Planning Application W/22/02253/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 provided on the application form and the plans, drawings and documents set out in the schedule of plans titled ' W/22/02253/FUL - Land At (OS 0565 4613) Three Cocks Lane Offenham January 2024'.

Reason: To define the permission.

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No above ground building operations hereby permitted shall commence until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority.


The details to be submitted shall include:- - type, colour, texture, size or brickwork/render and roofing materials, and colour and finish of windows and doors The development shall be carried out using the materials as approved.

Reason: To ensure that the new materials represent quality design in accordance with policy SWDP21 of the South Worcestershire Development Plan.

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The Development hereby approved shall not be occupied until the access, parking and turning facilities have been provided as shown on drawing ref: -003 Rev C titled ‘Proposed Residential Development’ and drawing ref: SK04 Rev A.

Reason: To ensure conformity with submitted details

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The Development hereby approved shall not be occupied until the visibility splays shown on drawing ref: SK04 Rev A have been provided. The splays shall at all times be maintained free of obstruction exceeding a height of 0.6m above adjacent carriageway.

Reason: In the interests of highway safety.

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The Development hereby permitted shall not be first occupied until the proposed garages/dwellings have been fitted with an electric vehicle charging point. The charging points shall comply with BS EN 62196 Mode 3 or 4 charging and BS EN 61851 and the Worcestershire County Council Streetscape Design Guide. The electric vehicle charging points shall be retained for the lifetime of the development unless they need to be replaced in which case the replacement charging point(s) shall be of the same specification or a higher specification in terms of charging performance.

Reason: To encourage sustainable travel and healthy communities.

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The Development hereby permitted shall not be first occupied until sheltered and secure cycle parking to comply with the Council’s adopted highway design guide has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority and thereafter the approved cycle parking shall be kept available for the parking of bicycles only.

Reason: To comply with the Council’s parking standards.

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The Development hereby approved shall not be occupied until the applicant has submitted to and had approval in writing from the Local Planning Authority a residential welcome pack promoting sustainable forms of access to the development. The pack shall be provided to each resident at the point of occupation.

Reason: To reduce vehicle movements and promote sustainable access

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The Development hereby approved shall not commence until a Construction Transport Management Plan (CTMP) has been submitted to and approved in writing by the Local Planning Authority. This shall include but not be limited to the following:-

• Measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway;

• Details of site operative parking areas, material storage areas and the location of site operatives facilities (offices, toilets etc);

• The hours that delivery vehicles will be permitted to arrive and depart, and arrangements for unloading and manoeuvring.

• Details of any temporary construction accesses and their reinstatement.

• A highway condition survey, timescale for re-inspections, and details of any reinstatement.

The measures set out in the approved Plan shall be carried out and complied with in full during the construction of the development hereby approved. Site operatives' parking, material storage and the positioning of operatives' facilities shall only take place on the site in locations approved by in writing by the local planning authority.

Reason: To ensure the provision of adequate on-site facilities and in the interests of highway safety.

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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 improvement works with the Highway Authority (Worcestershire County Council, WCC), nor does it confirm detailed design approval by the Highway Authority until the design check process has been concluded. Upon the satisfactory completion of the technical check the design would be suitable to allow relevant 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 to allow the works and the applicant has complied with the requirements of the New Roads and Streetworks Act 1991 (NRSWA) and Traffic Management Act 2004. The person or organisation shall follow the necessary procedure by applying to WCC Streetworks Team for road space for a period to be agreed.

WCC normally use Section 278 to allow the developer to employ a contractor and for that contractor to work on the existing public highway in the same way as if WCC were conducting the works.

When any work is undertaken by a party acting on behalf of a developer on the existing adopted highway it will also be necessary to electronically provide notices to WCC (start date, location, workspace area) to allow these works to take place in accordance with NRSWA. Also, details regarding temporary traffic management controls for works in the public highway are to be submitted to WCC for approval using the online application process.

The applicant is urged to engage with WCC 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 term “highway improvement works” includes, but is not limited to, a proposed junction or access arrangement, highway drainage, street lighting, structures in or adjacent to highway, and any necessary traffic regulation orders or statutory notice

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If it is the applicant's intention to request the County Council, as Highway Authority, to adopt the proposed roadworks as maintainable at the public expense, then details of the layout and alignment, widths and levels of the proposed roadworks, which shall comply with any plans approved under this planning consent unless otherwise agreed in writing, together with all necessary drainage arrangements and run off calculations shall be submitted to the County Council's Network Control Manager, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP. No works on the site of the development shall be commenced until these details have been approved by the County Council as Highway Authority and an Agreement under Section 38 of the Highways Act, 1980, entered into.

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The applicant's attention is drawn to the need to ensure that the provision of the visibility splay(s) required by this consent is safeguarded in any sale of the application site or part(s) thereof.

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Any work involving the removal or disturbance of ground or structures supporting or abutting the publicly maintained highway should be carried out in accordance with details to be submitted to and approved in writing by the Highway Authority.

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This consent does not authorise the erection of temporary direction signs on the public highway. Should the applicant wish to direct traffic to the development site they should seek the consent of the Highway Authority. All temporary directional sign proposals should be submitted to the Network Control Manager, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP. No signs should be erected without the consent of the Highway Authority.

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It is expected that contractors are registered with the Considerate Constructors scheme and comply with the code of conduct in full, but particular reference is made to "respecting the community" this says:

Constructors should give utmost consideration to their impact on neighbours and the public

• Informing, respecting and showing courtesy to those affected by the work.
• Minimising the impact of deliveries, parking and work on the public highway.
• Contributing to and supporting the local community and economy.
• Working to create a positive and enduring impression, and promoting the Code.

The CEMP should clearly identify how the principle contractor will engage with the local community, this should be tailored to local circumstances. Contractors should also confirm how they will manage any local concerns and complaints and provide an agreed Service Level Agreement for responding to said issues.

Contractors should ensure that courtesy boards are provided and information shared with the local community relating to the timing of operations and contact details for a site coordinator in the event of any difficulties.

This does not offer any relief to obligations under existing Legislation

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No development shall begin until a Construction Environment Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following details:-

a. details to minimise the impact of noise, vibration and dust from construction, demolition and site clearance activities and the traffic associated with this development, including a scheme for vehicle wheel cleaning and other measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway. The CEMP shall broadly accord with BS 5228 - 1&2:2009 +A1:2014 (Code of practice for noise and vibration control on construction and open sites) and the WRS Demolition and Construction Guidance;

b. details of site operative parking areas, material storage areas and the location of site operative facilities (offices, toilets etc);

c. restrictions on burning;

d. details in relation to the prevention of pollution of waterways;

e. construction exclusion zones to prevent soil compaction in areas to be planted and remediation proposals for any soil compaction which does occur;

f. a strategy for the handling and storage of topsoil;

g. a management strategy and proposals for the minimisation of construction waste;

h. details of any temporary construction accesses and their reinstatement;

i. a scheme of temporary signage to direct construction related traffic to enter and exit the site; and

j. a highway condition survey, timescale for re-inspections, and details of any reinstatement.

k. where the development site includes a public right of way, measures to manage and maintain safe use of the right of way by the public and avoid or minimise the need for temporary closure.

The measures set out in the approved Plan shall be carried out and complied with in full during the construction of the development hereby approved. Site operatives' parking, material storage and the positioning of operatives' facilities shall only take place on the site in locations approved in writing by the Local Planning Authority.

The CEMP should generally comply with the requirements of Worcestershire Regulatory Services Code of Best Practice for Demolition and Construction Sites 2nd Edition September 2020 and the Construction Logistics and Community Safety (CLOCS) Standard www.clocs.org.uk/clocsworks

Reason: To protect existing and new occupiers of residential areas from the unreasonable effects of noise, vibration, light and dust nuisance, to avoid and mitigate for any potential impact on protected species, minimise the risk of accidents and ensure public rights of way are kept available where possible for the duration of the construction, in accordance with Policies SWDP4, 21 and 22 of the South Worcestershire Development Plan.

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No building hereby permitted shall be occupied until the surface water drainage scheme for the site has been completed in accordance with the details shown on the approved plans/documents (Drainage Strategy Layout Plan 22306_01_230_01 Rev A ? 26.09.22) . The drainage scheme shall be managed and maintained thereafter in accordance with the approved details submitted with the application. Reason: To ensure development would not result in unacceptable risk of pollution or harm to the environment and to ensure the proposed development does not exacerbate flood risk and deals with surface water run-off from the site in a sustainable manner, in accordance with policies SWDP28, SWDP29 and SWDP 30 of the South Worcestershire Development Plan.

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Development, other than that required to be carried out as part of an approved scheme of remediation, shall not commence until Parts 1 to 6 have been complied with: Part 1 A preliminary risk assessment shall be carried out. This study shall take the form of a Phase I desk study and site walkover and shall include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and any other relevant information. A preliminary risk assessment report including:- - a diagrammatical representation (conceptual model) based on the information above; and - all potential contaminants, sources and receptors to determine whether a site investigation is required shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of construction works on the development hereby approved. Part 2 Where an unacceptable risk is identified and prior to the commencement of construction work on the development hereby permitted a scheme for detailed site investigation shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed to assess the nature and extent of any contamination and shall be led by the findings of the preliminary risk assessment. Part 3 Where part 2 applies, a detailed site investigation and risk assessment shall be undertaken in accordance with the approved scheme required under Part 2 and a written report of the findings produced, submitted to and approved in writing by the local planning authority. The investigation/assessment shall be approved prior to the commencement of construction works on the development hereby approved. Part 4 Where identified as necessary in the report approved under Part 3, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors shall be produced, submitted to and approved in writing by the local planning authority. The scheme shall include an implementation programme. The scheme shall be approved prior to the commencement of construction works on the development hereby approved. Part 5 The remediation scheme approved under Part 4 shall be carried out in accordance with the approved implementation programme. Part 6 Following the completion of the measures identified in the remediation scheme approved under Part 4, a validation report that demonstrates the effectiveness of the remediation carried out shall be produced, submitted to and approved in writing by the Local Planning Authority. None of the development hereby approved shall be occupied/first used until the validation report has been approved. Part 7 In the event that contamination is found at any time when carrying out the approved development that was not previously identified in the report approved under Part 3, construction works shall cease and this shall be reported immediately in writing to the Local Planning Authority. In such circumstances an investigation and risk assessment must be undertaken and a revised remediation scheme must be produced, submitted to and approved in writing by the Local Planning Authority. Development works shall not resume until the revised remediation scheme has been approved in writing. The measures as set out in the revised remediation scheme shall be carried out. Following the completion of any measures identified in the approved revised remediation scheme a validation report must be produced, submitted to and approved in writing by the Local Planning Authority. None of the development hereby approved shall be occupied/first used until the validation report has been approved.

Reason: To ensure that the proposed development avoids significant adverse impacts from pollution in accordance with policy SWDP31 of the South Worcestershire Development Plan.

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Prior to the commencement of development an Arboricultural Method Statement (AMS) shall be submitted to and approved in writing by the Local Planning Authority. This document shall outline protective measures against issues such as excavation encroachment on tree root protection areas, soil compaction from plant traffic etc in line with BS 5837. The development shall proceed fully in accordance with the approved details.

Reason: To prevent existing trees/hedges from being damaged during construction work and to preserve the amenities of the locality.

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(A) No development shall take place until a programme of archaeological work, including a Written Scheme of Investigation, has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and:

1) The programme and methodology of site investigation and recording.
2) The programme for post investigation assessment.
3) Provision to be made for analysis of the site investigation and recording.
4) Provision to be made for publication and dissemination of the analysis and records of the site investigation.
5) Provision to be made for archive deposition of the analysis and records of the site investigation.
6) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

(B) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

Reason: In accordance with the requirements of paragraphs 189 and 199 of the National Planning Policy Framework 2012 (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.

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Before the commencement of construction works on the development hereby permitted OR Before the first use/occupation of the development hereby permitted a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include:- (i) a plan(s) showing details of all existing trees and hedges on the application site. The plan should include, for each tree/hedge, the accurate position, canopy spread and species, together with an indication of any proposals for felling/pruning and any proposed changes in ground level, or other works to be carried out, within the canopy spread. (ii) a plan(s) showing the layout of proposed tree, hedge and shrub planting and grass areas. (iii) a schedule of proposed planting - indicating species, sizes at time of planting and numbers/densities of plants. (iv) a written specification outlining cultivation and other operations associated with plant and grass establishment. (v) a schedule of maintenance, including watering and the control of competitive weed growth, for a minimum period of five years from first planting. All planting and seeding/turfing shall be carried out in accordance with the approved details in the first planting and seeding/turfing seasons following the completion or first occupation/use of the development, whichever is the sooner. The planting shall be maintained in accordance with the approved schedule of maintenance. Any trees or plants which, within a period of five years from the completion of the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21, SWDP22 and SWDP25 of South Worcestershire Development Plan.

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Prior to the commencement of development hereby approved a landscape and ecological management plan (LEMP) shall be submitted to and agreed in writing by the Local Planning Authority. The content of the LEMP shall be guided by the requirement to achieve the Biodiversity Net Gain scheme approved under condition (10) above and maintain this after implementation, 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;
d. Appropriate management options for achieving aims and objectives;
e. Prescriptions for management actions;
f. Preparation of a work schedule, including an annual work plan capable of being rolled forward over a five-year period and for a minimum of 30 years thereafter;
g. Details of the body or organisation responsible for implementation of the plan;
h. On-going monitoring and remedial measures.

The plan shall also set out where the results of the monitoring show that conservation aims and objectives of the LEMP are not being met, and how contingencies and/or remedial action identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

The LEMP will be implemented in accordance with the approved details.

Reason: To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site, and to ensure the proposal harmonises with the surroundings in accordance with policies SWDP21, SWDP22 and SWDP25 of the South Worcestershire Development Plan 2016.

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No development shall take place (including any ground works, demolition or site clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall be based on the recommendations made in the Preliminary Ecological Appraisal by Betts Ecology dated October 2022, and shall include the following:
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. Detailed great crested newt, reptile and bat mitigation strategies;
e. The location and timing of sensitive works to avoid harm to biodiversity features;
f. The times during construction when specialist ecologists need to be present on site to oversee works;
g. Responsible persons and lines of communication;
h. The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;
i. Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 and SWDP policy 22.

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Prior to the commencement of development hereby approved a landscape and ecological management plan (LEMP) shall be submitted to and agreed in writing by the Local Planning Authority. The content of the LEMP shall be based on the approved Landscape Scheme and shall be guided by the requirement to achieve the Biodiversity Net Gain demonstrated through the Biodiversity Net Gain Calculation document by Betts Ecology, ref. S:6920 J001722, dated May 2023 and the 6920 Metric calculations dated 09 May 2023, and shall maintain this after implementation. It shall include the following:
a. Details (type and location) of wildlife boxes;
b. Description and evaluation of the features to be managed;
c. Ecological trends and constraints on site that might influence management;
d. Aims and objectives of management;
e. Appropriate management options for achieving aims and objectives;
f. Prescriptions for management actions;
g. Preparation of a work schedule, including an annual work plan capable of being rolled forward over a five-year period and for a minimum of 30 years thereafter;
h. Details of the body or organisation responsible for implementation of the plan;
i. On-going monitoring and remedial measures.
The plan shall also set out where the results of the monitoring show that conservation aims and objectives of the LEMP are not being met, how contingencies and/or remedial action identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.
The LEMP will be implemented in accordance with the approved details.

Reason: To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site, and to ensure the proposal harmonises with the surroundings in accordance with policies SWDP21, SWDP22 and SWDP25 of the South Worcestershire Development Plan 2016.

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Before the development hereby permitted is first occupied/used, details of any external lighting to be provided in association with the development shall be submitted to and approved in writing by the Local Planning Authority. The details shall include times when the external lighting will not be switched on. Only external lighting in accordance with approved details shall be provided on the application site. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) there shall be no other external lighting provided on the application site.
Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan.

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The development hereby approved shall not be occupied until a detailed boundary treatment plan has been submitted to, and approved in writing by the Local Planning Authority. The plan shall include details of the positions, design and materials used in the construction of the boundary treatments to be erected/planted and shall incorporate hedgehog friendly detailing into boundary fencing. The approved details shall be fully implemented before the first occupation of the development and shall be retained thereafter.

Reason: To ensure the safeguarding of the rural landscape and visual amenity and to provide biodiversity inclusions in accordance with Policies SWDP21, 22 and 25 of the South Worcestershire Development Plan, 2016.

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The development shall be carried out in accordance with the submitted Sustainability Statement.

Reason: To ensure the development supports the delivery of low carbon/renewable energy and safeguards natural resources in accordance with policy SWDP27 of the South Worcestershire Development Plan.

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Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- providing pre-application advice; - seeking further information following receipt of the application; - seeking amendments to the proposed development following receipt of the application; - considering the imposition of conditions and or the completion of a s.106 legal agreement. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

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No building hereby permitted shall be occupied until details of the design, implementation, maintenance and management of foul water drainage works have been submitted to and approved in writing by the local planning authority. The development shall be carried out, and the drainage maintained/managed, in accordance with the approved details. Reason: To ensure development would not result in unacceptable risk of pollution or harm to the environment in accordance with policy SWDP30 of the South Worcestershire Development Plan.

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View this application at the Wychavon Planning Portal