Planning Application W/23/02544/TDC5

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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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No dwelling hereby approved shall be occupied until the access, turning area and parking facilities as shown on drawing 3864.P.102 B has been provided. These areas shall thereafter be retained and kept available for their respective approved uses at all times.

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

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No dwelling hereby approved shall be occupied until the visibility splays shown on drawing 230711-RAP-XX-XX-DR-TP-3200 have been provided. The splays shall at all times be maintained free of level obstruction exceeding a height of 0.6m above the adjacent carriageway.

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

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No dwelling hereby approved shall be occupied until the sheltered and secure cycle parking provision 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 in accordance with Policy SWDP21 of the South Worcestershire Development Plan.

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No part of the development hereby permitted shall commence until a Construction Traffic Management Plan has been submitted to and agreed in writing by the Local Planning Authority. This shall include but not be limited to the following:

• Quantification of construction traffic two-way movements, by vehicle type (including special or abnormal loads) and time of day throughout the construction phase of the development
• Confirmation of construction traffic access routes;
• Identification of any temporary works or traffic management measures required to safely accommodate construction traffic movements, including the removal and/or relocation of any street furniture and/or highway assets;
• Measures to ensure that vehicles leaving the site do not deposit mud or other detritus onto Station Road
• The hours that delivery vehicles will be permitted to arrive and depart, and arrangements for unloading and manoeuvring;

Construction of the development shall then be carried out in accordance with the agreed Construction Traffic Management Plan.

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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Prior to the first use/occupation of the development hereby permitted, the details set out in the submitted Water Management Statement 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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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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(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 Part (A) of this condition 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 2023 (as amended) and policies SWDP 6 and 24 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 SWDP31 of the South Worcestershire Development Plan.

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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 - (i) To 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 Plan, and (ii) 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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Before the commencement of development hereby permitted, an ecological mitigation and enhancement scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be based on the recommendations contained within the Preliminary Ecological Appraisal by Lizzie Breakwell, dated November 2023 and shall include an implementation timetable. The works shall thereafter be carried out in accordance with the approved details and timetable. 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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The development hereby approved shall be carried out in accordance with the ecological enhancement measures shown on the ‘Landscape and Ecological Enhancement Scheme’ drawing, ref. 1232.4.0.

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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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 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. 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 - (i) 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, and (ii) 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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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 - (i) To prevent existing trees/hedges from being damaged during construction work and to preserve the amenities of the locality in accordance with policies SWDP21 and SWDP25 of the South Worcestershire Development Plan, and (ii) 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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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 based on the approved Landscape Scheme and shall be guided by the requirement to achieve Biodiversity Net Gain, and maintain this after implementation, and shall include the following:

a. Description and evaluation of the features to be managed;

b. BNG calculations based on the approved landscape plan;

c. Ecological trends and constraints on site that might influence management;

d. Aims and objectives of management;

e. Appropriate management options for achieving aims and objectives;

f. Prescriptions for management actions;

g. 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;

h. Details of the body or organisation responsible for implementation of the plan;

i. 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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Prior to the occupation of any part of the development hereby permitted, details of renewable or low carbon energy generating facilities to be incorporated as part of the development shall be submitted to and approved in writing by the Local Planning Authority. The details shall demonstrate that at least 10% of the predicted energy requirements of the development will be met through the use of renewable/low carbon energy generating facilities. The approved facilities shall be provided prior to any part of the development hereby permitted being first occupied or in accordance with a timetable submitted to and approved by the Local Planning Authority as part of the details required by this condition. Reason: To ensure the proposed development includes sufficient renewable/low carbon energy generating facilities to comply with Policy SWDP27 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 –

Original plans:

BHPH Architects drawing numbers 3864.P.100; 3864.P.101; 3864.P.103; 3864.P.104; 3864.P.105 A; 3864.P.106; 3864.P.107 B; 3864.P.108; 3864.P.109; 3864.P.110;

Proposed Access Arrangement And Visibility Assessment 230711-RAP-XX-XX-DR-TP-3200 (contained in the Rappor Station Road, Bretforton Technical Note dated November 2023)

Amended plans: (received on 21 March 2024)

3864.P.102 B;

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;
- seeking amendments to the proposed development following receipt of the application; and
- considering the imposition of conditions and the completion of a s.106 legal agreement.

In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the technical details application.

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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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The applicants attention is drawn to the existence of an agreement made under Section 106 of the Town and Country Planning Act 1990 (as amended), and the restrictions imposed therein.

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View this application at the Wychavon Planning Portal