Application Number M/25/00346/OUT
Status Application Approved

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Planning Online Status


  • Application
    Valid
    04/03/2025
  • Consultation
    End
    04/04/2025
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    13/05/2025
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/25/00346/OUT
Location Address Land At (Os 8568 4948) Brookend Lane Kempsey
Proposal Outline planning application for residential development (Use Class C3) for up to 40 dwellings and associated access, with all other matters reserved - (VARIATION OF CONDITION 10 [ARCHAEOLOGY] OF OUTLINE PLANNING PERMISSION M/22/00967/OUT)
Status Approval
Application Type Outline Application
Appeal Decision N/A

Important Dates
Application Received Date 04/03/2025
Application Valid Date 04/03/2025
Consultation Start Date 06/03/2025
Site Visited / Site Notice Date
Consultation End 04/04/2025
Advert Expiry 04/04/2025
Committee Date (if applicable)
Committee Agenda
Decision Date 13/05/2025

Further Information
Expected Decision Level Delegated
Case Officer Hayley Jones
Parish Kempsey CP
Ward Kempsey Ward
Applicant Cotswold Oak Ltd
Agent Mr James Griffin, Zesta Planning Ltd
Agent Address The Site Chosen View Road Cheltenham GL51 9LT

Condition Details / Information Notes
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: To conform with the requirements of Sections 73 and 91 of the Town and Country Planning Act 1990 (as amended).
Approval of the details of the appearance, landscaping, layout and scale including details of the levels of the existing site and the precise floor slab levels of the approved dwelling(s), relative to the existing development on the boundary of the site (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 - 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.
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 provided on the application form and the following plans/drawings/documents – Location plan, Illustrative Master Plan PO1 Rev A, land use parameters plan 381 Rev D & Access Plan 001 Rev D. Reason: To define the permission.
No works in connection with site drainage shall commence until a scheme for a surface water drainage strategy for the proposed development has been submitted to, and approved in writing by the Local Planning Authority. The strategy shall include details of surface water drainage measures, including for hardstanding areas, and shall include the results of an assessment into the potential of disposing of surface water by means of a sustainable drainage system (SuDS) and shall conform to the drainage strategy submitted in this application (KEM-BWB-ZZ-XX-RP-CD-0001_SDS_S2.P06). If possible infiltration techniques are to be used and the plan shall include the details and results of field percolation tests. The scheme should include run off treatment proposals for surface water drainage. The scheme should include proposals for informing future homeowners or occupiers of the arrangements for maintenance of communal surface water drainage assets. The approved surface water drainage scheme shall be implemented prior to the first use of the development and thereafter maintained in accordance with the agreed scheme. 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.
No works or development shall take place until a construction surface water management plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include how surface water will be managed during the construction phase, including site clearance, soil stripping and pond amendments. The plan shall include drawings of any temporary drainage systems, a timeline of construction and measures to mitigate the risk of pollution (including silt) of the water environment and offsite flood risk. The plan shall detail how the approved permanent surface water drainage system shall be remediated during the construction phase. The approved construction surface water management plan shall be implemented as soon as works start on site thereafter maintained during the full duration of the construction phase. 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.
Before development commences, a lighting assessment undertaken in accordance with Worcestershire County Council’s Street Lighting Design Guide shall be submitted to the Local Planning Authority (and Worcestershire County Council Highways). The development shall not be occupied until the submitted scheme has been agreed in writing by the Local Planning Authority, in consultation with Worcestershire County Council Highways, and has been implemented in full. Reason: In the interests of highway safety
The Development hereby approved shall not be occupied until the offsite works comprising:- • Proposed A38 Puffin Crossing with Forward Visibility Splays in accordance with drawing 004 has been constructed and completed. Reason: To ensure the safe and free flow of traffic onto the highway.
Before development commences, a detailed scheme for the site access works at Brookend Lane shall be submitted to the Local Planning Authority (and Worcestershire County Council Highways). The development shall not be occupied or brought into use until the submitted scheme, which is broadly in accordance with drawing 001 Rev D, subject to any necessary changes identified during the detailed design and Road Safety Audit processes, has been agreed in writing by the Local Planning Authority, in consultation with Worcestershire County Council Highways, and has been implemented in full. Reason: In the interests of achieving safe and suitable highway access for all users.
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 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 Archaeological Strip, Map and Sample, Version 2, dated November 2024’ produced by Archaeology Warwickshire approved by Aidan Smyth on the 14th March 2025 and the provision made for analysis, publication and dissemination of results and the archive deposition has been secured. Reason: In accordance with the requirements of paragraphs 207 and 218 of the National Planning Policy Framework (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.
The Development hereby approved shall not be occupied until the Applicant has submitted to and had approval in writing from the Local Planning Authority a residential Travel Welcome Pack promoting sustainable forms of access to the development. The pack shall be provided to each resident at the point of occupation. Reason: To reduce vehicle movements and promote sustainable access.
Before the commencement of construction works on the development hereby permitted a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscape scheme shall reflect the requirements of the BNG Plan and shall include the following:- 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 (including details of species mixes and habitat structure as relevant). (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 or moribund shall be replaced in the next planting season with others of similar size and species. Reason - To protect the amenities of properties and 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 and 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 SWDP22 and SWDPR27, NPPF paragraphs 174 and 180 and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017.
To combine the future long-term management of landscape and biodiversity features. Within one month after the commencement of development hereby approved a landscape and ecological management plan (LEMP) shall be submitted to and agreed in writing by the Local Planning Authority. The content of the LEMP shall be based on the approved Landscape Scheme and guided by the requirement to achieve the approved Biodiversity Net Gain Plan and maintain this after implementation. It shall include the following: a. Description and evaluation of the features to be managed; b. Ecological trends and constraints on site that might influence management. c. Aims and objectives of management; d. Appropriate management options for achieving aims and objectives; e. Prescriptions for management actions (to include management plan for water vole and otters); f. Preparation of a work schedule, including an annual work plan capable of being rolled forward over a five-year period and for the lifetime of the development (or a minimum of 30 years) thereafter; g. Details of the body or organisation responsible for implementation of the plan; h. On-going monitoring, timescales and remedial measures and their triggers The plan shall also set out where the results of the monitoring show that conservation aims and objectives of the LEMP are not being met, how contingencies and/or remedial action identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The LEMP will be implemented in accordance with the approved details. Reason: To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site, and to ensure the proposal harmonises with the surroundings in accordance with policies SWDP21, SWDP22, SWDPR27 and SWDP25 of the South Worcestershire Development Plan and NPPF paragraphs 174 and 180.
Prior to commencement of the development hereby approved a “lighting design strategy for biodiversity” shall be submitted to and approved in writing by the local planning authority. The strategy shall be informed by updated bat surveys and shall: a. Identify those areas/features on site that are particularly sensitive for nocturnal wildlife and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and b. Show how and where external lighting will be installed and impacts of internal light spill (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. This will include the provision of dark corridor conditions (LUX levels at or below 0.4 in the vertical plane and 0.2 LUX in the horizontal plane) for Hatfield Brook corridor, retained trees, hedgerows and commuting routes for bats. All lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority. Reason: To ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 and minimise impacts on protected species in accordance with local Policy SWDP22 and SWDPR27, and NPPF paragraphs 174, 180 and 185.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- providing pre-application advice, seeking further information following receipt of the application, seeking amendments to the proposed development following receipt of the application and considering the imposition of conditions and the completion of a s.106 legal agreement. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
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; and • A highway condition survey, timescale for re-inspections, and details of any 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.
The applicants attention is drawn to the existence of an agreement made under Section 106 of the Town and Country Planning Act 1990 (as amended), and the restrictions imposed therein.

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Neighbour and Other Response
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.


Address Sent Reply Received
27 Rookery Road Kempsey WORCESTER WR5 3JP 12/03/2025
4 Byefields Kempsey WORCESTER WR5 3NN 16/03/2025
2 St Marys Close Kempsey WORCESTER WR5 3JX 18/03/2025
9 Brook Side Kempsey WORCESTER WR5 3LB 25/03/2025
43 Oakfield Drive Kempsey WORCESTER WR5 3PW 12/03/2025
26 Mercia Way Kempsey WORCESTER WR5 3QZ 19/03/2025
16 The Limes Kempsey WORCESTER WR5 3LG 13/03/2025
18 The Limes Kempsey WORCESTER WR5 3LG 14/03/2025
34 The Limes Kempsey WORCESTER WR5 3LG 06/03/2025 18/03/2025
18 Brookend Lane Kempsey WORCESTER WR5 3LD 06/03/2025
18 Wessex Grove Kempsey WORCESTER WR5 3UZ 06/03/2025
20 Brookend Lane Kempsey WORCESTER WR5 3LD 06/03/2025
20 Wessex Grove Kempsey WORCESTER WR5 3UZ 06/03/2025
25 Brookend Lane Kempsey WORCESTER WR5 3LD 06/03/2025
27 Brookend Lane Kempsey WORCESTER WR5 3LD 06/03/2025
29 Brookend Lane Kempsey WORCESTER WR5 3LD 06/03/2025
31 Brookend Lane Kempsey WORCESTER WR5 3LD 06/03/2025
32 The Limes Kempsey WORCESTER WR5 3LG 06/03/2025
8 Brook Side Kempsey WORCESTER WR5 3LB 06/03/2025
Dene House 2 Brook Close Kempsey WORCESTER WR5 3LE 06/03/2025
Glenfield Brookend Lane Kempsey WORCESTER WR5 3LD 06/03/2025
Taormina 1 Brook Close Kempsey WORCESTER WR5 3LE 06/03/2025
1 Church Street Kempsey WR5 3JG 06/03/2025
10 Brook Side Kempsey WR5 3LB 06/03/2025
10 Old Road North Kempsey WR5 3JZ 06/03/2025
11 Christina Close Kempsey WR5 3QX 06/03/2025
11 Old Road North Kempsey WR5 3JZ 06/03/2025
12 Constantine Close Kempsey WR5 3WH 06/03/2025
13 Byefields Kempsey WR5 3NN 06/03/2025
14 Meadow Close Kempsey WR5 3NL 06/03/2025
16 The Limes Kempsey WR5 3LG 06/03/2025
18 Broomhall Cottages Broomhall Norton WORCESTER WR5 2NX 06/03/2025
18 Squires Walk Kempsey WR5 3JB 06/03/2025
19 Squires Close Kempsey WR5 3JE 06/03/2025
2 St Marys Close Kempsey WR5 3JX 06/03/2025
21 Fortuna Way Kempsey WR5 3WL 06/03/2025
21 Kings Hill Kempsey WR5 3LJ 06/03/2025
22 Juno Close Kempsey WR5 3WJ 06/03/2025
22 Old Road North Kempsey WR5 3JZ 06/03/2025
26 Mercia Way Kempsey WR5 3QZ 06/03/2025
27 Rookery Road Kempsey WR5 3JP 06/03/2025
3 The Oaks Kempsey WR5 3PN 06/03/2025
36 Fortuna Way Kempsey WR5 3WL 06/03/2025
4 Byefields Kempsey WR5 3NN 06/03/2025
43 Oakfield Drive Kempsey WR5 3PW 06/03/2025
50 Sallowbed Way Kempsey WR5 3WP 06/03/2025
53 Sallowbed Way Kempsey WR5 3WP 06/03/2025
54 Sallowbed Way Kempsey WR5 3GN 06/03/2025
57 The Limes Kempsey WR5 3LG 06/03/2025
7 Adelaide Close Kempsey WR5 3SB 06/03/2025
7 Brook Side Kempsey WR5 3LB 06/03/2025
Appleacre 16 Brookend Lane Kempsey WR5 3LD 06/03/2025
Clareland Old Road South Kempsey WR5 3NJ 06/03/2025
Cleeve Court 38 Old Road North Kempsey WR5 3JZ 06/03/2025
Cleeve Oak Brookend Lane Kempsey WR5 3AL 06/03/2025
Highfield Post Office Lane Kempsey WR5 3NS 06/03/2025
Hollygate Ellsdon Kempsey WR5 3NT 06/03/2025
Quaking House 5 Bestmans Lane Kempsey WR5 3PZ 06/03/2025
Sutton House 11 Squires Walk Kempsey WR5 3JD 06/03/2025
Tanglin Green Street Kempsey WR5 3QB 06/03/2025
Taormina 1 Brook Close Kempsey WR5 3LE 06/03/2025
The Dell 9 Squires Walk Kempsey WR5 3JD 06/03/2025
9 Brook Side Kempsey WORCESTER WR5 3LB 06/03/2025 25/03/2025

Consultee List


Name Organisation Sent Reply Due Reply Received
Aidan Smyth MHDC Archaeology & Planning Advisor 06/03/2025 27/03/2025
Asset Protection Team Severn Trent Water Limited 06/03/2025 27/03/2025
Cllr D Harrison Kempsey Ward 06/03/2025 27/03/2025
Cllr J. Michael Kempsey Ward 06/03/2025 27/03/2025
Delegated Commissioning Team NHS Herefordshire & Worcs Integrated Care Board 06/03/2025 27/03/2025
Drainage Engineer Engineers - S.W. Land Drainage Partnership 06/03/2025 27/03/2025
Environment Agency Environment Agency 06/03/2025 27/03/2025
Highways County Highways 06/03/2025 27/03/2025
Housing Team - MHDC Housing - MHDC 06/03/2025 27/03/2025
Jackie Godfrey-Hunt West Mercia Police, Design Out Crime Officer 06/03/2025 27/03/2025
Jonathan Brierley The Open Spaces Society 06/03/2025 27/03/2025
Lead Local Flood Authority WCC Lead Local Flood Authority 06/03/2025 27/03/2025
Matt Barker MHDC & WDC Carbon Reduction Project Officer 06/03/2025 27/03/2025
MHDC Community Services Manager MHDC Community Services Manager 06/03/2025 27/03/2025
MHDC Conservation Officer MHDC Development Plans & Conservation 06/03/2025 27/03/2025
MHDC Contract Services MHDC Contract Services 06/03/2025 27/03/2025
MHDC Economic Development MHDC Economic Development 06/03/2025 27/03/2025
MHDC Legal Services MHDC Legal Services 06/03/2025 27/03/2025
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 06/03/2025 27/03/2025
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 06/03/2025 27/03/2025
Mr R Cooper & Mr J Jennings Hereford & Worcester Fire Service 06/03/2025 27/03/2025
Mrs S Dunn Kempsey Parish Council 06/03/2025 27/03/2025
Policy Plans - General Policy Plans - General 06/03/2025 27/03/2025
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 06/03/2025 27/03/2025
Sufficiency and Place Planning Worcestershire Children's Services 06/03/2025 27/03/2025
Urban Design Consultation MHDC & WDC Urban Design 06/03/2025 27/03/2025
WOR192/1 Worcestershire Acute Hospitals NHS Trust 06/03/2025 27/03/2025
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 06/03/2025 27/03/2025
Worcestershire County Council (Footpaths) WCC - Footpaths 06/03/2025 27/03/2025
Worcestershire Regulatory Services - Nuisance Worcestershire Regulatory Services 06/03/2025 27/03/2025

Constraints List


Constraints List
CIL009 - Non-Urban Area
Conservation Area 25m buffer: Kempsey Conservation Area
Conservation Area 0 buffer: Kempsey Conservation Area
s106: Land at (OS 8568 4948), Brookend Lane, Kempsey Ref No: S106-597
Surface Water: 1 in 30 extent.
Surface Water: 1 in 100 extent.
Surface Water: 1 in 1000 extent
Top Bank - Environment Agency Advice
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- KP-561 B
Public Right of Way: Type- Footpath. Path No- KP-563 C
Public Right of Way: Type- Footpath. Path No- KP-562 B
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)
Policy Case HLA - MHDC/412/HOU. Land At (Os 8568 4948), Brookend Lane, Kempsey, Try postcode WR5 3LD. Outline planning application for residential development (Use Class C3) for up to 40 dwellings and associated access, with all other matters reserved.. Affordable. Large windfall (HLA only)
SWDP 6: Conservation Area
SWDP 15: Designated Rural Areas
SWDP 2: Development Boundary
SWDP 5: Protect and Restore
SWDP 5: Urban - Unsurveyed
Neighbourhood Plan: Development Boundaries
Neighbourhood Plan: NPA Boundaries
Paper: Malvern Gazette - Friday
No associated appeals