| 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 -
Block Plan and Elevations, Drawing 01 (Received 20/09/2022)
Blocks B and C Plan and Elevations Drawing 02 (Received 20/09/2022)
Location plan Drawing 03 (Received 20/09/2022)
Site Plan Drawing 04 (Received 20/09/2022)
Drawing 02 Rev A Location Plan (Received 03/04/2024)
Drawing 03 Rev B Location Plan (Received 03/04/2024)
Drawing 04 Rev A Site Plan (Received 03/04/2024)
Design and Access Statement, Flood Risk Assessment, Desktop Study (Received 20/09/203) Revised Transport details (Received 19/12/2023)
Reason: To define the permission in accordance with Policy SWDP1 and SWDP2 of the South Worcestershire Development Plan and the National Planning Policy Framework. |
| The premises shall be used for Use Class B8 (storage or distribution use) and/ or Use Class E(g) (i), (ii) or (iii) uses only and for no other purpose, including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.
Reason: On the basis of the application submission, having regard to highway safety, ensuring suitable land uses occur on the site in the interests of sustainability, the economic aims and objectives of the Local Plan, including its retail hierarchy, and to ensure the amenities of the locality is in accordance with policy SWDP1, SWDP2, SWDP3, SWDP4, and SWDP8, SWDP9, SWDP10, SWDP12, and SWDP21 of the South Worcestershire Development Plan (2016) and the relevant aims and objectives of the National Planning Policy Framework.
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| Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with the Development to which this permission relates with Alder Mill drawing 562/222/04 Site Plan.
Reason: In the interests of safe and suitable access for all users, adequate vehicle parking and vehicle turning areas and policy SWDP21 of the South Worcestershire Development Plan.
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| The Development hereby approved shall not be brought into use until the existing access at Broadway Lane (south) has been stopped up and its use permanently abandoned concurrently with the provision of the new access, in accordance with details which shall first be submitted to and approved by the Local Planning Authority (in consultation with the Local Highway Authority).
Reason: In the interests of safe and suitable access and highway safety in accordance with policy SWDP21 of the South Worcestershire Development Plan.
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| 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, must not commence until conditions 1 to 5 have been complied with:
a. A preliminary risk assessment (a Phase I desk study) 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 the Environment Agency's "Land Contamination: Risk Management" guidance.
b. The detailed site investigation and risk assessment must be undertaken in accordance with the approved Scheme and a written report of the findings produced. This report must be approved by the Local Planning Authority prior to any development taking place.
c. Where the site investigation identified remediation is required, 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.
d. 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.
e. 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.
f. 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, and to ensure that the proposed development also avoids significant adverse impacts from pollution in accordance with policy SWDP31 of the South Worcestershire Development Plan and the aims and objectives of the National Planning Policy Framework, specifically Paragraphs 189, 190, and 191.
(Pre-commencement conditions for contaminated land risk assessment are considered necessary for the following reasons:
• There is potential for contamination to exist on the site. The degree and extent of contamination is currently unknown. More information relating to ground conditions is required to determine whether or not remediation will be required (prior to any construction work commencing).
• Where remediation is necessary, this remediation may involve work/techniques that need to be completed before any development is commenced, for example the removal from site of contaminated soils/underground structures, the design and incorporation of gas protection measures in any buildings etc. To carry out such work after construction has started/been completed, may require potentially expensive retro-fitting and in some cases the demolition of construction work already completed).
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| Before the development hereby permitted is first occupied/used, details of any external lighting to be provided in association with the development shall be submitted to and approved in writing by the Local Planning Authority. The details shall include times when the external lighting will not be switched on. Only external lighting in accordance with approved details shall be provided on the application site. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), there shall be no other external lighting provided on the application site.
Reason - To (i) ensure the proposed development does not have an adverse effect on the character and appearance of the area and the amenity of neighbouring properties in accordance with policies SWDP1, SWDP21 and SWDP25 of the South Worcestershire Development Plan, and (ii) 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. |
| 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 18.00 Monday to Friday and 08.00 and 13.00 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 accordance with Policy SWDP21 of the South Worcestershire Development Plan. |
| There shall be no open storage of materials or equipment 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 SWDP21 and SWDP25 of the South Worcestershire Development Plan. |
| Deliveries to, and collections from, the development shall not be made outside the following hours:-
0800 to 1800 Monday to Friday and 0800 to 1300 on Saturdays.
In addition, the site shall not be open to visiting members of the public.
Reason - To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health in accordance with policies SWDP21 and SWDP31 of the South Worcestershire Development Plan. |
| If you have any further queries regarding contamination or information of the application requiring comment by the Land and Air Quality Team, please do not hesitate to contact us via enquiries@worcsregservices.gov.uk or 01905 822799 quoting the above reference number. |
