Planning Application W/23/01572/RM

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 full element of the development to which this permission relates shall be carried out broadly in accordance with the following plans and drawings unless otherwise approved in writing by the Local Planning Authority (in consultation with the Highway Authority):

• Section 278 Works: General Arrangement (0506 Rev P04).
• Section 278 Works: Clearance Plan (0501 Rev P04).
• S278 Works: Levels Design, Surface Finishes & Kerb Specifications (0502 Rev P03).

Reason: In the interests of providing safe and suitable access and highway safety in accordance with Policy SWDP21 of the South Worcestershire Development Plan.

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The development hereby approved shall be completed to base course level prior to the first occupation of any dwellinghouse permitted pursuant to application 20/00724/OUT.

Reason: In the interests of providing safe and suitable access and highway safety in accordance with Policy SWDP21 of the South Worcestershire Development Plan.

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Positive and Proactive Statement.

In dealing with this reserved matters application, the Council has worked with the applicant in the following ways:

- 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 reserved matters application.

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Alteration of Highway to Provide New or Amended Vehicle Crossover

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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Section 278 Agreement Details

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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Section 38 Agreement Details

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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Drainage Details for Section 38

It is not known if the proposed roadworks can be satisfactorily drained to an adequate outfall. Unless adequate storm water disposal arrangements can be provided, the County Council, as Highway Authority, will be unable to adopt the proposed roadworks as public highways.

The Applicant is, therefore, advised to submit the engineering details referred to in this conditional approval to the County Council's County Network Control Manager, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP at an early date to enable surface water disposal arrangements to be assessed.

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No Drainage to Discharge to Highway

Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area 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.

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Protection of Visibility Splays

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

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View this application at the Wychavon Planning Portal