| Condition Details / Information Notes |
| 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. |
| 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:
• Site Location Plan 01422-A4440-P00-001–K dated 25.09.2024;
• Proposed Site Plan Ground Floor 01422-A4440-P00-003-X dated 04.04.2025;
• Proposed Site Plan Roof Floor 01422-A4440-P00-004-V dated 04.04.2025;
• Existing Site Demolition Plan 01422-A4440-P00-005-B dated 25.09.2025;
• Proposed Ground Floor Plan 01422-A4440-P01-100-J dated 16.04.2024;
• Proposed Roof Plan 01422-A4440-P01-101-J dated 24.09.2024;
• Proposed Section AA - LOW BEAM 01422-A4440-P02-100-I dated 25.09.2024;
• Proposed Section BB - HIGH BEAM 01422-A4440-P02-101-E dated 25.09.2024;
• Proposed Section CC 01422-A4440-P02-102-C dated 25.09.2024;
• Existing Site Elevations 01422-A4440-P03-001-A dated 25.09.2024;
• Proposed Elevations 01422-A4440-P03-100– J dated 25.09.2024;
• Proposed Site Elevations 01422-A4440-P03-101 – E dated 04.04.2025;
• Detailed Section Showing Lower Beam in Module 01422-A4440-P04-100–B dated 13.09.2024;
• Detailed Section Showing Higher Beam in Module 01422-A4440-P04-101-B dated 13.09.2024;
• Site Details 01422-A4440-P04-102-A dated 14.09.2024;
• Timber Enclosure Detail 01422-A4440-P04-103 – B dated 25.09.2024;
• Landscape General Arrangement 2522-TFC-XX-00-DR-L-1001 received 04.04.2025;
• Site Sections 2522-TFC- XX-XX-DR-L-5001 dated 04.04.2025;
• Noise Impact Assessment Report 22191-RP-1-R0 dated 28 November 2024;
• Desktop Study, Preliminary Risk Assessment and Site Reconnaissance 794-ENV-GDE-20947 dated 21 May 2024;
• Energy Strategy Report dated 24th September 2024;
• Ecological Assessment and Biodiversity Impact Calculation P6574 dated 16th September 2024;
• Desktop Study: Preliminary Risk Assessment and Site Reconnaissance 794-ENV-GDE-20947-1 dated 21 May 2024.
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 |
| The materials to be used in the construction of the external surfaces of the development hereby permitted shall match in type, colour and appearance to the detailed listed within the Planning Application Design & Access Statement dated September 2024.
Reason: To ensure that the new materials are in keeping with the surroundings and/or represent quality design in accordance with policy SWDP21 of the South Worcestershire Development Plan. in accordance with policies SWDP 6, SWDP21 and SWDP24 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. |
| Before the commencement of construction works on 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) plan(s) showing details of all existing trees and hedges on the application site. The plan should include, for each tree/hedge, the accurate position, canopy spread and species, together with an indication of any proposals for felling/pruning and any proposed changes in ground level, or other works to be carried out, within the canopy spread.
(ii) a plan(s) showing the layout of proposed tree, hedge and shrub planting and grass areas.
(iii) a schedule of proposed planting - indicating species, sizes at time of planting and numbers/densities of plants.
(iv) a written specification outlining cultivation and other operations associated with plant and grass establishment.
(v) a schedule of maintenance, including watering and the control of competitive weed growth, for a minimum period of five years from first planting.
(vi) a plan showing the landscaping in relation to the visibility splays.
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. |
| The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), has been prepared in accordance with the approved Biodiversity Gain Plan and the approved landscape scheme, submitted to and approved in writing by the Local Planning Authority. It shall be based on the recommendations made in the Ecological Assessment and Biodiversity Impact Calculation P6574 dated 16th September 2024, and shall include:
(a) a non-technical summary;
(b) the roles and responsibilities of the people or organisation(s) delivering the HMMP;
(c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;
(d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
(e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority. Notice in writing shall be given to the Council when the habitat creation and enhancement works as set out in the HMMP have been completed.
The created and enhanced habitat specified in the approved HMMP shall thereafter be managed and maintained in accordance with the approved HMMP.
Monitoring reports shall be submitted to the local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP.
The plan shall also set out where the results of the monitoring show that conservation aims and objectives of the HMMP are not being met, how contingencies and/or remedial action are identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.
Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and SWDP22 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. |
| Development shall not commence until evidence has been submitted to and approved in writing by the Local Planning Authority (LPA) demonstrating that a conservation covenant or a section 106 agreement has been entered into to provide and control the long-term management, monitoring, and enhancement of biodiversity at the off-site habitat located within Malvern District Authority, or another area as agreed in writing with Wychavon District Council. The conservation covenant or section 106 agreement shall ensure the delivery of the required biodiversity units for a minimum period of 30 years from the completion of the habitat enhancement works.
The submitted evidence shall include a copy of the conservation covenant or section 106 agreement demonstrating that the off-site habitat is managed in accordance with the approved Biodiversity Gain Plan.
Reason: To comply with the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 and paragraphs 180 and 186 of the National Planning Policy Framework.
|
| In accordance with the Reptile Survey Report by The Ecology Co-Op, prior to any construction works commencing at the site, (and between the months of March and October to avoid the hibernation season), a qualified ecologist must carry out or oversee:
a) a hand search of the construction area, with a 2-phase strim of the construction area. Following the strim, the construction zone must then be maintained as a short sward until works commence;
b) install appropriate reptile fencing and carry out a hand-search of the intended fence line prior to the installation of the fencing;
c) After installation of the reptile fencing, carry out weekly checks of the fence, and repair any damage identified.
Should any reptiles or other protected species be found within the construction zone, a qualified ecologist should be contacted immediately.
Reason: In the interests of protecting the reptile habitats and mitigating against any negative impacts to protected species, having regard to the duties outlined in the Wildlife and Countryside Act 1981 (as amended), Natural Environment and Rural Communities Act 2006, the Conservation of Habitats and Species Regulations 2017 (Habitats Regulations 2017), policy SWDP22 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
|
| Prior to the commencement of development, including site clearance, demolition, materials delivery, vehicular movement and erection of site huts, the scheme for tree protection shall be installed in accordance with the detail contained within the Aboricultural Impact Assessment by Mark Welby, dated 26th September 2024. The development hereby permitted shall then progress solely in accordance with the Arboricultural Method Statement contained within this report.
Reason: To prevent existing trees/hedges from being damaged during construction work and to preserve the amenities of the locality. In accordance with policy SWDP 22 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
|
| 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.
• 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.
• Measures to ensure Public Rights of Way remain unobstructed.
• Temporary traffic management arrangements.
• Mitigation for impacts on residents, businesses, and public transport services.
• Details of any temporary construction accesses and their reinstatement.
• Detailed tracking assessments for all vehicle types requiring access to both compounds, performing all entry and exit manoeuvres at the compound access, Haul Road access/junctions and nearby highway junctions.
• 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 that the construction traffic and construction works do not cause any detrimental impact upon highway safety, having regard to policies SWDP4 and SWDP 21 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. |
| Development shall not begin until visibility splays are provided from a point 0.6m above carriageway level at the centre of the access to the application site and 2.4 metres back from the near side edge of the adjoining carriageway, (measured perpendicularly), for a distance of 103.9 metres in the southbound direction measured along the nearside edge of the adjoining carriageway and offset a distance of 0.6m from the edge of the carriageway. Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.
Reason: To ensure that vehicles can safely access and leave the site in the interests of highway safety, having regard to policies SWDP4 and SWDP 21 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. |
| (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) 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 and the relevant aims and objectives of the National Planning Policy Framework. |
| Prior to the progression of the development hereby approved above slab level, or prior to the installation of any hard landscaping (whichever is sooner), 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 before the first use of the development hereby permitted. Development shall be carried out in accordance with the approved details.
Reason: To ensure the proposed development represents high quality design and 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. |
| Prior to the progression of the development above slab level and in accordance with the Reptile Survey Report by The Ecology Co-Op, a herptile hibernaculum shall be created and installed on site. The feature shall be retained and maintained in perpetuity.
Reason: To ensure adequate habitat and enhancement measures are in place for reptiles having regard to the Wildlife and Countryside Act 1981, Natural Environment and Rural Communities Act 2006, the Conservation of Habitats and Species Regulations 2017 (Habitats Regulations 2017) and policy SWDP22 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
|
| Prior to the first use of the development hereby approved, secure parking for staff bicycles shall be provided in accordance with the approved details. These facilities shall thereafter be retained for the parking of cycles only in perpetuity.
Reason: To ensure that the development offers a genuinely sustainable choice of sustainable travel choices for staff, having regard to policy SWDP 4 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
|
| 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 and the relevant aims and objectives of the National Planning Policy Framework. |
| 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 be 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. |
| The Electric Vehicle Charging Points hereby approved shall allow for ultra rapid charging with a capacity to supply up to at least 350 kW per connector.
Reason: The provision of ultra rapid charging points has been afforded positive weight in the planning balance to diversify the electric vehicle charging point infrastructure resulting in social benefits, having regard to policy SWDP1 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework.
|
| The development hereby approved, including retail and leisure element of the scheme, shall not be brought into use until all 14 electric car charging points have been installed in accordance with 'Proposed Site Plan Ground Floor 01422-A4440-P00-003-X dated 04.04.2025', and the solar panels have been installed as per the approved elevations.
The retail/leisure element shall thereafter remain ancillary to the main use of the site as an electric vehicle charging facility.
Reason: To ensure that the provision of the electric vehicle charging points and renewable energy sources are delivered, as they have been afforded positive weight in the planning balance, and to ensure that the development operates as proposed, in accordance with policies SWDP1, SWDP4 and SWDP27 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. |
| When the land ceases to be used for power production from the photovoltaic system hereby approved for a continuous period of six months, any structures, fixings and plant related to the operation of the solar panels, including the canopy structure shall be removed from the land which shall restored in accordance with details that have been submitted to and agreed in writing by the Local Planning Authority prior to the decommissioning works taking place. Such details shall include timescales for decommissioning.
Reason: To ensure that the development maintains a contribution to the renewable energy network for the duration of the development's lifespan as this has been afforded positive weight in the planning balance, and to protect the visual amenity of the site, in accordance with South Worcestershire Development Plan policies SWDP2, SWDP21, SWDP 25 and SWDP27 and the aims and objectives of the National Planning Policy Framework (NPPF). |
| The external lighting hereby permitted shall accord with the details provided within the External Lighting Impact Assessment by Herrington, dated September 2024.
The scheme shall be maintained and retained thereafter in perpetuity, unless otherwise approved in writing by the Local Planning Authority.
Reason: To define the permission, and to ensure that any light spill does not detract from the landscape character, highway safety, residential amenities of owners/occupiers of existing neighbouring properties and to ensure that protected species are not harmed, having regard to Policies SWDP1, SWDP 21, SWDP 22 and SWDP 25 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework
|
| Notwithstanding the submitted details, no customer visiting the site shall be parked on site for an excess of three hours at any one time.
Reason: To ensure provision of available on-site parking provision throughout the day and night to prevent congestion of the site impacting upon the surrounding highway network, in the interests of highway safety, having regard to Policy SWDP 21 South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. |
| Customers using the associated facilities including the food and beverage facilities within the canopy structure and wider development hereby permitted, shall not be open outside the following hours of
07:00 and 19:00 Monday to Sunday, including bank holidays. Notwithstanding this, the electric vehicle charging points may remain operational 24 hours per day, 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 and the relevant aims and objectives of the National Planning Policy Framework and also not to undermine the economic strategy of the District, with regards in particular to protect the economic function of the District’s defined centres and other local facilities in accordance with policies SWDP8, SWDP9, and SWDP10 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. |
| The hedge along the southern boundary of the development site hereby permitted shall be allowed to mature to a height of at least 2.5 metres above ground level. This hedge shall not be cut/reduced to a height below 2.5 metres above ground level.
The hedge along the western boundary of the development site hereby permitted shall be allowed to mature to a height of at least four metres above ground level. This hedge shall not be cut/reduced to a height below four metres above ground level.
Reason: To ensure that an appropriate level of screening is achieved to soften the visual appearance of the development within the landscape, 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. |
| No vehicle, trailer, stall and/or any equipment associated with any food/beverage vendor shall be brought onto the site until the following details have been submitted to and approved in writing by the Local Planning Authority.
(a) The position of the vendor within the site;
(b) The appearance of the food/beverage stalls through the provision of elevations/photos;
(c) The timescale to which the vendor will be present on site;
(d) Details of any external lighting or advertisements;
(e) Details of the proposed business in terms of the goods for sale.
Any food/beverage provider operating from the site shall be small scale and temporary in nature and be fully removable from the site within 1 hour, and shall solely operate as an ancillary use to the electric vehicle charging facility.
Thereafter, the development shall be carried out and completed strictly in accordance with the approved details. Any material change to the position of the food/beverage providers’ vending equipment/stall, or replacement in a different location, shall only take place in accordance with details submitted to and approved in writing by the Local Planning Authority.
Reason: The agreement of details to confirm the numbers and appearance of food and beverage providers prior to their operation from the site is fundamental to ensure that the development preserves the character and amenity of the locality, having regard to Policies SWDP 21 and SWDP 25 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework and also not to undermine the economic strategy of the District, with regards in particular to protect the economic function of the District’s defined centres and other local facilities in accordance with policies SWDP8, SWDP9, and SWDP10 of the South Worcestershire Development Plan and the relevant aims and objectives of the National Planning Policy Framework. |
| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant by seeking further information following receipt of the application;
seeking amendments to the proposed development 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. |
| This permission does not authorise the construction work in the public highways until:
• Engineering details of the works within the public highway have been approved by the Highway Authority; and
• The Applicant has applied for and obtained from the County Council, as the Highway Authority, a licence under Section 115E of the Highways Act, 1980 for the construction and retention of the proposed disabled access facility within the confines of the public highway. |
| It should be noted that the proposed outfall headwall, within the adjacent ditch, will require Ordinary Watercourse Land Drainage Consent. This consent must be approved prior to any works commencing on site. The consent is obtained from the Engineering Section. Please contact Debbie.bowen@wychavon.gov.uk for guidance notes and an application form. |
| 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. |
| The applicant should refer to the 'WRS Code of Best Practice for Demolition and Construction Sites', https://www.worcsregservices.gov.uk/media/raejo4k2/wrs-contractor-guidance-2nd-editionv-1-0.pdf, and ensure its recommendations are complied with. |
| All public or private lighting proposals shall also be submitted to WCC’s Ecologist for approval, and it is recommended a proposed lighting layout plan with lux contours and a short-form equipment specification is provided to help in the assessment of the proposals – this plan shall include both public and private exterior lighting. As the site itself will remain privately owned, private lighting should be in keeping with the surrounding environment and should not cause any obtrusive light to adjacent properties. |
| 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. |
| 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. |
| Unless otherwise approved, the charge specification shall comply with the Building Regulations 2010, Infrastructure for the charging of electric vehicles, Approved Document "S" . The facility shall be retained thereafter. |
| 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. |
| As part of the soft landscaping scheme, tree planting should be included to the inside of the retained hedgerow to the eastern, roadside boundary. |
| The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Wychavon District Council.
There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below.
Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements listed below are considered to apply.
Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition:
1. The application for planning permission was made before 12 February 2024.
2. The planning permission relates to development to which section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out) applies.
3. The planning permission was granted on an application made under section 73 of the Town and Country Planning Act 1990 and
(i)the original planning permission to which the section 73 planning permission relates* was granted before 12 February 2024; or (ii)the application for the original planning permission* to which the section 73 planning permission relates was made before 12 February 2024.
4. The permission which has been granted is for development which is exempt being:
4.1 Development which is not ‘major development’ (within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015) where:
i) the application for planning permission was made before 2 April 2024;
ii) planning permission is granted which has effect before 2 April 2024; or
iii) planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 where the original permission to which the section 73 permission relates* was exempt by virtue of (i) or (ii).
4.2 Development below the de minimis threshold, meaning development which:
i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and
ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).
4.3 Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A “householder application” means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.
4.4 Development of a biodiversity gain site, meaning development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the Biodiversity Gain Planning condition which applies in relation to another development, (no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee).
4.5 Self and Custom Build Development, meaning development which:
i) consists of no more than 9 dwellings;
ii) is carried out on a site which has an area no larger than 0.5 hectares; and
iii) consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).
4.6 Development forming part of, or ancillary to, the high speed railway transport network (High Speed 2) comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.
* “original planning permission means the permission to which the section 73 planning permission relates” means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.
Irreplaceable habitat |
