Planning Application W/24/02077/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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Unless where required or allowed by other conditions attached to this permission 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: HXXX-exi-XX-00-A-DR-100 P1, HXXX-exi-XX-00-A-DR-104 P1, HXXX-exi-XX-00-A-DR-105 P2, HXXX-exi-XX-00-A-DR-106 P1, HXXX-exi-XX-00-A-DR-107 P1, HXXX-exi-XX-00-A-DR-109 P1, F24025/02 rev B.

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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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 must include but not be limited to:-

• Measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway, including wheel washing facilities.

• 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.

• Vehicle routing.

• Temporary traffic management arrangements.

• Mitigation for impacts on residents, businesses, and public transport services.

• Details of any temporary construction accesses and their reinstatement.

• Key contact details, including an emergency telephone number.

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 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 in accordance with Policy SWDP4 and the relevant aims and objectives of 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, must not commence until conditions 1 to 5 have been complied with:

1. A preliminary risk assessment (a Phase I desk study) submitted to the Local Authority in support of the application has identified unacceptable risk(s) exist on the site as represented in the Conceptual Site Model. A scheme for detailed site investigation must be submitted to and approved in writing by the Local Planning Authority prior to being undertaken to address those unacceptable risks identified. 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.
2. The detailed site investigation and risk assessment must be undertaken in accordance with the approved Scheme and a written report of the findings produced. This report must be approved by the Local Planning Authority prior to any development taking place.
3. Where the site investigation identified remediation is required, 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.
4. 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.
5. 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.
6. 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 in accordance with Policy SWDP31 of the South Worcestershire Development Plan.

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No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development.

Reason: To ensure the proposal preserves residential amenity and to prevent unacceptable noise/vibration/dust pollution to the detriment of human health contrary to policy SWDP31 of the South Worcestershire Development Plan.

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The calculated cumulative noise level from external plant in the plant compound shall not exceed 49 dBA between the hours 23.00-07.00; and 62dBA at 1m between the hours 07.00-23.00; and for EV Charging points 51dBA at 1m between the hours 23.00-07.00 and 62dBA at 1m between the hours 07.00-23.00.

Details verifying the installed plant meets the above levels shall be submitted to the local planning authority and agreed in writing prior to first operation. The development shall thereafter operate on the basis of the approved details.

Reason: To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to policy SWDP31 of the South Worcestershire Development Plan.

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Before the first use of the development hereby permitted the details of the 2.4m Boundary fence around the external boundaries and around the external plant compound to a minimum superficial mass of 15 kg/ m2 shall be submitted to the local planning authority and approved in writing.

The approved boundary fence shall be installed prior to the first opening of the store and retained in perpetuity for the lifetime of the development.

Reason: To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to policy SWDP31 of the South Worcestershire Development Plan.

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The Development hereby permitted 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 and in accordance with Policy SWDP4 and SWDP21 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 a Travel Plan has been submitted using Modeshift STARS Business and green level accreditation been confirmed by the Local Planning Authority. Bronze level accreditation must be achieved and confirmed by the Local Planning Authority within 12 months of first occupation and the Travel Plan thereafter shall be implemented and monitored in accordance with the regime contained within the Plan. In the event of failing to meet the targets within the Plan a revised Plan shall be submitted to and approved in writing by the Local Planning Authority to address any shortfalls, and where necessary make provision for and promote improved sustainable forms of travel to and from the site.

The submitted details shall use Modeshift STARS Business to carry out this process and include mechanisms for monitoring and review over the life of the development and timescales for implementation.

Reason: To reduce vehicle movements and promote sustainable access in accordance with Policy SWDP4 and SWDP10 part C (iv) of the South Worcestershire Development Plan.

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(A) Other than demolition of the building no groundworks 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 paragraphs 207 and 218 of the National Planning Policy Framework (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.

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No building hereby permitted shall be occupied until details of the design, implementation, maintenance and management of sustainable urban drainage/surface water drainage works have been submitted to and approved in writing by the local planning authority. The submitted details shall:

1. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

2. include a timetable for its implementation; and

3. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

The development shall be carried out, and the drainage maintained/managed, in accordance with the approved details.

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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The premises shall be used for use class E (a) retail and for no other purpose, including any other purpose in Class E (commercial, business and service) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

Reason: The Local Planning Authority would need to consider the implications of other uses in Class E in respect of the relevant policies of the South Worcestershire Development Plan.

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The development hereby permitted shall not be open to customers outside the following hours of 07.00 to 23:00 Monday to Sunday.

Reason: To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to policy SWDP31 of the South Worcestershire Development Plan.

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The development hereby permitted shall be carried out in accordance with the Delivery Strategy paragraphs 3.1 to 3.11 inclusive of the Servicing Management Plan submitted with the application and in particular deliveries to, and collections from, the development shall not be made outside the following hours of 07.00-19.00 Monday to Sunday.

Reason: To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to policy SWDP31 of the South Worcestershire Development Plan.

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The installation of external lighting shall be in strict accordance with the details as set out in the Lighting Impact Assessment report carried out by MEC Consulting Group dated September 2024 report reference 28955-LIGH-0401rev C and submitted with this application.

The external lighting hereby permitted shall not be operated on the premises outside the hours of 07:00 to 23:00 on any day.

Reason:- To ensure the proposal preserves residential amenity and to prevent unacceptable light pollution to the detriment of human health contrary to policy SWDP31 of the South Worcestershire Development Plan.

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The Development hereby approved shall not be brought into use until the access, vehicle parking facilities and turning facilities have been provided as shown on Drawing HXXX-exi-XX-00-A-DR-104 P1. These areas shall thereafter be retained and kept available for their respective approved uses at all times.

Reason: To ensure conformity with submitted details and in accordance with Policy SWDP4 and SWDP21 and the relevant aims and objectives of the National Planning Policy Framework.

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The Development hereby approved shall not be brought into use until the visibility splays shown on Drawing F24025/02 Rev B have been provided. The splays shall at all times be maintained free of level obstruction exceeding a height of 0.6m above adjacent carriageway.

Reason: In the interests of highway safety and in accordance with Policy SWDP4 and SWDP21 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 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 boosts local biodiversity in accordance with Policy SWDP22 of South Worcestershire Development Plan 2016.

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No construction or demolition work shall take place on Sundays or Bank or Public Holidays or outside the hours of 0800 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

Reason - To preserve the amenities of the locality in accord with Policies SWDP21 and SWDP31 of the South Worcestershire Development Plan.

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Buildings, and particularly roofs and the spaces underneath them, are frequently used as roosting sites by bats. Bats and their 'roost' sites are protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats & Species Regulations 2010, the latter of which deems them a European Protected Species. It is a criminal offence to deliberately kill or injure a bat, to disturb or destroy a bat roost or to obstruct an entrance to a roost. If evidence of bats is found, work should stop immediately and an ecological consultant contacted for advice on the best way to proceed. All contractors working on site should be made aware of the advice and provided with the contact details of a relevant ecological consultant.

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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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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.

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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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Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:-

providing pre-application advice;

- seeking further information following receipt of the application;

- considering the imposition of conditions and or 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 planning application.

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View this application at the Wychavon Planning Portal