| 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:
- 2346-01-Location Plan
- 2346-02-Topographical Survey
- 2320/03-01 Rev J – Proposed Colour Site Layout
- 2320/03 Rev K – Proposed Site Layout
- 2346-04-Materials Layout Rev E
- H-2-761-FORMAL 1 - House Type 761
- DGAR13 - FTB 1 OWNER - Garage Type DGAR13 - FTB 1 OWNER
- H-2/3-757/912-BROMPTON/CRANMORE FORMAL 2 - House Type Brompton/Cranmore
- H-2-843-BENSON-FORMAL 1 - House Type Benson
- H-3-1009-CHAPMAN-FORMAL 2 - House Type Chapman
- H-3-1009-COMBER-FORMAL 1 - House Type Comber
- H-4-1425-HEYWOOD-FORMAL 1 - House Type Heywood
- H-4-1447-HORNE-FORMAL 1 - House Type Horne
- H-4-1447-HORNE-FORMAL 2 - House Type Horne
- SGAR3 – STS - Garage Type SGAR3 – STS
- GR-LINK-XX-XX-DR-C-0510 Rev P05 - DRAINAGE CATCHMENT PLANS
- 21-060-01 Revision M - Detailed Soft Landscape Proposals
- 2346/18-01-Visuals
- H-2-757-BROMPTON FORMAL 1 H-2-761-761 FORMAL 1 - House Type Brompton/761
- H-4-1447-DANEBRIDGE-FORMAL-2 – House Type Danebridge
- BS5837-Tree Protection Plan 2g Site 1.
Reason: To define the permission. |
| The Development hereby approved shall not be brought into use until the access, turning area and parking facilities shown on Drawing Ref 2320/03-01 Rev J has 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 and to ensure the free flow of traffic using the adjoining highway. |
| The Development hereby approved shall not commence until drawings of the highway improvements/offsite works/site access works comprising:
• Road signage on Storer Court comprising ‘Stop’ sign to the north of the development site opposite the access to Plots 13-16; along with ‘No-Entry’ road markings on Storer Court where two-way flow terminates and one-way system begins.
• ‘Left-Turn Only’ signs opposite the northernmost cul-de-sac serving Plots 13-16.
• Raised Tables are to comply with Department for Transport specifications
• Dropped kerbing and tactile crossing point at both north and south junctions with Geraldine Road.
• Dropped kerbing and tactile crossing points on the three private drive junctions
Have been submitted to and approved in writing by the Local Planning Authority; and the building shall not be occupied until those junctions have been constructed in accordance with the approved details.
REASON: To ensure the safe and free flow of traffic onto the highway. |
| The Development hereby permitted shall not be first occupied until sheltered and secure cycle parking to comply with the Council’s adopted highway design guide has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority and thereafter the approved cycle parking shall be kept available for the parking of bicycles only.
REASON: To comply with the Council’s parking standards. |
| The Development hereby approved shall not be occupied until the applicant has submitted a Travel Plan in accordance with the County Council guidelines in writing to the Local Planning Authority that promotes sustainable forms of access to the development site and has been
approved in writing by the Local Planning Authority. This plan will thereafter be implemented, monitored for a minimum of 5 years and shall be updated in agreement with Worcestershire County Council’s Travel Plan Officer and thereafter implemented as updated.
REASON: To reduce vehicle movements and promote sustainable access. |
| The Development hereby approved shall not commence until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. This shall include but not be limited to the following:
• adequate notice of commencement of the works to the Council
• adequate notice of commencement of the works to local residents
• details of an out of hours contact name and number
• a secure site that prevents trespass
• a chemical toilet on site
• all plant and materials shall be stored on site. No materials shall be stored on
the roadway
• all parking of operatives and staff shall be contained within the site
• measures shall be implemented to avoid mud and deleterious materials spreading onto the roadway or highway
• The site working hours (preliminary) would be:
7.30am to 6pm (Monday to Friday)
7.30am to 1pm (Saturday)
No Sunday or Bank Holiday working
• Details of any temporary construction accesses and their reinstatement.
• A highway condition survey, timescale for re-inspections, and details of any reinstatement.
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 locations approved by in writing by the local planning authority.
Reason: To ensure the provision of adequate on-site facilities and in the interests of highway safety. |
| No works in connection with site drainage shall commence until a scheme for a surface water drainage strategy for the proposed development has been submitted to, and approved in writing by the Local Planning Authority. The strategy shall include details of surface water drainage measures, including for hardstanding areas, and shall conform with the non-statutory technical standards for SuDS (Defra 2015) and the Proposed Drainage Layout (LE24987 - GDR-LE-GEN-XX-RP-CE-FRA01_Rev6_Proposed Drainage Layout). The surface water discharge rate from the development shall not exceed 5l/s. If possible infiltration techniques are to be used and the plan shall include the details and results of field percolation tests. The scheme shall provide detailed design drawings for all drainage assets and should include run off treatment proposals for surface water drainage. Exceedance flows should not be directed to property or private land. If a connection to a sewer system is proposed, then evidence shall be submitted of the approval for this connection. Where the scheme includes communal surface water drainage assets proposals for dealing with the future maintenance of these assets should be included. The scheme should include proposals for informing future homeowners or occupiers of the arrangements for maintenance of communal surface water drainage assets. The approved surface water drainage scheme shall be implemented prior to the first use of the development and thereafter maintained in accordance with the agreed scheme.
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. |
| 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:
1. 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.
2. 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.
3. 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.
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. |
| Prior to commencement of the development hereby approved, a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscape plan shall reflect the requirements of the Biodiversity Gain Plan and the Habitat Management and Monitoring Plan (HMMP), and shall include the following
(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.
(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/use 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, SWDP22 and SWDP25 of South Worcestershire Development Plan. |
| No development, sub surface works, ground works, vegetation removal or site clearance shall take place 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 be informed by updated ecological surveys as appropriate, but will include the following:
a. Risk assessment of potentially damaging construction activities;
b. Identification of “biodiversity 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/mitigation strategies) and shall include mitigation measures for orchids/species rich turf, bats, amphibians, reptiles, birds and mammals;
e. The location and timing of sensitive works to avoid harm to biodiversity features;
f. The times during construction when specialist ecologists need to be present on site to oversee works;
g. Responsible persons and lines of communication;
h. The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;
i. Use of protective fences, exclusion barriers, silt management measures 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 that the proposed development contributes to the conservation and enhancement of biodiversity within the site and for the wider area in accordance with polices SWDP 22 and SWDPR27 of the South Worcestershire Development Plan, paragraphs 187, and 193(d) of the National Planning Policy Framework (NPPF) and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended).
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| No development shall take place until an ecological design strategy (EDS) for compensation and enhancement measures for protected species has been submitted to and approved in writing by the local planning authority. The EDS shall include the following.
a) Purpose and conservation objectives for the proposed works.
b) Review of site potential and constraints.
c) Detailed design(s) and/or working method(s) to achieve stated objectives.
d) Extent and location/area of proposed works on appropriate scale maps and plans.
e) Type and source of materials to be used where appropriate, e.g. native species of local provenance.
f) Timetable for implementation demonstrating that works are aligned with the proposed phasing of development.
g) Persons responsible for implementing the works.
h) Details of initial aftercare and long-term maintenance.
i) Details for monitoring and remedial measures.
j) Details for disposal of any wastes arising from works.
The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.
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 polices SWDP 22 and SWDPR27 of the South Worcestershire Development Plan, paragraphs 187, and 193(d) of the National Planning Policy Framework (NPPF) and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended).
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| Prior to commencement of the development hereby approved a “lighting design strategy for biodiversity” shall be submitted to and approved in writing by the local planning authority. The strategy shall:
a. Identify those areas/features on site that are particularly sensitive for nocturnal wildlife and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory. This will include the provision of dark corridor conditions (LUX levels at or below 0.4 in the vertical plane and 0.2 LUX in the horizontal plane) for all woodland edges, trees with roosting potential, hedgerows and other biodiversity features. for example, for foraging; and
b. Show how and where external lighting will be installed and impacts of internal light spill (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. The strategy will be accompanied with a non-technical summary and an ecological commentary from an appropriately qualified ecologist that clearly identifies that the proposed strategy will meet the above ecological needs
All lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from 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 2017 and minimise impacts on protected species in accordance with local Policy SWDP22 and SWDPR27, and paragraphs 187, 193 and 198 of the National Planning Policy Framework (NPPF).
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| The approved Biodiversity Gain Plan shall be implemented in accordance with the details and timescale agreed within the Plan and maintained thereafter in accordance with the approved Habitat Management and Monitoring Plan (HMMP).
Reason: To ensure that the proposed development delivers a biodiversity net gain in accordance with Schedule 7A of the Town and Country Planning Act 1990 and SWDP22 of the South Worcestershire Development Plan.
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| The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), has been prepared in accordance with the approved Biodiversity Gain Plan, the approved landscape scheme submitted to and approved in writing by the Local Planning Authority. It shall include:
(a) a non-technical summary;
(b) the roles and responsibilities of the people or organisation(s) delivering the HMMP;
(c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;
(d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
(e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority,
Notice in writing shall be given to the Council when the habitat creation and enhancement works as set out in the HMMP have been completed.
The created and enhanced habitat specified in the approved HMMP shall thereafter be managed and maintained in accordance with the approved HMMP.
Monitoring reports shall be submitted to the local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP.
The plan shall also set out where the results of the monitoring show that conservation aims and objectives of the HMMP are not being met, how contingencies and/or remedial action are identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.
Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and SWDP22 of the South Worcestershire Development Plan
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| Prior to the commencement of development, an arboricultural method statement (AMS) shall be provided to the local planning authority. The AMS will describe the process of construction where it impacts upon retained trees, and shall be in accordance with BS 5837:2012 (Trees in Relation to Design, Demolition and Construction). Development shall proceed in accordance with the approved document.
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. |
| No construction works of any type should take place, including site clearance, demolition, or site stripping (includes archaeological investigation), or access made to the site, until a site meeting has taken place between the applicant, their chosen contractor and the council’s tree and landscape officer.
Reason: In order to ensure that the requirements of the approved tree protection measures are clearly understood by all parties involved in the construction process and to prevent existing trees/hedges from being damaged during construction work and to preserve the amenities of the locality in accordance with policies SWDP6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
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| Once the approved tree protection measures have been implemented, and prior to any construction works taking place, a letter of compliance, prepared by a suitably qualified arboricultural consultant, shall be submitted to the local planning authority.
Reason – To ensure that tree protection measures have been implemented, as approved, in order 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. |
| Within three months following completion of the approved landscaping, a statement of conformity, prepared by a qualified landscape architect, shall be sent to the Local Planning Authority to confirm the approved landscaping scheme has been successfully implemented and approved planting specification.
Reason - To ensure the successful implementation and the long term success of the approved landscaping scheme.
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| Before preparation of levels on site for the development hereby approved, the finished ground floor levels of the buildings in relation to the existing and proposed site levels, the adjacent highway and adjacent properties, together with details of levels of all accesses to include pathways, driveway, steps and ramps, retaining walls and drainage features shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme unless the Local Planning Authority gives its written consent to any variation.
Reason: In order to achieve a satisfactory form of development with regard to the topography of the site in accordance with Policies SWDP21 and SWDP25 of South Worcestershire Development Plan |
| No development above ground floor slab level of any part of the development hereby permitted shall take place until samples of all materials to be used in the construction of the external surfaces of the development have been submitted to and approved in writing by the Local Planning Authority, including (where applicable):
a) samples of all brick, render and tiling (including details of the colour of render/paintwork to be used)
b) samples of all hard surfacing materials
c) Sample materials of boundary treatments
The development shall be carried out in accordance with the approved details.
Reason: To ensure that the new materials are in keeping with the surroundings in accordance with Policy SWDP 21 of the South Worcestershire Development Plan and policy MD1 of the Malvern Town Neighbourhood Plan. |
| Prior to the first occupation of any of the residential units. hereby approved, details of superfast broadband facilities or alternative solutions to serve the residential units 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. |
| Prior to the occupation of any part of the development hereby permitted details of renewable or low carbon energy generating facilities to be incorporated as part of the development shall be submitted to and approved in writing by the local planning authority. The details shall demonstrate that at least 10% of the predicted energy requirements of the development will be met through the use of renewable/low carbon energy generating facilities. The approved facilities shall be provided prior to any part of the development hereby permitted being first occupied or in accordance with a timetable submitted to and approved by the local planning authority as part of the details required by this condition.
Reason: To ensure the proposed development includes sufficient renewable/low carbon energy generating facilities to comply with Policy 27 of the South Worcestershire Development Plan 2016. |
| Prior to the first occupation of the development, details of refuse and recycling storage facilities to serve the development and/or each of the buildings hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The approved refuse and recycling storage facilities shall be implemented prior to the first occupation of the associated development and/or building(s) and retained thereafter.
Reason - To ensure adequate refuse storage facilities are incorporated in the development and ensure high quality design in accordance with policies SWDP21 and SWDP33 of the South Worcestershire Development Plan. |
| Appropriate cabling and an outside electrical socket shall be supplied for each dwelling to enable ease of installation of an electric vehicle charging point (houses with dedicated parking) and be operational before the respective dwelling is first occupied. For developments with unallocated parking i.e. flats/apartments and employment buildings, at least 1 EV charging point per building (as a minimum) shall be provided and be operational before the respective building is first occupied. The charging points must comply with BS:7671 The sockets shall comply with BS:1363, and shall be provided with a locking weatherproof cover if located externally to the building.
Reason: To reduce pollution in accordance with Policies SWDP4 and SWDP 31 of the South Worcestershire Development Plan. |
| Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting, substituting, amending, extending, consolidating, replacing or modifying that Order), no additions, extensions or external alterations [other than those expressly authorised by this permission] shall be constructed/carried out on plots 1, 7, 13, 14, 15 and 16, following the completion/first use of the development hereby permitted.
Reason: In the interests of protecting residential amenity and to comply with Policy SWDP21 of the South Worcestershire Development Plan. |
| The Development hereby approved shall not be brought into use until tactile paving has been provided across individual plot access onto Storer Court and at the shared private drive accesses in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority.
Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway in accordance with Policy SWDP21 of the South Worcestershire Development Plan.
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| The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
Subject to Paragraph 14(2) of Schedule 7A TCPA 1990 The biodiversity gain plan must include:
(a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;
(b) the pre-development biodiversity value of the onsite habitat;
(c) the post-development biodiversity value of the onsite habitat;
Advice about how to prepare a Biodiversity Gain Plan and a template can be found at https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan
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