| 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 –
1-001 Location Plan
1-101 Proposed Block Plan
1-102 Proposed Floor Plans
1-106A Tree Protection Plan
1-103A Proposed Elevations
1-107A Foundation Plan
1-108A Construction Management Plan
Reason: To define the permission. |
| 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 &A of the Town and Country Planning Act 1990 and SWDP22 of the South Worcestershire Development Plan.
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| Development shall not commence until evidence has been submitted to and approved in writing by the Local Planning Authority (LPA) demonstrating that a conservation covenant or a section 106 agreement has been entered into to provide and control the long-term management, monitoring, and enhancement of biodiversity Martley Habitat Bank or other comparable facility within the LPA’s administrative area or the Severn and Avon Vales NCA. The conservation covenant or section 106 agreement shall ensure the delivery of the required biodiversity units for a minimum period of 30 years from the completion of the habitat enhancement works.
The submitted evidence shall include a copy of the conservation covenant or section 106 agreement demonstrating that the off-site habitat is managed in accordance with the approved Biodiversity Gain Plan.
Reason: To comply with the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 and paragraphs 180 and 186 of the National Planning Policy Framework.
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| The statutory Biodiversity Net Gain (BNG) condition set out at Section 13 of the Environment Act 2021 applies to this permission. This requires submission to and approval by the Local Planning Authority of a Biodiversity Gain Plan before development begins. As the proposed planting on site is not sufficient to deliver the required 10% BNG in area habitats, off-site provision will be required. A legal agreement under S106 of the Planning Act 1990 may be required to secure this provision for the next 30 years. The Planning Advisory Service has produced a recommended template for such agreements, specifically for use with off-site habitat banks as is proposed here.
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;
(d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development;
(e) any biodiversity credits purchased for the development; and
(f) any such other matters as the Secretary of State may by regulations specify.
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| The development hereby permitted shall not be brought into use until a scheme of landscaping has been 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.
(v) a schedule of maintenance, including watering and the control of competitive weed growth for a minimum period of five years from first planting, and details of long-term after-care.
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 and SWDP25 of South Worcestershire Development Plan. |
| The development hereby permitted shall not be occupied/first used until full details of all surface water drainage systems to serve the development have been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be implemented in accordance with the approved details before the first occupation/use of the development hereby permitted and shall be retained thereafter.
Reason: To ensure 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 permitted shall be carried out in strict accordance with the recommendations set out in the Preliminary Ecological Appraisal report carried out by Countryside Consultants Ltd dated 27/02/2024 and submitted with this application.
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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| Before the first occupation of the building(s) hereby permitted the window(s) at first floor level or above on the south 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 nearby properties from unacceptable overlooking/loss of privacy and represent quality design in accordance with policy SWDP21 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) 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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| Within 6 months from the date of first occupation of the approved dwellings the properties shall be connected to super-fast broadband.
Reason: To ensure the development is in accordance with Policy SWDP26 of the South Worcestershire Development Plan. |
| 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. |
