Appeal 6002457

The appeal is allowed and planning permission is granted for change of use of the existing single dwelling to a wedding venue together with associated works including car parking and landscaping at [site address] , Hapton, Lancashire [postcode] in accordance with the terms of the application, reference FUL/2023/0153, subject to the conditions in the attached schedule.

The Council’s statement of case confirmed that it would no longer defend reasons for refusal four (flood risk) and seven (coal mining risk), and part of reason three (highway safety). Shortly before the hearing, the Council agreed that the concerns relating to reason five (ecology) had been resolved. At the hearing the Council advised that the accessibility aspect of reason three was no longer being pursued.

On the above basis, the main issues are: • whether the proposed development is in a suitable location, with regard to local and national policies for new development in the countryside; • the effect of the proposal on the character and appearance of the site and surrounding area; and • the effect of the proposal on green infrastructure.

The appeal site is an elevated detached dwellinghouse set within substantial grounds, on sloping land that rises from the site frontage. The dwelling was constructed around 2006 to a high standard using rainbow sandstone with carved stone features throughout. To the south, the land rises further to [address] and the crags of [address], and residential properties are located to both east and west of the site. A public right of way (PROW) lies beyond these three boundaries. The A679 [address] is to the north, with residences and business premises beyond. The site is accessed from [address].

The proposal is for the change of use of this residential property to a wedding venue. Operational development would include an entrance canopy, covered courtyard with retractable roof, alterations to create a roof terrace, widening of the existing access, formation of two car parking areas and installation of acoustic fencing. The siting of an occasional marquee is also proposed to the east of the courtyard. The capacity of the venue is proposed to be capped at 200 guests.

The development plan includes Burnley’s Local Plan (2018)(LP). Policy SP4 of the LP sets out the development strategy for the borough, stating that development in the open countryside will be strictly controlled. Whilst the supporting text states that development will only be permitted where there is a genuine need to be located in the countryside, this does not form part of the policy wording itself. Instead, the strict control of development in the countryside is managed by other relevant policies in the plan. Policy EMP5 of the LP relates to new rural businesses, amongst other things, and offers broad support for the establishment of new rural businesses, subject to a number of criteria, of which two are disputed.

Criterion (a) requires the business to be of a scale appropriate to and in keeping with the area in which it would be located. The proposed enterprise would involve the use of an existing building and, consequently, this would inherently be of an appropriate scale. Whilst for larger events there would be some overspill of floor area, this would be into the existing external courtyard, or to a temporary marquee which would be within the substantial surrounding garden, neither of which would be out of keeping with the size of the dwelling.

Criterion (e) seeks to ensure that access and car parking arrangements are also in keeping with the surrounding landscape and that traffic levels would not exceed the capacity of the road network. It will be seen below that I have found the car park to be of appropriate scale and character. In terms of traffic levels, the site is served directly by an A-road, a primary transport route intended to provide large scale transport links between areas. The effect of the proposal on highway capacity would be managed principally by capping the venue capacity at 200.

Whilst there are local concerns relating to the cumulative impact of the proposal alongside other recent developments in the wider locality, the proposal would generate relatively limited traffic movements for an A-class road, and these would typically be outside of standard peak hours. The local highways authority is satisfied that the proposal would not result in any adverse impact on the capacity of the local road network, and I see no substantive evidence to persuade me otherwise.

Therefore, the scale of the proposed enterprise would be in keeping with the existing dwelling, its gardens, the surrounding area, and the road network. The proposal complies with the first leg of policy EMP5, and it is not necessary for me to go on to determine the extent to which the proposed business would be a tourist facility, with regard to the second leg. It follows that the proposal also complies with the character and appearance aspects of policy EMP6 which relates to the conversion of rural buildings, regardless of whether the proposed car parking could be described as substantial engineering works.

The Council suggest that the proposal represents a town centre use requiring a sequential assessment. However, as the cited appeal decision1 makes clear, the definition of a wedding as a town centre use is not inevitable, and just because a wedding can take place in a town hall, for example, does not make it a town centre use. Rather this is a matter of planning judgement.

The Council’s assertion that the proposal fails, firstly, to demonstrate a functional need or operational requirement to be located within the open countryside and, secondly, that there may be sequentially preferable sites within local settlements, is misplaced. Such tests are not required by any of the above identified relevant policies. Even if there were such a requirement, I am not persuaded by the implication that weddings would be sequentially preferable when held in settlements as opposed to the countryside. Although wedding venues are not uses which must be sited outside development boundaries, equally, they need not be exclusively a town centre use. Consequently, I am satisfied that the proposed use is appropriate to a rural area and the specific location of the site, in accordance with the locational aspects of policy EMP6.

Overall, the proposed development would be in a suitable location with regard to local and national policies for new development in the countryside. The proposal complies with policies SP4, EMP5 and EMP6 of the LP and chapter 6 of the National Planning Policy Framework (the Framework). Policy TC2 is not relevant to this proposal as it relates to development that is to be located within town centres, which this proposal is not.

The landscape character of the area2 is defined as the broad area of the Calder Valley between the urban fringes of the key settlements and the sparser upper moorland fringes. Containing a diverse range of landscape elements, the character area is defined by features including gently undulating low-lying hills, improved pastures, hedgerow field boundaries, wooded cloughs and the influence of settlements and transport corridors. The site is not a sensitive or valued landscape, in terms of the Framework. Rather, it is a transitional landscape, being adjacent to the arterial [address], along which a variety of dwellings, driveways, hardstandings, livery buildings and other urban and semi-urban features are experienced. In this context, the effect of the proposal on the identified landscape features will be very limited, with the exception of the initial loss of a stretch of conifer hedging which would be replaced with a more beneficial native mixed hedgerow.

In terms of visibility, the only public viewpoints from which the proposed operational development including the car parks would be seen is from [address] and the PROW. [address] is of relatively low sensitivity, with drivers travelling at speeds of up to 60mph. The widened access would be clearly visible, but the remaining development would only be glimpsed at most, due to the existing and proposed landscaping features of the site. The main car park would be within a contained area, with landscaping and topography restricting visibility.

Whilst pedestrians walking along [address] are more sensitive users, the development would still only be glimpsed at most, and then in the context of fast- 1 Hearing document H1. 2 Landscape Character Area 6a Calder Valley, within the wider [name] 6 [name] and Valleys. moving traffic. From the PROW, which is of greater sensitivity, intervening topography and landscape features generally obscure the areas of proposed development. From the dwellings to the east and west, some acoustic fencing would be either visible or glimpsed through intervening tree planting. However, the height of this fencing would be seen at distance and be largely domestic in scale, at some 2.0 to 2.1 metres, and would not be incongruous.

The Council are also concerned about an increase in activity, movement, lighting, signage and commercial character into the rural area. Signage and permanent lighting would be subject to control through consents and conditions, whereas activity and movement would be predominantly limited to the arrival and departure of guests. This temporary and intermittent activity would not be so significant as to affect the landscape or character of the area, particularly as much movement would be screened. Taken together, the visual effect of the proposal would be no more than limited following construction, reducing to negligible following the growth of proposed mitigation planting.

Overall, the proposal would have no more than a limited adverse effect on the character and appearance of the site and surrounding area. The proposal accords with policies SP5, EMP5, EMP6 and NE3 of the LP. Together, these policies seek high quality design that respects landscape setting.

Policy SP6 of the LP seeks to retain and enhance the multifunctional green infrastructure in the borough, specifically corridor greening along [address]. At the hearing, the Council were unable to identify which single green infrastructure function the appeal site corridor supported.3 Nonetheless, the Council have withdrawn their ecology objection and, as detailed above, I have found that the proposal would not adversely affect the character and appearance of the area. Consequently, any wildlife or aesthetic function of the green corridor would not be harmed. On this basis, I conclude that the proposal would not have a significant adverse effect on green infrastructure, and policy SP6 is complied with.

The effect of the proposal on the safety of the local road network would be managed through a number of mitigation measures, including provision of a wider site access to allow two-way passing of vehicles, improved visibility splay, and laying out of 126 new car parking spaces. Local residents raise concern about the excessive speed of existing traffic and increased risk of accidents. However, whilst I do not doubt some vehicles may travel excessively, surveys indicate that average speeds are below the speed limit and, given the mitigations proposed, the effect would not be significant on this A-class road.

In terms of accessibility, the proposed wedding venue is a destination use that would draw visitors from both nearby and further afield and, in this respect, the Framework recognises that local business needs may need to be met in rural areas not well served by public transport. Nonetheless, the site is on an arterial route and within walking distance of a regular bus service to Burnley and 3 Figure 5 of policy SP6 identifies the number of potential functions supported along each length of identified corridor greening, with just one function shown along this stretch of [address]. Accrington, notwithstanding that the location is likely to be unattractive to walkers and cyclists.

The site is at low risk of surface water flooding. The new parking areas will be formed with permeable surfacing and the potential for ponding to occur to the west of the building is minimised by the presence of a gully. Overall, the proposal would not result in an increase in surface water flooding. As such, occupiers and site users would remain safe from current and future flood risk, without increasing flood risk elsewhere. Neither the local highways nor the lead local flood authorities raise any objection in respect of flooding.

An ecological survey indicates that the semi-improved grassland across the site is in poor condition, and that the building and the site are not favourable as species habitat, such that no harm would be caused, subject to a number of ecological conditions. Although the application was submitted before statutory biodiversity net gain requirements were introduced, the proposal would nonetheless achieve some 4.65% gain in habitat units and 58.99% in hedgerow units.

The proposal would also introduce mitigation measures to ensure that the living conditions of nearby residential properties, and the operational use of the nearby liveries and businesses, are not adversely affected. Subject to conditions for acoustic fencing and operational constraints to minimise disturbance from social activities, music and fireworks, the impact of the proposal would be acceptable.

Some local residents refer to impacts arising specifically from Muslim weddings, particularly to their size, however the application makes no reference to the proposal being for any particular religion or denomination and numbers are proposed to be capped. Regardless of asserted non-compliance with previous permissions at the site, I have assessed the current appeal proposal on its merits. Finally, the marketing of the property as a dwelling concurrent to the appeal does not prevent me reaching a decision on the proposed use.

A list of suggested conditions was circulated before the hearing and discussed at the event. Amendments have been made to the wording of some conditions for clarity or brevity, and to ensure accordance with the tests set out in paragraph 57 of the Framework.

A condition requiring compliance with plans is necessary for certainty (condition 2). In order to protect the living and operational conditions of nearby residents and businesses during the construction period, conditions are necessary for a construction management plan, provision of site access and control of construction deliveries (conditions 3, 7 and 27). To ensure that the site is appropriately drained, conditions are attached for surface water drainage strategy, foul drainage, construction surface water management plan, drainage system management and verification (conditions 4 - 6, 12 and 13). To protect ecological interests, conditions are necessary for a construction environmental management plan, lighting scheme, landscape and ecology management, biodiversity enhancement features and vegetation clearance (conditions 3, 8-10 and 20).

A condition for electric vehicle charging is necessary to contribute to climate change objectives and meet local plan requirements (condition 11). In the interests of the character and appearance of the site and surrounding area, a condition is attached for a landscaping scheme (condition 14). To protect the living and operational conditions of nearby residents and businesses, conditions are required for a noise management plan, setting off of fireworks, plant and music noise, operational hours and mitigation measures (conditions 15 and 21-26). In the interests of highway safety, and reducing the need to travel by car, conditions are required for maintenance of car parking areas, management of movement on the site, a travel plan and cycle parking (conditions 16-19). To ensure functions at the venue operate within capacity constraints, attendance is restricted (condition 28).

For the reasons given above, the proposed development accords with the identified development plan policies, and with the development plan as a whole, and there are no material considerations to indicate a decision other than in accordance with it. The appeal is allowed.

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

The development hereby permitted shall be carried out in accordance with the following approved plans; Location Plan - PL0-1 A; Proposed site Plan - PL1-1 E; Proposed Site Block Plan – PL1-0 B; Proposed Ground Floor Plan – PL1-2 B; [name] and [name] – PL1-3; [name] elevations – PL1-4; and [name] – PL1-5.

No groundbreaking works, excavation or site clearance shall take place until a Construction Management Plan (CMP) incorporating a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CMP and CEMP shall include: CMP: (a) details of the parking of vehicles of site operatives and visitors; (b) details of loading and unloading of plant and materials; (c) arrangements for turning of vehicles within the site; (d) swept path analysis showing access for the largest vehicles regularly accessing the site and measures to ensure adequate space is available and maintained, including any necessary temporary traffic management measures; (e) measures to protect vulnerable road users (pedestrians and cyclists); (f) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (g) wheel washing facilities; (h) measures to deal with dirt, debris, mud, or loose material deposited on the highway as a result of construction; (i) measures to control the emission of dust and dirt during construction; (j) details of a scheme for recycling/disposing of waste resulting from demolition and construction works; (k) construction vehicle routing; and (l) delivery, demolition, and construction working hours. CEMP: (a) risk assessment of potentially damaging construction activities; (b) identification of biodiversity protection zones; (c) practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements); (d) the location and timings of sensitive works to avoid harm to biodiversity features; (e) the times during which construction when specialist ecologists need to be present on site to oversee works; (f) responsible persons and lines of communication; (g) the role and responsibilities on site of an ecological clerk of works or similarly competent person; and (h) use of protective fences, exclusion barriers and warning signs if applicable. The approved CMP and CEMP shall be adhered to throughout the construction period for the development.

No groundbreaking works, excavation or site clearance shall take place until a detailed, final surface water sustainable drainage strategy for the site has been submitted to and approved in writing by the local planning authority. The detailed surface water sustainable drainage strategy shall be based upon the site-specific flood risk assessment (FRA 22 1166 - R1, dated March 2023 unless amended by FRA251263-[name] [site address] -R0 dated 28 November 2025) and indicative surface water sustainable drainage strategy (FRA 24 1055 – SUD - R0, dated June 2024) and sustainable drainage principles and requirements set out in the National Planning Policy Framework, Planning Practice Guidance and [name] for [name]. No surface water shall be allowed to discharge to the public foul sewer(s), directly or indirectly. The details of the drainage strategy to be submitted for approval shall include, as a minimum; (a) Sustainable drainage calculations for peak flow control and volume control for the (i) 100% (1 in 1-year) annual exceedance probability event; (ii) 3.3% (1 in 30-year) annual exceedance probability event + 30% climate change allowance, with an allowance for urban creep; and (iii) 1% (1 in 100-year) annual exceedance probability event + 40% climate change allowance, with an allowance for urban creep. Calculations must be provided for the whole site, including all existing and proposed surface water drainage systems. (b) Final sustainable drainage plans appropriately labelled to include, as a minimum: (i) site plan showing all permeable and impermeable areas that contribute to the drainage network either directly or indirectly, including surface water flows from outside the curtilage as necessary; (ii) sustainable drainage system layout showing all pipe and structure references, dimensions and design levels; to include all existing and proposed surface water drainage systems up to and including the final outfall; (iii) details of all sustainable drainage components, including landscape drawings showing topography and slope gradient as appropriate; (iv) drainage plan showing flood water exceedance routes in accordance with [name] for [name]; (v) finished floor levels (FFL) in AOD with adjacent ground levels for all sides of each building and connecting cover levels to confirm minimum 150 mm+ difference for FFL; (vi) details of proposals to collect and mitigate surface water runoff from the development boundary; (vii) measures taken to manage the quality of the surface water runoff to prevent pollution, protect groundwater and surface waters, and deliver suitably clean water to sustainable drainage components; (c) Evidence of an assessment of the site conditions to include site investigation and test results to confirm infiltration rates and groundwater levels in accordance with BRE 365. (d) Evidence of an assessment of the existing watercourse to be used, to confirm that this system is in sufficient condition and has sufficient capacity to accept surface water runoff generated from the development. (e) Evidence that a free-flowing outfall can be achieved. If this is not possible, evidence of a surcharged outfall applied to the sustainable drainage calculations will be required. The sustainable drainage strategy shall be implemented in accordance with the approved details.

No groundbreaking works, excavation or site clearance shall take place until details of the foul water drainage system has been submitted to and approved in writing by the local planning authority. The submitted details shall include the proposed means of foul water disposal and any associated infrastructure. The development shall thereafter be carried out in full accordance with the approved details.

No groundbreaking works, excavation or site clearance shall take place until a Construction Surface Water Management Plan, detailing how surface water and stormwater will be managed on the site during construction, including demolition and site clearance operations, has been submitted to and approved in writing by the local planning authority. The details of the plan to be submitted for approval shall include method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include for each phase, as a minimum: (a) measures taken to ensure surface water flows are retained on-site during the construction phase(s), including temporary drainage systems, and, if surface water flows are to be discharged, they are done so at a restricted rate that must not exceed the equivalent greenfield runoff rate from the site; and (b) measures taken to prevent siltation and pollutants from the site entering any receiving groundwater and/or surface waters, including watercourses, with reference to published guidance. The plan shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction.

Notwithstanding the plans submitted, no groundbreaking works, excavation or site clearance shall commence until a scheme for the construction of the site access has been submitted to and approved in writing by the local planning authority. The approved scheme shall be completed prior to the use first being brought into operation.

Notwithstanding the submitted details, prior to the commencement of development above ground level, a lighting design strategy for (i) biodiversity (to accord with ILP Publications' Guidance Note 8 Bats and artificial lighting), and (ii) amenity (to accord with Zone E2 (rural) of the latest Institution of Lighting Professionals Guidance Note for the reduction of obtrusive light) shall be submitted to and approved in writing by the local planning authority. The strategy shall include existing and proposed lighting within the development and: (a) identify those areas/features on site that are particularly sensitive for bats and other nocturnal wildlife that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and (b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed.

No development shall commence until a Landscape and Ecology Management Plan (LEMP) has been submitted to and approved in writing by the local planning authority. The content of the LEMP shall be designed to deliver a minimum of 4.65% biodiversity net gain in habitat units and 58.99% net gain in hedgerow units and shall include the following: (a) description and evaluation of the features to be managed; (b) ecological trends and constraints on site that might influence management; (c) aims and objectives of management, including specific targets for habitat creation and enhancement; (d) appropriate management options for achieving aims and objectives, including prescriptions for management actions; (e) preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period); (f) details of the body or organisation responsible for implementation of the plan; and (g) ongoing monitoring and remedial measures. The LEMP shall be implemented as approved.

Notwithstanding the submitted details, before above ground works commence, a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes and nesting opportunities for birds, shall be submitted to and agreed in writing with the local planning authority. The scheme shall include, but not be limited to, the following details: (a) description, design or specification of the type of feature(s) or measure(s) to be undertaken; (b) materials and construction to ensure long lifespan of the feature/measure; (c) a drawing(s) showing the location and where appropriate the elevation of the features or measures to be installed or undertaken; (d) when the features or measures will be installed within the construction, occupation, or phase of the development The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.

Prior to the commencement of the development above ground level, details of electric vehicle (EV) charging infrastructure shall be submitted to and approved in writing by the local planning authority. The details shall include: (a) the locations of all on-site EV charging points, including any dedicated parking bays; (b) specifications for the charging units, including power output and technological standards; (c) details of the future-proofing measures for additional charging points, where applicable; and (d) installation and operational requirements, including signage, protection measures, and connection points. The approved EV charging infrastructure shall be installed and made operational in accordance with the approved details prior to the use hereby permitted being brought into operation and shall be maintained thereafter for the duration of the development.

The commencement of use of the development shall not be permitted until a site-specific Operation and [name] for the lifetime of the development, pertaining to the surface water drainage system and prepared by a suitably competent person, has been submitted to and approved in writing by the local planning authority. The details of the manual to be submitted for approval shall include, as a minimum: (a) a timetable for its implementation; (b) details of the maintenance, operational and access requirement for all SuDS components and connecting drainage structures, including all watercourses and their ownership; (c) pro-forma to allow the recording of each inspection and maintenance activity, as well as allowing any faults to be recorded and actions taken to rectify issues; (d) the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme in perpetuity; (e) details of financial management including arrangements for the replacement of major components at the end of the manufacturer's recommended design life; (f) details of whom to contact if pollution is seen in the system or if it is not working correctly; and (g) means of access for maintenance and easements. Thereafter the drainage system shall be retained, managed, and maintained in accordance with the approved details.

The commencement of use of the development shall not be permitted until a site-specific verification report, pertaining to the surface water sustainable drainage system, and prepared by a suitably competent person, has been submitted to and approved in writing by the local planning authority. The verification report must, as a minimum, demonstrate that the surface water sustainable drainage system has been constructed in accordance with the approved drawing(s) (or detail any minor variations) and is fit for purpose. The report shall contain information and evidence, including photographs of details and locations (including national grid references) of critical drainage infrastructure (including inlets, outlets, and control structures) and full as-built drawings. The scheme shall thereafter be maintained in perpetuity.

The development hereby permitted shall not be occupied until full details of the hard and soft landscaping works have been submitted to and approved in writing by the local planning authority. The said scheme shall broadly accord with Planting Plan drawing number 201 [name] and shall include the formation of any banks, terraces or other earthworks, hard surfaced areas and materials, boundary treatments and gates, planting plans, specifications and schedules (including planting size, species and numbers/densities), and existing plants / trees to be retained. The landscaping works shall be carried out in accordance with the approved scheme for timing / phasing of implementation or within the next planting season following final occupation of the development hereby permitted, whichever is the sooner. Any trees or shrubs planted or retained in accordance with this condition which are removed, uprooted, destroyed, die or become severely damaged or become seriously diseased within 5 years of planting shall be replaced within the next planting season by trees or shrubs of similar size and species to those originally required to be planted.

Notwithstanding the submitted documents, prior to the use first being brought into operation, a Noise Management Plan shall be submitted to and approved by the local planning authority to provide a method of the control of noise arising from customers and vehicles using the development, measures to include qualitative noise monitoring throughout each event and measures to ensure that customers departing from the venue and car park do so quietly and efficiently. The development shall be carried out in accordance with the approved plan.

No part of the development shall be brought into use until details have been submitted to and approved in writing by the local planning authority showing how the car parking area has been surfaced and laid out with the parking spaces and manoeuvring areas clearly marked out to accord with the approved drawing number PL1-1E. The car parking area shall thereafter be kept free of obstruction and available for the parking of cars at all times.

The use hereby permitted shall not be brought into operation until an Event/Site Management Plan has been submitted to and agreed in writing by the local planning authority. The plan shall detail measures to be undertaken on-site in order to manage traffic and pedestrian movements and details of waste storage, refuse and collection. The development shall be carried out in accordance with the approved plan.

The development hereby approved shall be undertaken in accordance with the measures and actions set out within the approved Travel Plan ([name]: 1840/2, prepared by [name], dated June 2023). Within 6 months of the first use of the wedding venue or following the first six events, whichever occurs later, an updated Travel Plan shall be submitted to and approved in writing by the local planning authority. The updated Travel Plan shall be informed by baseline travel survey data and shall include as a minimum: (a) contact details of a named Travel Plan Co-ordinator; (b) results of travel surveys undertaken at the site; (c) details of existing and proposed walking, cycling and public transport links to the site; (d) details of the provision and management of cycle parking; (e) clear objectives and SMART targets for modal shift towards sustainable transport; (f) a programme of measures and initiatives to achieve the agreed targets, including timescales and funding; and (g) arrangements for monitoring, review and reporting of the Travel Plan over a minimum period of 5 years. The development shall be carried out in accordance with the approved updated plan.

Prior to the first occupation of the development hereby permitted details of cycle parking, including its external appearance, location and the means of secure storage proposed shall first be submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details and shall be made available for future occupants prior to occupation, permanently retained thereafter and used for no other purpose.

There shall be no vegetation clearance or tree works on any phase during the bird breeding season (March to August inclusive). If this is not possible the vegetation should be surveyed immediately prior to removal by a suitably qualified ecologist. If active nests/ nesting birds are present, the relevant works must be delayed until the chicks have left the nest. If nesting birds are found, a strategy to protect them must be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

There shall be no setting off of fireworks within the grounds of the premises.

The development hereby permitted shall be designed so that the rating levels for cumulative noise from external plant and from any equipment shall not exceed the existing background noise level (LA90) at the external façade of any noise sensitive premises, as assessed in accordance with [name] 4142(2014) or any subsequent replacement national standards.

Music noise levels measured in terms of LAeq,15min at 1m from the façade of any noise sensitive room of nearby receptors shall not exceed the background noise levels (i.e. without music playing) measured in terms of LA90. In addition, music noise levels measured in the same way as above in the 63 Hz and 125Hz octave bands should not exceed the background noise levels also as measured above in respective octave bands.

The premises shall be open for use as a venue between 0900 hours to 0000 hours only and the playing of live or recorded music shall cease at 2300 hours.

The use of the marquee or gazebo when the roof is in a retracted or open position shall be limited to between the hours of 0900 hours to 2300 hours only. Outside of these hours, the roof shall remain fully closed and no customer use shall take place when the roof is retracted.

No part of the development shall be brought into use until the acoustic mitigation measures relating to noise arising from car park use, as set out in the Noise Impact Assessment dated 23 April 2024 prepared by [name] (reference ARR/C/3587.01 [name]), including the acoustic boundary fence and the Noise Management Plan, have been fully implemented. The development shall thereafter be carried out in accordance with the approved mitigation measures.

Construction deliveries to the approved development shall only take place between the hours of 0900 hours and 1500 hours on Mondays to Fridays inclusive. No construction deliveries shall take place on Saturdays, Sundays or [name].

The number of persons attending the venue for any function or event shall not exceed 200 guests at any one time. The operator shall maintain a register of all events and guest numbers, which shall be made available for inspection by the local planning authority upon request. End of Schedule