Planning Application W/24/00381/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 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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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 - 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 South Worcestershire Development Plan and 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 not be brought into use until an area has been laid out within the curtilage of the site for the parking of 7 cars at a gradient not exceeding 1 in 8. This area shall thereafter be retained for the purpose of parking a vehicle only.

Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway in accordance with Policy SWDP21 of the South Worcestershire Development Plan.

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The development hereby approved shall not be brought into use until 3 accessible car parking spaces have been provided in a location to be agreed in writing by the Local Planning Authority and thereafter shall be kept available for disabled users as approved.

Reason: To provide safe and suitable access for all in accordance with Policy SWDP21 of the South Worcestershire Development Plan.

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The development hereby approved shall not be brought into use until sheltered and secure cycle parking 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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The development hereby approved shall not be brought into use until an Employment Travel Plan has been submitted to and approved in writing by the Local Planning Authority that promotes sustainable forms of travel to the application site. The submitted details shall use Modeshift STARS Business to carry out this process. They must meet green level accreditation before occupation and bronze level accreditation within 12 months of occupation.

Reason: To reduce vehicle movements and promote sustainable access in accordance with Policies SWDP 4 and SWDP 21 of the South Worcestershire Development Plan .

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Within 2 months of the date of the grant of this consent, details of a bat roosting feature shall be submitted to the Local Planning Authority for approval.  The details to be submitted shall include an implementation timetable. The feature so approved shall be provided in accordance with the approved details and in accordance with the approved timetable and retained in that form 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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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 –

03 - Elevations and Floor Plans

Amended plans (received 28 May 2024)

01 - Location Plan; 02 - Site Plan;

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.

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 the County Council Rights of Way section as follow on the application:

The application site is coincident with the legal line of public right of way EV-625 Evesham and is therefore an illegal obstruction. Obstructing a public right of way is a criminal offence. The highway authority has the right to demand the applicant remove any obstruction they cause. If they do not, the highway authority can remove the obstruction and recover the cost from them. The district council may allow a Public Path Order under the TCPA (1990), otherwise the County Council recommends the applicant apply to it for a Definitive Map Modification Order.

Notwithstanding the above, this obstruction is an existing issue, so the County Council has no objection in principle to the change of use.

The applicant should note that, under section 34 of the Road Traffic Act 1988, any person who, without lawful authority, drives a motor vehicle on a public footpath commits an offence. The applicant should make themselves satisfied that they, and anyone else who may use public rights of way for private vehicular access in connection with the development, has a right to do so. They may wish to seek legal advice on the matter. The County Council is responsible for maintaining rights of way to a standard suitable for their usual public use.

The applicant must observe their general obligations to public rights of way:

• The public safety of those using the right of way must be assured at all times.
• There must be no diminution in the width of the rights of way available for use by the public.
• Buildings materials must not be stored on the rights of way.
• Vehicle movements and parking are to be arranged so as not to unreasonably interfere with the public’s use of the rights of way.
• No additional barriers are to be placed across the rights of way. No stile, gate, fence or other structure should be created on, or across, a public right of way without written consent of the Highway Authority.

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View this application at the Wychavon Planning Portal