Application Number 21/01336/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    25/05/2021
  • Consultation
    End
    02/12/2021
  • Committee
    Meeting
    31/03/2022
  • Decision

    Approval
  • Decision
    Date
    06/04/2022
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number 21/01336/FUL
Location Address Springfield Worcester Road Low Hill Kidderminster DY11 7RT
Proposal Change of use from disused plant nursery to provide 4 no. Gypsy/Traveller Pitches
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 25/05/2021
Application Valid Date 25/05/2021
Consultation Start Date 09/09/2021
Site Visited / Site Notice Date 25/06/2021
Consultation End 02/12/2021
Advert Expiry
Committee Date (if applicable) 31/03/2022
Committee Agenda Planning Committee Information
Decision Date 06/04/2022

Further Information
Expected Decision Level Committee
Case Officer Les Greenwood
Parish Hartlebury
Ward Hartlebury Ward
Applicant Mr W Toogood
Agent Mr Trevor Mennell, Trevor Mennell Planning
Agent Address The Gables Kendricks Bank Bayston Hill Shrewsbury SY3 0EH

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 provided on the application form and the following plans: Location plan; 71297-1001B; 71297-1002A; 71297-1003; and 71297-1004. Reason: To define the permission.
The use hereby permitted shall be carried on only by the following and their resident dependants: Pitch 1: William Toogood and Georgina Price; Pitch 2: Edward Smith and Mary Smith; Pitch 3: Tony Clee and Rita Clee; Pitch 4: Henry Toogood and Bonnilee Toogood, and shall be for a limited period being the period of five years from the date of this decision, or the period during which the premises are occupied by them, whichever is the shorter. Reason: This personal and temporary permission is granted based on the personal circumstances of these families for development that is considered to be inappropriate in the Green Belt so that a permanent development would conflict with Green Belt policies set out in South Worcestershire Development Plan Policy SWDP2, the National Planning Policy Framework and the Planning Policy for Traveller Sites.
When the premises cease to be occupied by those named in condition 3 above, or at the end of five years, whichever shall first occur, the use hereby permitted shall cease and all caravans, buildings, structures, materials and equipment brought onto, or erected on the land, or works undertaken to it in connection with the use, shall be removed and the land restored to its condition before the development took place. Reason: To ensure reinstatement of the land following the expiry of this permission in the interest of local character and appearance and the openness of the Green Belt, in line with South Worcestershire Development Plan policies SWDP2, SWDP21 and SWDP25 and the National Planning Policy Framework.
There shall be no more than four pitches on the site. Each pitch shall comprise no more than two caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, stationed on the site at any time (of which no more than one shall be a static caravan). Reason: This limited permission is granted based on the personal circumstances of these families for development that is considered to be inappropriate in the Green Belt so that a larger scale development would conflict with Green Belt policies set out in South Worcestershire Development Plan Policy SWDP2, the National Planning Policy Framework and the Planning Policy for Traveller Sites.
No commercial or industrial activities, including storage of vehicles, equipment and materials, shall take place on the land, and no vehicles above 3.5 tons in weight shall be parked on the site. Reason: To protect local amenity, character and appearance, in line with South Worcestershire Development Plan policies SWDP2, SWDP21 and SWDP25.
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 South Worcestershire Development Plan policy SWDP31.
Before the first 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; and (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 of the development, whichever is the sooner. The planting shall be maintained in accordance with the approved schedule of maintenance. Any trees or plants which, within a period of five years from the completion of the planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan.
Before the first occupation of the development hereby permitted hard landscaping of the site (hard surfacing areas and site enclosures including acoustic fencing on the north-eastern boundary) shall be installed in accordance with details and specifications first submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping shall be retained thereafter. 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, to ensure a satisfactory noise climate within the site, and to help provide sustainable drainage, in accordance with policies SWDP21, SWDP25, SWDP28 and SWDP29 of the South Worcestershire Development Plan.
The development hereby permitted shall not be occupied until foul and surface water drainage systems to serve the development have been installed in accordance with details first submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be retained thereafter. Reason: To ensure development would not result in unacceptable risk of pollution or harm to the environment and 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, SWDP29 and SWDP 30 of the South Worcestershire Development Plan.
The development hereby approved shall not be occupied until the access, turning and parking facilities shown on drawing 71297-1001B have been provided. These areas shall thereafter be retained and kept available for their respective approved uses at all times. Reason: In the interest of highway safety and to ensure the free flow of traffic using the adjoining highway.
The development hereby approved shall not be occupied until the first 5 metres of the access into the development, measured from the edge of the carriageway, has been surfaced in a bound material. Reason: In the interest of highway safety.
The development hereby approved shall not be occupied unless and until visibility splays are provided from a point 0.6m above carriageway level at the centre of the access to the application site and 2.4 metres back from the near side edge of the adjoining carriageway, (measured perpendicularly), for a distance of 82 metres in each direction measured along the nearside edge of the adjoining carriageway and offset a distance of 0.6m from the edge of the carriageway. Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above. Reason: In the interest of highway safety.
Any gates provided at the site access shall be set back at least 8 metres from the adjoining carriageway edge and shall open inwards only. Reason: In the interest of highway safety.
No caravan shall at any time be sited or parked within the 14 metre exclusion zone next to the gas pipeline as marked on approved block plan 71297-1001B. Reason: In the interest of public safety.
16. No site clearance measures shall take place other than in accordance with details of precautionary measures for the protection of wildlife during the clearance of vegetation which have first been submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of protecting biodiversity in accordance with policy SWDP22 of the South Worcestershire Development Plan and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways: -seeking further information following receipt of the application: - seeking amendments to the proposed development following receipt of the application; - considering the imposition of conditions. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
This permission does not authorise the 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.
Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway. No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Neighbour and Other Response
Statutory Consultee Response
Committee Documents
Decision
System Generated Letter

Consultation Responses

Neighbour List


In addition to consultations with the consultee listed, we will publicise the application in accordance with national requirements and our local policy. This publicity usually takes the form of letters to nearby properties, the posting of site notices and/or the placing of a public notice in our local newspapers.


Name Address Sent Reply Received
Graham Smith Thislands Worcester Road Low Hill KIDDERMINSTER DY11 7RL 14/07/2021
Graham Smith Thislands Worcester Road Low Hill KIDDERMINSTER DY11 7RL 05/08/2021
Holland Crestlands Worcester Road Low Hill KIDDERMINSTER DY11 7RL 15/07/2021
James Johnson Carpenters Cottage Torton Lane Torton Hartlebury KIDDERMINSTER DY10 4HX 11/07/2021
Occupier 5 Torton Villas Worcester Road Low Hill KIDDERMINSTER DY11 7RT 14/06/2021
Occupier 6 Torton Villas Worcester Road Low Hill KIDDERMINSTER DY11 7RT 14/06/2021
Occupier Caravan 1 Torton Orchards Worcester Road Low Hill DY11 7RT 14/06/2021
Occupier Caravan 2 Torton Orchards Worcester Road Low Hill DY11 7RT 14/06/2021
Occupier Caravan At 6 Torton Villas Worcester Road Low Hill KIDDERMINSTER DY11 7RT 14/06/2021
Occupier Mobile Home 1 6 Torton Villas Worcester Road Low Hill KIDDERMINSTER DY11 7RT 14/06/2021
Occupier Mobile Home 2 6 Torton Villas Worcester Road Low Hill KIDDERMINSTER DY11 7RT 14/06/2021
Occupier Torton Orchards Worcester Road Low Hill DY11 7RT 14/06/2021

Consultee List


Name Organisation Sent Reply Due Reply Received
Aidan Smyth WDC Archaeology & Planning Advisor 14/06/2021 05/07/2021 18/06/2021
Cadent (National Transmission System) Cadent (National Transmission System) 14/06/2021 05/07/2021
Cllr Stephen Bateman Hartlebury Ward 14/06/2021 05/07/2021
Denise Duggan Policy Plans - Gypsy & Traveller 14/06/2021 05/07/2021
Drainage Engineer Engineers 14/06/2021 05/07/2021 18/06/2021
Highways County Highways 14/06/2021 05/07/2021 05/07/2021
Lesley Cleaver Hartlebury Parish Council 14/06/2021 05/07/2021 26/06/2021
Network Rail (Western Region) Network Rail (Western Region) 14/06/2021 05/07/2021
Worcestershire Regulatory Services - Cont. Land Worcestershire Regulatory Services 14/06/2021 05/07/2021 22/06/2021
Worcestershire Regulatory Services - Licensing Worcestershire Regulatory Services 14/06/2021 05/07/2021
HSE Hazardous Substances Consents HSE, Hazardous Substances Consents 17/06/2021 08/07/2021
Head of Planning Wyre Forest District Council 23/06/2021 14/07/2021
Mrs S Hiscock Natural Heritage Officer 23/06/2021 14/07/2021
Cadent (National Transmission System) Cadent (National Transmission System) 09/09/2021 30/09/2021
HSE Hazardous Substances Consents HSE, Hazardous Substances Consents 09/09/2021 30/09/2021
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 09/09/2021 30/09/2021 10/09/2021
Cadent (National Transmission System) Cadent (National Transmission System) 18/11/2021 02/12/2021
Lesley Cleaver Hartlebury Parish Council 23/03/2022

Constraints List


Constraints List
Enforcement Notice: ENF/19/0576
Major Aquifer
Paper: Droitwich Advertiser - Thursday
Paper: Kidderminster Shuttle - Thursday
CIL008 - Non-Urban Area
Landfill Consultation
Green Belt
Outside SWDP Development Boundary
Source Protection Zone 3
Surface Water: Medium 1 in 100 extent
Surface Water: Low 1 in 1000 extent
Wind Turbines
SWDP 15: Designated Rural Areas
SWDP 2: Greenbelt
SWDP 5: Protect and Enhance
PD Rights Removed may apply: W/01/00312/PP - 6 Torton Villas, Worcester Road, Low Hill, Kidderminster, Worcestershire, DY117RT
No associated appeals