| 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:
- Plan 01: Location Plan, Produced on 26th Jan 2024;
- Plan 02: Site Plan and Fence Profile, Produced on 26th Jan 2024;
- Plan 03: Visibility Splays, Produced on 26th Jan 2024;
- Planning Statement (including Water Management Statement and Assessment of Significance) by AddisonRees Planning Consultancy Ltd;
- Noise Management Plan.
Reason: To define the permission. |
| 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. |
| Before the development hereby permitted is first 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 ensure the proposed development does not have an adverse effect on the character and appearance of the area or on the functioning of the adjacent railway line, in accordance with policies SWDP1, SWDP21 and SWDP25 of South Worcestershire Development Plan.
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| The development hereby approved shall only be operated solely by the owners of and for the benefit of Perry Farm, Perry Lane, Toron, DY10 4HY and shall at no time be used or sold off separately.
Reason: The development has been submitted as a farm diversification scheme in accordance with Policy SWDP12 of the South Worcestershire Development Plan and has been approved on that basis. |
| The approved dog amenity area shall be operated in complete accordance with the measures outlined in the approved Noise Management Plan, in particular:
- Operational hours of 7am to 9pm daily;
- An online booking system operating on a 'one in, one out' basis;
- Operating a 'three-strikes' policy for dogs barking unreasonably;
- The provision of advisories on the online booking system regarding the generation of noise and the presence of neighbouring properties.
Reason:- To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to Policies SWDP21 and SWDP31 of the South Worcestershire Development Plan. |
| The Development hereby approved shall not be brought into use until the parking spaces and turning area shown on drawing 02 Site Plan and Fence Profile, received on 12th April 2024, have been provided. These areas shall thereafter be retained and kept available for their respective approved uses at all times.
REASON: In the interests of highway safety. |
| The Development hereby approved shall not be brought into use until the first
5.0 metres 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.
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| The Development hereby approved shall not be brought into use until the visibility splays shown on drawing 03 Visibility Splays have been provided. The splays shall at all times be maintained free of level obstruction exceeding a height of 0.6m above adjacent carriageway.
REASON: In the interests of highway safety.
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| The Development hereby approved shall not be brought into use until the proposed access gates have been set back 5.0 metres from the adjoining carriageway edge and are made to open inwards only.
REASON: In the interests of highway safety.
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| 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;
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. |
| The following obligations should be adhered to in respect of the adjacent Public Right of Way:
- A width of 3m is required when a footpath is bounded by side-by-side fencing;
- No disturbance of, or change to, the surface of the path or part thereof should be carried out without our written consent;
- No diminution in the width of the right of way available for use by the public. Building materials must not be stored on the right of way;
- Vehicle movements and parking to be arranged so vehicles do not unreasonably interfere with the public’s use of the right of way;
- No additional barriers are placed across the right of way;
- No stile, gate, fence or other structure should be created on, or across, a public right of way without written consent of the Highway Authority;
- The safety of the public using the right of way is to be ensured at all times.
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| No works shall commence on site until agreed by Network Rail and early engagement with Network Rail is recommended. An interface with Network Rail is required for this development via a Network Rail Basic Asset Protection Agreement (BAPA). The enquiry will need to be submitted via the Asset Protection and Optimisation - Customer Portal at
https://erjy-odcsvbcs-11211655-1568cacctnetworkrail.builder.ocp.oraclecloud.com/ic/builder/rt/CustomerPortal/live/webApps/dcs/
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| The developer is to submit directly to Network Rail asset protection, a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway under Construction (Design and Management) Regulations, and this is in addition to any planning consent. Network Rail would need to be re-assured the works on site follow safe methods of working and have also taken into consideration any potential impact on Network Rail land and the existing operational railway infrastructure. The builder is to ensure that no dust or debris is allowed to contaminate Network Rail land as the outside party would be liable for any clean-up costs. Review and agreement of the RAMS will be undertaken between Network Rail and the applicant/developer. |
| The applicant will provide at their own expense (if not already in place):
• A stock-proof boundary fencing where livestock is present or expected.
• Post and wire fence, livestock fence, post and rail or weld mesh fencing, dry stone or brick/stone and mortar walls installed to a minimum height of 1350mm.
• The fence is required be set back at least 1m from the railway boundary to ensure that Network Rail can maintain and renew its boundary treatments.
• Existing Network Rail fencing, and boundary treatments, must not be damaged or removed in any way.
• Network Rail will not allow any maintenance works for proposal fencing or proposal boundary treatments to take place on its land.
• Proposal fencing must not be placed on the boundary with the railway.
• The fence should be maintained by the developer and that no responsibility is passed to Network Rail.
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