Application Number 20/00229/FUL
Status Application Approved

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Planning Online Status


  • Application
    Valid
    20/02/2020
  • Consultation
    End
    27/12/2021
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    24/04/2020
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number 20/00229/FUL
Location Address Mythe Bridge House Ledbury Road Tewkesbury GL20 6AA
Proposal Demolition of existing sub-standard dwelling and erection of 4-bedroom replacement dwelling
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 18/02/2020
Application Valid Date 20/02/2020
Consultation Start Date 06/12/2021
Site Visited / Site Notice Date 21/02/2020
Consultation End 27/12/2021
Advert Expiry 20/03/2020
Committee Date (if applicable)
Committee Agenda
Decision Date 24/04/2020

Further Information
Expected Decision Level Delegated
Case Officer Ian Hiscock
Parish Bushley CP
Ward Longdon Ward - Pre 01/05/23
Applicant Mrs Patricia Curtis
Agent Mr Kenneth Gorman, KPG Design Associates Ltd
Agent Address Cheltenham Business Point 1st & 2nd Floor Office Suite 105-107 Bath Road Cheltenham GL53 7LE

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 provided on the application form and the following plans/drawings/documents Site Location Plan at a scale of 1:1250, 011/111/19 rev 1, 013/111/19, 111/19 rev 2, 01/111/20, 010/111/19, 010/111/19/LS, 119/LZ and 6.2.2 v2. Reason: To define the permission.
Prior to their use samples and trade descriptions of the exterior finishing materials to be used in the construction of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved detail. Reason: To ensure that the new materials are in keeping with the surroundings in accordance with Policies SWDP6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
The development hereby approved shall not be occupied until the first 5.0 metres of the access into the development, measured from the edge of the carriageway, has been surfaced in a bound material. Reason: In the interests of highway safety in accordance with Policies SWDP21 of the South Worcestershire Development Plan.
The development hereby approved shall not be occupied until the proposed access gates have been set back 5.0 metres from the adjoining carriageway edge, and made to open inwards only. Reason: In the interests of highway safety in accordance with Policies SWDP21 of the South Worcestershire Development Plan.
The development hereby approved shall not be occupied until an area has been laid out within the curtilage of the dwelling for the parking of cars in accordance with County standards. The parking area(s) shall thereafter be retained for the purpose of vehicle parking only. Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway in accordance with Policies SWDP21 of the South Worcestershire Development Plan.
The development hereby approved shall not be brought into use until sheltered and secure cycle parking to comply with the Council’s adopted highway design guide has been provided in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority and thereafter the approved cycle parking shall be kept available for the parking of bicycles only. Reason: To comply with the Council’s parking standards in accordance with Policies SWDP21 of the South Worcestershire Development Plan.
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 Policies SWDP21 of the South Worcestershire Development Plan.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) no additions, extensions or external alterations shall be made without the submission and subsequent approval of a separate application for planning permission. Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and represent quality design in accordance and to prevent any impact on flood flows and flood risk elsewhere with policies SWDP 6, SWDP21, SWDP24 and SWDP29 of the South Worcestershire Development Plan.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house as such (other than those expressly authorised by this permission) shall take place within the site of this dwelling without the submission and subsequent approval of a separate application for planning permission. Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and represent quality design in accordance and to prevent any impact on flood flows and flood risk elsewhere with policies SWDP 6, SWDP21, SWDP24 and SWDP29 of the South Worcestershire Development Plan.
Prior to its installation on site detailed drawings of proposed railings at a scale of 1:20 that includes details of the materials used in their construction shall be submitted to, and agreed in writing by, the Local Planning Authority. Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and represent quality design in accordance with policies SWDP 6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
Prior to its installation on site detailed drawings of the aluminium windows and doors including construction sections shall be submitted to and agreed in writing by the Local Planning Authority. Development shall proceed in accordance with the approved details. Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and represent quality design in accordance with policies SWDP 6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
Finished floor levels shall be set no lower than 14.00 m AOD, unless otherwise agreed in writing by the Local Planning Authority. Reason: To prevent any impact on flood flows and flood risk elsewhere in accordance with Policy SWDP29 of the South Worcestershire Development Plan and paragraph 163 of the National Planning Policy Framework.
There shall be no new structures (including gates, walls and fences) or raising of ground levels on land below 13.13m AOD, within the 1% plus 35% climate change flood level, or within 8metres of the top of bank of any Main River, inside or along the boundary of the site, unless otherwise agreed in writing by the Local Planning Authority. Reason: To prevent any impact on flood flows and flood risk elsewhere in accordance with Policy SWDP29 of the South Worcestershire Development Plan and paragraph 163 of the National Planning Policy Framework.
Prior to the first occupation of the development, a Flood Evacuation Management Plan shall be submitted to and approved in writing by the Local Planning Authority in consultation with the LA Emergency Planning Officer and Emergency Services. The Plan shall include full details of proposed awareness training and procedure for evacuation of persons and property (including vehicles), training of staff; and method and procedures for timed evacuation. It shall also include a commitment to retain and update the Plan and include a timescale for revision of the Plan. Reason: To minimise the flood related danger to people in the flood risk area in accordance with Policy SWDP29 of the South Worcestershire Development Plan and paragraph 163 of the National Planning Policy Framework.
Prior to the first occupation of any of the dwellings hereby approved, details of superfast broadband facilities or alternative solutions to serve the dwellings hereby approved shall be submitted to and approved in writing by the local planning authority. The submitted details shall include an implementation programme. The facilities shall be provided in accordance with the approved details. Reason: To ensure that the development is provided with adequate broadband provision in accordance with Policies SWDP26 of the South Worcestershire Development Plan.
Prior to the first occupation of the dwelling hereby approved, a revised Water Management Statement that demonstrates that the daily non-recycled water use per person will not exceed 110 litres per day. The approved system shall 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.
Temporary fencing for the protection of all retained trees/hedges on site and trees outside the site whose Root Protection Areas fall within the site shall be erected in accordance with BS 5837:2012 (Trees in Relation to Design, Demolition and Construction) before development of any type commences, including site clearance, demolition, materials delivery, vehicular movement and erection of site huts. Any alternative fencing type or position not strictly in accordance with BS 5837 (2012) must be agreed in writing by the local planning authority prior to the commencement of development. This protective fencing shall remain in place until the completion of development or unless otherwise agreed in writing with the local planning authority. Nothing should be stored or placed (including soil), nor shall any ground levels altered, within the fenced area without the previous written consent of the local planning authority. There shall be no burning of any material within 10 metres of the extent of the canopy of any retained tree/hedge. Reason: To prevent existing trees/hedges from being damaged during construction work and to preserve the amenities of the locality. This is in accordance with policies SWDP21 and SWDP25 of the South Worcestershire Development Plan.
Notwithstanding the details set out on drawing no 011/111/19 rev 1, prior to its installation on the building the design, location and colour of the external flue shall be submitted to, and agreed in writing by, the Local Planning Authority. Development shall then proceed in accordance with these approved details. Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new flue represents high quality design in accordance with policies SWDP 6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
The development hereby approved shall proceed in accordance with the details set out in the Addendum to the Design and Access Statement dated March 2020 (Ref: KPG/KG/J111/DA/Addendum) which addresses public rights of way that cross the application site. Reason: To ensure that the proposed development does not impede the use of the public rights of way that cross the site in accordance with Policy SWDP21 of the South Worcestershire Development Plan.
(A) No development shall take place until a programme of archaeological work, including a Written Scheme of Investigation, has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1) The programme and methodology of site investigation and recording. 2) The programme for post investigation assessment. 3) Provision to be made for analysis of the site investigation and recording. 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation. 5) Provision to be made for archive deposition of the analysis and records of the site investigation. 6) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. (B) 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 approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. Reason: In accordance with the requirements of paragraphs 189 and 199 of the National Planning Policy Framework 2012 (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.
Prior to there installation on the roof of the proposed dwelling the location, detailed design and area of coverage of the proposed solar panels shall be submitted to, and agreed in writing by the Local Planning Authority. Only the approved solar panels shall be installed on the building. Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and/or represent quality design in accordance with policies SWDP 6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
The development shall incorporate the renewable or low carbon energy generation measures set out in the Design and Access Statement submitted as part of this planning application to generate at least 10% of predicted energy requirements. The approved measures shall be retained thereafter. Reason: To ensure sustainability measures are taken into account in the development in accordance with Policies SWDP21 and SWDP27 of the South Worcestershire Development Plan.
All rainwater goods shall be of metal construction. Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and/or represent quality design in accordance with policies SWDP 6, SWDP21 and SWDP24 of the South Worcestershire Development Plan.
The development hereby permitted shall be carried out in strict accordance with the recommendations set out in the Ecological Mitigation and Enhancement Strategy revision 01 and the amended mitigation drawing no. 6.2.2 v2 (submitted separately) both produced by Focus Environmental Consultants and dated April 2020 submitted with this application. In particular: - ensuring that works likely to impact the maternity roost will be undertaken outside of the breeding season; - compensation and enhancement for bats through the provision of bat boxes; and - avoidance of external lighting near bat roosts. Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 (as amended).
All external lighting shall be installed in accordance with the specifications and locations set out in the External Lighting Scheme elevations drawing no. 0011/111/19/LS and Site Layout Masterplan –Lighting Zones drawing no. 119/LZ submitted on 6 April 2020 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 the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 (as amended).
On completion of works the development shall be inspected by a qualified ecologist and a statement of conformity and a copy of any bat licences and licence monitoring returns as appropriate shall be submitted to the Local Planning Authority to confirm the mitigation, compensation and enhancement measures for biodiversity have been successfully implemented in accordance with the details approved under conditions 25 and 26 of this planning permission. Reason: To ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policy SWDP22 of the South Worcestershire Development Plan.
Prior to installation on site details of the boundary treatment to be erected shall be submitted to and approved in writing by the Local Planning Authority. These details shall include a plan (at a minimum scale of 1:500) detailing the position of all proposed boundary treatment and annotated or accompanied by a schedule specifying the type, height, composition and appearance of boundary treatment throughout the site. The approved boundary treatment shall be erected before the development is first brought into use and thereafter retained in that form, notwithstanding the provisions of Schedule 2, Part 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification). Reason: To protect, conserve and enhance the significance of heritage assets and to ensure that the new materials are in keeping with the surroundings and represent quality design in accordance and to prevent any impact on flood flows and flood risk elsewhere with policies SWDP 6, SWDP21, SWDP24 and SWDP29 of the South Worcestershire Development Plan.
Prior to the works on the replacement dwelling proceeding beyond ground floor level a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall detail what is currently present on site and is to be retained alongside any new soft landscaping. Furthermore, the scheme of landscaping should also include a plan detailing the disposition of planting, cross referenced to a schedule listing the species, size and number of plants proposed. The approved scheme shall be carried out in accordance with a timetable submitted to and agreed in writing by the Local Planning Authority. If within a period of five years from the date of the planting of any tree planted pursuant to this condition that tree, or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written approval to any variation. Reason: To ensure the environment of the development is improved and enhanced in accordance with Policies SWDP21 and SWDP25 of the South Worcestershire Development Plan.
Prior to the works on the replacement dwelling proceeding beyond ground floor level details of a precise specification of the proposed materials for the hard landscaping of the site (detailing surfacing, edging and paving) shall be submitted to and approved in writing by the local planning authority. The hard landscaping of the site shall be completed before the first occupation of the development hereby permitted. Development shall be carried out in accordance with the approved details. Reason: To ensure the proposed development represents high quality design and 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.
The Applicant /future occupiers should contact 08708 506506 to be set up on our flood warning system. In preparing the evacuation plan the applicant should have note to the FRA. Contact with the Environment Agency would enable the provision of the most up to date, best available, flood information.
This permission does not authorise the applicant to carry out works within the publicly maintained highway since such works can only be carried out by the County Council’s approved contractor, Ringway Infrastructure Service who can be contacted by email worcestershirevehicle.crossing@ringway.co.uk. The applicant is solely responsible for all costs associated with construction of the access.
It should also be noted that, under section 34 of the Road Traffic Act 1988, any person who, without lawful authority, drives a motor vehicle on a public right of way commits an offence. The applicant should make themselves satisfied that they, and anyone else who may use public rights of way for private vehicular access in connection with the development, has a right to do so. They may wish to seek legal advice on the matter.
The developer should also be aware of the Department of Environment Circular 1/09 (part 7) which explains that the effect of development on a public right of way is a material consideration in the determination of applications for planning permission and that the grant of planning consent does not entitle developers to obstruct a public right of way.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant by seeking further information and amendments to the proposed development following receipt of the application. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Application Plans
Statutory Consultee Response
Decision
Discharge of Condition
Planning Application Documents

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.


Name Address Sent Reply Received
Clifton Vaughan Great Wood Lodge, Anningsley Park Ottershaw 21/02/2020
Heather Proles 7 Aman Court Granville Road Totland Bay Isle of Wight PO39 0BG 21/02/2020
Louise Woodward Cleeve View Cheltenham Road, Bredon 21/02/2020
Marilyn Hampson 8 Bowbridge Lock Stroud GL5 2JZ 21/02/2020
Melinda J Sprake 14 Bowbridge Lock London Road Stroud GL5 2JZ 21/02/2020
Mrs Jean Hartridge Brooklyn 3 Park Mount Drive Macclesfield SK11 8NS 21/02/2020
Mrs Page Sion House Churchend Twyning Tewkesbury GL20 6EJ 21/02/2020
Paul Hampson Koningin Emmakade 157 2518JL Den Haag The Netherlands 21/02/2020
Victoria Hampson Great Wood Lodge, Anningsley Park Ottershaw KT16 0QU 21/02/2020

Consultee List


Name Organisation Sent Reply Due Reply Received
Tewkesbury Borough Council 21/02/2020 13/03/2020
Aidan Smyth MHDC Archaeology & Planning Advisor 21/02/2020 13/03/2020
Canal & River Trust (PSSC) Canal & River Trust 21/02/2020 13/03/2020
Cllr B Behan Longdon Ward 21/02/2020 13/03/2020
Daniel Hinde Bushley Parish Council 21/02/2020 13/03/2020 12/03/2020
Drainage Engineer Engineers - S.W. Land Drainage Partnership 21/02/2020 13/03/2020 27/02/2020
Environment Agency Environment Agency 21/02/2020 13/03/2020
Highways County Highways 21/02/2020 13/03/2020 03/03/2020
Historic England Historic England 21/02/2020 13/03/2020 06/03/2020
Lead Local Flood Authority WCC Lead Local Flood Authority 21/02/2020 13/03/2020 02/03/2020
MHDC Conservation Officer MHDC Development Plans & Conservation 21/02/2020 13/03/2020 13/03/2020
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 21/02/2020 13/03/2020 19/03/2020
Planning Officer South The Inland Waterways Association 21/02/2020 13/03/2020
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 21/02/2020 13/03/2020 25/02/2020
WCC - Minerals & Waste Policy WCC - Minerals & Waste Policy 21/02/2020 13/03/2020
Worcestershire County Council (Footpaths) WCC - Footpaths 21/02/2020 13/03/2020 03/03/2020
Worcestershire Wildlife Trust Worcestershire Wildlife Trust 21/02/2020 13/03/2020
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 06/12/2021 27/12/2021

Constraints List


Constraints List
Paper: Malvern Gazette - Friday
CIL009 - Non-Urban Area
Listed Buildings Affect Setting 25m Buffer - Grade II*. H.E Ref: 1282810. Listed Building. Mythe Bridge. LB/1238445
Listed Building Grade I or II* Only 25m buffer: Grade II*. H.E Ref: 1282810. Listed Building. Mythe Bridge. LB/1238445
Surface Water: 1 in 1000 extent
Top Bank - Environment Agency Advice
Enforcement Notice Issued Ref: E96/291/698 Property: Mythe Bridge House, Bushley, Tewkesbury
Enforcement Notice Issued Ref: E/12/00176/PHY3 Property: Land at Mythe Bridge House, Ledbury Road, Bushley, Tewkesbury
Outside SWDP Development Boundary
Public Right of Way: Type- Footpath. Path No- BU-516 B
Public Right of Way: Type- Footpath. Path No- BU-517 B
Public Right of Way: Type- Footpath. Path No- BU-518 B
Public Right of Way: Type- Footpath. Path No- BU-558 B
Public Right of Way: Type- Footpath. Path No- BU-559 C
Public Right of Way: Type- Footpath. Path No- BU-557 B
Public Right of Way: Type- Footpath. Path No- BU-560 C
Minerals - Sand And Gravel
Local Wildlife Site within 100m: River Severn
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)
Major Hazard Area
Canal and River Trust: EIA, Major and Minor Development Consultation
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
SWDP 15: Designated Rural Areas
SWDP 5: Protect and Restore
SWDP 32: Sand and Gravel
SWDP 22: Sites Of Regional Or Local Wildlife Importance
Neighbourhood Plan: Sites of Biological Interest
Public Right of Way: Type- Footpath. Path No- BU-537 C
No associated appeals