Town and Country Planning General Development Orders

REF: 032837

PLANNING PERMISSION

Town and Country Planning Acts

Town and Country Planning General Development Orders

To: Mrs Kelly Baker

Of: 10 Crossways Cottage, Nuneaton Road, Fillongley, Warwickshire, CV7 8DL

For: Mrs Kelly Baker, 10 Crossways Cottage, Nuneaton Road, Fillongley Warwickshire CV7 8DL

The Council, having considered the application registered on 25th June 2014 for permission to carry out development at:

Site 61A005 Heath End Road, Nuneaton, Warwickshire

gives notice that PERMISSION IS GRANTED for:

Conversion to Dance Studio (D2 use) (Former Wesleyan Reform Church between Nos 159 & 173 Heath End Road)

Relevant Policies:

Nuneaton & Bedworth Borough Local Plan June 2006 - ENV14 Supplementary Planning Guidance/Supplementary Planning Documents- National Planning Policy Framework March 2012.

Reason for Decision:

Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation responses received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.

Decision made on: 2nd September 2014

Issued on: 3rd September 2014

Authorised signatory of Nuneaton

and Bedworth Council

IMPORTANT: PLEASE READ THE NOTES ON THE REVERSE SIDE

AND RELEVANT POLICY INFORMATION ATTACHED

Conditions:

1. The development to which this permission relates must be begun not later than the expiration of three years from the date of this permission.

2. The development shall not be carried out other than in accordance with the approved plans received by the Council on 25th June 2014.

3. The use shall not operate other than between the hours of 09:00 and 21:00 Monday-Saturday and 10:00-16:00 Sundays and Bank Holidays.

4. All doors or windows shall be kept closed at all times whilst amplified music is being played in the premises.

5. The use shall not commence until the works for the noise insulation improvements, including windows and doors have been submitted and have been carried out in accordance with the approved details.

6. No air conditioning units shall be erected until the full details and specification have been submitted to and approved in writing by

the Council. The units shall be erected in accordance with the approved details.

7. The use hereby approved shall not commence until the car parking has been laid in accordance with the approved car parking plan.

Reasons for the conditions:

1. To comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

2. For the avoidance of doubt and to ensure the proper development of the site.

3,4,5&6. To protect the residential amenity of surrounding properties.

7.In the interest of highway safety.

NOTES:

The following policy in the Nuneaton & Bedworth Borough Local Plan 2006 is relevant to this decision.

ENV14 - The design and materials of all development should be of a high standard in keeping with the scale and character of the locality. All development should comply with Supplementary Planning Guidance and/or Supplementary Planning documents produced by the Borough and County Council, where detailed guidance is considered necessary.

Statement of Positive Engagement

The Council has worked with the appointed agent in a positive and proactive manner achieving a valid application, keeping the agent informed of the planning application progress. During the course of the application it was felt that no amendments could be submitted to overcome the objections to the development to make it acceptable. The applicant was kept informed of the progress of the application and the refusal was issued in a timely manner.

NOTES

Appeals to the Secretary of State

(1) If you are aggrieved by the decision of your Local Planning Authority to refuse permission for the proposed development or to grant it subject to conditions, you can appeal to the Secretary of State under Section 78 of the Town and Country Planning Act 1990.

(2) If you want to appeal, then you must do so within 6 months of the date of this notice, using a form which you can get from the Planning Inspectorate at Temple Quay House, 2 The Square, Bristol, BS1 6PN, or online at www.planning-inspectorate.gov.uk and www.planningportal.gov.uk/pcs

(3) The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

(4) The Secretary of State need not consider an appeal if it seems to him that the Local Planning Authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

(5) The Secretary of State does not refuse to consider appeals solely because the Local Planning Authority based their decision on a direction given by him.

Purchase Notices

(1) If either the Local Planning Authority or the Department for Communities and Local Government grants permission to develop land subject to conditions, the owner may claim that he/she can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted.

(2) In these circumstances, the owner may serve a purchase notice on the Council in whose area the land is situated. This notice will require the Council to purchase his/her interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.

PCA