Planning Application W/22/00936/FUL

View this application at the Wychavon Planning Portal

Application Details

This application has been approved

The following conditions and information notes are associated with the approval

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The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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Unless where required or allowed by other conditions attached to this permission/consent, the development hereby approved shall be carried out in accordance with the information (including details on the proposed materials) provided on the application form and the following plans/drawings/documents –
Location Plan
Proposed Block Plan
Existing Block plan
Proposed Drainage Plan
Proposed Site Plan - FC01
AB/01
AB/02 A
14522/1
101-GEO2-ABY
Petrol Pump elevations

Reason: To define the permission.

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Prior to the first use/occupation of the development hereby permitted, the details set out in the submitted Water Management Statement shall be fully implemented and remain thereafter. Reason: To ensure that an appropriate sustainable drainage system is provided to serve the development in accordance with policy SWDP29 of the South Worcestershire Development Plan 2016.

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The Development hereby approved shall not be brought into use until the parking and turning facilities have been provided as shown on drawing titled Proposed Site layout, FC01.
Reason: To ensure conformity with submitted details.

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The development hereby approved shall not be brought into use until the existing drop kerbing between the In and Out entrance shall be permanently closed and reinstated to full face kerbing and footway to match in accordance with details that shall have been submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure the safe and free flow of traffic using the adjoining highway.

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Before the first use of the development hereby permitted, drainage arrangements shall be provided to ensure that surface water from the application site does not discharge onto the public highway. No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway. The development shall be carried out in accordance with details that have been submitted to and approved in writing by the Local Planning Authority.
Reason: In the interests of highway safety

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No development shall take place until a Construction Environment Management Plan has been submitted to and approved in writing by the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide for:
a) The parking of vehicles of site operatives and visitors within the application
site.
b) Loading and unloading of plant and materials within the application site.
c) Storage of plant and materials within the application site.
d) Measures to ensure that vehicles leaving the site do not deposit mud or other
detritus on the public highway.
e) Measures to control the emission of dust and dirt during construction
f) Responsible persons and lines of communication.
g) Details of the routing of HGV, s and delivery lorries on the highway network
associated with the proposed development to and from the site together with
agreed traffic management measures.
Reason: To ensure the provision of adequate on-site facilities in the interests of
highway safety.

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In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. The applicant is advised to immediately seek the advice of an independent geo-environmental consultant experienced in contaminated land risk assessment, including intrusive investigations and remediation.
No further works should be undertaken in the areas of suspected contamination, other than that work required to be carried out as part of an approved remediation scheme, unless otherwise agreed by the Local Planning Authority, until requirements 1 to 4 below have been complied with:
1. Detailed site investigation and risk assessment must be undertaken by competent persons in accordance with the Environment Agency's 'Land Contamination: Risk Management' guidance and a written report of the findings produced. The risk assessment must be designed to assess the nature and extent of suspected contamination and approved by the Local Planning Authority prior to any further development taking place.
2. Where identified as necessary, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors must be prepared and is subject to the approval of the Local Planning Authority in advance of undertaking. The remediation scheme must ensure that the site will not qualify as Contaminated Land under Part 2A Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
3. The approved remediation scheme must be carried out in accordance with its terms prior to the re-commencement of any site works in the areas of suspected contamination, other than that work required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.
4. Following completion of measures identified in the approved remediation scheme a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval of the Local Planning Authority prior to the occupation of any buildings on site.

Reason
To ensure that the risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecosystems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

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Prior to the occupation of any part of the development hereby permitted the renewable/low carbon energy generating facilities details set out in the Energy Statement shall be fully implemented and operational and shall remain as such in perpetuity.

Reason: To ensure the proposed development includes sufficient renewable/low carbon energy generating facilities to comply with Policy 27 of the South Worcestershire Development Plan 2016.

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The development hereby permitted shall be carried out in accordance with the details of the lighting report produced by Bever Innovation, Report-External-V2-ISC20220809.

Reason - To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP1, SWDP21 and SWDP25 of South Worcestershire Development Plan.

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This permission does not authorise the applicant to carry out works within the publicly maintained highway since such works can only be carried out by the County Council’s Approved Contractor, Ringway Infrastructure Service who can be contacted by email [email protected]. The applicant is solely responsible for all costs associated with construction of the access.

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The granting of this planning permission does not remove any obligations on the applicant to undertake a technical design check of the proposed highway kerbing works and footway reconstruction with the Highway Authority, nor does it confirm acceptance of the proposal by the Highway Authority until that design check process has been concluded. Upon the satisfactory completion of the technical check the design would be suitable to allow conditions imposed under this permission to be discharged but works to the public highway cannot take place until a legal agreement under Section 278 of the Highways Act 1980 has been entered into and the applicant has complied with the requirements of the Traffic Management Act 2004.
The applicant is urged to engage with the Highway Authority as early as possible to ensure that the approval process is started in a timely manner to achieve delivery of the highway works in accordance with the above-mentioned conditions.
The applicant should be aware of the term “highway works” being inclusive of, but not limited to, the proposed junction arrangement, street lighting, structures and any necessary traffic regulation orders.

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Positive and Proactive Statement. No problems have arisen in dealing with this application. The planning application sought an acceptable form of development consistent with the requirements of relevant policies and material considerations. No amendments or alterations were therefore required and no further positive or proactive action was deemed necessary.

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View this application at the Wychavon Planning Portal