Condition Details / Information Notes |
The development to which this permission relates must be commenced not later than 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.
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The development hereby approved shall be carried out in accordance with the following plans: SSF-BWB-ZZ-XX-DR-CD-0001 S2 PO4. The development shall also be carried out in accordance with the Design and Access Statement unless otherwise required by conditions attached to this permission.
Reason: To define the permission and to ensure that the development meets the design quality and environmental requirements of the Development Plan.
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The Development hereby approved shall not commence until a Construction Environmental Management Plan (Highways) has been submitted to and approved in writing by the Local Planning Authority. This shall include but not be limited to the following:
a) Measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public highway;
b) Details of site operative parking areas, material storage areas (including imported clay/soil) and the location of site operatives’ facilities (offices, toilets etc);
c) The hours that delivery vehicles will be permitted to arrive and depart, and arrangements for unloading and manoeuvring;
d) Details of any temporary construction accesses and their reinstatement;
e) Details of temporary traffic management necessary to control traffic during construction; including signage and
f) A highway condition survey, timescale for re-inspections, and details of any reinstatement.
g) Responsible persons and lines of communication.
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.
Reason: To ensure the provision of adequate on-site facilities and in the interests of highway safety.
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(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
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Notwithstanding the submitted details, no development shall commence until a drainage
strategy for the management of surface water has been submitted to, and approved in
writing, by the Local Planning Authority. The surface water modelling scoped out in Appendix
3 of the submitted Flood Risk Assessment shall inform the drainage strategy. The drainage
strategy shall include detailed design drawings and calculations for surface water drainage,
and shall provide evidence that the scheme will include adequate surface water drainage and
it will not increase surface water flood risk. Specifically, the drainage strategy should provide
evidence of the following:
a. That surface water storage of sufficient volume is included as part of the scheme.
b. That the flapped outfalls from this storage are appropriately located with sufficient
hydraulic head from the stored surface water to operate the flapped outfalls and avoid
surface water flooding in the village.
c. Whether any further outfalls/ flaps located near St Denys’ Church in Severn Stoke village
and/or any other positions within the flood bund are required to reduce the risk of surface
water flooding in the village.
d. Whether flapped outfalls are required underneath the A38 in the vicinity of the junction with
Madge Hill to stop surface water pooling to the east of the highway with associated flood risk
to properties.
The drainage strategy should also investigate the feasibility of, and implementation if
possible:
e. provision of a new pond if the pond which is immediately north and west of St Denys’
Church is reduced in size or removed as part of the scheme;
f. whether an existing pipe which pumps water from the River Severn to just east of Sandford
Farm could be usefully employed as part of the existing scheme to mitigate surface water
flood risk.
Thereafter, the development shall be carried out in accordance with the approved scheme.
Reason: To ensure that the site can be adequately drained in accordance with policy SWDP29 of the South Worcestershire Development Plan.
To ensure that the development is provided with a satisfactory means of drainage as well as
to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of
pollution.
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No works in connection with site drainage shall commence until a drainage management
plan for the management of surface water has been submitted to, and approved in writing, by
the Local Planning Authority. The drainage management plan shall include details on future
management responsibilities, along with maintenance schedules for all surface water
drainage features and associated pipework. This plan shall detail the strategy that will be
followed to facilitate the optimal functionality and performance of the surface water drainage
scheme throughout its lifetime. The approved drainage management plan shall be
implemented in full in accordance with the agreed terms and conditions and shall be
managed and maintained in accordance with the approved maintenance plan thereafter.
Reason: To ensure that the site can be adequately drained in accordance with policy SWDP29 of the South Worcestershire Development Plan.
To ensure that the development is provided with a satisfactory means of drainage as well as
to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of
pollution.
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Full details of any soil or soil forming materials brought on to the site for use in soft
landscaping, filling and level raising must be provided. Where the donor site is unknown or is
brownfield the material must be tested for contamination and suitability for use on site. Full
donor site details, proposals for contamination testing including testing schedules, sampling
frequencies and allowable contaminant concentrations (as determined by appropriate risk
assessment) must be submitted to and approved in writing by the Local Planning Authority
prior to import on to the site. The approved testing must then be carried out and validatory
evidence (such as laboratory certificates) submitted to and approved in writing by the Local
Planning Authority prior to any soil or soil forming materials being brought on to site.
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 is in accordance with
policy SWDP31 of the South Worcestershire Development Plan.
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Before commencement of the bund's construction full particulars including plan drawings to
identify the design shall be submitted to and approved in writing by the local planning
authority. Details shall include but not be limited to the following:
a) the earthworks requisite to secure the bunding shall be submitted to and approved in
writing by the local planning authority. Details to show the final design shall include but need
not be limited to the proposed grading and mounding of land areas, the slope angle and
depth of core of the bund design.
b)the existing and proposed levels and contours and cross sections to be formed showing
the relationship of proposed mounding to existing vegetation and surrounding landform.
c)Water management and flood risk on both sides of the bund to include amongst others, the
number and use of flap valves and temporary or permanent pumping stations and their
positions.
d)Full details of the protection that will be put in place for the duration of all works to avoid
damage to the War Memorial at the junction of Hams Lane and the A38.
Development shall be carried out in accordance with the approved details.
Reason: To ensure the proposed development does not have an adverse effect on the
character and appearance of the area nor the residential population, in accordance with
policies SWDP21, SWDP24 and SWDP25 of South Worcestershire Development Plan.
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Prior to the construction/ formation of the earth bund at Severn Stoke and any works within
50 metres, the developer/ applicant shall submit to the Local Planning Authority details of an
agreed strategy with CLH Pipeline System of the measures to be undertaken to protect the
pipeline crossing the site, including if necessary its diverted route and the site terms and
conditions, together with an agreement for works (known as a Works Consent Agreement -
specifically section 7.11 of the consent form). The development must accord with these
approved details.
Reason: To ensure safeguarding of the national oil pipeline alignment.
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A Construction Environmental Management Plan shall be submitted to and approved in
writing by the LPA before commencement of development. The CEMP (Biodiversity) shall
include the following.
a) Risk assessment of potentially damaging construction activities.
b) Identification of "biodiversity protection zones".
c) Practical measures (both physical measures and sensitive working practices) to avoid or
reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to
oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly
competent person.
h) Use of protective fences, exclusion barriers and warning signs.
i) protection for retained trees and other ecological features and prevention of pollution
during construction, especially in relation to runoff and risks to receiving waterbodies.
The approved CEMP shall be adhered to and implemented throughout the construction
period strictly in accordance with the approved details, unless otherwise agreed in writing by
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)
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A landscape and ecological management plan (LEMP) to cover biodiversity enhancement in
line with the recommendations set out in the applicant’s submission are to be confirmed
together with long term management of that enhancement shall be submitted to, and be
approved in writing by, the local planning authority before the substantial completion of the
development hereby permitted. The content of the LEMP shall include also the following.
a) Description and evaluation of 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.
f) Preparation of a work schedule (including an annual work plan capable of being rolled
forward over a five-year period).
g) Details of the body or organization responsible for implementation of the plan.
h) Ongoing monitoring and remedial measures.
The LEMP shall also include details of the legal and funding mechanism(s) by which the
long-term implementation of the plan will be secured by the developer with the management
body(ies) responsible for its delivery. The plan shall also set out (where the results from
monitoring show that conservation aims and objectives of the LEMP are not being met) how
contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally
approved scheme. The approved plan will be implemented in accordance with the approved
details.
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).
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No development shall take place (including any ground works, site clearance) until a method
statement for Ecological Mitigation, Compensation and an Enhancement plan has been
submitted to and approved in writing by the local planning authority. The content of the
method statement shall include amongst others:
a) purpose and objectives for the proposed works;
b) detailed design(s) and/or working method(s) necessary to achieve stated objectives in
mitigating to ensure protected species are not harmed through the clearance and
construction process; compensatory pond creation; planting of native and orchard trees in a
ratio of at least 6:1 in relation to trees lost; recreation of diverse woodland structure including
shrubs and ground layer species; planting up gaps in existing hedgerows; creating a more
diverse hedgerow understorey; creating a more diverse grassland on the bund and inclusion
of a suitable management plan to enhance the biodiversity of retained and recreated
habitats;
c) extent and location of proposed works shown on appropriate scale maps and plans;
d) timetable for implementation, demonstrating that works are aligned with the proposed
phasing of construction;
e) persons responsible for implementing the works;
f) initial aftercare and long-term maintenance and responsibility;
g) disposal of any wastes arising from works.
h) Following construction any damage to the site to be made good.
The works shall be carried out strictly in accordance with the approved details and shall be
retained in that manner thereafter.
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).
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On completion of works the development shall be inspected by a qualified ecologist and a
statement of conformity and a copy of any European Protected Species 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 this condition.
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).
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The landscaping scheme within the red outline shall include:
a. a plan(s) showing details of all existing trees and hedges. 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.
b. a plan(s) showing the layout of proposed tree, hedge and shrub planting and grass areas.
c. a schedule of proposed planting - indicating species, sizes at time of planting and
numbers/ densities of plants.
d. Full details of the planting of the bund including seed mixture.
e. a written specification outlining cultivation and other operations associated with plant and
grass establishment.
f. a schedule of maintenance, including watering and the control of competitive weed growth,
for a minimum period of five years from first planting.
This condition is to be also read with the landscaping scheme required for off site mitigation
and enhancement, and shall include native species, or species of known benefit to wildlife.
Wherever possible existing vegetation and habitat will be retained.
The soft landscaping of the site shall be completed in accordance with a timetable submitted
to and agreed in writing by the local planning authority. 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 shall be replaced in the next planting season with others of
similar size and species.
Reason: Required to compensate for the loss of the landscape features identified and to
secured biodiversity/ landscape/ green infrastructure gain. To ensure the proposed
development does not have an adverse effect on the character and appearance of the area
in accordance with policies SWDP21, SWDP22 and SWDP25 of South Worcestershire
Development Plan.
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No development involving the construction of the flood defence bund hereby permitted shall
commence before full particulars detailing the soft landscaping off site, outside the red
outline, has been submitted to and agreed in writing by the LPA. Such landscape and
biodiversity enhancement shall not be restricted to that submitted in the Arboricultural Report
but will include; namely, a replacement ratio of 6:1, with native species, or species of known
benefit to wildlife; planting will be structurally diverse with tree, shrub and ground layers. The
existing hedgerow(s) will be improved through planting up gaps and creating a more diverse
understory of shade tolerant herbs and wildflowers. New planting to consist of a more diverse
range of species, appearance and ultimate size, and plant selection and their planting
locations well-considered in relation to the proposals, site conditions, landscape character
and the development of a nature rich corridor on the "dry-side" of the bund to encourage
development of a pollinator corridor. Details are to include a schedule for the arrangement
and the scheme's implementation, long-term design objectives, management responsibilities
and maintenance schedules for all landscape areas identified by the scheme. The approved
landscape scheme shall be fully implemented before the bund development is started, or
before its substantial completion, as shall be agreed in writing by the LPA.
If within a period of five years from the date of the planting of any tree/ hedgerow plant that
tree/ hedge, or any tree/ hedge 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 that in response to the development that the indicated compensation and
enhancement measures are implemented and secured to provide for the proposed mitigation
referenced in the applicant’s submission and that seek to safeguard and enhance in
accordance with Policies SWDP22, SWDP21 & SWDP25.
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Before earthworks are commenced to secure the construction of the development hereby
permitted, a Maintenance Plan of the flood defence shall be submitted to and agreed in
writing by the LPA. The plan should include:
a. A clear statement specifying who/what organization will be responsible for maintenance
programme, including its financing, over the long term. In particular, if the EA will assume
responsibility for the maintenance of the flood defences should the Community Interest
Company (CIC) cease to exist, this should be a definitive written commitment to that effect
on the part of the EA, not a statement of intention.
b. Schedule of inspection, maintenance and testing of all equipment/ infrastructure on regular
basis during/ after each flood event.
c. Emergency call out procedures during a flood event. Parties involved must have local
knowledge and have all the necessary equipment required to access and unlock the defence
equipment. Plans need to be in place for an appropriate pump and a proposal is required for
siting the pump during a flood event. The correct size pump attachment fittings must be
specified in the designs and management plans. Dedicated access must be allocated to this
facility/sump site.
d.Any subsequent change in company/ responsibility shall be notified to the LPA within 1
month of such change.
Reason: To ensure that there is an acceptable management and maintenance of the flood
defence in place, further to policies SWDP21.
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A Flood Evacuation Management Plan (FEMP) shall be prepared in case of overtopping or
breach, and submitted to and agreed in writing by the Local Planning Authority before the
development hereby permitted is first brought in to use. The Flood Evacuation Management
Plan should identify a flood level that will initiate evacuation of people and vehicles. The
trigger level should be when the access/egress is still ‘dry’ i.e. flood-free, to avoid any
question of what is an acceptable level of flood risk to occupants.
Reason: In the interests of safety and preparedness, further to policy SWDP 28 of the South
Worcestershire Development Plan.
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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.
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The applicant is advised to approach the Forestry Commission to provide an opinion as to whether or not an Environmental Impact Assessment is needed under the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999, as amended.
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Internal consultation highlighted that these Environment Agency (EA) flood alleviation schemes are not suitable for S278 Agreements. Early discussions with WCC Legal team are recommended to determine how best to take the project forward and protect WCC from any costs associated with the scheme. |