Planning Application W/22/02745/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 – [insert all approved plan numbers].

Location Plan rev A
Access and visibility splays - 28029/08/020/01 rev c
Proposed site plan – 2942-01 rev H
Proposed site GF – 2942-02 rev C
Site layout plan (GL) – 2942-003 rev D
Site layout plan (first level) – 2942-004
Proposed plans plot 1 – 2942-10 rev B
Proposed plans plot 2 – 2942-11 rev A
Proposed plans plot 3 – 2942-12 rev B
Proposed plans plot 4 – 2942-13 rev B
Proposed plans plot 5 – 2942-14 rev B
Proposed plans plot 6 – 2942-15 rev A
Proposed car port plot 6 – 2942-16
Proposed elevations plot 1 – 2942-70 rev A
Proposed elevations plot 2 – 2942-71 rev A
Proposed elevations plot 3 – 2942-72 rev B
Proposed elevations plot 4 – 2942-73 rev B
Proposed elevations plot 5 – 2942-74 rev B
Proposed elevations plot 6 – 2942-75 rev A

Reason: To define the permission.

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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 194 and 205 of the National Planning Policy Framework 2012 (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.

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The Development hereby approved shall not commence until a Construction Environmental Management Plan 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 the local planning authority in writing.

Reason: To ensure the provision of adequate on-site facilities and in the interests of highway safety in accordance with policy SWDP4 of the South Worcestershire Development Plan.

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Prior to the commencement of the development hereby permitted details (numbers, types and locations) of wildlife boxes, such as bat roosting opportunities, bird nesting and insect boxes, and features such as herpetofauna refugia shall be submitted to and approved in writing by the local planning authority. The approved features shall be installed in accordance with the approved details prior to the first occupation/use of the development hereby approved and retained thereafter.

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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No development hereby approved shall take place (including any ground works, demolition or 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 include:

a. Risk assessment of potentially damaging construction activities, including pollution from noise, dust and lighting in relation to both on-site and off-site receptors;
b. Identification of measures to protect any reptiles and amphibians;
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 timing of sensitive works to avoid harm to biodiversity features;
e. Responsible persons and lines of communication;

The approved CEMP shall be adhered to and implemented throughout the construction period 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 (as amended) and in accordance with policy SWDP 22 of the South Worcestershire Development Plan 2016

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Prior to commencement of development hereby approved details of how the development will enhance biodiversity within the site (demonstrating a minimum of 10 % net biodiversity net gain) shall be submitted to and approved in writing by the local planning authority. The details shall include:

- Updated Metric calculations based on the detailed site layout and landscape scheme, and calculated using the latest version of the Defra metric and up-to-date baseline habitat and condition assessments and justifications;
- A Biodiversity Gain Plan;
- A timetable for implementation.

The development shall be carried out in accordance with the approved details.

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 2016 and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 (as amended).

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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 (7) above, and to manage ecological enhancements approved under condition (5) and maintain this after implementation. The content of the LEMP 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 an initial five-year period and 30 years thereafter;
g. Details of the body or organisation responsible for implementation of the plan;
h. Ongoing 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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Notwithstanding information shown on the supporting plans, prior to commencement of development hereby approved details of water efficiency measures and a site wide drainage strategy for surface and foul water drainage has been submitted to, and approved in writing by the Local Planning Authority. The scheme shall include the results of an assessment into the potential of disposing of surface water by means of a sustainable drainage system (SuDS) and shall provide an appropriate level of runoff treatment. The approved scheme shall be completed prior to the occupation of the first dwelling of the development hereby approved.

Reason: To protect against the risk of flooding and to ensure that the site can be adequately drained and to ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policies SWDP22, SWDP28, SWDP29 and SWDP31 of the South Worcestershire Development Plan.

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Notwithstanding information shown on the supporting plans, prior to commencement of development hereby approved, details of a SuDS management plan which will include details on future management responsibilities, along with maintenance schedules for all SuDS features and associated pipework has been submitted to and approved in writing by the Local Planning Authority. This plan shall detail the strategy that will be followed to facilitate the optimal functionality and performance of the SuDS scheme throughout its lifetime. The approved SuDS management plan shall be implemented in accordance with the approved details.

Reason: To protect from the risk of flooding and to ensure that the site can be adequately drained in accordance with policy SWDP29 of the South Worcestershire Development Plan.

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Notwithstanding the information shown on the submitted plans, before the development hereby permitted is first occupied/use, details of all boundary treatment, that include ‘hedgehog highways’ shall have been submitted to and approved in writing by the Local Planning Authority. The approved fence/boundary treatment shall be provided prior to the first occupation of the development hereby permitted and maintained as such thereafter.

Reason: To ensure the proposal harmonises with the surroundings and in the interests of conserving biodiversity in accordance with policies SWDP21 and SWDP22 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 proposed development does not have an adverse effect on the character and appearance of the area, and contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policies SWDP1, SWDP21, SWDP22 and SWDP25 of South Worcestershire Development Plan.

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Notwithstanding the information shown on the submitted plans, before the first use/occupation of the development hereby permitted a scheme of soft and hard 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.
(vi) landscaping at the rear of the site to be designed to include habitat suitable for reptiles and amphibians.

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 and SWDP25 of South Worcestershire Development Plan.

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Unless otherwise agreed by the Local Planning Authority in writing, development, other than that required to be carried out as part of an approved scheme of remediation, development hereby approved shall not commence until requirements of 21.1 to 21.5 below have been
complied with:

21.1. A preliminary risk assessment (a Phase I desk study) submitted to the Local Authority in support of the application has identified unacceptable risk(s) exist on the site as represented in the Conceptual Site Model. A scheme for detailed site investigation must be submitted to and approved in writing by the Local Planning Authority prior to being undertaken to address those unacceptable risks identified. The scheme must be designed to assess the nature and extent of any contamination and must be led by the findings of the preliminary risk assessment. The investigation and risk assessment scheme must be compiled by competent persons and must be designed in accordance with the Environment Agency's "Land Contamination: Risk Management" guidance.

22.2. The detailed site investigation and risk assessment must be undertaken in accordance with the approved Scheme and a written report of the findings produced. This report must be approved by the Local Planning Authority prior to any development taking place.

23.3. Where the site investigation identified remediation is required, 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.

24.4. The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.

25.5 Following the completion of the measures identified in the approved remediation scheme a validation 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.

26.6 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 in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and
where necessary a remediation scheme must be prepared, these will be subject to the approval of the Local Planning Authority. Following the completion of any measures identified in the approved remediation scheme a validation report must be prepared, which is subject to the approval in writing of the Local Planning Authority prior to the occupation of any buildings.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without
unacceptable risks to workers, neighbours and other offsite receptors in accordance with policies SDWP22, SWDP30 and SWDP31 of the South Worcestershire Development Plan 2016.

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Prior to their installation, 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 development shall be carried out using the materials as approved.

Reason: To ensure that the new materials are in keeping with the surroundings and/or 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 visibility splays, access, parking and turning facilities have been provided as shown on drawing numbers 28029/08/020/01 rev c, 2942-01 rev H, 2942-02 rev C and 2942-003 rev D, and thereafter retained as such.

Reason: To ensure conformity with submitted details and in the interests of highway safety in accordance with policy SWDP4 of the South Worcestershire Development Plan.

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The Development hereby permitted shall not be first occupied until the proposed dwelling(s) 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 in accordance with policy SWDP4 of the South Worcestershire Development Plan.

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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 and in accordance with policy SWDP4 of the South Worcestershire Development Plan.

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

Reason: To reduce vehicle movements and promote sustainable access in accordance with policy SWDP4 of the South Worcestershire Development Plan

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Prior to the first occupation of the development hereby approved, details of superfast broadband facilities or alternative solutions to serve the need of future occupiers shall be submitted to and approved in writing by the local planning authority. The submitted details shall include a timetable for implementation. The facilities shall be provided in accordance with the approved details.

Reason: To ensure the provision of suitable superfast broad for future occupiers in accordance with policy SWDP26 of the South Worcestershire Development Plan 2016.

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Clearance or construction work in connection with the development hereby approved shall only take place between the hours of 08.00 and 18.00hrs Monday to Friday and 08.00 and 13.00hrs on a Saturday. There shall be no clearance or construction work on Sundays or Bank Holidays.

Reason: To protect neighbouring residential amenity in accordance with policy SWDP21 of the South Worcestershire Development Plan 2016.

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Temporary fencing for the protection of all retained trees/hedges on site and trees outside the site whose Root Protection Areas fall within the site shall be erected in accordance with BS 5837:2012 (Trees in Relation to Design, Demolition and Construction) before development of any type commences, including site clearance, demolition, materials delivery, vehicular movement and erection of site huts. Any alternative fencing type or position not strictly in accordance with BS 5837 (2012) must be agreed in writing by the local planning authority prior to the commencement of development. This protective fencing shall remain in place until the completion of development or unless otherwise agreed in writing with the local planning authority. Nothing should be stored or placed (including soil), nor shall any ground levels altered, within the fenced area without the previous written consent of the local planning authority. There shall be no burning of any material within 10 metres of the extent of the canopy of any retained tree/hedge.

Reason: To prevent existing trees/hedges from being damaged during construction work and to preserve the amenities of the locality. This is in accordance with policies SWDP21 and SWDP25 of the South Worcestershire Development Plan.

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Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no enlargements, alterations or buildings falling within Classes A, AA, B, C or D of Part 1 to Schedule 2 shall be carried out within the curtilage of the dwelling unless planning permission is first granted by the Local Planning Authority.

Reason: To protect neighbouring residential amenity and to preserve the character and appearance of this rural area in accordance with policies SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016.

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Buildings are frequently used as roosting sites by bats. Bats and their 'roost' sites are protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017, the latter of which deems them a European Protected Species. It is a criminal offence to deliberately kill or injure a bat, to disturb or destroy a bat roost or to obstruct an entrance to a roost. If evidence of bats is found, work should stop immediately and Natural England must be contacted on 0845 6003078 for advice on the best way to proceed. All contractors working on site should be made aware of the advice and provided with the relevant contact details.

Work should avoid disturbance to nesting birds. Nesting birds are protected under the 1981 Wildlife and Countryside Act and the Countryside and Rights of Way Act 2000. The main nesting season lasts approximately from March to September, so work should take place outside these dates if at all possible. However, birds can nest at any time and the site including any buildings should ideally be checked for their presence immediately before work starts.

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Positive and Proactive Statement. The planning application sought an acceptable form of development consistent with the requirements of relevant policies and material considerations and therefore has been approved.

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View this application at the Wychavon Planning Portal