North West Leicestershire Planning Permission

Morbaine Limited The Fintan Centre Hale Road Widnes Cheshire WA8 8PU

Application reference 07/00742/FUL Registered 10 May 2007 Planning & Environment Group decision 5 March 2008

Planning Permission

Town and Country Planning Act 1990

Non-Food Retail (Class A1), car parking, associated facilities and services at Land At Nottingham Road/Dents Road, Ashby De La Zouch, Leicestershire, LE65 1JS.

In pursuance of its powers under the Town and Country Planning Act 1990 North West Leicestershire District Council hereby grants planning permission for the above development in accordance with the application and plans submitted subject to and as may be modified by the following conditions:

1. The development shall be begun before the expiration of three years from the date of this permission.

Reason- to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

1. The proposed development shall be carried out strictly in accordance with the details set out at points 1-6(inc) of the Jubb Consulting Engineering letter dated 7 December 2007 and as shown on Drawing Nos. 6425.15 Rev G, 6425.18 Rev E, P9005.G219 Rev C, P9005.G222 Rev A and P9005.G223 Rev A unless otherwise required by another condition of this permission.

Reason- To determine the scope of this permission; the original submissions having not been considered to be acceptable in terms of highway safety.

1. This planning permission provides approval for a premises comprising a DIY retail store of 2,323 square metres gross with an external sales areas of 455 square metres and an attached mixed bulky goods retail unit of 650 square metres gross. Notwithstanding the details on the submitted plans no mezzanine floor(s) shall be inserted into the premises, nor shall the external sales area be increased in size, unless planning permission has first been granted by the local planning authority.

Reason- For the avoidance of doubt and to determine the scope of this permission having regard to development plan policies: in the interests of highway safety.

1. The premises shall be used for purposes within Class A1 as defined in the Town and Country Planning (Use Classes) Order 1987 with the exception that the following shall not be sold:

• Food and drink for consumption off the premises (save the sale of pet foodstuffs)
• Clothing and footwear (save where sold as ancillary items to the principal use of the relevant retail unit for the sale of DIY goods, motorist /cyclist accessories and pet accessories)
• Handbags and fashion accessories

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• Books and audio and visual recordings (save where sold as ancillary items to the principal use of the relevant retail unit for the sale of DIY goods or motorist / cyclist accessories)
• Jewellery
• Perfume, pharmaceutical products and toiletries
• Cutlery, crockery and glassware
• Cameras, watches and musical instruments (save where sold as ancillary items to the principal use of the relevant retail unit for the sale of electrical goods)

Reason- To ensure the development is used in the manner envisaged by the Local Planning Authority, and to protect the vitality and viability of existing centres.

5 Notwithstanding the details shown on the submitted plans all materials to be used in the development hereby permitted shall be in accordance with a schedule of materials and finishes which shall first have been submitted to and approved in writing by the Local Planning Authority.

Reason- to enable the Local Planning Authority to retain control over the external appearance as no details have been submitted.

6 No development shall commence on site until such time as precise details of the external appearance of the proposed sprinkler tank and pump house and any other structures to be erected on the site not shown on the submitted plans (including any trolley parking bay enclosures) are submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details.

Reason- To ensure the development takes the form envisaged by the Local Planning Authority; in the interests of the amenities of the area.

7 Notwithstanding the details shown on the submitted plans no development shall commence on site until such time as precise details of all proposed finished floor levels of the proposed building(s) and hardstandings/service yards/car parking areas in relation to neighbouring land have been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details.

Reason- To ensure the development takes the form envisaged by the Local Planning Authority; in the interests of the amenities of the area.

8 Notwithstanding the details shown on the submitted plans no development shall commence on site until such time as a landscaping scheme has first been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in the first planting and seeding season following either the first occupation or the bringing into use of the development hereby approved unless an alternative implementation programme is first agreed in writing with the Local Planning Authority. Any tree or shrub which may die, be removed or become seriously damaged shall be replaced in the first available planting season thereafter and during a period of 5 years from the first implementation of the approved landscaping scheme or relevant phase of the scheme, unless a variation to the landscaping scheme is agreed in writing with the Local Planning Authority.

Reason- to ensure satisfactory landscaping are provided within a reasonable period; to provide a reasonable period for the replacement of any trees.

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