| Condition Details / Information Notes |
| Application for approval of reserved matters shall be made to the Local Planning Authority before the expiration of 24 months from the date of this permission. The development hereby permitted shall not take place later than 12 months from the date of approval of the last reserved matters to be approved.
Reason: To help expediently meet the Districts housing needs given the current shortfall in 5-year housing land supply and to accord with the requirements of Section 91 (1) 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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| Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved.
Reason : This permission is in outline only and further details of the reserved matters are required to ensure the satisfactory development of the site.
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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 :
• K729-01Rev E - Site location plan
• HAM-BWB-GEN-XX-DR-TR-101/S2/P10 title ‘Proposed Ghost Island Site Access Junction’
Reason: To define the permission in accordance with Policy SWDP1 and SWDP2 of the South Worcestershire Development Plan and the National Planning Policy Framework. |
| The submission of any reserved matters applications shall be in general accordance with the Parameter Plan reference K729-42 Rev C.
Reason: To ensure the satisfactory development of the site, to protect, conserve and enhance the setting of heritage assets in accordance with policies SWDP6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
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| No development hereby approved shall take place within 10m of the railway line until a Risk Assessment and Method Statement (RAMS) has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with approved details.
Reason: To ensure that the construction and subsequent maintenance of the proposal can be carried out without adversely affecting the safety, operational needs or integrity of the railway and in the interests of public safety in accordance with policy SWDP31 of the South Worcestershire Development Plan. A pre-commencement condition is necessary to address risk to public safety and the safe operation of the railway before works commence on site.
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| The development hereby approved shall not commence until a Construction Method Statement has been submitted to and approved in writing by the local planning authority This CMS shall include but not be limited to the following:
• Measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway;
• 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;
• Details of any temporary construction accesses and their reinstatement;
• A highway condition survey, timescale for re-inspections, and details of any re-instatement/repair works; and
• Measures taken to monitor and mitigate any impacts from noise, vibration and dust emissions associated with the construction process.
• Details to mitigate any adverse impact on the railway line/network rail land including restricting authorised access, measures to avoid encroachment, use of appropriate temporary construction lighting and details of all scaffolding works within 10m of the railway boundary.
• Details of any vibro-impact /piling/ground works prior to their use.
• Any vibro-impact works shall not exceed a peak particle velocity of 5mm/s at any structure or with respect to the rail track.
• There shall be a minimum of 3m distance between any proposed structures/buildings and the railway boundary.
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 by in writing by the Local Planning Authority.
Reason: To ensure the provision of adequate on-site facilities, to protect neighbouring residential amenity, in the interests of highway safety, in the interests of protecting the railway and its boundary from over-sailing scaffolding and to prevent any piling works and vibration from de-stabilising or impacting the railway in accordance with policies SWDP4, SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016. A pre-commencement condition is necessary to address the matters set out above given their potential environmental harm before works commence on site.
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| No development hereby approved shall take place (including any ground works, demolition or clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:
a. Risk assessment of potentially damaging construction activities, including pollution from noise, dust and lighting in relation to both on-site and off-site receptors;
b. Identification of “biodiversity protection zones”;
c. Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);
d. The location and timing of sensitive works to avoid harm to biodiversity features;
e. The times during construction when specialist ecologists need to be present;
f. Responsible persons and lines of communication;
g. The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;
h. Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
Reason: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 (as amended) and in accordance with policy SWDP 22 of the South Worcestershire Development Plan 2016.
A pre-commencement condition is necessary to address the matters set out above given the potential harm to biodiversity within the site before works commence on site.
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| No development hereby approved shall take place until an Ecological Design Strategy (EDS) has been submitted to and approved in writing by the local planning authority. The strategy shall be based on the findings and recommendations contained within the Ecological Assessment by Ecology Solutions, Version Dv2 dated 04.10.24, the Biodiversity Net Gain Briefing Note by Ecology Solutions, ref. 7276.BNG.dv1, dated October 2024, as well as any update surveys, as appropriate. and shall include the following:
a. Purpose and conservation objectives for the proposed works;
b. Review of site potential and constraints;
c. Detailed designs and working methods to achieve stated objectives (including, where relevant, type and source of materials to be used);
d. Extent and location of proposed works shown on appropriate scale maps and plans;
e. Type and source of materials to be used where appropriate, e.g. native species of local provenance;
f. Timetable for implementation, demonstrating that works are aligned with the proposed phasing of development;
g. Persons responsible for implementing the works;
h. Initial aftercare;
i. Details for disposal of any wastes arising from works.
j. Creation of an ecological corridor within the Significant Gap to the south of the site to include planned attenuation ponds, meadow grassland and scattered trees to increase biodiversity on the site, control surface water run-off and provide enhanced public amenity
The EDS shall be implemented in accordance with the approved details and all features maintained as such thereafter.
On completion of the ecological mitigation and enhancement works, a statement of compliance shall be submitted to the local planning authority by the Ecological Clerk of Works confirming that specified and consented measures have been implemented.
Reason: To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site and for the wider area in accordance with policy SWDP 22 of the South Worcestershire Development Plan 2016 and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 (as amended).
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| Prior to commencement of development hereby approved details of how the development will enhance biodiversity within the site (demonstrating a minimum of 20% net biodiversity net gain)shall be submitted to and approved in writing by the local planning authority. The details shall include:
- Updated Metric calculations based on the detailed site layout and landscape scheme, and calculated using the latest version of the Defra metric and up-to-date baseline habitat and condition assessments and justifications;
- A Biodiversity Gain Plan;
- A timetable for implementation.
The development shall be carried out in accordance with the approved details.
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 2016 and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 (as amended).
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| No development hereby approved shall commence until a scheme for the provision of Open space/Green Infrastructure and timetable for implementation within the land edged red on plan reference K729/01(Rev E has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall thereafter be carried out in accordance with approved details.
Reason: To ensure the provision and maintenance of an adequate green infrastructure/public open space to serve the proposed development and to help ensure the development enhances/protects the biodiversity value of the site in accordance with policies SWDP5 and SWDP39 of the South Worcestershire Development Plan 2016.
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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) Furthermore 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: To mitigate the impact on features of potential archaeological value with the site in accordance with policies SWDP6 and 24 of the South Worcestershire Development Plan 2016. |
| No development hereby approved shall take place until details of water efficiency measures and a site wide drainage strategy has been submitted to, and approved in writing by the Local Planning Authority. The scheme shall include the results of an assessment into the potential of disposing of surface water by means of a sustainable drainage system (SuDS) and shall provide an appropriate level of runoff treatment. The drainage strategy shall also address flood risk at the vehicular access and egress points. The drainage strategy shall take into account the existing railway infrastructure.
The SuDS details shall include biodiversity benefits and measures to prevent pollution of nearby watercourse as set out in Water Management Statement by BWB Consulting Ltd dated September 2024 in respect of how to protect water quality of the watercourse.
The approved scheme shall be completed prior to the occupation of the first dwelling of the development hereby approved.
Reason: To protect the adjacent railway from the risk of flooding, soil slippage, pollution, to ensure that the site can be adequately drained and to ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policies SWDP22, SWDP28, SWDP29 and SWDP31 of the South Worcestershire Development Plan.
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| No development hereby approved shall take place until a SuDS management plan which will include details on future management responsibilities, along with maintenance schedules for all SuDS features and associated pipework has been submitted to and approved in writing by the Local Planning Authority. This plan shall detail the strategy that will be followed to facilitate the optimal functionality and performance of the SuDS scheme throughout its lifetime. The SUDS Management strategy shall take account of existing railway infrastructure. The approved SuDS management plan shall be implemented in full in accordance with the agreed terms and conditions.
Reason: To protect the adjacent railway from the risk of flooding, soil slippage, and pollution and to comply with South Worcestershire Development Plan policies SWDP1, SWDP4, SWDP29, and SWDP31, and the relevant aims and objectives of the National Planning Policy Framework. |
| The development hereby approved shall not commence until full details of ground levels, earthworks and excavations to be carried out within 15m of the railway boundary have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: To protect the adjacent railway and it’s boundary accordance with policy SWDP31 of the South Worcestershire Development Plan.
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| The development hereby approved shall not commence until details of vehicle safety protection measures along the railway boundary have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: To protect vehicle incursion from the proposed development impacting on the safe operation of the adjacent railway in accordance with policy SWDP31 of the South Worcestershire Development Plan.
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| The development hereby approved shall not commence until drainage plans for the disposal of foul water flows have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.
Reason: To ensure that the development is provided with a satisfactory means of foul drainage as well as to prevent or to avoid exacerbating any flooding issues and to minimise the risk of pollution in accordance with policies SWDP28, SWDP29, SWDP30 and SWDP31 of the South Worcestershire Development Plan 2016.
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| The development hereby approved shall not commence until details of the finished floor levels of all dwellings/buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: To ensure the proposal integrates with the surroundings and to minimise any wider landscape and visual impacts in accordance with policies SWDP21 and SWDP25 of the South Worcestershire Development Plan 2016.
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| Reserved matters applications submitted pursuant to conditions 1 and 2 in relation to ‘landscaping’ shall include:
1. survey information of all existing trees and hedges on the application site, and branches from trees on adjacent land that overhang the site. The survey shall include for each tree/hedge:
i) the accurate position, canopy spread and species plotted on a plan.
ii) an assessment of its general health and stability.
iii) an indication of any proposals for felling or pruning.
iv) details of any proposed changes in ground level, or other works to be carried out, within the canopy spread.
2. a landscape scheme which shall include:
i) a plan(s) showing the planting layout of proposed tree, hedge, shrub and grass areas.
ii) a schedule of proposed planting - indicating species, size at time of planting and numbers/densities of plants.
iii) a written specification outlining cultivation and other operations associated with plant and grass establishment.
iv) a schedule of maintenance, including watering and the control of competitive weed growth, for a minimum period of five years from first planting.
v) proposed native planting along the northern and eastern boundaries to connect to the existing vegetation and provide additional hedgerows, trees and woodland habitat on the site
vi) details of planting along the boundary that takes into account the requirements of BS 5837:2012 Trees in Relation to Design, Demolition and Construction’ and the operation and long-term maintenance requirements of railway line.
Reason: To preserve and enhance the visual amenities of the area, to ensure the satisfactory development of the site and to ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with Policies SWDP21, SWDP22 and SWDP25 of the South Worcestershire Development Plan 2016.
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| All existing trees and hedges on site, or branches from trees on adjacent land that overhang the site, unless indicated to be removed as part of any reserved matters approval, shall be retained and shall not be felled or pruned or otherwise removed within a period of five years from the completion of the development without the previous written consent of the Local Planning Authority.
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 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.
If any retained tree/hedge is removed, uprooted or destroyed or dies, replacement planting shall be carried out in the first available planting season of such species, sizes and numbers and in positions on site as may be specified by the Local Planning Authority.
Reason: To prevent existing trees/hedges from being damaged during construction work and to protect the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of the South Worcestershire Development Plan 2016.
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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, detailed below, have been complied with:
1. Previous reports 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. Detailed site investigation and risk assessment must be undertaken and a written report of the findings produced. This report must be approved by the Local Planning Authority prior to any development taking place. The investigation and risk assessment must be undertaken by competent persons and must be conducted in accordance with the Environment Agency's "Land Contamination: Risk Management" guidance.
3. 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.
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.
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 policies SDWP22, SWDP30 and SWDP31 of the South Worcestershire Development Plan 2016. |
| 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 guided by the requirement to achieve the Biodiversity Net Gain scheme approved under condition (10) above and maintain this after implementation, and 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 2016.
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| No dwelling hereby approved shall be occupied until details of a suitable trespass proof fence or other means of boundary treatment along the railway line have been submitted to and approved in writing by the Local Planning Authority. The approved fence/boundary treatment shall be provided prior to the first occupation of the development hereby permitted and maintained as such thereafter.
Reason: To protect the adjacent railway line from authorised access and in the interests of public safety in accordance with policies SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016.
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| Prior to commencement of development a package of noise mitigation measures shall be submitted to and agreed in writing by the Local Planning Authority. The noise mitigation measures shall meet the required sound reduction specifications to achieve the BS8233:2014 recommended internal and external noise levels (Table 4 & Section 7.7.3.2). The noise mitigation measures will take into account potential noise from the operation of the railway line. The noise mitigation measures shall be implemented in accordance with the approved details prior to the first occupation of the development hereby permitted.
Reason: To ensure the proposal would provide a satisfactory living environment for future occupiers in accordance with policies SDWP21 and SWDP31 of the South Worcestershire Development Plan 2016
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| Reserved matters applications submitted pursuant to conditions 1 and 2 in relation to ‘layout’ shall include details of the housing mix (including types and tenures). The housing mix shall be submitted to and approved in writing by the Local Planning Authority, and thereafter implemented in accordance with the approved details prior to the first occupation of the development hereby permitted.
Reason: To ensure the provision of housing to support mixed and balanced communities based on the size, type and tenure needs of the District, and to ensure that range of household demand can continue to be accommodated in accordance with policies SDWP14 and SWDP15 of the South Worcestershire Development Plan 2016.
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| No dwelling hereby approved shall be first occupied until the primary vehicular access has been provided as shown on drawing No. HAM-BWB-GEN-XX-DR-TR-101/S2/P10 titled ‘Ghost Island Site Access Junction Layout’ to the satisfaction of the Local Planning Authority, in consultation with the Local Highway Authority.
Reason: In the interests of highway safety and to ensure conformity with submitted details in accordance with policies SWDP4 and SWDP21 of the South Worcestershire Development Plan 2016. |
| The Development hereby approved shall not be first occupied until the following highway improvements works comprising:-
• New section of 2.0m footway on west side of Kidderminster Road from the existing northbound bus stop opposite Doverdale Park in a south direction, for approximately 75m;
• An uncontrolled central reserve pedestrian crossing point, with dropped kerbs and tactile paving, on Kidderminster Road to the south of the existing Doverdale Park site access;
• Widening of the existing east footway on Kidderminster Road to provide a 3.0m shared footway/cycle way facility running north from the proposed emergency access/pedestrian & cycle link for approximately 30m; and
• An uncontrolled central reserve pedestrian/cycle crossing point, with dropped kerbs and tactile paving, on Kidderminster Road to the north of the proposed emergency access/pedestrian & cycle link.
have been completed to the satisfaction of the Local Planning Authority and approved in writing (in discussion with the Local Highway Authority) and open to traffic.
REASON: To ensure the safe and free flow of traffic onto the highway and to comply with South Worcestershire Development Plan policies SWDP4 and SWDP21, and the relevant aims and objectives of the National Planning Policy Framework. |
| Appropriate cabling and an outside electrical socket shall be supplied for each dwelling adjacent to a car parking space to enable the installation of an electric vehicle charging point before each dwelling is occupied. The charging point shall comply with BS7671 or such standard as may be agreed in writing with the local planning authority. The socket shall comply with BS1363 or such other standard as may be agreed in writing with the local planning authority and be provided with a locking weatherproof cover if located externally to a building.
Reason: To help reduce air pollution, to encourage sustainable travel and healthy communities in accordance with policies SWDP4, SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016.
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| The Development hereby approved shall not be first occupied until details of car parking, to comply with the Council’s adopted car parking standards, has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority.
Reason: To comply with the Council’s parking standards and to comply with South Worcestershire Development Plan policies SWDP4 and SWDP21, and the relevant aims and objectives of the National Planning Policy Framework. |
| The Development hereby approved shall not be first occupied until sheltered and secure cycle parking, to comply with the Council’s adopted cycle parking standards, 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.
Reasons: To help reduce air pollution, to encourage sustainable travel and healthy communities in accordance with policies SWDP4, SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016. |
| The Development hereby approved shall not be first occupied until visibility splays are provided from a vertical point 1.05m above carriageway level at the centre of the application main site access and 2.4m back from the near side edge of the adjoining carriageway, (measured perpendicularly), for at least 160m in both directions, measured along the nearside edge of the adjoining carriageway (vertical off set of 0.6m). Nothing shall be planted, erected and/or allowed to grow on the triangular areas of land so formed which would obstruct the visibility described above.
REASON: In the interests of highway safety and to ensure conformity with submitted details in accordance with policies SWDP4 and SWDP21 of the South Worcestershire Development Plan 2016. |
| The Development hereby approved shall not be first occupied until a Travel Plan has been submitted using Modeshift STARS Business and ‘Approved’ level accreditation and been confirmed by the Local Planning Authority. ‘Good’ 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 ensure residents of the development site are offered a genuine choice of sustainable travel modes and to promote sustainable access to the development site and to comply with South Worcestershire Development Plan policies SWDP1, SWDP4 and SWDP21, and the relevant aims and objectives of the National Planning Policy Framework. |
| Before the development hereby approved is first occupied, a residential welcome pack promoting sustainable forms of access to the development shall be submitted to and approved in writing by the Local Planning Authority. The pack shall be provided to each resident at the point of occupation.
Reasons: To help reduce vehicle movements, to reduce air pollution, to encourage sustainable travel and healthy communities in accordance with policies SWDP4, SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016
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| Prior to the occupation of any part of the development hereby permitted, details of the facilities for the storage of refuse for all proposed dwellings within the development shall be submitted to, and approved in writing by the Local Planning Authority. No individual dwelling shall be occupied until approved refuse storage facilities to serve that dwelling has been provided in accordance with approved details.
Reason: To ensure the proposed dwellings have adequate refuse storage facilities and to represent high quality design in accordance with policies SWDP21 and SWDP33 of the South Worcestershire Development Plan 2016.
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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 using 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 in accordance with policy SWDP 27 of the South Worcestershire Development Plan 2016.
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| Prior to the first occupation of any of the dwellings hereby permitted, a comprehensive lighting strategy, including a timetable for its implementation, shall be submitted to and approved in writing by the Local Planning Authority. The submitted strategy shall include full details as to the extent, nature and location of all external lighting sources for all areas of the development and the following:
a. Identification of the areas/features on-site and off-site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places, or along important routes used to access key areas of their territory, for example, for foraging; and
b. Show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not adversely affect heritage assets or disturb or prevent bats using their territory or having access to their breeding sites and resting places.
c. The external lighting design shall take account of the operational railway line.
All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. No new external lighting shall be installed without prior consent from the local planning authority.
Reason: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 (as amended), to ensure the safe operation of the railway, to minimise impacts on protected species and the rural landscape and the setting of designated heritage assets in accordance with policies SWDP6, SWDP22, SWDP24 , SWDP25 and SWDP31 of the South Worcestershire Development Plan 2016.
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| Prior to the first occupation of the development hereby approved, details of superfast broadband facilities or alternative solutions to serve the need of future occupiers shall be submitted to and approved in writing by the local planning authority. The submitted details shall include a timetable for implementation. The facilities shall be provided in accordance with the approved details.
Reason: To ensure the provision of suitable superfast broad for future occupiers in accordance with policy SWDP26 of the South Worcestershire Development Plan 2016.
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| Clearance or construction work in connection with the development hereby approved shall only take place between the hours of 08.00 and 18.00hrs Monday to Friday and 08.00 and 13.00hrs on a Saturday. There shall be no clearance or construction work on Sundays or Bank Holidays.
Reason: To protect neighbouring residential amenity in accordance with policies SWDP21 and SWDP31 of the South Worcestershire Development Plan 2016.
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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 works with the Highway Authority, nor does it confirm acceptance of the proposal by the Highway Authority until that design check process has been concluded. Upon the satisfactory completion of the technical check, the design would be suitable to allow 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 and the Applicant has complied with the requirements of the Traffic Management Act 2004.
The Applicant is urged to engage with the Highway Authority 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 Applicant should be aware of the term “highway works” being inclusive of, but not limited to, the proposed junction arrangement, street lighting, structures, and any necessary traffic regulation orders.
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.
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.
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.
Construction Traffic Management Plan (CTMP)
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.
• Working to create a positive and enduring impression and promoting the Code.
The CTMP 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.
Public Rights of Way
The Applicant should be aware that, under section 34 of the Road Traffic Act 1988, any person who, without lawful authority, drives a motor vehicle on a public right of way 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 public use.
The Applicant shall observe the following general obligations to Public Rights of Way:-
• The Public safety of those using the right of way must be ensured at all times.
• There must be no diminution in the width of the rights of way available for use by the public.
• There must be no change to the surface of a Public Right of Way without written consent from the authority.
• Building 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.
Where possible, the definitive line of public rights of way should be kept open and available for use throughout the construction phase. However, if Public Safety demands a temporary closure, application should be made at least 8 weeks in advance to: The Public Rights of Way Mapping Team at prowclosures@worcestershire.gov.uk . Obstructing a Public Right of Way without a formal closure constitutes an offence under the Highways Act 1980.
Lighting
To determine the safety and requirement to light, the developer shall contact WCC Street Lighting to retrieve a feasibility report template and request existing lighting asset information. The report shall be completed and all documents requested within the template provided to WCC for approval. |