(Councillor Kelly, having declared a prejudicial interest (see minute 227) left the room whilst the application was considered).

The Director of Technical Services submitted the above application for consideration.

On a motion by Councillor Mitchell and seconded by Councillor George Davies it was:

Resolved (11:00) – That the application be approved subject to the following condition:

1. That the development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

2. Development shall be built in accordance with plans received on 09 June 2010.

3. Before any construction commences, samples of the materials to be used in the external construction of this development shall be submitted to and approved in writing by the Local Planning Authority. The approved materials shall then be used in the construction of the development.

4. Details of gates and acoustic fencing shall be agreed in writing by the Local Planning Authority and built prior to first occupation of the building. Any enclosures shall remain as such thereafter unless agreed in writing by the Local Planning Authority.

5. No part of the development shall be brought into use until details of cycle parking has been agreed in writing by the Local Planning Authority. These facilities shall be permanently retained thereafter.

6. The approved Travel Plan shall be implemented in accordance with the timetable approved in writing by the Local Planning Authority. The approved Travel Plan shall continue to be implemented as long as any part of the development is occupied.

7. Prior to first occupation of any part of the development, the windows on the west facing side elevation shall be fixed and obscurely glazed and shall be retained as such thereafter.

8. Prior to first occupation of any part of the development, the windows on the north facing side elevation shall be fixed and obscurely glazed and shall be retained as such thereafter.

9. The ground floor premises shall be used only for the purpose of A1 retail specified in the Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended nor for any other purpose without the prior permission of the Local Planning Authority.

10. Details of a scheme for landscaping shall be submitted to and approved by the Local Planning Authority. The proposed landscaping shall be completed before the proposal hereby approved is occupied and thereafter shall be maintained to the satisfaction of the Local Authority.

11. Landscaping works to be carried out in accordance with the approved details as set out in Condition 10.

12. Prior to first occupation of the building, detailed section drawings of any security shutters shall be submitted to the Local Planning Authority and agreed in writing. The details as agreed shall be implemented and retained as such.

13. No part of the development shall be occupied until facilities clear of the highway have been provided as part of the development hereby approved for the loading/unloading/turning of vehicles in accordance with detailed drawings to be submitted to and approved in writing by the Local Planning Authority; such drawings shall detail means of access, size, siting and surface treatment, and the areas so provided shall at no time be used for any other purpose.

14. Before the development hereby permitted is first commenced, a datum for measuring land levels shall be agreed in writing. Full details of existing and proposed ground levels and proposed finished floor levels shall be taken from that datum and submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail shown on previously submitted plan(s). The development shall be carried out in accordance with the approved details and retained as such thereafter.

15. The design of the vehicular access and parking areas, shall take account of all trees situated on or off site and must be in line with appropriate guide lines (BS 5837: 'Trees in Relation to Construction' 2005 and Arboricultural Advisory and Information Service, Practice Note 'Driveways Close to Trees 1996'). The driveway / parking areas, which are within 4 m of existing trees, must be constructed utilising minimum excavation techniques incorporating appropriate surfaces to avoid damage to trees and to withstand any influence of existing trees with regard to future potential indirect/direct tree related damage. No development shall take place until there has been submitted to and approved in writing by the local planning authority technical details of the proposed driveway / parking, which are within 4m of existing trees, to include their dimensions (in relation to existing ground levels), specifications (materials) and when they are to be constructed in relation to other development works.

16. No works or development shall take place until a scheme for the protection of the retained trees (section 7, BS5837, the Tree Protection Plan) has been agreed in writing with the LPA. This scheme shall include:

1; a plan to a scale and level of accuracy appropriate to the proposal that shows the position, crown spread and Root Protection Area (para. 5.2.2 of BS5837) of every retained tree on site and on neighbouring or nearby ground to the site in relation to the approved plans and particulars. The positions of all trees to be removed shall be indicated on this plan.

2; the details of each retained tree as required at para. 4.2.6 of BS5837 in a separate schedule.

3; a schedule of tree works for all the retained trees in paragraphs (a) and (b) above, specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS3998, 1989, Recommendations for tree work.

4; the details and positions (shown on the plan at paragraph (a) above) of the Ground Protection Zones (section 9.3 of BS5837).

5; the details and positions (shown on the plan at paragraph (a) above) of the Tree Protection Barriers (section 9.2 of BS5837), identified separately where required for different phases of construction work (e.g. demolition, construction, hard landscaping). The Tree Protection Barriers must be erected prior to each construction phase commencing and remain in place, and undamaged for the duration of that phase. No works shall take place on the next phase until the Tree Protection Barriers are repositioned for that phase.

6; the details of any changes in levels or the position of any proposed excavations within 5 metres of the Root Protection Area (para. 5.2.2 of BS5837) of any retained tree, including those on neighbouring or nearby ground.

7; the details of any special engineering required to accommodate the protection of retained trees (section10 of BS5837), (e.g. in connection with foundations, bridging, water features, surfacing)

8; the details of the working methods to be employed with the demolition of buildings, structures and surfacing within or adjacent to the RPAs of retained trees.

9; the details of the method to be employed for the stationing, use and removal of site cabins within any RPA (para. 9.2.3 of BS5837).

10; the details of tree protection measures for the hard landscaping phase (sections 13 and 14 of BS5837).

11; the timing of the various phases of the works or development in the context of the tree protection measures.

17. The following activities must not be carried out under any circumstances:

 a, No fires shall be lit within 10 metres of the nearest point of the canopy of any retained

tree.

b, No works shall proceed until the appropriate Tree Protection Barriers are in place, with

the exception of initial tree works.

c, No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree.

d, No mixing of cement or use of other materials or substances shall take place within a RPA, or close enough to a RPA that seepage or displacement of those materials or substances could cause then to enter a RPA

e, No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the LPA.

18. 21 days before any development is commenced resulting in any alteration of existing ground levels, demolition or alteration of the structure, written notice shall be given to the local planning authority whereupon the local planning authority, within 21 days of receipt of such notice, shall specify in writing to the developer which persons authorised by the local planning authority shall be allowed access to the site to inspect tree protection measures and construction of driveways / access near trees, for the purpose of arboricultural investigation.

19. Before any construction commences, details of the windows shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall then be used in the construction of the development and retained thereafter.