas Harvington & Norton Ward 25/07/2017 15/08/2017
Highways County Highways 25/07/2017 15/08/2017 28/07/2017
Jane Dobson Economic Dev & Tourism Officer 25/07/2017 15/08/2017
Mrs E Marshall Landscape Officer 25/07/2017 15/08/2017 07/08/2017
Mrs W Cope Norton and Lenchwick Parish Council 25/07/2017 15/08/2017
Worcester Regulatory Services Odour Worcester Regulatory Services 25/07/2017 15/08/2017
Midlands Region National Highways 11/08/2017 01/09/2017 31/08/2017
Mrs W Cope Norton and Lenchwick Parish Council 02/01/2018

Constraints List


Constraints List
Paper: Evesham Journal
CIL008 - Non-Urban Area
Section 106 Agreement
Wind Turbines
SWDP 15: Designated Rural Areas
SWDP 11: Vale of Evesham Heavy Goods Vehicles Control Zone
SWDP 5: Protect and Enhance
No associated appeals