| 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 – 2009-1000, 2009-1010, 2009-2000, 3000.
Reason: To define the permission in accordance with policies SWDPR01 and SWDPR03 of the South Worcestershire Development Plan Review 2026 and the National Planning Policy Framework. |
| 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 6 have been complied with:
1. A preliminary risk assessment must be carried out. This study shall take the form of a Phase I desk study and site walkover and shall include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and any other relevant information. The preliminary risk assessment report shall contain a diagrammatical representation (conceptual model) based on the information above and shall include all potential contaminants, sources and receptors to determine whether a site investigation is required and this should be detailed in a report supplied to the Local Planning Authority. The risk assessment must be approved in writing before any development takes place.
2. Where an unacceptable risk is identified a scheme for detailed site investigation must be submitted to and approved in writing by the Local Planning Authority prior to being undertaken. 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.
3. Detailed site investigation and risk assessment must be undertaken and a written report of the findings produced. This report must be approved by the Local Planning Authority prior to any development taking place. The investigation and risk assessment must be undertaken by competent persons and must be conducted in accordance with the Environment Agency's "Land Contamination: Risk Management" guidance.
4. 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.
5. 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.
6. 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.
7. 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
Pre-commencement conditions for contaminated land risk assessment are considered necessary for the following reasons:
- There is potential for contamination to exist on the site. The degree and extent of contamination is currently unknown. More information relating to ground conditions is required to determine whether or not remediation will be required (prior to any construction work commencing).
- Where remediation is necessary, this remediation may involve work/techniques that need to be completed before any development is commenced, for example the removal from site of contaminated soils/underground structures, the design and incorporation of gas protection measures in any buildings etc. To carry out such work after construction has started/been completed, may require potentially expensive retro-fitting and in some cases the demolition of construction work already completed.
Paragraph 196 of the NPPF requires development to be suitable for its proposed use taking account of ground conditions, any risks arising from contamination, and any proposals for mitigation, including land remediation. Paragraph 196 goes on to state that after remediation, as a minimum, land should not be capable of being determined as Contaminated Land under Part 2A of the Environmental Protection Act 1990.
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| The development hereby permitted shall not be occupied/first used 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 SWDPR 38, SWDPR 39 and SWDPR 40 of the South Worcestershire Development Plan Review 2026.
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| No development shall take place until a percolation test has been carried out in accordance with BRE Digest 365, or such other equivalent guidance as may be agreed in writing by the Local Planning Authority. The results of the percolation test shall be submitted to and agreed in writing by the Local Planning Authority. If the percolation test results show that ground conditions are unsuitable for some, or all, types of infiltration device then an alternative method of surface water disposal will need to be submitted for approval. The agreed recommendations shall be implemented in full prior to the first occupation of the development.
Reason: To ensure that the site can be adequately drained in accordance with policy SWDPR 39 of the South Worcestershire Development Plan Review 2026. |
| Prior to the first use of the building hereby approved secure parking for cycles to comply with the Council’s standards shall be provided within the application site area and these facilities shall thereafter be retained for the parking of cycles only.
Reason: To promote sustainable travel and reduce car dependence in accordance with policies SWDPR06 and SWDPR28 of the South Worcestershire Development Plan Review 2026. |
| Prior to the first use of the development hereby approved, details of a bat roosting feature [and / or bird nesting box] shall be submitted to and approved in writing by the Local Planning Authority. The details to be submitted shall include an implementation timetable. The feature(s) shall be provided in accordance with the approved details and in accordance with the approved timetable.
Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDPR29 of the South Worcestershire Development Plan Review 2026. |
| Prior to the development hereby approved being first used, following the demolition of the buildings shown on plan 2009 2000, the site must be cleared of all the resulting materials (apart from materials used in the construction of the development hereby approved).
Reason: In the interests of visual amenity in accordance with policies SWDPR05, SWDPR28 and SWDPR34 of the South Worcestershire Development Plan Review 2026. |
| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:
- considering the imposition of conditions
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. |
| Buildings, and particularly roofs and the spaces underneath them, are frequently used as roosting sites by bats. Bats and their roost sites are protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats & Species Regulations 2017 (as amended), the latter of which deems them a European Protected Species. It is a criminal offence to damage or destroy a roost (even if bats are not occupying the roost at the time), to deliberately kill or injure a bat, disturb a bat in its roost, or intentionally or recklessly obstruct access to a bat roost. Planning consent for a development does not provide a defence against prosecution under these acts.
Any removal of roof and wall coverings including roof tiles, slates, hanging tiles, timber boarding, timber window frames, soffit boxes and fascia boards shall be carried out carefully by hand. If bats or any sign of bats, such as accumulation of droppings are encountered at any stage of the work, work must cease immediately and advice sought from an appropriately licenced bat ecologist on how to proceed lawfully. All contractors working on site should be made aware of the advice and provided with contact details of a relevant ecological consultant.
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| The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. |
