| No. | Condition Text |
|---|
| 1. | In order for such a proposal to be granted Prior Approval, it is necessary that there is provision of adequate natural light in all habitable rooms of the dwellinghouse. The proposal achieves this through the insertion of new windows and doors; however, Class MA only allows the change of use of the building, it does not permit any building operations (such as external changes). As a result, the proposal fails to comply with Condition MA.2 (2)(f) of Part 3, Schedule 2, to the Town and Country Planning (General Permitted Development Development) (England) Order 2015 (as amended). |
| 2. | In order for such a proposal to be granted Prior Approval, it is necessary to demonstrate whether or not there would be any adverse impacts of noise from commercial premises on the intended occupiers of the development. The site is within an area with a number of noise generating uses nearby, including a scrap metal yard 60 metres to the south south west of the site. No evidence has been submitted to show that the surrounding commercial businesses would not create noise to the extent that it would not be harmful to residential amenity or that any noise could be adequately mitigated. As a result, the proposal fails to comply with MA.2(2)(d) of Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). |
| 3. | In order for such a proposal to be granted Prior Approval, it is necessary to demonstrate whether or not there would be an adverse impact on intended occupiers through the introduction of residential use in an area the authority considers to be important for general or heavy industry, waste management, storage and distribution, or a mix of such uses. The site is within a designated safeguarded employment area which contains a number of uses that generate noise and could create an environment which is unsuitable for residential use. No evidence has been submitted which show that a residential use is suitable in this location or to demonstrate that the property is not needed for employment use. As a result, the proposal fails to comply with MA.2(2)(g) of Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). |
| 4. | The site is located within the Orange 400m to 2.5km Indicative Habitats Impact Zone and the prior approval application proposes the net increase of five dwellings. The required £929.65 Green Infrastructure and Recreational Avoidance Mitigation Strategy payment has not been made to the Local Planning Authority and therefore the Local Planning Authority cannot be satisfied that the necessary level of mitigation could be provided at the designated sites within the County to protect against incombination recreational pressures. The proposal therefore does not satisfy criteria 9 and 10 of Paragraph W of the Town and Country Planning (General Permitted Development Development) (England) Order 2015 (as amended). |
| 5. | Class MA.2(4) of Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) requires the provisions of paragraph W to apply to applications under Class MA. Paragraph W(10)(b) requires that the application be consistent with the NPPF (July 2021) where relevant. NPPF Paragraph 180 requires consideration to the impact of the proposal on biodiversity. The building could be suitable for bat roosts but no evidence has been submitted along with the application to prove that there are no bats within the building or to demonstrate that the conversion of the units would not cause harm to bats, which are a protected species. The proposal therefore does not satisfy criteria 10 of Paragraph W of the Town and Country Planning (General Permitted Development Development) (England) Order 2015 (as amended). |
