Miss Lucy Righton, L A RIGHTON Rural Planning Consultancy
Agent Address
32 Sansome Walk
Worcester
WR1 1NA
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 –
- P02 Rev. C
- P03 Rev. B
- P04 Rev. A
- 23.38.P05 Rev. A
- 23.38.P06.TRP
Reason: To define the permission.
(A) No development shall take place until a programme of archaeological work, including a Written Scheme of Investigation, has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and:
1) The programme and methodology of site investigation and recording.
2) The programme for post investigation assessment.
3) Provision to be made for analysis of the site investigation and recording.
4) Provision to be made for publication and dissemination of the analysis and records of the site investigation.
5) Provision to be made for archive deposition of the analysis and records of the site investigation.
6) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
(B) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.
Reason: In accordance with the requirements of paragraphs 200 and 211 of the National Planning Policy Framework 2012 (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.
The buildings shall be used for the storage of machinery directly associated with the agricultural use of the site and to house livestock as and when required and no other use.
Reason: The Local Planning Authority would wish to carefully examine any alternative use of the premises to assess whether the development would be acceptable in terms of policy, access and amenity, in accordance with the provisions of the South Worcestershire Development Plan.
The development must proceed in strict accordance with the submitted Tree Protection Plan and Tree Survey Assessment and Tree Root Protection Measures Report.
Reason: To preserve the visual amenities of the surrounding natural and built environment. This is in accordance with policies SWDP21 and SWDP25 of the 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 would not result in unacceptable risk of pollution or harm to the environment and 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, SWDP29 and SWDP 30 of the South Worcestershire Development Plan.
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.
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;
(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.
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
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 18.00hrs Monday to Friday and 08.00 and 13.00hrs 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 accord with Policy SWDP21 of the South Worcestershire Development Plan.
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 and 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
We require the rights of way to be open throughout the development construction where possible. However, if public safety demands a temporary closure, application should be made at least 8 weeks in advance to: The Public Rights of Way Mapping Team at countryside@worcestershire.gov.uk.
If vehicular access to the site is via the public right of way, it should be noted that under section 34 of the Road Traffic Act 1988, any person who, without lawful authority, drives a motor vehicle on a public right of way commits an offence. The applicant should make themselves satisfied that they, and anyone else who may use public rights of way for private vehicular access in connection with the development,
has a right to do so. They may wish to seek legal advice on the matter. The County Council is responsible for maintaining rights of way to a standard suitable for their usual public use.
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.
The National Planning Policy Framework by the Ministry of Housing, Communities and Local Government, particularly paragraph 104, states that planning policies protect and enhance public rights of way and access.
The developer should also be aware of the Department of Environment Circular 1/09 (part 7) which explains that the effect of development on a public right of way is a material consideration in the determination of applications for planning permission and that the grant of planning consent does not entitle developers to obstruct a public right of way.
The Definitive Map is a minimum record of public rights of way and does not preclude the possibility that unrecorded public rights may exist, nor that higher rights may exist than those shown.
Copyright Notice
Plans, drawings and material submitted to the council are protected by the copyright acts (section 47, 1988 act). You may only use material which is downloaded and/or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner.
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In addition to consultations with the consultee listed, we will publicise the application in accordance with national requirements and our local policy.
This publicity usually takes the form of letters to nearby properties, the posting of site notices and/or the placing of a public notice in our local newspapers.
Address
Sent
Reply Received
The Old Vicarage
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
21/11/2024
The Old Vicarage
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
24/11/2024
Oak House
Upper Welland Road
MALVERN
WR14 4JU
13/12/2024
Malt House Farm
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
13/12/2024
Malt House Farm
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
13/12/2024
Micklefield House
Welland Stone
Upton Upon Severn
WORCESTER
WR8 0RW
09/12/2024
Court Cottage
Lockeridge Lane
Upton Upon Severn
WORCESTER
WR8 0RP
03/12/2024
Veeda Glenta
Blackmore Park Road
Welland
MALVERN
WR13 6NN
13/12/2024
Welland Court
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
13/12/2024
Doorbars, 32 Sansome Walk, Worcester, WR1 1NA
12/12/2024
The Old Vicarage
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
23/11/2024
The Barn
Welland Court
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
21/11/2024
The Barn
Welland Court
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
21/11/2024
The Barn
Welland Court
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
02/06/2025
The Barn
Welland Court
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
02/06/2025
Fair Acres
Lockeridge Lane
Upton Upon Severn
WORCESTER
WR8 0RP
10/12/2024
Malt House Farm
Welland Court Lane
Upton Upon Severn
WORCESTER
WR8 0ST
12/12/2024
Malvern Lodge
Blackmore Park Road
MALVERN
WR14 3LF
12/12/2024
Inglemead
Leigh
WORCESTER
WR6 5JU
13/12/2024
5 St James Close
Welland
MALVERN
WR13 6BA
29/11/2024
Consultee List
Name
Organisation
Sent
Reply Due
Reply Received
Aidan Smyth
MHDC Archaeology & Planning Advisor
12/11/2024
03/12/2024
Clara Clements
Upton-upon-Severn Town Council
12/11/2024
03/12/2024
Cllr Christine Wild
Castlemorton, Welland & Wells Ward
12/11/2024
03/12/2024
Cllr J. Owenson
Upton & Ripple Ward
12/11/2024
03/12/2024
Cllr John Gallagher
Castlemorton, Welland & Wells Ward
12/11/2024
03/12/2024
Cllr M. Allen
Upton & Ripple Ward
12/11/2024
03/12/2024
Drainage Engineer
Engineers - S.W. Land Drainage Partnership
12/11/2024
03/12/2024
Highways
County Highways
12/11/2024
03/12/2024
Jonathan Brierley
The Open Spaces Society
12/11/2024
03/12/2024
MHDC Tree and Landscape Officer
MHDC Tree and Landscape Officer
12/11/2024
03/12/2024
Mr David Sharp
Welland Parish Council
12/11/2024
03/12/2024
Ramblers Association (Worcestershire Area)
Ramblers Association (Worcestershire Area)
12/11/2024
03/12/2024
Worcestershire County Council (Footpaths)
WCC - Footpaths
12/11/2024
03/12/2024
MHDC Conservation Officer
MHDC Development Plans & Conservation
17/02/2025
10/03/2025
MHDC Natural Heritage & Biodiversity Officer
MHDC Natural Heritage & Biodiversity
17/02/2025
10/03/2025
10/03/2025
Clara Clements
Upton-upon-Severn Town Council
19/05/2025
02/06/2025
Cllr Christine Wild
Castlemorton, Welland & Wells Ward
19/05/2025
02/06/2025
Cllr J. Owenson
Upton & Ripple Ward
19/05/2025
02/06/2025
Cllr John Gallagher
Castlemorton, Welland & Wells Ward
19/05/2025
02/06/2025
Cllr M. Allen
Upton & Ripple Ward
19/05/2025
02/06/2025
MHDC Conservation Officer
MHDC Development Plans & Conservation
19/05/2025
02/06/2025
Mr David Sharp
Welland Parish Council
19/05/2025
02/06/2025
MHDC Conservation Officer
MHDC Development Plans & Conservation
15/08/2025
29/08/2025
Constraints List
Constraints List
SWDP 5: Protect and Enhance
Neighbourhood Plan: NPA Boundaries
CIL009 - Non-Urban Area
Paper: Malvern Gazette - Friday
Surface Water: 1 in 1000 extent
Interferometer Area. INFER/7022 -
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- UU-557 C
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 15: Designated Rural Areas
Surface Water: 1 in 100 extent.
TPO REF: TPO/M/699 (2022). ADDRESS: The Old Vicarage Welland Court Lane Upton Upon Severn Worcester WR8 0ST
