| 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, the development hereby approved shall be carried out in accordance with the information provided on the application form and the following plans –
Red Oultine - showinf PRoW
Red Outline - Extant of area to be worked
Section(s) drawing.
Reason: To define the permission. |
| 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:-
• Measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway; Road Sweeping is to be undertaken when materials are transferred to the adjoining highway
• Details of site operative parking areas, material storage areas and the location of site operatives facilities (offices, toilets etc);
• The hours that delivery vehicles will be permitted to arrive and depart, and arrangements for unloading and manoeuvring.
• Details of any temporary construction accesses and their reinstatement.
• HGV Routing Management Plan.
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. |
| Within 3 months of completion of the proposed scheme, the existing site access shall be permanently closed and highway verge, and associate boundary treatments reinstated in accordance with details that shall have been submitted to and approved in writing by the Local Planning Authority.
REASON: To ensure the safe and free flow of traffic using the adjoining highway. |
| Full details of any soil or soil forming materials proposed for importation to the site for use in garden areas, soft landscaping, filling, and level raising must be submitted to the Local Planning Authority and approved in writing prior to import and implementation of the scheme. The material must be assessed for contamination and suitability for use on site.
Full donor site details, proposals for contamination testing; including testing schedules, sampling frequencies and allowable contaminant concentrations (as determined by appropriate risk assessment), must be submitted to and approved in writing by the Local Planning Authority prior to import on to the site.
Following implementation of the approved scheme suitable validatory evidence (including but not exclusive to laboratory certificates, photographs, consignment notes, and relevant risk assessment) should be submitted to and approved in writing by the Local Planning Authority.
All works are to be carried out by competent persons and in accordance with the Environment Agencies 'Land Contamination Risk Management' guidance (LCRM).
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.
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| 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.
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| Within three months of the development hereby permitted details of any external lighting,
including the degree of light spread and its intensity and the proposed hours of illumination,
shall be submitted to and approved in writing by the Local Planning Authority. The
development shall be carried out in accordance with the approved details and no further
external lighting in connection with the development shall be installed without the submission
and subsequent approval of a separate application for planning permission by the Local
Planning Authority.
Reason: To ensure the proposed development represents high quality design and does not
have an adverse effect on biodiversity and the character and appearance of the area in
accordance with policies SWDP21 and SWDP25 of South Worcestershire Development
Plan. |
| The Biodiversity Gain Plan shall be prepared in line with the submitted Biodiversity Net Gain Excel Spreadsheet Calculation dated February 2025 produced by Fiona Sharpe. 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 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 (including measures to control of New Zealand pigmy weed) 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 |
| No development shall take place until an ecological mitigation, compensation and enhancement scheme for protected species including breeding birds, reptiles and amphibians has been drawn up by a suitably qualified ecologist, submitted to and approved in writing by the local planning authority. The scheme shall be based on the recommendations contained within the Preliminary Ecological Appraisal & Biodiversity Net Gain Assessment v.2.0 dated February 2025 and produced by Sharpe Ecology. November 2024 and shall include an implementation timetable. The works shall thereafter be carried out in accordance with the approved details and timetable.
Reason – To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site and for the wider area and to minimise impacts on protected species in accordance with local policies with SWDP22 and SWDPR27, NPPF paragraphs 187, 192 and 193 and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended). |
| Positive and Proactive Statement. No problems have arisen in dealing with this application. The planning application sought an acceptable form of development consistent with the requirements of relevant policies and material considerations. No amendments or alterations were therefore required and no further positive or proactive action was deemed necessary. |
| Note: 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 small-scale development of less than 1-ha the fee for curatorial services will be £333.60 (Inc VAT).
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| All legal obligations (Public Rights of Way) must be adhered to, including those stipulated below.
• The safety of the public using the rights of way must be ensured at all times.
• No additional barriers can be placed across the rights of way without written consent of the PRoW team.
• We recommend an unsealed surface of crushed rolled stone to a depth of no less than 125mm.
• The footpath should be a minimum width of two metres.
• The owner or occupier of the land is responsible for maintaining trees and other vegetation to prevent obstruction or danger to users of the right of way. Furthermore, planting must not disturb the surface of the right of way.
• The granting of planning permission does not authorise developers to obstruct a public right of way.
• Please note that if public safety demands a temporary closure, application should be made at least 6 weeks in advance to: the Public Rights of Way Mapping Team at Worcestershire County Council prowclosures@worcestershire.gov.uk.
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| If it is necessary to divert a public right of way from its definitive line to facilitate development, this must be arranged through the District Council in accordance with the provisions of the Town and Country Planning Act 1990. |
| Importation of Materials: Upon review of the planning documents, we note the proposed bunds are to be built using imported clean soil material from greenfield sites and transported under the CL:AIRE protocol. Providing that the DoWCoP is followed in full we would raise no objections to the materials coming onto site. However, materials not used in accordance with this may be deemed as waste and will require the relevant environmental permits for deposition. A formal declaration must be submitted by a Qualified Person before any use of materials on site or transfer onto the site is allowed and a verification report is required to be completed at the end of the project and a copy submitted to CL:AIRE.
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| Removal of Waste off site: When removing waste off-site the developer must meet their waste duty of care requirements, whereby surplus or unacceptable materials shall be disposed of by the Contractor.
The Code of Practice (the Code) sets out practical guidance on how to meet the waste duty of care requirements. It is issued under section 34(7) of the Environmental Protection Act 1990 (EPA) in relation to the duty of care set out in Section 34(1) of that Act.
This Code applies if you import, produce, carry, keep, treat, dispose of or, as a dealer or broker have control of, certain waste in England or Wales. Failure to comply with the duty of care is an offence with no upper limit on the courts’ power to fine. In some instances, a fixed penalty notice may be issued for failure to comply with the duty of care in place of prosecution. The Code is admissible as evidence in legal proceedings for Section 34(1) offences and its rules must be taken into account where relevant to questions raised in the case.
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| Storage of Waste: Surplus or unacceptable materials can be stored onsite under the Waste exemption: ‘Waste Framework Directive 2: temporary storage at the place of production.’ This exemption allows the developer to temporarily store any waste at the place of production before it is collected. You cannot store waste at the site if it was produced somewhere else, though any waste can be temporarily stored at the place of production before it is collected.
Main conditions of this exemption are that the waste must:
• be stored in a secure place,
• not be stored for longer than 12 months.
Although you do not have to register for this exemption, you must still comply with the terms and conditions of the exemption. Please see the following link for further information: NWFD 2 waste exemption: temporary storage where waste is produced - GOV.UK
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| The site should also consider minimising the risk of debris and mud on the nearby road (A443) particularly during wet periods. The applicant could consider monitoring the road and implementing a road-sweep if lots of mud and debris escapes the site.
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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 |
