Application Number M/24/01327/OUT
Status Application Approved

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Planning Online Status


  • Application
    Valid
    01/10/2024
  • Consultation
    End
    29/01/2025
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    10/02/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01327/OUT
Location Address Millers Court Farm Birts Street Birtsmorton Malvern WR13 6AP
Proposal The erection of a pair of dwelling houses for agricultural workers.
Status Approval
Application Type Outline Application
Appeal Decision N/A

Important Dates
Application Received Date 20/09/2024
Application Valid Date 01/10/2024
Consultation Start Date 07/10/2024
Site Visited / Site Notice Date
Consultation End 29/01/2025
Advert Expiry 08/11/2024
Committee Date (if applicable)
Committee Agenda
Decision Date 10/02/2025

Further Information
Expected Decision Level Delegated
Case Officer Anna Priestley-Clarke
Parish Birtsmorton CP
Ward Longdon Ward
Applicant Mr Edward Newton
Agent Mrs Julie Newton
Agent Address Millers Court Birtsmorton Malvern Worcestershire WR13 6AP

Condition Details / Information Notes
Application for the approval of all reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved. Reason - In accordance with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004
Approval of the details of the appearance, landscaping, layout] and scale (hereinafter called ""the reserved matters"") shall be obtained from the Local Planning Authority in writing before any development is commenced. The development shall be carried out in accordance with approved reserved matter details. Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 (as amended) and to enable to the Local Planning Authority to exercise proper control over these aspects of the development
The following details shall be submitted for approval as part of the landscaping reserved matters:- 1. survey information of all existing trees and hedges on the application site, and branches from trees on adjacent land that overhang the site. The survey shall include for each tree/hedge: a) the accurate position, canopy spread and species plotted on a plan; b) an assessment of its general health and stability; c) an indication of any proposals for felling or pruning; d) details of any proposed changes in ground level, or other works to be carried out, within the canopy spread. 2. a landscape scheme which shall include: a) a plan(s) showing the planting layout of proposed tree, hedge, shrub and grass areas; b) a schedule of proposed planting – indicating species, size at time of planting and numbers/densities of plants; c) a written specification outlining cultivation and others operations associated with plant and grass establishment; d) a schedule of maintenance, including watering and the control of competitive weed growth, for a minimum period of five years from first planting. The landscaping shall be provided and maintained in accordance with the approved details. Reason - To preserve and enhance the visual amenities of the area and to ensure the satisfactory development of the site - in accordance with policies SWDP21, SWDP25 of the South Worcestershire Development Plan.
Details of the levels of the existing site and the precise floor slab levels of the approved dwellings, relative to the existing development on the boundary of the site, shall be submitted for approval as part of the reserved matters. 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.
Details of any screen walls, fences, surface treatments to drives, and footways and implementation timetable shall be submitted for approval as part of the landscaping reserved matters. 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 be carried out in strict accordance with the recommendations set out in the Preliminary Ecological Assessment report by Willder Ecology dated 12th January 2024 and submitted with this application. In particular:- - All persons involved in the building works shall receive a detailed 'Toolbox Talk' on Nesting birds, and GCN as well as the importance of priority habitats in the wider farmland area & the importance of Barn Meadow SSSI from Ros Willder of Willder Ecology or a similarly qualified ecologist. The toolbox talk will cover the following: - • The full legal protection of any nesting birds in the nearby trees & hedges off site. • The protection zones of any trees & hedges & ditches along the roadside in the wider arable field & the field margins to be retained as a buffer during construction works. • The Full Legal protection of all Amphibians (GCN) & their habitats. • The identification of Great Crested Newts & their lifecycle & habitats in the wider areas. • The areas where it is safe to store and mix materials shall be detailed in the Construction Management Plan together with details of how noise, dust & pollution shall be avoided to ensure no impacts on the wider farmland & Duke meadow SSSI. Willder Ecology 20 • Who to contact & what to do if there are any unexpected finds such as nearby nesting birds or GCN during work. - Two eco habitat integral bat boxes will be included on the of the gable end of each house & rear wall garage. - One open fronted bird box will be included in the top of the wall of each proposed house. 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.
A detailed Biodiversity Gain Plan which makes provision for at least 10% biodiversity net gain shall be submitted for approval as part of the reserved matters and shall include a timescale for implementation. 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.
(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.
Details of the external materials of the approved dwellings shall be submitted for approval as part of the reserved matters. The materials shall be broadly in accordance with those detailed within the submitted Planning Statement. 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.
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 immediately to the Local Planning Authority. The applicant is advised to immediately seek the advice of an independent geo-environmental consultant experienced in contaminated land risk assessment, including intrusive investigations and remediation. No further works should be undertaken in the areas of suspected contamination, other than that work required to be carried out as part of an approved remediation scheme, unless otherwise agreed by the Local Planning Authority, until requirements 1 to 4 below have been complied with: 1. Detailed site investigation and risk assessment must be undertaken by competent persons in accordance with the Environment Agency's 'Land Contamination: Risk Management' guidance and a written report of the findings produced. The risk assessment must be designed to assess the nature and extent of suspected contamination and approved by the Local Planning Authority prior to any further development taking place. 2. Where identified as necessary, 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. 3. The approved remediation scheme must be carried out in accordance with its terms prior to the re-commencement of any site works in the areas of suspected contamination, other than that work required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. 4. Following completion of measures identified in the approved remediation scheme a verification 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 on site. REASON To ensure that the risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property, and ecosystems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
No building hereby permitted shall be occupied until details of the design, implementation, maintenance and management of sustainable urban drainage/surface water drainage works have been submitted to and approved in writing by the local planning authority. The submitted details shall: 1. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; 2. include a timetable for its implementation; and 3. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The development shall be carried out, and the drainage maintained/managed, in accordance with the approved details. 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.
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.
The occupation of the dwellings hereby permitted shall each be limited to a person solely or mainly working, or last working (and not working elsewhere in the meantime), in the locality in agriculture (as defined in Section 336(1) of the Town and Country Planning Act, 1990) or in forestry (“the Agricultural Worker”), or a widow, widower or surviving civil partner of the Agricultural Worker, and to any dependants residing with the Agricultural Worker or his/her widow, widower or surviving civil partner. Reason: The proposed dwellings would be situated in the open countryside, outside any defined settlement boundary where new housing development will be strictly controlled. The proposed dwellings are justified as they serve the essential needs of an agricultural/forestry operation in line with policy SWDP19 of the South Worcestershire Development Plan. To grant permission without such a condition would be contrary to policies SWDP2 and SWDP19 of the South Worcestershire Development Plan .
Details of renewable or low carbon energy generating facilities to be incorporated as part of the development shall be submitted for approval as part of the reserved matters. 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 any dwelling hereby approved space shall be laid out within the curtilage of each property for car parking and vehicular turning facilities to accord with the Council’s standards to enable vehicles to park and turn so that they may enter and leave the application site in a forward gear. The parking and turning areas shall be properly consolidated, surfaced and drained in accordance with details to be submitted to and approved in writing by the Local Planning Authority and these areas shall not thereafter be used for any other purpose than the parking of vehicles. Reason - In the interests of highway safety and to ensure the free flow of traffic using theadjoining highway and to comply with Policy SWDP21 of the South Worcestershire Development Plan.
Prior to the occupation of any dwelling hereby approved, details of the visibility splays at the access into the application site shall be submitted to and approved in writing by the local planning authority. The visibility splays shall be implemented prior to the occupation of any dwelling and shall thereafter be retained and maintained. Nothing shall be planted, erected and/or allowed to grow on the area of land so formed which would obstruct the visibility described above. Reason - In the interests of highway safety and to comply with Policy SWDP21 of the South Worcestershire Development Plan.

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Statutory Consultee Response
Decision

Consultation Responses

Neighbour List


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.


No associated neighbours

Consultee List


Name Organisation Sent Reply Due Reply Received
Aidan Smyth MHDC Archaeology & Planning Advisor 07/10/2024 28/10/2024
Asset Protection Team Severn Trent Water Limited 07/10/2024 28/10/2024
Cllr Jennie Watkins Longdon Ward 07/10/2024 28/10/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 07/10/2024 28/10/2024
Environment Agency Environment Agency 07/10/2024 28/10/2024
Highways County Highways 07/10/2024 28/10/2024
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 07/10/2024 28/10/2024
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 07/10/2024 28/10/2024
Mrs Christina Leake Birtsmorton Parish Council 07/10/2024 28/10/2024
Worcester Regulatory Services Contaminated Land Worcestershire Regulatory Services 07/10/2024 28/10/2024
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 07/10/2024 28/10/2024
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 07/10/2024 28/10/2024

Constraints List


Constraints List
Paper: Malvern Gazette - Friday
CIL009 - Non-Urban Area
Surface Water: 1 in 30 extent.
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Outside SWDP Development Boundary
Flood Zone 2. If Application is a Major (PS2 1-6) consultation required with L.L.F.A and Severn Trent (Welsh Water if in Bockleton Parish)
Flood Zone 3. If Application is a Major (PS2 1-6) consultation required with L.L.F.A and Severn Trent (Welsh Water if in Bockleton Parish)
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Enhance
No associated appeals