| 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:
- 001 (Site Location Plan)
- 005 (Proposed Block Plan)
- 006 (Proposed GA & Roof Plans)
- 007 (Proposed Elevations)
- 008 Revision A (Proposed Drainage Layout)
- 60-104 (Drainage Layout Phase 1).
Reason: To define the permission. |
| The premises shall be used for a cafe and toilets ancillary to the activities and uses on the Three Counties Showground site and for no other purpose, including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.
Reason: The site is outside of the settlement boundary but in proximity to Malvern such that this type of main town centre use should be ancillary to the Three Counties Showground use so that it does not compete with those in designated centres and to comply with Policies SWDP2 and SWDP10. |
| Prior to the first use/occupation of the development hereby permitted, the details set out in the submitted Water Management Statement shall be fully implemented and remain thereafter.
Reason: To ensure that an appropriate sustainable drainage system is provided to serve the development in accordance with policy SWDP29 of the South Worcestershire Development Plan 2016. |
| 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 in accordance with Policy SWDP31. |
| (a) No development shall commence until an assessment of the risks posed by any ground gases or vapours has been submitted to and approved in writing by the Local Planning Authority. Such an assessment shall be carried out in accordance with current UK guidance and best practice.
(b) Where the approved risk assessment (required by condition (a) above) identifies ground gases or vapours posing unacceptable risks, no development shall commence until a detailed gas protection measures design and verification plan has been submitted to and approved in writing by the Local Planning Authority. Following approval, such gas protection measures design and verification plan shall be implemented on site in complete accordance with approved details unless otherwise agreed in writing by the Local Planning Authority.
(c) Following implementation and completion of the approved gas protection measures design and verification plan (required by condition (b) above) and prior to the first occupation of the development, a verification report shall be completed in accordance with current UK guidance and best practice and submitted to and approved in writing by the Local Planning Authority to confirm completion of the gas protection measures in accordance with approved details.
(d) The development shall not first be brought into use until a long-term monitoring and maintenance scheme (to include monitoring the long-term effectiveness of the gas protection measures and reporting on the same), where required, has been submitted to and approved by the Local Planning Authority. The approved scheme must be carried out in accordance with its terms, recommendations and time schedules. All further reports produced shall be submitted to and approved in writing by the Local Planning Authority, and then carried out in accordance with its terms, recommendations and time schedules.
Reason: To ensure that the risk to buildings and their occupants from potential landfill or ground gases are adequately addressed and to comply with Policy SWDP31. |
| 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 at the off-site habitat. 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.
|
| 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. |
| 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;
• 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 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 in accordance with Policy SWDP21. |
