Town and Country Planning Act 1990
Town and Country Planning (General Development Procedure) Order 1995

FULL PERMISSION FOR DEVELOPMENT

This permission does not carry any approval or consent which may be required under any enactment, bylaw, order or regulation (e.g. in relation to Building Regulations or the Diversion of Footpaths etc) other than Section 57 of the Town and Country Planning Act, 1990.

Application No: 08/02072/FUL
To: 
Mr And Mrs R A Asplin
c/o Midland Building Design
74 Newcastle Road
Stone
Staffordshire
ST15 8LB

Location of Development:
Land Adjacent 39 High Street Kingsley Staffordshire Moorlands 

Description of Development:
Detached Dwelling

In pursuance of their power under the above mentioned Act, Staffordshire Moorlands District Council Planning Authority, HEREBY GRANTS PLANNING PERMISSION for the development described above in accordance with plans ref: 06153F01; 06153F02; 06153F02A; 06153F03; subject to the following condition(s):

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason:-
To comply with the provisions of Section 51 of the Town and Country Planning, Planning and Compulsory Purchase Act, 2004.

2. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification), no development as specified in Part 1 Class(es) A, B, C, D and E and/or Part 2 Class A other than those expressly authorised by this permission, shall be carried out without express planning permission first being obtained from the Local Planning Authority.
Reason:-
To enable the Local Planning Authority to control the development and so safeguard the character and visual amenities of the area, and to ensure that adequate private open space is retained within the curtilage of the building.

3. The development hereby permitted shall not be commenced until details of the existing and proposed levels across the site and relative to adjoining land, together with the finished floor levels of the proposed building(s), have been submitted and approved in writing by the Local Planning Authority.  There shall be no variation in these levels without the written approval of the Local Planning Authority.
Reason:-
In order to ensure the satisfactory appearance of the development and its relationship to adjoining properties.

4. The development hereby permitted shall not be commenced until details of all walls, fences and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority.  The approved details shall be completed prior to the occupation of any of the buildings on the site.
Reason:-
To provide adequate privacy and an acceptable external appearance.

5. The development hereby permitted shall not be commenced until samples and details of the types and colours of all roof tiles, facing materials and hard surfaces have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.
Reason:-
To ensure that the external appearance of the development is satisfactory.

6. Notwithstanding the details shown on the above approved plans, no development shall be commenced until details of the proposed eaves and verges have been submitted to and approved in writing by the Local Planning Authority. Development shall threafter be undertaken in accordance with the approved details. 
Reason:-
To ensure the satisfactory appearance of the development.

7. Before the proposed development is brought into use construction details of the access rear of the highway boundary, parking and turning areas shall be first submitted to, and approved in writing by, the Local Planning Authority which shall thereafter be installed in accordance with the approved details and retained for the life of the development.
Reason:-
In the interest of highway safety and to comply with Staffordshire County Council requirements for access.

8. The access to the site shall be ungated.
Reason:- 
In the interest of highway safety and to comply with Staffordshire County Council requirements for access.

9. Before the proposed development is brought into use the parking and turning areas shall be provided in accordance with submitted Drg. No.06153F03 the subject of this consent and shall thereafter be retained for the life of the development.
Reason:-
In the interest of Highway safety.

10. The proposed parking and turning facilities within the site curtilage shall be maintained free from obstruction and shall be used only for those purposes.
Reason:-
In the interest of Highway safety.

11. Before the proposed development is brought into use the existing footway across the site road frontage, where required, shall be increased to a minimum 2.0m in width.
Reason:-
In the interest of Highway safety.

12. The proposed soakaways shall be located a minimum of 5.0m rear of the highway boundary.
Reason:-
To safeguard the public highway.

13. Before the proposed development is brought into use the length of existing site access made redundant as a consequence of the development hereby permitted by this consent shall be permanently closed and the access crossing reinstated as footway in accordance with details to be first submitted to, and approved in writing by, the Local Planning Authority.
Reason:-
To avoid the proliferation of lengths of redundant accesses.

Informatives   

1.	Policies B13, H4 and T14 of the Staffordshire Moorlands Local Plan together with national planning policy in the form of P.P.S 1: Delivering Sustainable Development' and P.P.S 3: Housing, have been taken into account during the determination of the above application. The principle of residential development on this site is considered to be acceptable given its status as a brownfield site within the confines of the Kingsley Village Development Boundary. The new dwelling is considered to be of an acceptable design and will not have any adverse amenity impact upon the occupants of surrounding dwellings. Furthermore there are no highways objections.

2.	This Permission does not confer on the Applicant the right to build on or over land owned by a third party without the third party's consent.  You should therefore seek the prior agreement of your neighbour(s) before entering their land.

3.	Attention is drawn to condition number 2 of this approval, the effect of which is to withdraw permitted development rights in respect of development which would otherwise not require planning permission.  You are advised to contact the Local Planning Authority Development Control Section telephone 0845 6053013 before undertaking any other development in the future in order to ascertain whether planning permission is required.

4.	With reference to Condition 11 above, prior to construction works commencing, the developer shall contact the Area Highway Manager [North] or his representative (Tel. No.01538 483 027) to agree construction details and arrange for the supervision of the works. When the works have been completed to the satisfaction of the Area Highway Manager [North] the Highway Authority will consider maintaining the additional area of footway at public expense under Section 37 of The Highways Act, 1980. i.e. the provision of the footway will require the transfer of land into the adopted highway.

5.	The minor access reinstatement works referred to in Condition 13 above involve work on the highway and as such require the consent of the County Council. Please contact Lynn Bakewell, Highway Activities Co-ordinator (Tel. No.01785 276732).

6.	No part of the proposed building/wall or its foundations, fixtures and fittings shall project forward of the highway boundary.

7.	The developer should be advised of the requirements of Section 169, Highways Act 1980 (Control of Scaffolding on Highways) and Section 172, Highways Act 1980 (Hoardings to be set up during building etc.).

___________________________________________________
Signed on behalf of Staffordshire Moorlands District Council      

08/02072/FUL

NOTES

1.	If the applicant is aggrieved by the decision of the Local Planning Authority to refuse permission or approval for the proposed development, or to grant permission or approval subject to conditions, he may appeal to the Secretary of State in accordance with Sections 78 and 79 of the Town and Country Planning Act 1990 within six months of the date of the decision notice.  (Appeals must be made on a form which is obtainable from the Department of Transport, Local Government and the Regions, Planning Inspectorate, Temple Quay House, No.2 The Square, Temple Quay, Bristol, BS1 6PN).  The Secretary of State has power to allow a longer period for the giving of a notice of appeal but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal.  The Secretary of State is not required to entertain an appeal if it appears to him that permission for the proposed development could not have been granted by the Local Planning Authority, or could not have been so granted otherwise then subject to the conditions imposed by them, having regard to the statutory requirements, to the provision of the Development Order, and to any directions given under the Order.

2.	If permission to develop land is refused or granted subject to conditions whether by the Local Planning Authority or by the Secretary of State, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he may serve on the Borough or District Council or County Council in which the land is situated, as the case may be, a purchase notice requiring that Council to purchase his interest in the land in accordance with the provision of Part IX of the Town and Country Planning Act, 1990.

3.	In certain circumstances, a claim may be made against the Local Planning Authority for compensation, where permission is refused or granted subject to conditions by the Secretary of State on appeal or on a reference of the application to him.  The circumstances in which such compensation is payable are set out in Section 114 of the Town and Country Planning Act, 1990.