Planning Application W/25/00624/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/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:
• Location Plan 14544-LP Rev A dated 10.04.2025;
• Proposed Site Plan 14544-201 Rev A dated 07.08.2025;
• Proposed Sales Building Elevations 14544-203 dated 24.02.2025;
• Proposed Sales Building [Floor Plans] 14544-202 dated 24.02.2025;
• EV Charger Details 14544-204 dated 24.02.2025;
• Substation Enclosure Details 14544-205 dated 24.02.2025;
• LV Enclosure Details 14544-206 dated 24.02.2025;
• Meter Cabinet Details 14544-207 dated 24.02.2025;
• Air/water and Vac Elevations 14544-208 dated 24.02.2025.
Reason: To define the permission in accordance with Policy SWDP1 and SWDP2 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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No development shall take place until details of the materials used in the exterior of the building hereby permitted, including their finish, have been submitted to and approved in writing by the local planning authority. These details shall include an implementation programme. The development shall be carried out in accordance with the approved details.
Reason: To ensure that the development displays good design practice and reflects local distinctiveness, 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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Before the first use/occupation of 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 the layout of proposed tree, hedge and shrub planting and grass areas.
ii. a schedule of proposed planting - indicating species, sizes at time of planting and numbers/densities of plants.
iii. 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: 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 South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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Prior to the progression of the development hereby permitted above slab level, an ecological enhancement scheme shall be submitted to and approved in writing by the local planning authority. The scheme shall include nesting provision for bats/birds, 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 and the relevant aims and objectives of the National Planning Policy Framework.

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The use of the building and air & vacuum facilities hereby permitted shall not be open to customers outside the hours of: 06:00-18:00 Monday to Friday and 07:00-16:00 Sundays and Bank Holidays.
Reason: To ensure there is no detrimental effect upon the amenities of the area, having regard to policy SWDP21 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

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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. This is to ensure compliance 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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The development hereby permitted shall not be brought into use until the access, parking and turning facilities have been provided as shown on Drawing No. Proposed Site Plan 14544-201 Rev A dated 07.08.2025. These areas shall thereafter be retained and kept available for their respective approved uses at all times.
Reason: To ensure conformity with summited details and to ensure that safe and convenient on-site parking and turning areas are provided and thereafter retained, 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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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 shall be retained 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 2016 and the relevant aims and objectives of the National Planning Policy Framework.

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Notwithstanding the submitted details, 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 ensure provision of an adequate and satisfactory standard of bicycle parking on the site, 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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Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking or re-enacting that Order with or without modification), the use of the building hereby permitted shall be limited to use class E(b) (for the sale of food and drink principally to visiting members of the public where consumption of that food and drink is mostly undertaken on the premises), of the Town and Country Planning (Use Classes) Order 1987 (as amended).
Reason: To enable the Local Planning Authority to exercise control over development in order to ensure highway and public safety and to prevent against a significant adverse impact on the vitality and viability of Evesham town centre, having regard to policies SWDP8, SWDP10 and SWDP21 and the relevant aims and objectives of the National Planning Policy Framework.

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In dealing with this application, the Council has worked with the applicant by seeking further information following receipt of the application and by 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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This permission does not authorise the Applicant to create or amend a vehicular crossing over a footway or verge within the public highway or to gain access to the public highway. Prior to any works commencing to install the dropped kerb, the Applicant must apply for and obtain a S184 Licence under the Highways Act 1980. The Applicant is responsible for all costs associated with a S184 Licence application and
the construction of the works covered by the Licence.
The Contractor / Licensee has overall responsibly for any works taking place in the public highway. All contractors working on the public highway must hold valid New Roads and Street Works Act (NRSWA) 1991 work cards.

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Drainage arrangements shall be provided to ensure that surface water from the 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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Due to the industrial and depot nature of site, which may have included fuel storage, and the proximity to a current Petrol Filling Station and other areas of historic contaminative industry, the DSEAR regulations (Blue Book) must be adhered to.

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The grant of this permission should not be construed as authorising the erection or display of any advertisements / signage for which the separate grant of advertisement consent may be required.

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Work should avoid disturbance to nesting birds. Nesting birds are protected under the 1981 Wildlife and Countryside Act and the Countryside and Rights of Way Act 2000. The main nesting season lasts approximately from March to September, so work should take place outside these dates if at all possible. However, birds can nest at any time and the site including any buildings should ideally be checked for their presence immediately before work starts.

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View this application at the Wychavon Planning Portal