| Condition Details / Information Notes |
| The development hereby permitted must be commenced not later than the expiration of three years from the date of the original permission W/22/00896/FUL dated 24.10.22.
Reason: To conform with the requirements of Sections 73 and 91 of the Town and Country Planning Act 1990 (as amended). |
| 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 –
1317-01 - Rev B - Site Location Plan
3200 C02 Proposed site plan
3300 C01 Housetype A plans and elevations (Plots 19 and 20)
3301 C01 Housetype B plans and elevations (Plots 17 and 18)
3302 C01 Housetype C plans and elevations (Plots 1, 2 and 13)
3303 C01 Housetype D plans and elevations (Plots 14, 15 and 16)
3305 C01 Housetype E plans and elevations (Plots 3, 4 and 5)
3305 C01 Housetype F plans and elevations (Plot 6)
3306 C01 Housetype G plans and elevations (Plot 10)
3307 C01 Housetype G plans and elevations (Plot 7)
3308 C01 Housetype H plans and elevations (Plots 9 and 12)
3309 C01 Housetype H plans and elevations (Plot 8)
3310 C01 Housetype J plans and elevations (Plot 11)
3311 C01 Housetype K plans and elevations (Plot 21)
3241 C01 Double garage plans and elevations (Plots 4, 17, 18, 19 and 20)
3242 P01 Twin garage plans and elevations (Plots 13 and 14)
3201 C02 Proposed boundaries plan
3202 C02 Proposed materials plan
3240 C01 Single garage plans and elevations (Plots 1, 2, 3, 5, 15 and 16)
3220 C01 Proposed streetscenes
BD21-LS-001b Site landscaping
BD11-LS-002b Landscaping specification and schedule
Reason: To define the permission.
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| The development hereby permitted, shall be implemented in accordance with the levels details approved under ref, W/24/00443/CCO dated 9th May 2024.
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 or on the amenity of neighbouring properties in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan.
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| Before the first occupation of the dwelling on plot 12 hereby permitted the first floor WC window at the first floor east side elevation shall be fitted with Pilkington Level 4 obscured glazing or equivalent and shall be permanently retained in that condition thereafter.
Reason - To protect the amenities of adjoining/nearby properties from unacceptable overlooking/loss of privacy and/or represent quality design in accordance with policy SWDP21 of the South Worcestershire Development Plan. |
| All planting and seeding/turfing comprised in the submitted landscape scheme as shown in DWG NOs BD21-LS-001b Site Landscaping and BD21-LS-002b Specification and Schedule, 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 occupation of the development permitted the schedule of landscape maintenance for perpetuity in accordance with drawing no. BD21-LS-001a and landscaping specification and schedule B211-LS-002b 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. |
| 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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| The development shall be implemented in accordance with the Phase I Environmental Assessment dated 06.04.23, Report 5637 -2 and Phase II Geo Environmental Assessment by A P Geotechnics dated 11.04.23 along with the letter dated 22nd June 2023 from AP Geotechnics as approved by conditions letter dated 24.10.2023 for planning permission W/22/00896/FUL.
In the event that contamination is found at any time when carrying out the approved development that was not previously identified in the report approved, construction works shall cease and this shall be reported immediately in writing to the Local Planning Authority. In such circumstances an investigation and risk assessment must be undertaken and a revised remediation scheme must be produced, submitted to and approved in writing by the Local Planning Authority. Development works shall not resume until the revised remediation scheme has been approved in writing. The measures as set out in the revised remediation scheme shall be carried out. Following the completion of any measures identified in the approved revised remediation scheme a validation report must be produced, submitted to and approved in writing by the Local Planning Authority. None of the development hereby approved shall be occupied until the validation report has been approved.
Reason: To ensure that the proposed development avoids significant adverse impacts from pollution in accordance with Policy SWDP31 of the South Worcestershire Development Plan. |
| Prior to the first occupation of any of the dwellings hereby approved, details of superfast broadband facilities or alternative solutions to serve the dwellings hereby approved shall be submitted to and approved in writing by the local planning authority. The submitted details shall include an implementation programme. The facilities shall be provided in accordance with the approved details.
Reason: To ensure the proposal incorporates satisfactory telecommunication facilities in line with policy SWDP26 of the South Worcestershire Development Plan 2016.
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| Before the occupation of the development hereby permitted the boundary treatments as shown on the ‘Proposed
Boundaries Plan, Drawing no. 3201 C02’ shall be completed. Development shall be carried out in accordance with the approved details.
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, SDWP22 and SWDP25 of South Worcestershire Development Plan.. |
| The dwellings hereby approved shall not be occupied until the estate roads, private shared drives, private road, individual plot accesses and parking have been provided as shown on drawing number Proposed Site Plan, Drawing No. 3200 C02.
Reason To ensure conformity with submitted details.
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| The development hereby permitted shall not be first occupied until the proposed dwellings have been fitted with an electric vehicle charging point. The charging points shall comply with BS EN 62196 Mode 3 or 4 charging and BS EN 61851 and the Worcestershire County Council Streetscape Design Guide. The electric vehicle charging points shall be retained for the lifetime of the development unless they need to be replaced in which case the replacement charging point(s) shall be of the same specification or a higher specification in terms of charging performance.
Reason To encourage sustainable travel and healthy communities.
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| The development shall be implemented in accordance with the Construction Traffic Management Plan, Badsey, Planning Approval Reference: W/22/00896/FUL and shall be adhered to throughout the construction period.
Reason: To ensure the provision of adequate on-site facilities in the interests of highway safety in accordance with Policies SWDP 4 and SWDP 21 of the South Worcestershire Development Plan.
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| The development hereby approved shall not be occupied until the applicant has submitted to and had approval in writing from the Local Planning Authority a residential Travel Welcome Pack promoting sustainable forms of access to the development. The pack shall be provided to each resident at the point of occupation.
Reason To reduce vehicle movements and promote sustainable access.
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| The development shall be implemented in accordance with the Land off Kinghurst Drive, Badsey, Worcestershire: Archaeological Evaluation dated January 2023 approved by conditions letter dated 15th March 2023 for planning permission W/22/00896/FUL.
Reason: In accordance with the requirements of paragraphs 207 and 208 of the National Planning Policy Framework 2012 (as amended) and Policies SWDP 6 and 24 of the South Worcestershire Development Plan 2016.
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| The development shall be implemented in accordance with the Energy Statement dated July 2024, produced by Focus Consultants 220 LLP.
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. |
| The development hereby approved shall be implemented in accordance with the following drainage details and shall be completed prior to the first use of the development hereby approved.
BADSEY-EN-001 Rev G - Engineering layout
BADSEY-EN-012C - Pond details
Surface water drainage network calculations, 07.11.24 by K-Ten Consulting Ltd
Surface water drainage network plan dated 07.11.24 by K-Ten Consulting Ltd
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.
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| The development shall be implemented in full prior to the first occupation of the development in accordance with the details of infiltration testing in the Report 5637-1 Phase I Environmental Assessment dated 06.04.23 and Report 5637 -2 Phase II Geo environmental Assessment by A P Geotechnics dated 11.04.23 approved in the conditions letter dated 6th June 2023 for planning permission W/22/00896/FUL.
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. |
| The development shall be implemented in accordance with the SuDS Maintenance and Management Plan, Rev C dated November 2024 and shall be managed and maintained in accordance with the approved maintenance plan thereafter.
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. |
| The development shall be implemented in accordance with the detailed design drawings for surface water and foul drainage as follows:
- Badsey Sewer Calculations, Rev B dated 21.05.24
- Engineering Layout (Drawing no. BADSEY-EN-001 Rev G
- Surface Finishes Layout (Drawing no. BADSEY-EN-003 Rev D
- Catchment Area Plan (Drawing no. BADSEY-EN-004 Rev C)
- Road and Sewer Profiles (Drawing no. BADSEY-EN-005 Rev C
- Typical Drainage Construction Details (Drawing no. BADSEY-EN-006
- Manhole Schedules (Drawing no. BADSEY-EN-008 Rev D
- Control Chamber Details (Drawing no. BADSEY-EN-009 Rev B
- Headwall Details + 3 sided knee klamp (Drawing no. BADSEY-EN-010
- Headwall Details (Drawing no. BADSEY-EN-011 Rev A
- Pond Details (Drawing no. BADSEY-EN-012 Rev C
- Surface water drainage network calculations, dated 07.11.24 by K-Ten Consulting Ltd
- Surface water drainage network plans dated 07.11.24 by K-Ten Consulting Ltd
Thereafter the development shall be carried out in accordance with the approved details.
Reason: To ensure the proposed development does not exacerbate flood risk or pollution 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. |
| The approved CEMP produced by Cotswold Wildlife Surveys, dated January 2024, 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), the Protection of Badgers Act 1992 and the Conservation of Habitats and Species Regulations 2017 and SWDP policy 22.
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| The development shall be implemented in accordance with the water management details approved by conditions application W/24/00443/CCO dated 9th May 2024 prior to the first occupation of the development and retained thereafter.
Reason: To ensure sustainability measures are taken into account in the development in accordance with Policies SWDP 21 and SWDP 30 of the South Worcestershire Development Plan.
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| Bat and bird boxes, insect hotels and hibernacula shall be installed as per the locations shown on Figure 11 within the document ‘Landscape & Ecological Management Plan’(LEMP), version 5 dated 13.11.24 by Cotswold Wildlife Surveys. The types of boxes shall be installed in accordance with the details set out within the LEMP prior to occupation of the development and retained thereafter.
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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| The development shall be implemented in accordance with the Landscape and Ecological Management Plan (LEMP), V5 by Cotswold Wildlife Surveys dated 13.11.24.
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 and Paragraphs 187 and 193 of the National Planning Policy Framework).
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| 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. |
| Before the development hereby permitted is first occupied, 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 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 granting of this planning permission does not remove any obligations on the applicant to undertake a technical design check of the proposed footway and access along Bretforton Road with the Highway Authority, nor does it confirm acceptance of the proposal by the Highway Authority until that design check process has been concluded. Upon the satisfactory completion of the technical check the design would be suitable to allow conditions imposed under this permission to be discharged but works to the public highway cannot take place until a legal agreement under Section 278 of the Highways Act 1980 has been entered into and the applicant has complied with the requirements of the Traffic Management Act 2004.
The applicant is urged to engage with the Highway Authority as early as possible to ensure that the approval process is started in a timely manner to achieve delivery of the highway works in accordance with the above-mentioned conditions. The applicant should be aware of the term “highway works” being inclusive of, but not limited to, the proposed junction arrangement, street lighting, structures and any necessary traffic regulation orders.
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| If it is the applicant's intention to request the County Council, as Highway Authority, to adopt the proposed roadworks as maintainable at the public expense, then details of the layout and alignment, widths and levels of the proposed roadworks, which shall comply with any plans approved under this planning consent unless otherwise agreed in writing, together with all necessary drainage arrangements and run off calculations shall be submitted to the County Council's Network Control Manager, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP. No works on the site of the development shall be commenced until these details have been approved by the County Council as Highway Authority and an Agreement under Section 38 of the Highways Act, 1980, entered into |
| It is not known if the proposed roadworks can be satisfactorily drained to an adequate outfall. Unless adequate storm water disposal arrangements can be provided, the County Council, as Highway Authority, will be unable to adopt the proposed roadworks as public highways. The applicant is, therefore, advised to submit the engineering details referred to in this conditional approval to the County Council's County Network Control Manager, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP at an early date to enable surface water disposal arrangements to be assessed. WCC reluctant to allow any connections to our systems on Bretforton Road without considerable improvements to our drainage system. A detailed survey would need to be undertaken for the catchment area |
| This permission does not authorise the re-siting of any street lighting columns or illuminated road traffic sign(s) which may be affected by the proposed development. The applicant should contact the Network Control Manager, Worcestershire County Council, County Hall, Spetchley Road, Worcester WR5 2NP for the necessary approval. Precise details of all works within the public highway must be agreed with the Highway Authority. |
| Community Transport
Under the 1985 Transport Act WCC has a duty to consider the transport needs of elderly and disabled residents. A service must be provided for all elderly and disabled residents where no suitable bus service exists otherwise for those unable to access a bus due to disability. WCC analyses this using historic trip need, DfT mileage rates and census data based on five years calculated cost. The service provides access to vital services, particularly acute health where it is no longer policy to offer appointments at the nearest facility to the resident’s home address. The contribution requested is £6,426
S122 Site Specific Mitigation.
The applicant should provide the following planning obligations through a suitable legal mechanism. S106
Specific Purpose – Community Transport
Contribution - £6,426.
Trigger – 50% of units occupation.
Retention Period – 5 years
Planning Obligations
South Worcestershire Councils Community Infrastructure Levy (Non-Strategic Allocation)The application provides residential housing within the South Worcestershire Development Plan area, therefore the South Worcestershire Councils Community Infrastructure Levy Charging Schedule is applicable.
The applicant should make its proportionate contribution to identified infrastructure in accordance with the South Worcestershire Councils Community Infrastructure Levy Charging Schedule. Transport infrastructure is covered by this Levy and therefore it is essential that the cumulative impact of all development is addressed through the receipt of the contribution(s) as defined in Section 8, Table 1 of the Charging Schedule |
| A fee is chargeable for the provision of archaeological curatorial services. The service includes advice and liaison throughout the archaeological works, including the provision of a brief (if requested), checking the Written Scheme of Investigation for compliance with local and national standards, monitoring fieldwork and ensuring any archaeological reports generated by the project are acceptable. The Archaeology and Planning Advisor will be happy to offer advice on all stages of the proceedings. Additional site visits will be chargeable at £60 per visit if required if it is considered that breaches of condition have taken place or when other situations arise that require a visit additional to the usual service. As this scheme is considered to be a medium-scale development of more than 1ha the fee for curatorial services will be £534.00 (£445.00 Exc VAT). |
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It should be noted that the proposed outfall headwall, within the adjacent watercourse, may require Ordinary Watercourse Land Drainage Consent. This is obtained from the Engineering Section. Please contact Debbie.bowen@wychavon.gov.uk for guidance notes and an application form
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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. |
| 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;
and considering the imposition of conditions and or the completion of a s.106 legal agreement.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. |
