| Condition Details / Information Notes |
| The development hereby permitted must be commenced not later than the expiration of three years from the date of the original permission 19/01671/FUL (dated 12th May 2020).
Reason: To conform with the requirements of Sections 73 and 91 of the Town and Country Planning Act 1990 (as amended). |
| Unless where required or allowed by other conditions attached to this permission, 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 –
Proposed Site Location and Block Plan - Ref: 3054-50 Rev. A
Proposed Site Plan & External Works - Ref: 3054-50 Rev H
Proposed Ground Floor Plan - Ref: 3054-60 Rev. C
Proposed First Floor Plan - Ref: 3054-61 Rev. E
Proposed Roof Plan - Ref: 3054-63 Rev.
Proposed North Elevation - Ref: 3054-63 Rev. D
Proposed East, South, West Elevations - Ref: 3054-71 Rev. H
Boundary Wall Plan - Ref: 3054/100 Rev. G
Brickwork Details 1 - Ref: 3054/150
Brickwork Details 2 - Ref: 3054/151
Brickwork Details 3 - Ref: 3054/152
UUS-HYD-ZZ-00-DR-C-7001 P06 Drainage Layout
UUS-HYD-R-C-0001 P05 Drainage Strategy Report
Ecological Impact Assessment by Swift Ecology
Flood Evacuation Management Plan
Plinth Barrier Details - Ref: 05.2020 3054 D&A 18F
Ivy Fence Details - Ref: 05.2020 3054 D&A 19F
Proposed Materials - Ref: 05.2020 3054 D&A 20F
Reason: To define the permission. |
| The ground floor premises hereby permitted shall be used for retail and for no other purpose, including any other purpose falling within 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 lies within the open countryside and the functional floodplain. Accordingly, the Local Planning Authority would wish to consider the merits of any alternative uses as part of a planning application, in accordance with Policies SWDP 2 and 28 of the South Worcestershire Development Plan. |
| The first floor gym premises hereby permitted shall only be used for indoor sports and recreation and for no other purpose, including any other purpose falling within 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 lies within the open countryside and the functional floodplain. Accordingly, the Local Planning Authority would wish to consider the merits of any alternative uses as part of a planning application, in accordance with Policies SWDP 2 and 28 of the South Worcestershire Development Plan. |
| Before the development hereby permitted is first occupied/used, details of any external lighting to be provided in association with the development shall be submitted to and approved in writing by the Local Planning Authority. The details shall include times when the external lighting will not be switched on. Only external lighting in accordance with approved details shall be provided on the application site. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) there shall be no other external lighting provided on the application site.
Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area and contributes to the conservation of biodiversity in accordance with Policies SWDP 21, 22 and 25 of South Worcestershire Development Plan.
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| No development shall begin until a Construction Environment Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following details:-
a. details to minimise the impact of noise, vibration and dust from construction, demolition and site clearance activities and the traffic associated with this development, including a scheme for vehicle wheel cleaning and other measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway. The CEMP shall broadly accord with BS 5228 - 1&2:2009 +A1:2014 (Code of practice for noise and vibration control on construction and open sites) and the WRS Demolition and Construction Guidance;
b. details of site operative parking areas, material storage areas and the location of site operative facilities (offices, toilets etc);
c. restrictions on burning;
d. details in relation to the prevention of pollution of waterways;
e. a management strategy and proposals for the minimisation of construction waste; and
f. 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 in writing by the Local Planning Authority.
The CEMP should generally comply with the requirements of Worcestershire Regulatory Services Code of Best Practice for Demolition and Construction Sites 1st Edition July 2011.
Reason: To protect existing and new occupiers of residential areas from the unreasonable effects of noise, vibration, light and dust nuisance and to mitigate any potential impacts on highway safety in accordance with Policies SWDP 21 and 31 of the South Worcestershire Development Plan. |
| Development, other than that required to be carried out as part of an approved scheme of remediation, shall not commence until Parts 1 to 6 have been complied with:
Part 1
A preliminary risk assessment shall 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. A preliminary risk assessment report including:-
- a diagrammatical representation (conceptual model) based on the information above; and
- all potential contaminants, sources and receptors to determine whether a site investigation is required
shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of construction works on the development hereby approved.
Part 2
Where an unacceptable risk is identified and prior to the commencement of construction work on the development hereby permitted a scheme for detailed site investigation shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed to assess the nature and extent of any contamination and shall be led by the findings of the preliminary risk assessment.
Part 3
Where part 2 applies, a detailed site investigation and risk assessment shall be undertaken in accordance with the approved scheme required under Part 2 and a written report of the findings produced, submitted to and approved in writing by the local planning authority. The investigation/assessment shall be approved prior to the commencement of construction works on the development hereby approved.
Part 4
Where identified as necessary in the report approved under Part 3, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors shall be produced, submitted to and approved in writing by the local planning authority. The scheme shall include an implementation programme. The scheme shall be approved prior to the commencement of construction works on the development hereby approved.
Part 5
The remediation scheme approved under Part 4 shall be carried out in accordance with the approved implementation programme.
Part 6
Following the completion of the measures identified in the remediation scheme approved under Part 4, a validation report that demonstrates the effectiveness of the remediation carried out shall be produced, submitted to and approved in writing by the Local Planning Authority. None of the development hereby approved shall be occupied/first used until the validation report has been approved.
Part 7
In the event that contamination is found at any time when carrying out the approved development that was not previously identified in the report approved under Part 3, construction works shall cease and this shall be reported immediately in writing to the Local Planning Authority. In such circumstances an investigation and risk assessment must be undertaken and a revised remediation scheme must be produced, submitted to and approved in writing by the Local Planning Authority. Development works shall not resume until the revised remediation scheme has been approved in writing. The measures as set out in the revised remediation scheme shall be carried out. Following the completion of any measures identified in the approved revised remediation scheme a validation report must be produced, submitted to and approved in writing by the Local Planning Authority. None of the development hereby approved shall be occupied/first used until the validation report has been approved.
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 off-site receptors, in accordance with Policy SWDP 31 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 County Council’s adopted Streetscape Design Guide (2018) has been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The details to be submitted shall include the location, type of rack, numbers and method of installation. Thereafter, the approved cycle parking shall be kept available for the parking of bicycles only.
Reason: To comply with the County Council’s parking standards and promote sustainable modes of transportation, in accordance with Policy SWDP 4 of the South Worcestershire Development Plan.
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| The development hereby approved shall not be brought into use until the applicant has submitted a Travel Plan to the Local Planning Authority (LPA) that promotes sustainable forms of travel to and from the site and this has been approved in writing by the LPA. The submitted details shall use Modeshift STARS Business to carry out this process and include mechanisms for monitoring and review over the life of the development and timescales for implementation. The approved Travel Plan shall be implemented, monitored and reviewed in accordance with the approved details.
Reason: To reduce vehicle movements and promote sustainable access, in accordance with Policy SWDP 4 of the South Worcestershire Development Plan. |
| The development hereby approved shall not be brought into use until three accessible car parking spaces have been provided in the location shown on the approved site plan (3054-51 Rev. J) and thereafter shall be kept available for disabled users as approved.
Reason: To provide safe and suitable access for all in accordance with Policy SWDP 21 of the South Worcestershire Development Plan. |
| Electric charging points shall be installed in a minimum of four of the parking spaces at the development. The developer is responsible for ensuring the charging point complies with BS EN 62196 Mode 3 or 4 charging and BS EN 61851. As a minimum, charging points shall comply with the WCC Streetscape Design Guide (2018), which requires 22kw charging points for non-residential developments.
Reason: In order to address paragraphs 105 and 110 of the National Planning Policy Framework, which require non-residential development proposals to ensure adequate provision of spaces for charging plug-in and other ultra-low emission vehicles in safe, accessible and convenient locations. |
| Before the first use/occupation of the development hereby permitted details of any external plant, including ventilation facilities, air conditioning equipment and their noise generation levels, together with any associated noise attenuation measures shall be submitted to and approved in writing by the Local Planning Authority. Only external plant in accordance with the approved details shall be provided on the site.
Reason: To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to Policy SWDP 31 of the South Worcestershire Development Plan. |
| Before the first use/occupation of the development hereby permitted a scheme of internal noise attenuation measures to protect the residential amenity of occupiers of the apartment shall be submitted to and approved in writing by the local planning authority. The approved measures shall be implemented before the first use of the development and be retained thereafter.
Reason: To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to Policy SWDP 31 of the South Worcestershire Development Plan. |
| Where gas boilers are proposed to be installed, details shall be submitted to and approved in writing by the local planning authority prior to the first occupation of the development for the installation of ultra-low NOx boilers with maximum NOx emissions less than 40 mg/kWh. The details as approved shall be implemented prior to the first occupation of the development and thereafter be permanently retained.
Reason: In the interests of preserving air quality and the living conditions of occupiers of nearby properties and future occupiers of the site, in accordance with Policy SWDP 31 of the South Worcestershire Development Plan. |
| Finished floor levels shall be set no lower than 14.13m AOD (600mm above the appropriate 1% plus climate change flood level), unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect the proposed development from flood risk for the lifetime of the development in accordance with Policy SWDP 28 of the South Worcestershire Development Plan. |
| Unless otherwise agreed in writing by the Local Planning Authority, the flood evacuation management arrangements contained within the Flood Evacuation Management Plan (FEMP) by Hydrock dated 13th February 2020 shall be implemented in full and maintained for the lifetime of the development. In particular, the proposed procedures for evacuation of persons and property (including vehicles), and awareness training of staff, shall be upheld. The FEMP shall be updated as appropriate in conjunction with the Council's Emergency Planner and the Emergency Services.
Reason: The proposed development, including a residential unit, would be situated in the functional floodplain (Flood Zone 3b). The implementation of the agreed the flood emergency planning procedures is necessary to ensure the safety of the development as a whole, in accordance with Policy SWDP 28 of the South Worcestershire Development Plan. |
| Prior to any excavation or surfacing works being carried out along site boundaries, an Arboricultural Impact Assessment (AIA) prepared by a suitably qualified person shall be submitted to and approved in writing by the Local Planning Authority. The AIA shall contain details of boundary wall foundation design to avoid harm to tree rooting areas and any associated temporary protective fencing, together with a detailed specification for new tree and shrub planting within the site and associated use of soil cells to accommodate tree planting. The development shall proceed in strict accordance with the approved details.
All new planting shall be watered as necessary and competitive weed growth controlled to ensure successful establishment. Any trees or plants that die, or are removed; or become seriously damaged or diseased within a period of five years from the completion of the planting, shall be replaced in the next planting season with others of similar size and species.
Reason: To prevent existing trees/hedges from being damaged during construction work and to preserve and enhance the amenities of the locality in accordance with Policies SWDP 21 and 25 of the South Worcestershire Development Plan. |
| The development hereby permitted shall be carried out in strict accordance with the recommendations for mitigation and compensation set out under Section 5 of the Ecological Impact Assessment report prepared by Swift Ecology dated 2nd August 2019.
Reason: To ensure the development contributes to the conservation of biodiversity within the site and the wider area in accordance with Policy SWDP 22 of the South Worcestershire Development Plan.
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| Before bringing the development hereby permitted into use a detailed ecological enhancement scheme shall be submitted to and approved in writing by the local planning authority. The scheme shall be based on, but not limited to, the recommendations contained within the Ecological Impact Assessment report prepared by Swift Ecology dated 2nd August 2019 and shall include an implementation timetable. The works shall thereafter be carried out in accordance with the approved details and timetable.
Reason: To ensure the development contributes to the enhancement of biodiversity within the site and the wider area in accordance with Policy SWDP 22 of the South Worcestershire Development Plan. |
| Notwithstanding the submitted Energy Statement, before the first use of the development hereby permitted, precise details of renewable and/or low carbon energy generation measures shall be submitted to and approved in writing by the Local Planning Authority. The measures shall contribute to at least 10% of the predicted energy requirements of the development. The details to be submitted shall include:-
- the overall predicted energy requirements of the approved development;
- the predicted energy generation from the proposed renewable/low carbon energy measures; and
- an implementation timetable for the proposed measures.
The development shall be carried out in accordance with the approved details.
Reason: To ensure the development supports the delivery of low carbon/renewable energy and safeguards natural resources in accordance with Policy SWDP 27 of the South Worcestershire Development Plan. |
| Notwithstanding the approved Drainage Strategy, no works in connection with site drainage shall commence until detailed design drawings and calculations for surface water drainage have been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.
Reason: To ensure that the site can be adequately drained in accordance with Policy SWDP 29 of the South Worcestershire Development Plan, as well as to reduce the risk of creating or exacerbating a flooding problem. |
| No works in connection with site drainage shall commence until a SuDS management plan which will include details on future management responsibilities, along with maintenance schedules for all SuDS features and associated pipework has been submitted to and approved in writing by the Local Planning Authority. This plan shall detail the strategy that will be followed to facilitate the optimal functionality and performance of the SuDS scheme throughout its lifetime. The approved SuDS management plan shall be implemented in full in accordance with the agreed terms and conditions and thereafter managed and maintained in accordance with the approved maintenance plan.
Reason: To ensure that an appropriate sustainable drainage system is provided to serve the development in accordance with Policy SWDP 29 of the South Worcestershire Development Plan. |
| Prior to the first use of the development hereby permitted a Water Management Statement, setting out efficiency measures to ensure water consumption and monitoring meet the BREEAM "excellent" standard, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the first use of the development and retained thereafter.
Reason: To ensure sustainability measures are taken into account in the development, in accordance with Policies SWDP 21 and SWDP 30 of the South Worcestershire Development Plan.
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| Prior to first use of the development hereby approved, details of connections to facilitate superfast broadband facilities or alternative solutions to serve the commercial uses and dwelling 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 the proposal incorporates satisfactory telecommunication facilities in line with Policy SWDP 26 of the South Worcestershire Development Plan.
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| 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 SWDP 21 of the South Worcestershire Development Plan. |
| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant by providing pre-application advice; seeking further information and amendments to the proposed development following receipt of the application; as well as 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 application. |
| The developer/future occupiers should contact the Environment Agency 08708 506506 to be set up on its flood warning system. In preparing any evacuation plan the applicant should have regard to the FRA and contact the Environment Agency to enable provision of the most up-to-date flood information.
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| 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 is expected that contractors be registered with the Considerate Constructors scheme and comply with the code of conduct in full, but particular reference is made to "respecting the community". This says that constructors should give utmost consideration to their impact on neighbours and the public.
• Informing, respecting and showing courtesy to those affected by the work;
• Minimising the impact of deliveries, parking and work on the public highway;
• Contributing to and supporting the local community and economy; and
• Working to create a positive and enduring impression, and promoting the Code.
The CEMP should clearly identify how the principle contractor will engage with the local community; this should be tailored to local circumstances. Contractors should also confirm how they will manage any local concerns and complaints and provide an agreed Service Level Agreement for responding to said issues.
Contractors should ensure that courtesy boards are provided and information shared with the local community relating to the timing of operations and contact details for a site coordinator in the event of any difficulties. |
| Worcestershire County Council has published guidance on how it expects travel plans to be prepared and this guidance is freely available from the County Council's Travel Plans Officer. As part of this process the applicant must register for Modeshift STARS Business and ensure that their targets have been uploaded so that progress on the implementation of the Travel Plan can be monitored. Worcestershire County Council can assist applicants with this process should they need. Modeshift STARS Business is a nationally accredited scheme which assists in the effective delivery of travel plans, applicant can register at www.modeshiftstars.org |
| The applicant's attention is drawn to the existence of a unilateral undertaking made under Section 106 of the Town and Country Planning Act 1990 (as amended) and the restrictions imposed therein. |
