Planning Application W/23/01822/OUT

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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Application for the approval of all reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

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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Approval of the outstanding details of the appearance, layout, scale and landscaping (hereinafter called ""the reserved matters"") shall be obtained from the Local Planning Authority in writing before any development is commenced. The development shall be carried out in accordance with approved reserved matter details.

Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 (as amended) and to enable to the Local Planning Authority to exercise proper control over these aspects of the development.

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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 following plans/drawings/documents:
• Site Boundary Plan – 09999-FPCR-zz-xx-DR-L-005 Rev A
• Ecological Assessment Ecology Solutions June 2023 - 9696.EcoAss.dv4

Reason: In the interests of clarity and to ensure the development is built in accordance with the details considered in determining the application and in order to define the permission in accordance with Policy SWDP1 and SWDP2 of the South Worcestershire Development Plan and the National Planning Policy Framework.

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Unless otherwise agreed by the Local Planning Authority development, other than that required to be carried out as part of an approved scheme of remediation, development must not commence until conditions 1 to 6 have been complied with:

1. A preliminary risk assessment must 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. The preliminary risk assessment report shall contain a diagrammatical representation (conceptual model) based on the information above and shall include all potential contaminants, sources and receptors to determine whether a site investigation is required and this should be detailed in a report supplied to the Local Planning Authority. The risk assessment must be approved in writing before any development takes place.

2. Where an unacceptable risk is identified a scheme for detailed site investigation must be submitted to and approved in writing by the Local Planning Authority prior to being undertaken. 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.

3. Detailed site investigation and risk assessment must be undertaken and a written report of the findings produced. This report must be approved by the Local Planning Authority prior to any development taking place. The investigation and risk assessment must be undertaken by competent persons and must be conducted in accordance with the Environment Agency's "Land Contamination: Risk Management" guidance.

4. 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.

5. 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.

6. 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.

7. 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 and to comply with Policy SWDP31 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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No works or development shall take place until a construction surface water management plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include how surface water will be managed during the construction phase, including site clearance, soil stripping and pond amendments. The plan shall include drawings of any temporary drainage systems, a timeline of construction and measures to mitigate the risk of pollution (including silt) of the water environment and offsite flood risk. The plan shall detail how the approved permanent surface water drainage system shall be remediated during the construction phase. The approved construction surface water management plan shall be implemented as soon as works start on site thereafter maintained during the full duration of the construction phase.

REASON: 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 and SWDP29 of the South Worcestershire Development Plan.

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Prior to the commencement of the development, with the exception of the proposed access road, full details of a scheme for the provision of foul drainage for the site shall be submitted to and approved in writing by the Local Planning Authority in consultation with Severn Trent Water. These details shall: Include the design of all on and off-site foul sewerage infrastructure, the diameters of proposed pipes and the capacity of any on or off-site storage; Include a timetable and programme for the provision of the foul sewerage infrastructure; and Demonstrate that, where connection to a public sewer is proposed, the additional foul sewerage discharge can be accommodated within the public sewer system without increasing the risk of flooding or backing up of the existing system on the site or elsewhere. The development shall be carried out in accordance with the approved details and the approved timetable and programme.

Reason
To confirm that there is sufficient capacity in the system to ensure that the proposed development does not exacerbate flood risk in accordance with policies SWDP28 and SWDP29 of the South Worcestershire Development Plan.

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No works in connection with site drainage shall commence until a surface water drainage strategy for the proposed development has been submitted to, and approved in writing by the Local Planning Authority. The strategy shall include details of surface water drainage measures, including for hardstanding areas, and 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 conform to the submitted drainage strategy (5127582). If possible infiltration techniques are to be used and the plan shall include the details and results of field percolation tests. The scheme should include run off treatment proposals for surface water drainage. Where the scheme includes communal surface water drainage assets proposals for dealing with the future maintenance of these assets should be included. The scheme should include proposals for informing future home owners or occupiers of the arrangements for maintenance of communal surface water drainage assets. The approved surface water drainage scheme shall be implemented prior to the first use of the development and thereafter maintained in accordance with the agreed scheme.

REASON: 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 and SWDP29 of the South Worcestershire Development Plan.

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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 the National Planning Policy Framework and Policies SWDP 6 & 24 of the South Worcestershire Development Plan 2016.

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Before Development commences, a detailed schedule of works and design for the site access at Brewers Lane, including the provision of a carriageway ‘pinchpoint’/chicane on Brewers Lane to the west of the access and pedestrian footway on the northern side between the site access and Brewers Lane (adopted public highway) shall be submitted to and approved in writing by, the Local Planning Authority. The development shall not be first occupied until the submitted detailed scheme, which is broadly in accordance with drawing 76905-CUR-XX-00-D-TP-75001-P07 Proposed Access Arrangement, subject to any non-material modifications identified during the detailed design, technical approval and Road Safety Audit processes, has been agreed in writing by the Local Planning Authority and has been implemented in full.

REASON: In the interests of achieving safe and suitable highway access for all users and to comply with Policies SWDP4 and SWDP21 the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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No development shall commence until a Construction Nuisance Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall the proposed measures to monitor and mitigate emissions of noise, vibration (piling) and dust during the construction.

REASON: In the interests of residential amenities and to ensure compliance with Policy SWDP21 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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The Development hereby approved shall not be first occupied until a Full Travel Plan prepared in accordance with Worcestershire County Council’s prevailing guidelines for residential travel plans, has been submitted to and approved in writing by the Local Planning Authority. This Plan will thereafter be implemented, monitored for a minimum of 5 years and shall be updated in agreement with Worcestershire County Council’s Travel Plan Officer and thereafter implemented as updated.

REASON: To ensure residents of the development site are offered a genuine choice of sustainable travel modes and to promote sustainable access to the development site and to comply with Policies SWDP4 and SWDP21 the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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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 travel welcome pack promoting sustainable forms of access to the development, prepared in accordance with Worcestershire County Council’s Guidelines for Travel Welcome Packs. The pack shall be made available for each dwelling hereby approved prior to first occupation.

REASON: To ensure the residents of the development site are offered a genuine choice of sustainable travel modes and to promote sustainable access to the development site and to comply with Policies SWDP4 and SWDP21 the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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The Development hereby approved shall not commence until a Construction Traffic 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.

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 and to comply with Policies SWDP4, SWDP21 and SWDP31 the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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The Reserved Matters Application shall be accompanied by a Bio-diversity Net Gain Assessment which assess the impact of the final scheme and the extent of the final impact on Biodiversity. No development shall commence until this document has been submitted to and approved by the Local Planning Authority. The Development shall be carried out in accordance with the approved details thereafter.

REASON: To ensure that the proposed development contributes to the conservation and enhancement of biodiversity in accordance with and to comply with Policies SWDP22 and the relevant aims and objectives of the National Planning Policy Framework.

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The Reserved Matters Application shall be accompanied by an Energy Statement which set out the specific measures through which the submitted scheme will incorporate the generation of energy from renewable or low carbon sources equivalent to at least 10% of predicted energy requirements. The scheme shall be carried out in accordance with the approved details thereafter.

REASON: In the interests of the environment and to ensure compliance with Policy SWDP27 of the South Worcestershire Development Plan.

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No works in connection with the site access, spine road, internal street network or site drainage shall commence until details of the provision for the sustainable disposal of surface water so as to prevent its discharge onto the highway have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the drainage scheme has been implemented in full accordance with the approved details.

REASON: In the interests of ensuring adequate surface water drainage and in the interests of highway safety and to comply with Policies SWDP4, SWDP21, SWDP29 and SWDP30 and the relevant aims and objectives of the National Planning Policy Framework.

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No works in connection with the site access, spine road or internal street network shall commence until a lighting assessment undertaken in accordance with Worcestershire County Council’s Street Lighting Design Guide have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the streetlighting scheme has been implemented in full accordance with the approved details.

REASON: In the interests of highway safety and to comply with Policies SWDP4 and SWDP21 and the relevant aims and objectives of the National Planning Policy Framework.

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Secure cycle parking facilities must be provided at the development as determined by Worcestershire County Council Design Guidance. Full details of the location, type of rack, spacing, numbers, method of installation and access to cycle parking should be submitted to and approved by the local planning authority prior to the first occupation of the development. The facilities shall thereafter be retained and maintained as approved.

REASON: To promote walking, cycling and public transport use, optomise the location of the development which is and/ or can be made sustainable, through limiting the need to travel and offering a genuine choice of transport modes, to reduce congestion and emissions, and improve air quality and public health in accordance with Policies SWDP2, SWDP4, SWDP21 and SWDP31 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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Details shall be submitted to and approved by the local planning authority prior to the first occupation of the development for the installation of Ultra-Low NOx boilers with maximum NOx Emissions less than 40 mg/kWh. The details as approved shall be implemented prior to the first occupation of the development and shall thereafter be permanently retained.

REASON: In the interests of the living conditions of occupiers of nearby properties and future occupiers of the site and improve air quality and public health in accordance with Policies SWDP2, SWDP21 and SWDP31 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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The development shall be carried out in accordance with the approved Ecological Assessment and the mitigation and enhancement measures outlined within.

REASON: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 and minimise impacts on protected species in accordance with Policy SWDP22 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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All planting and seeding/turfing comprised in the submitted landscape scheme, hereby approved, shall be carried out in the first planting season following the first occupation/use of the development OR in accordance with the submitted implementation programme. 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 protect and enhance the visual amenities of the area and to ensure the satisfactory development of the site in accordance with Policies SWDP5 and SWDP25 and the relevant aims and objectives of the National Planning Policy Framework.

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LLFA
The applicant should be aware that polluting the nearby watercourse, for instance by allowing the discharge of sediment rich runoff from the construction site, might constitute an environmental offence. The applicant is expected to fully assess the risks from all pollution sources and pathways and take sufficient precautionary measures to mitigate these risks for this development.

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Archaeology
Note: A fee is chargeable for the provision of archaeological curatorial services. The service includes advice and liaison throughout the archaeological works, including the provision of a brief (if requested), checking the Written Scheme of Investigation for compliance with local and national standards, monitoring fieldwork and ensuring any archaeological reports generated by the project are acceptable. The Archaeology and Planning Advisor will be happy to offer advice on all stages of the proceedings. Additional site visits will be chargeable at £60 per visit if required if it is considered that breaches of condition have taken place or when other situations arise that require a visit additional to the usual service.
As this scheme is considered to be a medium-scale development of more than 1-ha the fee for curatorial services will be £600.00 (Inc VAT).

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Highways
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.

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.

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.

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.

Protection of Visibility Splays
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.

Works Adjoining Highway
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.

Temporary Direction Signs to Housing Developments
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.

Construction Environmental Management Plan (CEMP)
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; and
• Working to create a positive and enduring impression and promoting the Code.

The CEMP should clearly identify how the principal 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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View this application at the Wychavon Planning Portal