| 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 373-24-P1001 A- Received 11.11.24
Proposed Block Plan 373-24-P101 A- Received 11.11.24
Proposed Plans 373-24-P102 A - Received 11.11.24
Proposed Elevations 373-24-P103 A - Received 11.11.24
Reason: To define the permission in accordance with Policy SWDP1 and SWDP2 of the South Worcestershire Development Plan and the National Planning Policy Framework. |
| Prior to the first use of the development hereby permitted details of the long-term maintenance, management and monitoring of the Biodiversity Net Gain provision detailed within the Preliminary Ecological Appraisal & Biodiversity Net Gain Assessment as referenced in table 7.1 (Sharpe Ecology) (Sep 2024) shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall cover a thirty-year period.
On completion of works the development shall be inspected by a qualified ecologist and a statement of conformity shall be submitted to the Local Planning Authority to confirm whether all of the biodiversity mitigation and enhancement measures have been implemented in accordance with the details approved under this condition
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 aims and objectives of the NPPF.
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| A landscape and ecological management plan (LEMP) shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development hereby approved. The content of the LEMP shall be guided by the requirement to meet a minimum of 10% Biodiversity Net Gain and maintain this after implementation, and shall include the following:
a. Description of the habitat enhancement measures to be applied 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 to maintain the required biodiversity net gain;
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 LEMP shall include details of the legal and funding mechanism(s) by which the long term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.
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. |
| Prior to commencement of development the developer is to submit directly to Network Rail asset protection and the LPA, a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway under Construction (Design and Management) Regulations, and this is in addition to any planning consent. Network Rail would need to be re-assured the works on site follow safe methods of working and have also taken into consideration any potential impact on Network Rail land and the existing operational railway infrastructure. Builder to ensure that no dust or debris is allowed to contaminate Network Rail land as the outside party would be liable for any clean-up costs. Review and agreement of the RAMS will be undertaken between Network Rail, the LPA and the applicant/developer.
Reason: To ensure safe methods of working which do not prejudice safety of the adjacent rail line in accordance in Policy SWDP 21 and the aims and objectives of the NPPF. |
| Prior to commencement of development, a drainage plan shall be submitted to the LPA for approval which must ensure that the proposed drainage does not increase Network Rail’s liability, or cause flooding pollution or soil slippage, vegetation or boundary issues on railway land. Therefore, the proposed drainage on site will include the following:
• All surface waters and foul waters must drain away from the direction of the railway boundary.
• Soakaways for the proposal must be placed at least 30m from the railway boundary.
• Any drainage proposals for less than 30m from the railway boundary must ensure that surface and foul waters are carried from site in closed sealed pipe systems.
Reason: To ensure a development that does not encroach on the adjacent Network rail line, compromising safety in accordance with SWDP 21 and 29 and the aims and objectives of the NPPF. |
| Prior to commencment of development a construction method statement shall be be submitted ot the local authority to ensure that there is no impact upon critical railway infrastructure. No excavation works are to commence without agreement from Network Rail and the LPA.
Reason: To ensure a development that does not encroach on the adjacent Network rail line, compromising safety in accordance with SWDP 21 and the aims and objectives of the NPPF.
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| Before the development hereby permitted is first occupied/used, details of any external lighting to be provided in association with the development shall be submitted to and approved in writing by the Local Planning Authority. The details shall include times when the external lighting will not be switched on. Only external lighting in accordance with approved details shall be provided on the application site. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) there shall be no other external lighting provided on the application site.
The lighting will ensure the ongoing safety of the operational railway the applicant’s lighting design must demonstrate no overspill of light onto Network Rail land. Lighting close to or adjacent to the railway boundary must not impact train driver’s ability to perceive signals and therefore all column lighting is recommended to be:
• White LED
• Flat bottom luminaires
• Downlit throw lighting
• Lighting to be directed away from the railway boundary
• Avoid the use of flashing lights or screens as part of developments
• Avoid lighting of Green, Yellow and Red.
Reason - To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP1, SWDP21 and SWDP25 of South Worcestershire Development Plan.
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| Scaffolding which is to be constructed within 10 metres of the Network Rail / railway boundary must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffolding must be installed. The applicant / applicant’s contractor must consider if they can undertake the works and associated scaffolding / access for working at height within the footprint of their land ownership boundary. The applicant is reminded that when pole(s) are erected for construction or maintenance works, they must have a minimum 3m failsafe zone between the maximum height of the pole(s) and the railway boundary.
This is to ensure that the safety of the railway is preserved, and that scaffolding does not:
• Fall into the path of on-coming trains
• Fall onto and damage critical and safety related lineside equipment and infrastructure
• Fall onto overhead lines bringing them down, resulting in serious safety issues (this is applicable if the proposal is above the railway and where the line is electrified).
Reason: To ensure a development that does not encroach on the adjacent Network rail line, compromising safety in accordance with SWDP 21 and the aims and objectives of the NPPF. |
| The development hereby approved shall be used for the storage of agricultural machinery, hay and as a shelter for livestock only and for no other purpose, including any other purpose in Class B, Class E, Class Q or Sui Generis of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.
REASON: In the interests of highway safety and to protect neighbouring amenity from inappropriate commercial and residential uses in accordance with Policies 4 and 21 of the South Worcestershire Development Plan and the aims and objectives of the NPPF. |
| All roads, paths, boundaries or ways providing access to any part of the railway undertaker's land both temporary and permanent, must remain open and unblocked (24/7, 365 – around the clock) both during construction works and as a permanent arrangement.
• The proposal must not encroach onto any Network Rail access road, paths or ways of access to any part of Network Rail land. This also includes emergency vehicles ability to access and exit Network Rail land.
• The proposal construction works must not prevent Network Rail from accessing its land.
Reason: To ensure access to the railway land is not obstructed and would compromise safety during construction of the proposal in accordance with Policy SWDP21 and the aims and objectives of the NPPF. |
| Proposals for the site should take into account the recommendations of, ‘BS 5837:2012 Trees in Relation to Design, Demolition and Construction’, which needs to be applied to prevent long term damage to the health of trees on Network Rail land so that they do not become a risk to members of the public in the future. This document will be provided via the formal interface with Network Rail Asset Protection.
Reason: To attempt to avoid damage to the tree or neighbouring trees, property and services and encourage best practice in planning works and safe operations. |
| Prior to the first use/occupation of the development hereby permitted, the details set out in the submitted Water Management Statement shall be fully implemented and remain thereafter.
Reason: To ensure that an appropriate sustainable drainage system is provided to serve the development in accordance with policy SWDP29 of the South Worcestershire Development Plan 2016. |
| In accordance with the provisions in the Town and Country Planning (Development Management Procedure) (England) Order 2015 and pursuant to paragraph 38 of the National Planning Policy Framework, where possible and feasible, either through discussions, negotiations or in the consideration and assessment of this application and the accompanying proposals, the council as the local planning authority endeavoured to work with the applicant/developer in a positive and proactive way to ensure that the approved development is consistent with the relevant provisions in the framework. |
| The developer/applicant must ensure that their proposal, both during construction, and after completion of works on site, does not affect the safety, operation or integrity of the operational railway, Network Rail land and its infrastructure or undermine or damage or adversely affect any railway land and structures.
• There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail air-space and no encroachment of foundations onto Network Rail land or under the Network Rail boundary.
• All buildings and structures on site including all foundations / fencing foundations must be constructed wholly within the applicant’s land ownership footprint.
• Buildings, windows and structures must not over-sail Network Rail air-space/boundary.
• Any future maintenance must be conducted solely within the applicant’s land ownership.
• Rainwater goods must not discharge towards or over the railway boundary
• Should the applicant require access to Network Rail land to facilitate their proposal they would need to approach the Network Rail Asset Protection Team at least 20 weeks before any works are due to commence on site. The applicant would be liable for all costs incurred in facilitating the proposal and an asset protection agreement may be necessary to undertake works. Network Rail reserves the right to refuse any works by an outside party that may adversely impact its land and infrastructure.
• Any unauthorised access to Network Rail air-space or land will be deemed an act of trespass.
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| The applicant will agree all excavation and earthworks within 10m of the railway boundary with Network Rail. Network Rail will need to review and agree the works to determine if they impact upon the support zone of our land and infrastructure as well as determining relative levels in relation to the railway. Network Rail would need to agree the following:
• Alterations to ground levels
• De-watering works
• Ground stabilisation works
• Works to retaining walls
• Construction and temporary works
• Maintenance of retaining walls
• Ground investigation works must not be undertaken unless agreed with Network Rail.
• Confirmation of retaining wall works (either Network Rail and/or the applicant). Prior to the commencement of works on site the applicant must confirm with Network Rail if there are any retaining walls/structures and the applicant must interface with Network Rail to ensure that no retaining structures are impacted on a permanent basis by their proposal.
• Alterations in loading within 15m of the railway boundary must be agreed with Network Rail.
• For works next to a cutting or at the toe of an embankment the developer / applicant would be required to undertake a slope stability review. |
| Where basement or deep excavations are proposed adjacent to the railway – Network Rail review and agreement of documents as well as supervision & an interface with Asset Protection are required.
• Excavations – ASPRO would require to review (including but not limited to);
• Earthworks RAMS
• Scale section drawing and plan – showing dimensions of basement, proximity dimensions from basement to the operational rail boundary fence and depth
• And if earth works battered back – as above – dimensions from rail boundary fence
• Advise if the basement excavation will be inside the track support zone envelope
• Temporary works earthworks support including RAMS and temporary works design
• Design to include:- demonstration that the temporary works and permanent construction will not import increased risk to the operational railway both during construction and in the long term
• Calculations, G.I. strata and design check certs, CEM and CRE design CVs and appointment forms
• Lifting plans (lifting e.g. temporary works support structure components in to place)
• Designed working platforms
• De-watering method
• Dust control
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| Any structures on the applicant’s land which runs seamlessly into a section of Network Rail infrastructure will require Network Rail agreement/comments and interface/supervision to ensure that there is no impact to or increase in risk to Network Rail assets. |
| As the proposal includes works which could impact the existing operational railway and in order to facilitate the above, a BAPA (Basic Asset Protection Agreement) will need to be agreed between the developer and Network Rail. The developer will be liable for all costs incurred by Network Rail in facilitating this proposal, including any railway site safety costs, possession costs, asset protection costs / presence, site visits, review and agreement of proposal documents and any buried services searches. The BAPA will be in addition to any planning consent.
Going forward in order for Network Rail to spend any time reviewing any submissions, provision of any asset information, attending any further meetings, assisting with discharging any planning conditions set etc, Network Rail will require the return of a signed BAPA (Basic Asset Protection Agreement) and relevant payment/ PO as noted in the estimate sent. Network Rail is a publicly funded entity and all outside party works, which these are, are cost recoverable as dictated to us by the ORR.
The local planning authority (LPA) are not responsible for the safe operation of the railway or our assets and the issues raised by the developer/applicant will ultimately need to be agreed by Network Rail engineering to ensure the proposed development does not interfere with the safety of the railway.
All new enquiries will need to be submitted via the Asset Protection and Optimisation - Customer Portal
Link to ASPRO ACE Portal ASPRO Network Rail Implementation (oraclecloud.com)
From there, the client can create an account and submit their enquiry. Enquiry will then be assigned to one of the Asset Protection team to progress. The assigned team member will then be in a position to review and comment on any submissions from the outside party.
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