Planning Application W/24/00222/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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Other than the access approved under reserved matters consent 23/01572/RM, before the development hereby approved is commenced, 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 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 and the relevant aims and objectives of the National Planning Policy Framework.

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The development hereby approved shall be carried out generally in accordance with drawings IDPL LA5856-BP-400 D and 22103-194 C Visibility Splays subject to any minor modifications identified during the Section 278 / Section detailed design process.

Reason: In the interests of sustainable development and highway safety in accordance 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 junctions of all internal side roads, parking courts, private drives and shared surface roads, as shown on drawing IDPL LA5856-BP-400 D, shall be provided with informal pedestrian crossings comprising dropped kerbs and tactile paving and constructed in accordance with the standard specifications of Worcestershire County Council Highways.

Reason: In the interest of safe and suitable access for pedestrians in accordance 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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No dwelling hereby permitted shall be occupied until the car parking spaces allocated to that property have been sited and provided with a properly consolidated surface, as shown on drawing IDPL LA5856-BP-400 D in accordance with the standards and dimensions required by Worcestershire County Council’s Streetscape Design Guide. Car parking spaces shall be kept clear of obstruction and retained only for the parking of vehicles in connection with the use of each property as a dwelling house. The parking spaces adjacent to terraced properties or those in the 1 bed apartment blocks shall be marked to identify which property they belong to.

Reason: To ensure that satisfactory provision is made for the parking of vehicles in accordance 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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No dwelling hereby permitted shall be occupied until sheltered and secure cycle parking to serve it, as generally shown on drawing IDPL LA5856-BP-400 D has been provided in accordance with the standards and dimensions required by Worcestershire County Council’s Streetscape Design Guide.

Reason: To comply with the Council’s parking standards in accordance 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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No works in connection with the internal street network or site drainage shall commence until details of the provision for the sustainable disposal of surface water within the site 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 in accordance 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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No works in connection with the internal street network or streetlighting 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 in accordance 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 permitted shall not be first occupied until details of proposed measures to protect the attenuation pond from pedestrian ingress have been submitted to and approved in writing by the Local Planning Authority. The measures shall be constructed and implemented in full accordance with the approved details and retained thereafter.

Reason: In the interests of pedestrian safety in accordance 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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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: 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 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. 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 and the relevant aims and objectives of the National Planning Policy Framework.

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Before the first use/occupation of the development hereby permitted, details of a precise specification of the proposed materials for the hard landscaping of the site (including roads, paths, parking areas and other hard surfaces) shall be submitted to and approved in writing by the Local Planning Authority. The hard landscaping of the site shall be completed in accordance with a timetable agreed in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and retained thereafter.

When considering details submitted that seek to discharge this condition, the Council will require the paths and footways throughout the development to be constructed in tarmac to ensure they can resist erosion from use and surface water runoff given that the site is on a slope.

Reason: To ensure the proposed development represents high quality design and does not have an adverse effect on the character, appearance and amenity of the area in accordance with policies SWDP21 and SWDP25 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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Prior to the commencement of development, details of refuse storage facilities to serve the development and each of the buildings hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The approved refuse storage facilities shall be implemented prior to the first occupation of the associated development and/or building(s) and retained thereafter.

Any communal bin storage areas located away from individual properties and on open areas must be designed as discreet hardstandings so as to maintain the openness of the land and its function as Green Infrastructure within the development and preserve the appearance of the street scene. Bins must not be stored on these areas outside of collection periods.

Reason: To ensure adequate refuse storage facilities are incorporated in the development and/or ensure high quality design in accordance with policies SWDP21 and SWDP33 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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The construction work on the buildings hereby approved shall not commence until:

- the precise floor slab levels of each new building, relative to the existing development on the boundary of the application site;
- the ground levels of areas of public open space; and
- details of any retaining walls/barriers

have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason - To (i) ensure the proposed development does not have an adverse effect on the character and appearance of the area, and (ii) ensure that the areas of public open space are reasonably graded and hence useable in accordance with policies SWDP5, SWDP21, SWDP25 and SWDP39 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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Before/within 12 months from the date when any of the dwelling houses hereby permitted are first occupied, the land shown on the approved plan BAD/GI/01 C as public open space/green infrastructure shall be laid out in accordance with the details shown on the approved plans. Reason - To ensure the provision of adequate green space in accordance with policy SWDP39 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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Notwithstanding any details shown on the approved plans, details of the public open space/play area (i.e. locally equipped play area) hereby approved shall be submitted to and approved in writing by the Local Planning Authority before the development is first occupied. The details to be submitted/approved shall include an implementation timetable for the delivery of the public open space/play area. The development shall be carried out in accordance with the approved details/timetable and retained thereafter. Reason: To ensure the development incorporates adequate green infrastructure and outdoor recreation space in accordance with policies SWDP5 and SWDP39 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 –

Document Title Drawing Ref.

Landscape Proposals LA5856 Landscape Strategy Rev C
Landscape Masterplan LA5856 Landscape Masterplan Rev C
Soft Landscape Proposals 1 of 3 IDPL 5856 BP 401 D
Soft Landscape Proposals 2 of 3 IDPL 5856 BP 402 D
Soft Landscape Proposals 3 of 3 IDPL 5856 BP 403 D
General Arrangement and Plant Schedule IDPL 5856 BP 400 D
House Type Pack October 2024
HT C-L470 Briarwood Plot 39
Parking and Cycle Storage BAD/PCS/01 D
Materials Layout BAD/MAT/01 F
Green Infrastructure Plan BAD/GI/01 D
Detailed Planning Layout BAD/DPL/01 E
Boundary Treatments Plan BAD/BOU/01 D
Affordable Housing Plan BAD/AFF/01 D
Visibility Splays 22103-194C
Refuse and Private Car Tracking 22103-193C
Private Car Tracking 22103-192C
Fire Tender Tracking 22103-191C
Refuse Vehicle Tracking 22103-190C
Adoptable Drainage Strategy (Sheet 1 of 2) 22103-102D
Adoptable Drainage Strategy (Sheet 2 of 2) 22103-103D
Finish Floor Levels (Sheet 1 of 2) 22103-100D
Finish Floor Levels (Sheet 2 of 2) 22103-101D
Arboricultural Assessment 12174 AA Rev E

Reason: 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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Positive and Proactive Statement.

In dealing with this reserved matters 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 reserved matters application.

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Section 278 Agreement

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 splay(s) required by this consent is safeguarded in any sale of the application site or part(s) thereof.

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Extraordinary Maintenance

The attention of the Applicant is drawn to Section 59 of the Highways Act 1980 which allows the Highway Authority to recover additional costs of road maintenance due to damage by extraordinary traffic.

Before any work is commenced upon the development hereby approved representatives of Worcestershire County Council, as the Highway Authority and the Applicant, shall carry out a joint road survey/inspection on the roads leading to this site. Any highlighted defects shall be rectified to the specification and satisfaction of the Highway Authority before work is commenced on the development hereby
approved. A further joint survey/inspection shall be undertaken following completion of development hereby approved and any necessary remedial works shall be completed to the specification and satisfaction of the Highway Authority within 1 month or other agreed timescale.

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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.

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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.

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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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The applicants attention is drawn to the comments of the Lead Local Flood Authority on the reserved matters application that any proposals to alter existing, or construct new, culverts or carry out works in or on an ordinary watercourse will need Land Drainage Consent under section 23 of the Land Drainage Act 1991 from South Worcestershire Land Drainage Partnership. Such consent will need to be granted prior to works commencing on site as consent cannot be granted retrospectively. Failure to comply may result in enforcement action being taken by the Lead Local Flood Authority, Worcestershire County Council, under the Act. SWLDP may also exercise powers to require works for maintaining flow of a watercourse where appropriate under section 25 of the Act where the proper flow of water is impeded.

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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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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 in relation to the asscoaited outline planning consent granted under appeal reference APP/H1840/W/21/3266573 (Council reference 20/00724/OUT).

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View this application at the Wychavon Planning Portal