| Condition Details / Information Notes |
| FENCING
If not already in place, the Developer/applicant must provide at their expense a suitable trespass proof fence (of at least 1.8m in height) adjacent to Network Rail’s boundary and make provision for its future maintenance and renewal without encroachment upon Network Rail land. Network Rail’s existing fencing / wall must not be removed or damaged and at no point either during construction or after works are completed on site should the foundations of the fencing or wall or any embankment therein be damaged, undermined or compromised in any way. Any vegetation on Network Rail land and within Network Rail’s boundary must also not be disturbed.
DRAINAGE
Soakaways / attenuation ponds / septic tanks etc, as a means of storm/surface water disposal must not be constructed near/within 5 metres of Network Rail’s boundary or at any point which could adversely affect the stability of Network Rail’s property/infrastructure. Storm/surface water must not be discharged onto Network Rail’s property or into Network Rail’s culverts or drains. Network Rail’s drainage system(s) are not to be compromised by any work(s). Suitable drainage or other works must be provided and maintained by the Developer to prevent surface water flows or run-off onto Network Rail’s property / infrastructure. Ground levels – if altered, to be such that water flows away from the railway. Drainage is not to show up on Buried service checks.
ENCROACHMENT
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 and its infrastructure or undermine or damage or adversely affect any railway land or 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 and soil. Any future maintenance must be conducted solely within the applicant’s land ownership. Should the applicant require access to Network Rail land then they must seek approval from Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or air-space is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal.
GROUND LEVELS
Network Rail needs to be consulted on any alterations to ground levels. No excavations should be carried out near railway embankments, retaining walls or bridges.
FOUNDATIONS
Network Rail offers no right of support to the development. Where foundation works penetrate Network Rail’s support zone or ground displacement techniques are used the works will require specific approval and careful monitoring by Network Rail. There should be no additional loading placed on the cutting and no deep continuous excavations parallel to the boundary without prior approval.
GROUND DISTURBANCE
The works involve disturbing the ground on or adjacent to Network Rail’s land it is likely/possible that the Network Rail and the utility companies have buried services in the area in which there is a need to excavate. Network Rail’s ground disturbance regulations applies. The developer should seek specific advice from Network Rail on any significant raising or lowering of the levels of the site.
SITE LAYOUT
It is recommended that all buildings be situated at least 2 metres from the boundary fence, to allow construction and any future maintenance work to be carried out without involving entry onto Network Rail's infrastructure. Where trees exist on Network Rail land the design of foundations close to the boundary must take into account the effects of root penetration in accordance with the Building Research Establishment’s guidelines.
PILING
Where vibro-compaction/displacement piling plant is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of Network Rail’s Asset Protection Engineer prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement.
EXCAVATIONS/EARTHWORKS
All excavations / earthworks carried out in the vicinity of Network Rail’s property / structures must be designed and executed such that no interference with the integrity of that property / structure can occur. If temporary compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker’s boundary fence should be submitted for approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Engineer should be undertaken.
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| DEMOLITION
The demolition works on site must be carried out so that they do not endanger the safe operation of the railway, or the stability of the adjoining Network Rail structures and land. The demolition of the existing building, due to its close proximity to the Network Rail boundary, must be carried out in accordance with an agreed method statement. Approval of the method statement must be obtained from the Network Rail Asset Protection Engineer before the development and any demolition works on site can commence.
The applicant is strongly recommended to employ companies to demolish buildings/structures belonging to the National Federation of Demolition Contractors. This will ensure that all demolition works are carried out to professional standards and the company itself will also include liability insurance as part of its service.
PLANT, SCAFFOLDING AND CRANES
Any scaffold which is to be constructed adjacent to the railway must be erected in such a manner that, at no time will any poles or cranes over-sail or fall onto the railway. All plant and scaffolding must be positioned, that in the event of failure, it will not fall on to Network Rail land.
ENVIRONMENTAL ISSUES
The design and siting of buildings should take into account the possible effects of noise and vibration and the generation of airborne dust resulting from the operation of the railway.
LANDSCAPING
Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. We would wish to be involved in the approval of any landscaping scheme adjacent to the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be known and approved to ensure it does not impact upon the railway infrastructure. Any hedge planted adjacent to Network Rail’s boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fence. Lists of trees that are permitted and those that are not are provided below and these should be added to any tree planting conditions:
Permitted:
Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees – Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash – Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat “Zebrina”
Not Permitted:
Alder (Alnus Glutinosa), Aspen – Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore – Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Hispanica).
LIGHTING
Any lighting associated with the development (including vehicle lights) must not interfere with the sighting of signalling apparatus and/or train drivers’ vision on approaching trains. The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway.
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| The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. |
| 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 –
SK03 Rev A Proposed Access Arrangement
9810 PL07 Proposed Parking Plan
9810 PL12 Site Sections
9810 PL15 Proposed Street Elevations
9810 PL20 Holt House Type
9810 PL21 Dalby House Type
9810 PL22 Weston House Type
9810 PL23 Thetford House Type
9810 PL24 Rev A Bedgebury House Type
9810 PL30 Maisonettes
9810 PL31 Bin and Cycle Store
9638 L 01 Rev B Strategic Landscape Proposals
20190-RLL-20-XX-DR- C-100A Vehicle Tracking
20190-RLL-20-XX-DR- C-101D Visibility Plan
20190-RLL-20-XX-DR- C-200A Levels and Drainage
9810 PL01 Site Location Plan
9810 PL03 Rev C Proposed Site Plan
9810 PL04 Rev A Proposed Boundaries Plan
9810 PL05 Rev A Proposed Materials Plan
9810 PL06 Proposed Heights Plan
9638-L-02B POS Landscape Proposals
9638-L-03-04B On Plot Landscape Proposals.
Reason: To define the permission. |
| All glazing and external wall fabrics installed in the development shall be in accordance with the recommendations set out in the 'Acoustic Design Statement for Ilke Homes - Site at Green Gables Evesham' prepared by Hodkinson Consultancy dated 23.07.2020.
Reason: In the interests of minimising noise from external sources within the development. |
| All construction work shall be carried out in accordance with the submitted Ilke Homes Construction Environment Management Plan (CEMP) by Hodkinson dated November 2020. 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 the locations set out in the approved CEMP.
Reason: To protect existing and new occupiers of residential areas from the unreasonable effects of noise, vibration, light and dust nuisance, to avoid and mitigate for any potential impact on protected species and minimise the risk of accidents, in accordance with Policies SWDP4, 21 and 22 of the South Worcestershire Development Plan. |
| Before the first occupation of the development hereby permitted the close board acoustic fence along the northern boundary of the site shall be completed in accordance with the details shown on drawing no. 9810 PL04 A Proposed Boundaries Plan. The boundary treatments relating to each plot shall be completed in accordance with drawing no. 9810 PL04 A Proposed Boundaries Plan prior to the first occupation of that plot. Reason - To protect the amenities of properties and 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.. |
| 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 and the demolition of the existing buildings, must not commence until conditions 1 to 5 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 DEFRA and the Environment Agency's "Model Procedures for the Management of Contaminated Land, CLR11"
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 DEFRA and the Environment Agency's "Model Procedures for the Management of Contaminated Land, CLR11"
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.
6. 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 |
| Demolition, clearance or construction work and deliveries to and from the site 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 demolition, clearance or construction work or deliveries to and from the site on Sundays or Bank Holidays.
Reason - To preserve the amenities of the locality in accord with Policy SWDP21 of the South Worcestershire Development Plan. |
| 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. |
| No building hereby permitted shall be occupied until details of the design, implementation, maintenance and management of foul water drainage works have been submitted to and approved in writing by the local planning authority. The development shall be carried out, and the drainage maintained/managed, in accordance with the approved details.
Reason: To ensure development would not result in unacceptable risk of pollution or harm to the environment in accordance with policy SWDP30 of the South Worcestershire Development Plan. |
| Before the first occupation 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. |
| Notwithstanding the details shown on the approved plans, details of the public open space/play area hereby approved shall be submitted to and approved in writing by the Local Planning Authority before the first occupation of the development hereby permitted. The details to be submitted/approved shall include a implementation timetable for the delivery of the public open space/play area. The development shall be carried out in accordance with the approved details/timetable.
Reason: To ensure the development incorporates adequate green infrastructure and outdoor recreation space in accordance with policies SWDP5 and SWDP39 of the South Worcestershire Development Plan. |
| The construction work on the buildings hereby approved shall not be commenced until the precise floor slab levels of each new building, relative to the existing development on the boundary of the application site have been submitted to and approved in writing by the local planning authority. Thereafter the new buildings shall be constructed at the approved floor slab levels.
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. |
| All planting and seeding/turfing comprised in the submitted landscape scheme (drawing ref. 9638-L-02B POS Landscape Proposals and 9638-L-03-04B On Plot Landscape Proposals), hereby approved, shall be carried out in the first planting season following the first occupation of the development.
All planting shall be watered as necessary and competitive weed growth controlled to ensure successful establishment.
Any trees or plants that die, or are removed; or become seriously damaged or diseased within a period of five years from the completion of the planting, 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 2016. |
| Before the first use/occupation of the development hereby permitted a schedule of landscape maintenance for perpetuity has been submitted to and approved in writing by the local planning authority. The schedule shall include details of the arrangements for its implementation, long-term design objectives, management responsibilities and maintenance schedules for all landscape areas (excluding domestic gardens). The approved landscape maintenance schedule shall be fully implemented.
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 to ensure that 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 |
| 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 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. |
| The development shall be carried out in strict accordance with the ecological mitigation and enhancement scheme ref. Ecological Mitigation and Enhancement Report Rev A by FPCR dated December 2020 and drawing no. PL09 B Ecological Enhancement Plan.
On completion of works the development shall be inspected by a qualified ecologist and a statement of conformity and a copy of any bat licences, as appropriate, shall be submitted to the Local Planning Authority to confirm whether all of the 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.
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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 a lighting contour plan to allow the impacts on bat foraging and commuting routes to be assessed and 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.
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. and 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. |
| The development shall be carried out in strict accordance with the construction environmental management plan (CEMP) for Biodiversity, ref. Land at Green Gables, Evesham, Construction Environmental Management Plan Final by Hodkinson November 2020 (issued 9 December 2020) and Dwg no. PL10 Tree Protection Fencing Plan.
Reason: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 and SWDP policy 22.
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| The development shall be carried out in strict accordance with the approved landscape and ecological management plan (LEMP) by FPCR dated January 2021 (rev. A).
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 SWDP 22.
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| Prior to the first occupation of any dwelling hereby approved secure parking for cycles to comply with the Council’s standards shall be provided within the curtilage of each dwelling and these facilities shall thereafter be retained for the parking of cycles only.
Reason - To comply with the Council’s parking standards
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| Appropriate cabling and an outside electrical socket shall be provided to each property to enable ease of installation of an electric vehicle charging point (houses with dedicated parking). The charging point must comply with BS7671. The socket should comply with BS1363, and must be provided with a locking weatherproof cover if located externally to the building.
For developments with unallocated parking i.e. flats/apartments 1 EV charging point per 10 spaces (as a minimum) should be provided by the developer to be operational on first occupation of those units to which they relate. The charging point must comply with BS EN 62196 Mode 3 or 4 charging and BS EN 61851. As a minimum, charge points should comply with Worcestershire County Council Design Guide which requires 7kw charging points for residential developments.
Reason:
NPPF Paragraphs 105 and 110 of the NPPF state; ’If setting local parking standards for residential and non-residential development, policies should take into account the need to ensure an adequate provision of spaces for charging plug-in and other ultra-low emission vehicles’ and ‘Applications for development should be designed to enable charging of plug-in and other ultra-low emission vehicles in safe, accessible and convenient locations.’ |
| Details shall be submitted to and approved by the local planning authority prior to the first occupation of the development for the installation of Ultra-Low NOx boilers with maximum NOx Emissions less than 40 mg/kWh. The details as approved shall be implemented prior to the first occupation of the development and shall thereafter be permanently retained.
Reason:
In the interests of the living conditions of occupiers of nearby properties and future occupiers of the site. |
| Prior to the first occupation of any dwelling to which this permission relates, an area for car parking shall be laid out within the curtilage of that property in accordance with the approved plans and this area shall be properly consolidated, surfaced and drained in accordance with details to be submitted to and approved in writing by the Local Planning Authority. This area shall not thereafter be used for any other purpose than the parking of vehicles.
Reason - In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.
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| The development shall not be occupied until the roadworks necessary to provide access from the nearest publicly maintained highway have been completed in accordance with details submitted to and approved in writing by the Local Planning Authority.
Reason - To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied.
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| All roadworks shall be completed within a period of two years or other period agreed in writing from the commencement of work on the site, or within six calendar months of the substantial completion of 75% of the dwellings hereby approved if this is sooner. This will entail the making good of surfacing, grassing and landscaping in accordance with a specification submitted to and approved in writing by the Local Planning Authority. (Nothing in this condition shall conflict with any phasing scheme, in which respect it will be interpreted as applying to the particular phase being implemented).
Reason - In the interests of highway safety and convenience and a well co-ordinated development.
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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. |
| FENCING
If not already in place, the Developer/applicant must provide at their expense a suitable trespass proof fence (of at least 1.8m in height) adjacent to Network Rail’s boundary and make provision for its future maintenance and renewal without encroachment upon Network Rail land. Network Rail’s existing fencing / wall must not be removed or damaged and at no point either during construction or after works are completed on site should the foundations of the fencing or wall or any embankment therein be damaged, undermined or compromised in any way. Any vegetation on Network Rail land and within Network Rail’s boundary must also not be disturbed.
DRAINAGE
Soakaways / attenuation ponds / septic tanks etc, as a means of storm/surface water disposal must not be constructed near/within 5 metres of Network Rail’s boundary or at any point which could adversely affect the stability of Network Rail’s property/infrastructure. Storm/surface water must not be discharged onto Network Rail’s property or into Network Rail’s culverts or drains. Network Rail’s drainage system(s) are not to be compromised by any work(s). Suitable drainage or other works must be provided and maintained by the Developer to prevent surface water flows or run-off onto Network Rail’s property / infrastructure. Ground levels – if altered, to be such that water flows away from the railway. Drainage is not to show up on Buried service checks.
ENCROACHMENT
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 and its infrastructure or undermine or damage or adversely affect any railway land or 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 and soil. Any future maintenance must be conducted solely within the applicant’s land ownership. Should the applicant require access to Network Rail land then they must seek approval from Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or air-space is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal.
GROUND LEVELS
Network Rail needs to be consulted on any alterations to ground levels. No excavations should be carried out near railway embankments, retaining walls or bridges.
FOUNDATIONS
Network Rail offers no right of support to the development. Where foundation works penetrate Network Rail’s support zone or ground displacement techniques are used the works will require specific approval and careful monitoring by Network Rail. There should be no additional loading placed on the cutting and no deep continuous excavations parallel to the boundary without prior approval.
GROUND DISTURBANCE
The works involve disturbing the ground on or adjacent to Network Rail’s land it is likely/possible that the Network Rail and the utility companies have buried services in the area in which there is a need to excavate. Network Rail’s ground disturbance regulations applies. The developer should seek specific advice from Network Rail on any significant raising or lowering of the levels of the site.
SITE LAYOUT
It is recommended that all buildings be situated at least 2 metres from the boundary fence, to allow construction and any future maintenance work to be carried out without involving entry onto Network Rail's infrastructure. Where trees exist on Network Rail land the design of foundations close to the boundary must take into account the effects of root penetration in accordance with the Building Research Establishment’s guidelines.
PILING
Where vibro-compaction/displacement piling plant is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of Network Rail’s Asset Protection Engineer prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement.
EXCAVATIONS/EARTHWORKS
All excavations / earthworks carried out in the vicinity of Network Rail’s property / structures must be designed and executed such that no interference with the integrity of that property / structure can occur. If temporary compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker’s boundary fence should be submitted for approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Engineer should be undertaken.
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| DEMOLITION
The demolition works on site must be carried out so that they do not endanger the safe operation of the railway, or the stability of the adjoining Network Rail structures and land. The demolition of the existing building, due to its close proximity to the Network Rail boundary, must be carried out in accordance with an agreed method statement. Approval of the method statement must be obtained from the Network Rail Asset Protection Engineer before the development and any demolition works on site can commence.
The applicant is strongly recommended to employ companies to demolish buildings/structures belonging to the National Federation of Demolition Contractors. This will ensure that all demolition works are carried out to professional standards and the company itself will also include liability insurance as part of its service.
PLANT, SCAFFOLDING AND CRANES
Any scaffold which is to be constructed adjacent to the railway must be erected in such a manner that, at no time will any poles or cranes over-sail or fall onto the railway. All plant and scaffolding must be positioned, that in the event of failure, it will not fall on to Network Rail land.
ENVIRONMENTAL ISSUES
The design and siting of buildings should take into account the possible effects of noise and vibration and the generation of airborne dust resulting from the operation of the railway.
LANDSCAPING
Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. We would wish to be involved in the approval of any landscaping scheme adjacent to the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be known and approved to ensure it does not impact upon the railway infrastructure. Any hedge planted adjacent to Network Rail’s boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fence. Lists of trees that are permitted and those that are not are provided below and these should be added to any tree planting conditions:
Permitted:
Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees – Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash – Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat “Zebrina”
Not Permitted:
Alder (Alnus Glutinosa), Aspen – Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore – Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Hispanica).
LIGHTING
Any lighting associated with the development (including vehicle lights) must not interfere with the sighting of signalling apparatus and/or train drivers’ vision on approaching trains. The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway.
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| The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. |
| 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 –
SK03 Rev A Proposed Access Arrangement
9810 PL07 Proposed Parking Plan
9810 PL12 Site Sections
9810 PL15 Proposed Street Elevations
9810 PL20 Holt House Type
9810 PL21 Dalby House Type
9810 PL22 Weston House Type
9810 PL23 Thetford House Type
9810 PL24 Rev A Bedgebury House Type
9810 PL30 Maisonettes
9810 PL31 Bin and Cycle Store
9638 L 01 Rev B Strategic Landscape Proposals
20190-RLL-20-XX-DR- C-100A Vehicle Tracking
20190-RLL-20-XX-DR- C-101D Visibility Plan
20190-RLL-20-XX-DR- C-200A Levels and Drainage
9810 PL01 Site Location Plan
9810 PL03 Rev C Proposed Site Plan
9810 PL04 Rev A Proposed Boundaries Plan
9810 PL05 Rev A Proposed Materials Plan
9810 PL06 Proposed Heights Plan
9638-L-02B POS Landscape Proposals
9638-L-03-04B On Plot Landscape Proposals.
Reason: To define the permission. |
| All glazing and external wall fabrics installed in the development shall be in accordance with the recommendations set out in the 'Acoustic Design Statement for Ilke Homes - Site at Green Gables Evesham' prepared by Hodkinson Consultancy dated 23.07.2020.
Reason: In the interests of minimising noise from external sources within the development. |
| All construction work shall be carried out in accordance with the submitted Ilke Homes Construction Environment Management Plan (CEMP) by Hodkinson dated November 2020. 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 the locations set out in the approved CEMP.
Reason: To protect existing and new occupiers of residential areas from the unreasonable effects of noise, vibration, light and dust nuisance, to avoid and mitigate for any potential impact on protected species and minimise the risk of accidents, in accordance with Policies SWDP4, 21 and 22 of the South Worcestershire Development Plan. |
| Before the first occupation of the development hereby permitted the close board acoustic fence along the northern boundary of the site shall be completed in accordance with the details shown on drawing no. 9810 PL04 A Proposed Boundaries Plan. The boundary treatments relating to each plot shall be completed in accordance with drawing no. 9810 PL04 A Proposed Boundaries Plan prior to the first occupation of that plot. Reason - To protect the amenities of properties and 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.. |
| 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 and the demolition of the existing buildings, must not commence until conditions 1 to 5 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 DEFRA and the Environment Agency's "Model Procedures for the Management of Contaminated Land, CLR11"
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 DEFRA and the Environment Agency's "Model Procedures for the Management of Contaminated Land, CLR11"
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.
6. 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 |
| Demolition, clearance or construction work and deliveries to and from the site 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 demolition, clearance or construction work or deliveries to and from the site on Sundays or Bank Holidays.
Reason - To preserve the amenities of the locality in accord with Policy SWDP21 of the South Worcestershire Development Plan. |
| 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. |
| No building hereby permitted shall be occupied until details of the design, implementation, maintenance and management of foul water drainage works have been submitted to and approved in writing by the local planning authority. The development shall be carried out, and the drainage maintained/managed, in accordance with the approved details.
Reason: To ensure development would not result in unacceptable risk of pollution or harm to the environment in accordance with policy SWDP30 of the South Worcestershire Development Plan. |
| Before the first occupation 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. |
| Notwithstanding the details shown on the approved plans, details of the public open space/play area hereby approved shall be submitted to and approved in writing by the Local Planning Authority before the first occupation of the development hereby permitted. The details to be submitted/approved shall include a implementation timetable for the delivery of the public open space/play area. The development shall be carried out in accordance with the approved details/timetable.
Reason: To ensure the development incorporates adequate green infrastructure and outdoor recreation space in accordance with policies SWDP5 and SWDP39 of the South Worcestershire Development Plan. |
| The construction work on the buildings hereby approved shall not be commenced until the precise floor slab levels of each new building, relative to the existing development on the boundary of the application site have been submitted to and approved in writing by the local planning authority. Thereafter the new buildings shall be constructed at the approved floor slab levels.
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. |
| All planting and seeding/turfing comprised in the submitted landscape scheme (drawing ref. 9638-L-02B POS Landscape Proposals and 9638-L-03-04B On Plot Landscape Proposals), hereby approved, shall be carried out in the first planting season following the first occupation of the development.
All planting shall be watered as necessary and competitive weed growth controlled to ensure successful establishment.
Any trees or plants that die, or are removed; or become seriously damaged or diseased within a period of five years from the completion of the planting, 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 2016. |
| Before the first use/occupation of the development hereby permitted a schedule of landscape maintenance for perpetuity has been submitted to and approved in writing by the local planning authority. The schedule shall include details of the arrangements for its implementation, long-term design objectives, management responsibilities and maintenance schedules for all landscape areas (excluding domestic gardens). The approved landscape maintenance schedule shall be fully implemented.
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 to ensure that 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 |
| 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 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. |
| The development shall not be occupied until the trench evaluation, reporting of trenching results, and any archaeological mitigation fieldwork required as a result of the evaluation has been completed in accordance with the programme set out in the Written Scheme of Investigation approved as DOC:JAC26759 including amendments for mitigation 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 189 and 199 of the National Planning Policy Framework 2012 (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.
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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 a lighting contour plan to allow the impacts on bat foraging and commuting routes to be assessed and 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.
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. and 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. |
| Before the commencement of development hereby permitted an ecological mitigation and enhancement scheme shall be submitted to and approved in writing by the local planning authority. The scheme shall be based on the recommendations contained within the Preliminary Ecological Appraisal and Bat and Reptile Survey Reports by Smart Ecology dated 23 May 2019 and the letter from FPCR dated 23 November 2020. The works shall thereafter be carried out in accordance with the approved details and timetable.
On completion of works the development shall be inspected by a qualified ecologist and a statement of conformity and a copy of any bat licences, as appropriate, shall be submitted to the Local Planning Authority to confirm whether all of the 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. |
| No development shall take place (including any ground works, demolition or vegetation 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;
b. Identification of “biodiversity protection zones”, including tree 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 relating to specific habitat and protected species issues and based on up-to-date survey information);
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 strictly 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 2010 and SWDP policy 22.
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| Within one month of the commencement of the development hereby approved, a landscape and ecological management plan (LEMP) shall be submitted to and be approved in writing by the local planning authority. The content of the LEMP 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 longer term thereafter;
g. Details of the body or organisation responsible for implementation of the plan;
h. Ongoing 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 approved plan will be implemented in accordance with the approved scheme.
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 SWDP 22.
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| Prior to the first occupation of any dwelling hereby approved secure parking for cycles to comply with the Council’s standards shall be provided within the curtilage of each dwelling and these facilities shall thereafter be retained for the parking of cycles only.
Reason - To comply with the Council’s parking standards
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| Appropriate cabling and an outside electrical socket shall be provided to each property to enable ease of installation of an electric vehicle charging point (houses with dedicated parking). The charging point must comply with BS7671. The socket should comply with BS1363, and must be provided with a locking weatherproof cover if located externally to the building.
For developments with unallocated parking i.e. flats/apartments 1 EV charging point per 10 spaces (as a minimum) should be provided by the developer to be operational at commencement of development. The charging point must comply with BS EN 62196 Mode 3 or 4 charging and BS EN 61851. As a minimum, charge points should comply with Worcestershire County Council Design Guide which requires 7kw charging points for residential developments.
Reason:
NPPF Paragraphs 105 and 110 of the NPPF state; ’If setting local parking standards for residential and non-residential development, policies should take into account the need to ensure an adequate provision of spaces for charging plug-in and other ultra-low emission vehicles’ and ‘Applications for development should be designed to enable charging of plug-in and other ultra-low emission vehicles in safe, accessible and convenient locations.’ |
| Details shall be submitted to and approved by the local planning authority prior to the first occupation of the development for the installation of Ultra-Low NOx boilers with maximum NOx Emissions less than 40 mg/kWh. The details as approved shall be implemented prior to the first occupation of the development and shall thereafter be permanently retained.
Reason:
In the interests of the living conditions of occupiers of nearby properties and future occupiers of the site. |
| Prior to the first occupation of any dwelling to which this permission relates, an area for car parking shall be laid out within the curtilage of that property in accordance with the approved plans and this area shall be properly consolidated, surfaced and drained in accordance with details to be submitted to and approved in writing by the Local Planning Authority. This area shall not thereafter be used for any other purpose than the parking of vehicles.
Reason - In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.
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| The development shall not be occupied until the roadworks necessary to provide access from the nearest publicly maintained highway have been completed in accordance with details submitted to and approved in writing by the Local Planning Authority.
Reason - To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied.
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| All roadworks shall be completed within a period of two years or other period agreed in writing from the commencement of work on the site, or within six calendar months of the substantial completion of 75% of the dwellings hereby approved if this is sooner. This will entail the making good of surfacing, grassing and landscaping in accordance with a specification submitted to and approved in writing by the Local Planning Authority. (Nothing in this condition shall conflict with any phasing scheme, in which respect it will be interpreted as applying to the particular phase being implemented).
Reason - In the interests of highway safety and convenience and a well co-ordinated development.
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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. |
