| 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 – 4707A-01; 4707LP-01 REV 01; 4707BP-01.
Reason: To define the permission. |
| Prior to the commencement of the development hereby approved, a Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The content of the LEMP shall be based on the recommendations made in the approved Biodiversity Gain Plan, the approved Landscaping Scheme and informed by a BNG assessment and associated metric calculations and shall be maintained after implementation. It shall include the following:
- Description and evaluation of the features to be managed;
- Ecological trends and constraints on site that might influence management;
- Aims and objectives of management;
- Appropriate management options for achieving aims and objectives;
- Prescriptions for management actions;
-Preparation of a work schedule, including an annual work plan capable of being rolled forward over a five-year period and for a minimum of 30 years thereafter;
- Details of the body or organisation responsible for implementation of the plan;
- On-going monitoring and remedial measures.
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 that the proposal harmonises with the surroundings in accordance with SWDP 21, SWDP 22 and SWDP 25 of the South Worcestershire Development Plan 2016. |
| The Development hereby approved shall not be brought into use until the access, parking and turning facilities have been provided as shown on drawing 4707BP-01 FINAL.
Reason: To ensure conformity with summited details. |
| No external lighting shall be provided other than the maximum of one external LED down-lighter above or beside each external door (and below eaves height) with a Corrected Colour Temperature not exceeding 2700K and brightness under 500 lumens. Every such light shall be directed downwards with a 0 degree tilt angle and 0% upward light ratio and shall be controlled by means of a PIR sensor with a maximum over-run time of 1 minute. The Lighting shall be maintained thereafter in accordance with these details.
Reason: To ensure that all species and local intrinsically dark landscape are protected having regard to TheWildlife & Countryside Act (1981
amended); National Planning Policy Framework, NERC Act (2006) and Policy SWDP22 of the South Worcestershire Development Plan 2016. |
| There shall be no more than 1 lodges sited within the application site at any one time.
Reason: To define the terms of this permission |
| The shepherds huts shall be used for holiday accommodation and for no other purpose (including any other purpose in Class 3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.
Reason: The local planning authority wish to control the specific use of the land/premises, in the interest of local amenity and to comply with Policies SWDP2 and SWDP21 of the South Worcestershire Development Plan, and the National Planning Policy Framework |
| The approved Biodiversity Gain Plan required by paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990 shall be implemented in accordance with the details and timescale agreed within the Plan and maintained thereafter in accordance with the approved Landscape and Ecological Management Plan (LEMP).
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 SWDP 22 of the South Worcestershire Development Plan 2016. |
| 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 effect of paragraph 13 of Schedule 7A of 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 Biodiversity Gain Plan has been submitted to the local planning authority; and
- The planning authority has approved the plan.
Subject to paragraph 14(2) of Schedule 7A of the Town and Country Planning Act 1990, the Biodiversity Gain Plan must include:
- Information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the on-site habitat and any other habitat;
- The pre-development biodiversity value of the on-site habitat;
- The post-development biodiversity value of the on-site habitat;
Advice about how to prepare a Biodiversity Gain Plan, as well as a template, can be found at: https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan. |
| The Authority would advise the applicant (and their contractors) that they have a legal Duty of Care as regards wildlife protection. The majority of UK wildlife is subject to some level of legal protection through the Wildlife & Countryside Act (1981 as amended) , with enhanced protection for special “Higher Status Protected Species” such as all Bat species, Great Crested Newts, Otters, Dormice, Crayfish and reptile species that are present and widespread across the County. All nesting birds are legally protected from disturbance at any time of the year. Care should be taken to plan work and at all times of the year undertake the necessary precautionary checks and develop relevant working methods prior to work commencing. If in any doubt it advised that advice from a local professional ecology consultant is obtained. If any protected species or other wildlife is found or disturbed during works then all works should stop and the site made safe until professional ecology advice and any required ‘licences’ have been obtained. Any additional lighting should fully respect locally dark landscapes and associated public amenity and nature conservation interests. |
| Malvern Hills District Council would remind the operators of the units that they will need to make provision for commercial waste arrangements and should not dispose of any waste associated with the use of the holiday units the by using the service provided for households. Further advice can be sought from Malvern Hills District Council.
https://www.malvernhills.gov.uk/waste-and-recycling/commercial-waste
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