Planning Application W/23/01204/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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Prior to the first use/occupation of the development hereby permitted, the details set out in the submitted SEA Engineers Storm Water Drainage Strategy 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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Use of the artificial grass pitch hereby permitted shall not commence until details of:

(a) certification that the pitch has met the FIFA Quality accreditation [or equivalent International Artificial Turf Standard (IATS)] and World Rugby Regulation 22 specification; and

(b) confirmation that the facility has been registered on the Football Association’s Register of Football Turf Pitches;

have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the development is fit for purpose, sustainable and provides sporting benefits in accordance with Policies SWDP21 and SWDP37 of the South Worcestershire Development Plan.

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The artificial grass pitch hereby permitted shall not be used until a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority. The development shall not be used at any time other than in strict compliance with the approved agreement.

Note: The applicant is advised that the agreement should apply to the artificial grass pitch and any supporting ancillary facilities (nb which may be approved under separate planning consents) and include details of pricing policy, hours of use, access by non-educational establishment users, management responsibilities and a mechanism for review, and anything else which the Local Planning Authority in consultation with Sport England considers necessary in order to secure the effective community use of the facilities.

Reason: To (i) secure well managed, safe community access to the sports facility, and (ii) ensure sufficient sports development benefits in accordance with Policies SWDP21 and SWDP37 of the South Worcestershire Development Plan.

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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; and
• 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 in accordance with Policy SWDP21 of the South Worcestershire Development Plan.

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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 by Sean Cook dated September 2023 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

Reason - In accordance with the requirements of the National Planning Policy Framework and Policies SWDP 6 and 24 of the South
Worcestershire Development Plan.

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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.

In particular all of the trees identified as G1 and G2 including two category A Poplar trees located on the eastern edge of the site, and the Horse Chestnut identified as T4 on the western edge of the site in the RPS Arboricultural Impact Assessment Tree Removal and Protection Plan shall be retained in the development hereby approved.

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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Before the commencement of construction works on 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 demonstrate an uplift in biodiversity and also include:-

(i) a plan(s) showing details of existing trees and hedges on the application site and in its immediate vicinity. 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.

[nb the submitted details in relation to this part of the condition must be consistent with the requirements to retain trees set out in the tree protection condition (7) of this planning consent.]

Within the wider school site including land within the blue line on the submitted proposed site plan:

(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 (i) 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 the South Worcestershire Development, and (ii) 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 permitted shall be carried out in strict accordance with the recommendations set out in the Preliminary Ecological Appraisal, ref. ECO03237 by RPS dated 18 July 2023 (section 5).

Reason - To ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 and to ensure that 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 site lighting shall be carried out in accordance with the details shown on Floodlighting Plan dwg no HLS5518 Rev3 and retained in that form thereafter. The lighting shall only be switched on when the associated artificial pitch is in use. 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 (i) 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 the South Worcestershire Development, and (ii) 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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Within one month of the start of the development hereby permitted, details (numbers, types and locations) of wildlife boxes, such as bat roosting opportunities and bird nesting boxes shall be submitted to the Local Planning Authority for approval. The features so approved 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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Within two months of the development hereby approved a landscape and ecological management plan (LEMP) shall be submitted to the Local Planning Authority for approval. The content of the LEMP shall be based on the approved landscape scheme and the requirement to achieve Biodiversity Net Gain, 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, 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.

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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 in accordance with Policies SWDP21 and 31 of the South Worcestershire Development Plan.

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Full details of any soil or soil forming materials brought on to the site for use in garden areas, soft landscaping, filling and level raising must be provided. Where the donor site is unknown or is brownfield the material must be tested for contamination and suitability for use on site. Full donor site details, proposals for contamination testing including testing schedules, sampling frequencies and allowable contaminant concentrations (as determined by appropriate risk assessment) must be submitted to and approved in writing by the Local Planning Authority prior to import on to the site.

The approved testing must then be carried out and validatory evidence (such as laboratory certificates) submitted to and approved in writing by the Local Planning Authority prior to any soil or soil forming materials being brought on to site.

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 SWDP21 and 31 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 –

Slatter drawing numbers
SCS-MUK2954-05; SCS-MUK2954-08A; SCS-MUK2954-09A; SCS-MUK2954-10; SCS-MUK2954-11A; SCS-MUK2954-12A; SCS-MUK2954-16A; SCS-MUK2954-17; SCS-MUK2954-18; SCS-MUK2954-19A; SCS-MUK2954-20; SCS-MUK2954-21; SCS-MUK2954-22; SCS-MUK2954-23A; SCS-MUK2954-24A; SCS-MUK2954-25; SCS-MUK2954-26A; SCS-MUK2954-28A;

Halliday Lighting drawing number HLS5518 Rev 3


Amended plans received 26 October 2023

SCS-MUK2954-01G; SCS-MUK2954-04D; SCS-MUK2954-06D; SCS-MUK2954-07E;

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:

- seeking further information 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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The applicants attention is drawn to the comments of Worcestershire Regulatory Services to the application that:

Floodlighting: The applicant should ensure that the proposed floodlighting will be compliant with the ILP guidance in terms of luminaire Intensity (Glare) at the nearest residential receptor(s).

Noise: The submitted Noise Management Plan appears generally acceptable. However, for non-competitive games, the applicant may wish to consider employing a ‘no whistle’ policy, as has been employed by other 3G pitch operators, in order to minimise noise from pitch activities.

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View this application at the Wychavon Planning Portal