| Conditions or Reasons for Planning Application - CB/22/04692/FULL |
| Conditions or Reasons: | | 1)
The proposal would result in the loss of a main town centre use within the primary shopping area and no evidence has been provided to demonstrate that the site has been marketed for a town centre use for at least 6 months. The development is therefore in conflict with Policy R1 of the Central Bedfordshire Local Plan (2021). |
| 2)
Insufficient information has been provided to demonstrate that future occupiers of the proposed development would not be unacceptably impacted by air quality, noise and odour impacts generated by traffic and the neighbouring town centre uses whereby any mitigation measures may impact upon the listed building. The development is therefore in conflict with Policy CC8 of the Central Bedfordshire Local Plan (2021) and Paragraph 174 of the National Planning Policy Framework. |
| 3)
Insufficient information has been provided to demonstrate that future occupiers of the proposed development and existing neighbouring residents would not be unacceptably impacted by air quality, noise and odour impacts generated by the proposed hot food takeaway uses and whereby any mitigation measures may impact upon the listed building. The development is therefore in conflict with Policy CC8 of the Central Bedfordshire Local Plan (2021) and Paragraph 174 of the National Planning Policy Framework. |
| 4)
The proposed development by reason of it's excessive scale, bulk and inappropriate design would harm the Grade II listed building, the setting of the neighbouring listed buildings and the character of the Dunstable Conservation area and fails the Statutory Test set out as s.72 of the 1990 Planning (Listed Buildings and Conservation Areas) Act, which emphasises the need for the preservation or enhancement of the character or appearance of the Conservation Area. The proposal fails paragraph 192 of the NPPF which highlights the desirability of new development making a positive contribution to local character and distinctiveness as well as the Local Plan Policies HQ1 and HE3. |
| 5)
The proposed development would, by reason of its proximity lying within a 12.6km distance of the Ashridge Commons and Woods Site of Special Scientific Interest (SSSI) within the Chilterns Beechwoods Special Area of Conservation (SAC), add to the recreational disturbance in this area, and be likely to harm the integrity of the conservation purposes of the SAC. In the absence of an appropriate strategy to mitigate this harm, the proposal would be contrary to the Habitat Regulations, Section 15 (Conserving and enhancing the natural environment) of the National Planning Policy Framework (NPPF), July 2021, and Policy EE3 (Nature Conservation) of the Central Bedfordshire Local Plan 2015 - 2035, July 2021. |
| 6)
The proposed development would provide inadequate internal living standards for future occupiers, by failing to meet with minimum internal space standards as well as providing poor levels of natural light and outlook, due to the constraints of the plot and listed building. The proposal would also fail to provide safe and legible access to the future users of the residential units. The proposal is therefore contrary to the principles of good design set out in Policies HQ1 and H2 of the Central Bedfordshire Local Plan, Chapter 12 of the NPPF and the Central Bedfordshire Design Guide. |
| 7)
The proposal fails to demonstrate that access can be gained and maintained to the rear of the site to ensure that there is adequate and safe access to the residential units for the occupiers and their visitors as well as deliveries. Further, collections of waste from both the residential units and the commercial units have not been proven, nor has cycle parking for the future occupiers been provided. This, is likely to cause congestion and a hazard to all highway users and would be contrary to Policy T2 and T3 of the CBC Local Plan and the NPPF. |
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