| 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 –
4411_001A
4411_002A
4411_003
4411_004
Location Plan
Reason: To define the permission in accordance with Policy SWDP1 and SWDP2 of the South Worcestershire Development Plan and 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 2016. |
| 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 and the aims and objectives of the National Planning Policy Framework (NPPF). |
| Before the first use/occupation of the development hereby permitted 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/occupation 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 aims and objectives of the National Planning Policy Framework (NPPF). |
| Before the first use of the development hereby permitted, details of renewable and/or low carbon energy generation measures shall be submitted to and approved in writing by the Local Planning Authority. The measures shall contribute to at least 10% of the predicted energy requirements of the development. The details to be submitted shall include:-
- the overall predicted energy requirements of the approved development;
- the predicted energy generation from the proposed renewable/low carbon energy measures; and
- an implementation timetable for the proposed measures.
The development shall be carried out in accordance with the approved details.
Reason - To ensure the development supports the delivery of low carbon/renewable energy and safeguards natural resources in accordance with policy SWDP27 of the South Worcestershire Development Plan and the aims and objectives of the National Planning Policy Framework (NPPF). |
| Prior to the development hereby permitted first being occupied, cycle parking facilities for 3 cycles conforming to parking standards set out within Worcestershire's Streetscape Design Guide shall be implemented and shall not thereafter be used for any other purpose.
Reason: In the interests of providing adequate cycle parking provision within the curtilage of the dwelling house in accordance with SWDP4 & SWDP21 and the aims and objectives of the National Planning Policy Framework (NPPF). |
| The Development hereby approved shall not be first occupied until the existing vehicular/ pedestrian access shall be permanently closed in accordance with details that shall have been submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure conformity with summited details in accordance with SWDP4 & SWDP21 and the aims and objectives of the National Planning Policy Framework (NPPF).
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| The Development hereby approved shall not be first occupied until the first 5m of the access into the development, measured from the edge of the carriageway, has been surfaced in a bound material.
Reason: In the interests of highway safety in accordance with SWDP4 & SWDP21 and the aims and objectives of the National Planning Policy Framework (NPPF). |
| The Development hereby approved shall not be first occupied until the access, parking and turning facilities have been provided as shown on Drawing Number 4411_004.
Reason: To ensure conformity with summited details in the interests of highway safety and in accordance with SWDP4 & SWDP21 and the aims and objectives of the National Planning Policy Framework (NPPF).
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| In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. The applicant is advised to immediately seek the advice of an independent geo-environmental consultant experienced in contaminated land risk assessment, including intrusive investigations and remediation.
No further works should be undertaken in the areas of suspected contamination, other than that work required to be carried out as part of an approved remediation scheme, unless otherwise agreed by the Local Planning Authority, until requirements 1 to 4 below have been complied with:
1. Detailed site investigation and risk assessment must be undertaken by competent persons in accordance with the Environment Agency’s ‘Land Contamination: Risk Management’ guidance and a written report of the findings produced. The risk assessment must be designed to assess the nature and extent of suspected contamination and approved by the Local Planning Authority prior to any further development taking place.
2. Where identified as necessary, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors must be prepared and is subject to the approval of the Local Planning Authority in advance of undertaking. The remediation scheme must ensure that the site will not qualify as Contaminated Land under Part 2A Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
3. The approved remediation scheme must be carried out in accordance with its terms prior to the re-commencement of any site works in the areas of suspected contamination, other than that work required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.
4. Following completion of measures identified in the approved remediation scheme a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval of the Local Planning Authority prior to the occupation of any buildings on site.
Reason: To ensure that the risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property, and ecosystems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in line with policy SWDP31 of the South Worcestershire Development Plan (2016) and the relevant aims and objectives of the National Planning Policy Framework.
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| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- providing pre-application advice;
- seeking further information following receipt of the application;
- seeking amendments to the proposed development following receipt of the application;
- considering the imposition of conditions and or the completion of a s.106 legal agreement.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. |
| Before the first use/occupation of the development hereby permitted a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include:-
(i) a plan(s) showing 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.
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 Planand the relevant aims and objectives of the National Planning Policy Framework. |
| This permission does not authorise the Applicant to carry out works within the publicly maintained highway since such works can only be carried out by the County Council’s Approved Contractor, Ringway Infrastructure Service who can be contacted by email worcestershirevehicle.crossing@ringway.co.uk. The Applicant is solely responsible for all costs associated with construction of the access. |
| The granting of this planning permission does not remove any obligations on the applicant to undertake a technical design check of the proposed highway improvement works with the Highway Authority (Worcestershire County Council, WCC), nor does it confirm detailed design approval by the Highway Authority until the design check process has been concluded. Upon the satisfactory completion of the technical check the design would be suitable to allow relevant conditions imposed under this permission to be discharged but works to the public highway cannot take place until a legal agreement under Section 278 of the Highways Act 1980 has been entered into to allow the works and the applicant has complied with the requirements of the New Roads and Streetworks Act 1991 (NRSWA) and Traffic Management Act 2004. The person or organisation shall follow the necessary procedure by applying to WCC Streetworks Team for road space for a period to be agreed.
WCC normally use Section 278 to allow the developer to employ a contractor and for that contractor to work on the existing public highway in the same way as if WCC were conducting the works.
When any work is undertaken by a party acting on behalf of a developer on the existing adopted highway it will also be necessary to electronically provide notices to WCC (start date, location, workspace area) to allow these works to take place in accordance with NRSWA. Also, details regarding temporary traffic management controls for works in the public highway are to be submitted to WCC for approval using the online application process.
The applicant is urged to engage with WCC 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 term “highway improvement works” includes, but is not limited to, a proposed junction or access arrangement, highway drainage, street lighting, structures in or adjacent to highway, and any necessary traffic regulation orders or statutory notice. |
| 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.
Subject to Paragraph 14(2) of Schedule 7A TCPA 1990 The biodiversity gain plan must include:
(a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;
(b) the pre-development biodiversity value of the onsite habitat;
(c) the post-development biodiversity value of the onsite habitat;
Advice about how to prepare a Biodiversity Gain Plan and a template can be found at https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan
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| The applicants attention is drawn to the existence of an agreement made under Section 106 of the Town and Country Planning Act 1990 (as amended), and the restrictions imposed therein. |
