Planning Application W/23/00954/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 approved shall be completed in accordance with the external materials approved in relation to planning consent W/20/01349/FUL (i.e. facing brickwork - Wienerberger Kassandra Multi facing brick and roof tile - Sandtoft TLE interlocking smooth grey rooftile) and it shall be retained in that form thereafter.

Reason - To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and/or represent high quality design in accordance with policies SWDP6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.

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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 submitted and approved in relation to planning consent W/23/01349/FUL 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.

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All planting and seeding/turfing comprised in the submitted landscape scheme as shown on S J Salisbury Designs drawing number PC01 hereby approved, shall be carried out in the first planting season following the first occupation/use of the development. All planting shall be watered as necessary and competitive weed growth controlled to ensure successful establishment. Any trees or plants that die, or are removed; or become seriously damaged or diseased within a period of five years from the completion of the planting, 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 the South Worcestershire Development Plan.

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The development hereby permitted shall incorporate the Sandtoft 'In Roof' solar panel renewable or low carbon energy generating facilities details received on 12 December 2023. The approved facilities shall be provided prior to any part of the development hereby permitted being first occupied and retained in working order thereafter. These solar panels are approved on the basis that they are a type that are set into the roof slope so they are flush with the tiles, and entirely black and non-reflective so as to minimise impact on heritage assets.

Reason: To (i) ensure the proposed development includes sufficient renewable/low carbon energy generating facilities to comply with Policy SWDP27 of the South Worcestershire Development Plan, and (ii) protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and/or represent high quality design in accordance with policies SWDP6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.

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Unless otherwise agreed by the Local Planning Authority, the development shall not be first occupied until parts 1 to 3 of this condition have been complied with:

1. The remediation scheme comprising the Wesson Environmental Remediation Method Statement dated 17 July 2024 must be carried out in accordance with its terms prior to the first occupation of the development, other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The remediation scheme must ensure that the site will not qualify as Contaminated Land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

2. 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 approved in writing by the Local Planning Authority prior to the occupation of any buildings.

3. 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 and approved in writing by the Local Planning Authority. Following the completion of any measures identified in the approved remediation scheme, a validation report must be prepared and approved in writing by 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 off-site receptors in accordance with policy SWDP31 of the South Worcestershire Development Plan.

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Demolition, clearance or construction work and deliveries to and from the site in connection with the development hereby approved shall only take place between the hours of 08.00 and 18.00 Monday to Friday and 08.00 and 13.00 on a Saturday. There shall be no demolition, clearance or construction work or deliveries to and from the site on Sundays or Bank Holidays. Reason - To preserve the amenities of the locality in accordance with Policy SWDP21 of the South Worcestershire Development Plan.

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Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting, substituting, amending, extending, consolidating, replacing or modifying that Order), no additions, extensions or external alterations) (new windows or other openings), building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house [other than those expressly authorised by this permission] shall be constructed/carried out on the application site following the completion/first use of the development hereby permitted.

Reason - To (i) protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and/or represent high quality design in accordance with policies SWDP6, SWDP21 and SWDP24 of the South Worcestershire Development Plan, and (ii) protect the amenity of neighbouring properties in accordance with policy SWDP21 of the South Worcestershire Development Plan.

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Before the first use/occupation of the development hereby permitted, the site shall be completed in accordance with the hard boundary treatments as shown on SJ Salisbury Designs drawing number PC03. The boundary treatments shall be retained in that form thereafter.

Reason - To (i) protect the amenities of properties, and (ii) protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and/or represent high quality design in accordance with policies SWDP6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.

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The dwellings hereby permitted shall not be occupied until the vehicular accesses, roadway and individual parking spaces, together with cycle provisions shown on the approved plan have been properly consolidated in a bound material, surfaced, drained, demarcated and otherwise constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority and these areas shall thereafter be retained and kept available for those uses at all times.

Reason: In the interests of highway safety in accordance with Policy SWDP21 of the South Worcestershire Development Plan.

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The development hereby permitted shall not be first occupied until two of the proposed 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 in accordance with Policy SWDP21 of the South Worcestershire Development Plan.

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Before their installation on site, details, including any security features, of the cycle store designs shall be submitted to and approved in writing by the Local Planning Authority. The cycle stores so approved shall be incorporated within the development before its first occupation and retained thereafter.

Reason: To (i) encourage sustainable travel and healthy communities, and (ii) prevent/reduce crime in accordance with Policy SWDP21 of the South Worcestershire Development Plan.

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Before the first occupation of the development hereby permitted, bat roosting features and bird nesting boxes shall be installed in accordance with the details shown on S J Salisbury Designs drawing PC04 Rev B received on 11 June 2024. The features shall be 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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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 –

Plans approved in relation to planning application W/20/01349/FUL:

Original plans:

Neil Healey drawing numbers 1143 05; 1143 06; 1143 07; 1143 08;

Amended plans: (received on 21 September, 2020)

Neil Healey drawing numbers 1143 01b; 1143 02b; 1143 04b

Amended plans: (received on 24 November, 2020)

Neil Healey drawing numbers 1143 03b;


Plans approved in relation to planning application W/23/00954/FUL:

SJ Salisbury Designs drawing numbers PC01 - Proposed Planting Plan; PC03 - Proposed Fencing Details;

Amended plans: (received on 12 December, 2023)

Sandtoft In Roof solar panels details

Amended plans: (received on 11 June, 2024)

SJ Salisbury Designs drawing numbers PC04 Rev B - Bat abd Bird box location

Reason: To define the permission.

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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; and
- considering the imposition of conditions.

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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Buildings, and particularly roofs and the spaces underneath them, 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 & Species Regulations 2010, 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 an ecological consultant contacted for advice on the best way to proceed. All contractors working on site should be made aware of the advice and provided with the contact details of a relevant ecological consultant.

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The applicant's attention is drawn to the comments of the Worcestershire County Council Public Rights of Way section on planning application W/20/01349/FUL that Evesham parish Footpath EV-538 and divorced footway F40891 are immediately adjacent to the western edge of the development site.

The proposed development site is close enough to the legal and defined route of these Public Rights of Way for there to be a clear risk that
scaffolding/groundworks/vehicles and/or materials could encroach upon the footpaths during demolition/construction and may pose a potential danger to the public.

In addition, the applicant should be aware of and adhere to the following obligations:

No disturbance of, or change to, the surface of the path or part thereof should be carried out without its written consent.
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No diminution in the width of the right of way available for use by the public.

Buildings materials must not be stored on the right of way.

Vehicle movements and parking to be arranged so as not to unreasonably interfere with the public’s use of the right of way.

No additional barriers are placed across the right of way. No stile, gate, fence or other structure should be created on, or across, a public right of way without written consent of the Highway Authority.

The safety of the public using the right of way is to be ensured at all times.

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The applicant is requested to use their best endeavours to ensure that waste from the site is collected from a location other than Port Street in order to minimise congestion on the local road network.

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View this application at the Wychavon Planning Portal