Breach of Condition Notices

Breach of condition 3 of planning application SDNP/17/03617/FUL to cease the use of the land for any purposes other than vehicle repair yard, servicing and online sales centre, and to remove all associated vehicles, equipment, mobile offices and any other associated items connected to the tanker lorry storage/sales operation

The following condition has not been complied with:

The development hereby permitted shall be used only for private, non-commercial, stabling and equestrian use and shall at no time be used for any trade or business including livery stabling.

The following condition has not been complied with:

Condition 4 specifies: ”Planting of the screen hedging shall be carried out in accordance with the details specified in Drawing no. 0361-31 Rev B in the first planting season following completion of the development; and any hedging plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting in the next planting season with others of a similar size and species.

The following conditions have not been complied with:

Condition 2 specifies: “Approved Plans. The development hereby permitted shall be carried-out in accordance with the plans listed below under the heading “Plans referred to in consideration of this application”. Plan 4F (05.07.2018), Plan 3E (23.05.2018), Plan 6E (15.03.2018)”.

Condition 4 specifies: “The development hereby approved shall be formed with low transmission glass to the central bi-fold doors on the first floor south elevation and non-reflective glass to all other glazing on the southern elevation. The specification of these such doors and windows shall be agreed in writing by the Local Planning Authority prior to their installation. The glazing shall be maintained as such unless otherwise agreed in writing by the Local Planning Authority.”

Condition 5 specifies: “Notwithstanding the submitted details, no development shall commence unless and until a schedule of materials and finishes and, where so required by the Local Planning Authority, samples of such materials and finishes to be used on the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried-out in full accordance with the approved schedule and samples.”

The following condition has not been complied with:

(2) relates to approved plans. The development hereby permitted shall be carried-out in accordance with the plans listed under the heading ”Plans Referred to in Consideration of the Application”. ”Plans – Gallop Rail Layout Plan; also showing position options (ref. 675-6, version E)”.

Condition 2 has not been complied with because there has been an infill of this fencing with a metal wire mesh, contrary to these approved plans.

The following condition has not been complied with:

2.  This permission shall be for a limited period only expiring on 31 September 2016, by which date the operations hereby permitted shall have ceased, all buildings, plant and machinery, including foundations, hard standings shall have been removed from the site, and the site shall be restored in accordance with the approved restoration scheme.

The following condition has not been complied with:-

(2) specifies: “The 3 units of accommodation shown on the approved plan no 1467/P/10D shall not be used at any time for any purpose other than as holiday accommodation including any other purpose in Class C3 of the Schedule to the Town and Country Planning (Use Classes) Instrument revoking and re-enacting that Order with or without modification.”

The following condition has not been complied with:-

(5) specifies: “No development shall start on site until details of a scheme for foul and surface water drainage, including a scheme to prevent surface water from the site discharging on to the adjacent highway, has been submitted to and approved in writing by the Planning Authority. Such details should include provision for all surface water drainage from parking areas and areas of hard-standing. The development shall be carried out in accordance with the approved details before any part of the development is occupied and shall be retained thereafter.”

The following condition has not been complied with:-

(2) The materials to be used in the construction of the development hereby permitted shall be those as detailed in the materials section of the accompanying application forms and as annotated on the approved drawing 107 Rev.D.

The following condition has not been complied with (relevant part highlighted in bold):

(1) Condition 29 – HGV Numbers, which states:

“Unless otherwise agreed in writing by the South Downs National Park Authority as a non-material minor amendment, no more than 3,750 Heavy Goods Vehicles (HGVs, more than 7.5 tonnes gross weight) shall enter the site (including Pendean Quarry (as outlined in blue on plan P4.731/16 May 2008)) and no more than 3,750 HGVs shall leave the site during the operating hours in any calendar year. The monthly average of 313 HGVs vehicles entering and 313 HGVs leaving the site during permitted operating hours shall not be exceeded by more than 40% in any calendar month.

The daily average of 14 HGVs entering the site (Monday to Friday) and 14 HGVs leaving the site (Monday to Friday) during permitted hours shall not be exceeded by more than 50%.The daily average of 4 HGVs entering the site on Saturdays and 4 HGVs leaving the site on Saturdays during permitted hours, as controlled by Condition 42, shall not be exceeded by more than 50%. Construction traffic associated with the development hereby approved in to be regarded as over and above the limitations on numbers of vehicles associated with normal working of the site.

Reason: To safeguard the amenities of residents in the locality and to preserve the special qualities of the South Downs National Park.”