| Application Number | M/24/01523/FUL |
| Status | Application Approved |
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Planning Online Status
-
Application
Valid05/12/2024 -
Consultation
End27/03/2025 -
Committee
MeetingN/A -
Decision Approval -
Decision
Date15/04/2025 -
Appeal
StartedN/A -
Appeal
DecisionN/A
| Summary | |
| Application Number | M/24/01523/FUL |
| Location Address | Summerhill Bath Road Broomhall WORCESTER WR5 3HR |
| Proposal | Erection of one self-build 4 bed dwelling and detached garage |
| Status | Approval |
| Application Type | Full planning permission |
| Appeal Decision | N/A |
| Important Dates | |
| Application Received Date | 25/10/2024 |
| Application Valid Date | 05/12/2024 |
| Consultation Start Date | 13/11/2024 |
| Site Visited / Site Notice Date | |
| Consultation End | 27/03/2025 |
| Advert Expiry | |
| Committee Date (if applicable) | |
| Committee Agenda | |
| Decision Date | 15/04/2025 |
| Further Information | |
| Expected Decision Level | Delegated |
| Case Officer | Jack Hanly |
| Parish | Kempsey CP |
| Ward | Kempsey Ward |
| Applicant | Mr Terence O'Sullivan |
| Agent | Mr Chris Partington, Zebra Architects Ltd |
| Agent Address | Zebra Architects Limited 30 St Georges Square Worcester WR1 1HX |
| 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 – - 24223-24-01- Topographical - PL 020- rev D - PL 021- rev B - PL 010- rev C - PL 040- rev C - PL 001- rev C - PL 005- rev G - PL 030- rev B - FM096-XX-XX-DR-0001- Rev P1 - P7314-R2-V1- Air Quality Assessment- Version 1- 12th April 2024 Reason: To define the permission. |
| The development hereby permitted shall not be brought into use until the parking and turning facilities shown on approved plan ‘PL 005- rev G’, have been constructed and these areas shall thereafter be retained and kept available for those uses at all times. Reason: In order to ensure highway and pedestrian safety and the free flow of traffic using the adjoining highway in accordance with Policies SWDP 4 and SWDP 21 of the South Worcestershire Development Plan (2016), Worcestershire County Council Streetscapes Design Guide (2022) and Chapter 9 of the National Planning Policy Framework. |
| Prior to the first occupation of the dwelling hereby approved secure parking for three bicycles shall be provided within the curtilage of the dwelling and these facilities shall thereafter be retained for the parking of cycles only. Reason: In order to promote the use of sustainable travel modes in accordance with Policies SWDP 4 and SWDP 21 of the South Worcestershire Development Plan (2016), Worcestershire County Council Streetscapes Design Guide (2022) and Chapter 9 of the National Planning Policy Framework. |
| The visibility splays shown on approved plan ‘PL 005- rev G’, shall be retained throughout the lifetime of the development. Reason: In order to ensure highway and pedestrian safety in accordance with Policies SWDP 4 and SWDP 21 of the South Worcestershire Development Plan (2016), Worcestershire County Council Streetscapes Design Guide (2022) and Chapter 9 of the National Planning Policy Framework. |
| No building operations hereby permitted shall commence until details of the materials to be used in the construction of the external surfaces of the dwelling hereby approved, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In order to ensure that the new materials are in keeping with the surrounding area and represent quality design in accordance with Policy SWDP 21 of the South Worcestershire Development Plan (2016), the South Worcestershire Design Guide Supplementary Planning Document (2018) and the National Planning Policy Framework |
| Prior to the commencement of development, a Tree Protection Plan and Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details. Reason: In order to ensure the appropriate protection and management of trees located within the application site in accordance with Policies SWDP 5 and SWDP 21 of the South Worcestershire Development Plan (2016), the South Worcestershire Design Guide Supplementary Planning Document (2018) and Chapter 15 of the National Planning Policy Framework. |
| Prior to first occupation of the development hereby permitted a scheme of landscaping shall be 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. 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 SWDP 21 and SWDP 25 of the South Worcestershire Development Plan (2016), the South Worcestershire Design Guide Supplementary Planning Document (2018) and Chapter 15 of the National Planning Policy Framework. |
| Before the first use/occupation of the development hereby permitted a plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved in writing by the local planning authority. This shall include details of the extent, construction and surface density of the proposed acoustic grade fence. The boundary treatment shall be completed prior to first occupation of the development hereby permitted and thereafter maintained in accordance with the approved details. Reason: To protect the residential amenity of the occupiers of surrounding properties and ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with Policies SWDP 21 and SWDP 25 of the South Worcestershire Development Plan (2016) and Chapter 12 of the National Planning Policy Framework. |
| The development hereby permitted shall not be occupied 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 SWDP 28, SWDP 29 and SWDP 30 of the South Worcestershire Development Plan and Chapter 14 of the National Planning Policy Framework. |
| No development shall take place until an ecological mitigation, compensation and enhancement scheme has been drawn up by a suitably qualified Ecologist and submitted to and approved in writing by the local planning authority. The scheme shall be based on the recommendations contained within '176-E-RP-PL-1663PEA- Preliminary Ecological Appraisal- Version V1- 23 October 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 in accordance with Policy SWDP 22 of the South Worcestershire Development Plan (2016) and paragraphs 187, 192 and 193 of the National Planning Policy Framework (NPPF) and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended). |
| 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, in accordance with Policy SWDP 31 of the South Worcestershire Development Plan (2016) and Chapter 15 of the National Planning Policy Framework. |
| The dwelling hereby approved shall be constructed in accordance with the noise mitigation measures relating to glazing and alternative ventilation, as outlined within the submitted noise impact assessment (P7314-R1-V1- Noise Impact Assessment Report- Version 1- 3rd June 2024). Reason: In order to preserve residential amenity and to prevent unacceptable noise pollution to the detriment of human health in accordance with Policy SWDP 31 of the South Worcestershire Development Plan (2016) and Chapter 15 of the National Planning Policy Framework. |
| Prior to first occupation of the dwelling hereby approved, a Water Management Strategy which provides details, including supporting figures, demonstrating how the development will ensure that the daily non-recycled water use per person will not exceed 110 litres per day, shall be submitted to and approved in writing by the Local Planning Authority. Reason: In order to ensure that the development complies with Policy SWDP 30 of the South Worcestershire Development Plan (2016) and Chapter 14 of the National Planning Policy Framework. |
| No development shall take place 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; - 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. 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 in writing by the local planning authority. Reason: To ensure the provision of adequate on-site facilities in the interests of highway safety, in accordance with Policy SWDP 4 of the South Worcestershire Development Plan (2016) and Chapter 9 of the National Planning Policy Framework. |
| Positive and Proactive Statement. Following the submission of amended plans and information, the planning application sought an acceptable form of development consistent with the requirements of relevant policies and material considerations. No further amendments or alterations were therefore required and no further positive or proactive action was deemed necessary. |
| In addition to obtaining planning permission any works, in, over or under, or within 8 metres of the top of the bank of any Main River may require a FRAP from us under the Environmental Permitting (England and Wales) Regulations 2016. For pre-application discussions, we recommend the applicant contact our area Partnerships & Strategic Overview (PSO) Team at: pso.midswest@environment-agency.gov.uk to discuss this further. To apply for a FRAP please email our National team at: flood.permitting@environment-agency.gov.uk |
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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.
| Address | Sent | Reply Received |
|---|---|---|
| Natural England County Hall, Spetchley Road, Worcester, UK, WR5 2NP | 28/11/2024 | |
| Clerkenleap Service Station Bath Road Broomhall WORCESTER WR5 3HR | 09/12/2024 | |
| Imperial Commercials Bath Road Broomhall WORCESTER WR5 3HR | 09/12/2024 | |
| Spar Supermarket At Clerkenleap Service Station Bath Road Broomhall WORCESTER WR5 3HR | 09/12/2024 | |
| The Bungalow Severn Motor Yacht Club Bath Road WR5 3HR | 12/12/2024 | |
| Severn Motor Yacht Club Bath Road WR5 3HR | 12/12/2024 |
Consultee List
| Name | Organisation | Sent | Reply Due | Reply Received |
|---|---|---|---|---|
| Canal & River Trust Spatial Planning Team | Canal & River Trust | 12/11/2024 | 03/12/2024 | |
| Cllr D Harrison | Kempsey Ward | 12/11/2024 | 03/12/2024 | |
| Cllr J. Michael | Kempsey Ward | 12/11/2024 | 03/12/2024 | |
| Consultation Service | Natural England | 12/11/2024 | 03/12/2024 | |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 12/11/2024 | 03/12/2024 | |
| Esso Petroleum Co Limited | Esso Petroleum Co Limited | 12/11/2024 | 03/12/2024 | |
| Fisher German LLP | Exolum Pipeline System Ltd | 12/11/2024 | 03/12/2024 | |
| Highways | County Highways | 12/11/2024 | 03/12/2024 | |
| Housing Team - MHDC | Housing - MHDC | 12/11/2024 | 03/12/2024 | |
| Jonathan Brierley | The Open Spaces Society | 12/11/2024 | 03/12/2024 | |
| Lead Local Flood Authority | WCC Lead Local Flood Authority | 12/11/2024 | 03/12/2024 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 12/11/2024 | 03/12/2024 | |
| Mrs S Dunn | Kempsey Parish Council | 12/11/2024 | 03/12/2024 | |
| Policy Plans - General | Policy Plans - General | 12/11/2024 | 03/12/2024 | |
| Ramblers Association (Worcestershire Area) | Ramblers Association (Worcestershire Area) | 12/11/2024 | 03/12/2024 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 12/11/2024 | 03/12/2024 | |
| Worcestershire County Council (Footpaths) | WCC - Footpaths | 12/11/2024 | 03/12/2024 | |
| Worcestershire Wildlife Trust | Worcestershire Wildlife Trust | 12/11/2024 | 03/12/2024 | |
| Environment Agency | Environment Agency | 13/11/2024 | 04/12/2024 | |
| MHDC Tree and Landscape Officer | MHDC Tree and Landscape Officer | 13/11/2024 | 04/12/2024 | |
| Worcestershire Regulatory Services - Air Quality | Worcestershire Regulatory Services | 13/11/2024 | 04/12/2024 | |
| Worcestershire Regulatory Services - Nuisance | Worcestershire Regulatory Services | 13/11/2024 | 04/12/2024 | |
| Worcestershire County Council (Footpaths) | WCC - Footpaths | 22/11/2024 | 06/12/2024 | |
| Canal & River Trust Spatial Planning Team | Canal & River Trust | 09/12/2024 | ||
| Cllr D Harrison | Kempsey Ward | 09/12/2024 | ||
| Cllr J. Michael | Kempsey Ward | 09/12/2024 | ||
| Consultation Service | Natural England | 09/12/2024 | ||
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 09/12/2024 | ||
| Environment Agency | Environment Agency | 09/12/2024 | ||
| Esso Petroleum Co Limited | Esso Petroleum Co Limited | 09/12/2024 | ||
| Fisher German LLP | Exolum Pipeline System Ltd | 09/12/2024 | ||
| Highways | County Highways | 09/12/2024 | ||
| Housing Team - MHDC | Housing - MHDC | 09/12/2024 | ||
| Jonathan Brierley | The Open Spaces Society | 09/12/2024 | ||
| Lead Local Flood Authority | WCC Lead Local Flood Authority | 09/12/2024 | ||
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 09/12/2024 | ||
| MHDC Tree and Landscape Officer | MHDC Tree and Landscape Officer | 09/12/2024 | ||
| Mrs S Dunn | Kempsey Parish Council | 09/12/2024 | ||
| Policy Plans - General | Policy Plans - General | 09/12/2024 | ||
| Ramblers Association (Worcestershire Area) | Ramblers Association (Worcestershire Area) | 09/12/2024 | ||
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 09/12/2024 | ||
| Worcestershire County Council (Footpaths) | WCC - Footpaths | 09/12/2024 | ||
| Worcestershire County Council (Footpaths) | WCC - Footpaths | 09/12/2024 | ||
| Worcestershire Regulatory Services - Air Quality | Worcestershire Regulatory Services | 09/12/2024 | ||
| Worcestershire Regulatory Services - Nuisance | Worcestershire Regulatory Services | 09/12/2024 | ||
| Worcestershire Wildlife Trust | Worcestershire Wildlife Trust | 09/12/2024 | ||
| Canal & River Trust Spatial Planning Team | Canal & River Trust | 03/03/2025 | 24/03/2025 | 13/03/2025 |
| Cllr D Harrison | Kempsey Ward | 03/03/2025 | 24/03/2025 | |
| Cllr J. Michael | Kempsey Ward | 03/03/2025 | 24/03/2025 | |
| Consultation Service | Natural England | 03/03/2025 | 24/03/2025 | 14/03/2025 |
| Drainage Engineer | Engineers - S.W. Land Drainage Partnership | 03/03/2025 | 24/03/2025 | |
| Environment Agency | Environment Agency | 03/03/2025 | 24/03/2025 | |
| Esso Petroleum Co Limited | Esso Petroleum Co Limited | 03/03/2025 | 24/03/2025 | |
| Fisher German LLP | Exolum Pipeline System Ltd | 03/03/2025 | 24/03/2025 | |
| Highways | County Highways | 03/03/2025 | 24/03/2025 | |
| Housing Team - MHDC | Housing - MHDC | 03/03/2025 | 24/03/2025 | |
| Jonathan Brierley | The Open Spaces Society | 03/03/2025 | 24/03/2025 | |
| Lead Local Flood Authority | WCC Lead Local Flood Authority | 03/03/2025 | 24/03/2025 | |
| MHDC Natural Heritage & Biodiversity Officer | MHDC Natural Heritage & Biodiversity | 03/03/2025 | 24/03/2025 | |
| MHDC Tree and Landscape Officer | MHDC Tree and Landscape Officer | 03/03/2025 | 24/03/2025 | |
| Mrs S Dunn | Kempsey Parish Council | 03/03/2025 | 24/03/2025 | 06/03/2025 |
| Policy Plans - General | Policy Plans - General | 03/03/2025 | 24/03/2025 | |
| Ramblers Association (Worcestershire Area) | Ramblers Association (Worcestershire Area) | 03/03/2025 | 24/03/2025 | |
| Worcestershire & Herefordshire LMC Ltd | Local Medical Committee | 03/03/2025 | 24/03/2025 | |
| Worcestershire County Council (Footpaths) | WCC - Footpaths | 03/03/2025 | 24/03/2025 | |
| Worcestershire Regulatory Services - Air Quality | Worcestershire Regulatory Services | 03/03/2025 | 24/03/2025 | |
| Worcestershire Regulatory Services - Nuisance | Worcestershire Regulatory Services | 03/03/2025 | 24/03/2025 | |
| Worcestershire Wildlife Trust | Worcestershire Wildlife Trust | 03/03/2025 | 24/03/2025 |
Constraints List
| Constraints List |
| SWDP 5: Protect and Restore |
| SWDP 2: Development Boundary |
| SWDP45/1: Mixed Use Allocations |
| SWDP45/1 - Strategic Site |
| Neighbourhood Plan: NPA Boundaries |
| SWDP 17: Travellers and Travelling Showpeople |
| Paper: Malvern Gazette - Friday |
| Top Bank - Environment Agency Advice |
| 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) |
| Canal and River Trust Inner Zone - Consult for all Dev. Types |
| Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish) |
| Housing Accord Agreement Applies. SWDP45/1. Broomhall Community and Norton Barracks (Worcester South urban extension). |
| Policy Case HLA - MHDC/2/WWH. Broomhall Community and Norton Barracks Community (Worcester South Urban Extension), . SWDP45/1 - no longer using this towards remaining allocation - see notes dated 05/12/2024 on notes tab.. Allocation - tenure type unknown. Allocated large |
| Public Right of Way: Type- Footpath. Path No- KP-509 C |
| SWDP 15: Designated Rural Areas |
| SWDP 6: Conservation Area |
| Public Right of Way: Type- Footpath. Path No- KP-501 B |
| Local Wildlife Site within 100m: River Severn |
| TPO REF: TPO/M/696 (2022). ADDRESS: Clerkenleap Service Station Bath Road Broomhall Worcester WR5 3HR |
| Contamination Consult Area - Site Name: NULL Type: Historic landfill site |
| No associated appeals |
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