| 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 17/01710/FUL granted on 23/10/2020.
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 provided on the application form and the following plans/drawings/documents –
- Drawing Number: 008 Rev Z – Planning Site Layout
- Drawing Number: 016 Rev B – H3B899 V2 Housetype
- Drawing Number: 017 Rev B – H2B742 Housetype
- Drawing Number: 018 Rev F – H3B973 V1 Housetype
- Drawing Number: 020 Rev B – H3B823 Aff Housetype
- Drawing Number: 021 Rev C – H3B1074 Housetype
- Drawing Number: 022 Rev B – H2B638 Aff Housetype
- Drawing Number: 026 Rev B – H1B513 V1 Apartments
- Drawing Number: 027 Rev B - H2B620 Apartments
- Drawing Number: 029 Rev J – Material Plan
- Drawing Number: 030 Rev B – External Materials
- Drawing Number: 036 Rev A – H4B1452 - Housetype
- Drawing Number: 037 Rev A – H2B677 V1 Housetype
- Drawing Number: 038 Rev A – H2B677 V2 Housetype
- Drawing Number: 039 Rev B – H1B513 V2 Apartments
- Drawing Number: 040 Rev B – H2B638 V2 Aff Housetype
- Drawing Number: 043 Rev D – H3B973 V2 Housetype
- Drawing Number: 048 - H3B1054 Housetype
- Drawing Number: 035 - H3B1054 V1 Housetype
- Drawing Number: 01 Rev C – Landscape Strategy Plan
- Amended Flood Risk Assessment and Drainage Statement (inc. Final Drainage and Levels Strategy (dwg no. SK_200 Rev C)
- Amended Transport Statement
- Drawing Number: TR1-1 Rev C – Refuse Vehicle Tracking – 4.8m carriageway
- Amended Planning Statement
Reason: To define the permission.
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| Prior to the occupation of any part of the development hereby permitted engineering details of the cycleway linking the residential development to Areley Common shall be submitted and approved in writing by the Local Planning Authority, and the development shall not be occupied until the scheme has been constructed in accordance with the approved details.
Reason: To ensure the safe and free flow of traffic onto the Highway and to comply with Policy SWDP21 of the South Worcestershire Development Plan. |
| The Development hereby permitted shall not be first occupied 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 first 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 ensure adequate provision of cycle parking is provided and to help encourage sustainable modes of travel, in accordance with Policies SWDP 4, 7, and 52 of the South Worcestershire Development Plan.
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| The Development hereby approved shall not be occupied until the applicant has submitted a travel plan and welcome pack in writing to the Local Planning Authority that promotes sustainable forms of access to the development site and this has been approved in writing by the Local Planning Authority. This plan will thereafter be implemented and updated in agreement with Worcestershire County Councils Travel plan co-ordinator and thereafter implemented as updated.
Reason: To reduce vehicle movements and promote sustainable access in accordance with Policies SWDP 4, 7, and 52 of the South Worcestershire Development Plan.
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| 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);
• Details of any temporary construction accesses and their reinstatement.
• A highway condition survey, timescale for re-inspections, and details of any reinstatement.
• Restrictions on burning;
• construction exclusion zones to prevent soil compaction in areas to be planted and remediation proposals for any soil compaction which does occur;
• a strategy for the handling and storage of topsoil;
• a management strategy and proposals for the minimisation of construction waste;
• a scheme of temporary signage to direct construction related traffic to enter and exit the site
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.
Reason: To ensure the provision of adequate on-site facilities and in the interests of highway safety, to protect residential amenities of nearby occupiers and ensure protection of existing landscape features on site in accordance with Policies SWDP 4, SWDP21 and 22 of the South Worcestershire Development Plan.
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| 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 shall be managed and maintained in accordance with the approved maintenance plan and thereafter.
Reason: To ensure that the site can be adequately drained in accordance with paragraph 165 of the NPPF 2018 and policy SWDP29 of the South Worcestershire Development Plan.
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| Development shall not take place until an exceedance flow routing plan for flows above the 1 in 100+40% event has been submitted to and approved in writing by the Local Planning Authority. The proposed scheme shall identify exceedance flow routes through the development based on proposed topography with flows being directed to highways and areas of POS. Flow routes through gardens and other areas in private ownership will not be permitted. The approved details 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 paragraph 165 of the NPPF 2018 and 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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| Notwithstanding the submitted Drainage Strategy, no development shall commence until detailed design drawings 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 paragraph 165 of the NPPF 2018 and 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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| The foul drainage works as part of the development hereby approved shall be carried out in accordance with the Flood Risk and Drainage Statement Issue 4 dated 20th August 2018, more particularly the Final Drainage & Levels Strategy Drawing SK 200 Rev C included in Appendix C thereof, as received by the Local Planning Authority on the 31st August 2018 . The approved drainage works shall be completed prior to the first occupation of any dwelling on the site.
Reason: To ensure development would not result in unacceptable risk of pollution or harm to the environment or landscape in accordance with Policies SWDP 30 and SWDP 21 of the South Worcestershire Development Plan.
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| No development shall take place until an ecological mitigation, compensation and enhancement scheme has been submitted to and approved in writing by the local planning authority. This scheme shall have regard to the recommendations set out in the Preliminary Ecological Appraisal by Focus Ecology dated 28th June 2017 and shall include an implementation timetable. The works shall thereafter be carried out in accordance with the approved details and timetable.
Reason: To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site and for the wider area in accordance with paragraphs 109 and 118 of the Framework and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017.
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| No development above ground floor slab level of any part of the development hereby permitted shall take place until samples of all materials to be used in the construction of the external surfaces of the development have been submitted to and approved in writing by the Local Planning Authority, including (where applicable):
a) samples of all brick, render and tiling (including details of the colour of render/paintwork to be used)
b) samples of any cladding to be used, including details of their treatment to protect against weathering
c) samples of all hard surfacing materials
d) samples of the proposed window, door and any balcony treatments
e) samples of all other materials to be used externally
Development shall be carried out in accordance with the approved details.
Reason: To ensure that the new materials are in keeping with the surroundings and/or represent quality design in accordance with Policy SWDP 21 of the South Worcestershire Development Plan.
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| Prior to installation, details of broadband provision 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 development is first brought into use and retained thereafter.
Reason: To ensure that the development is provided with adequate broadband provision in accordance with Policies SWDP26 of the South Worcestershire Development Plan.
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| No development above ground floor slab level shall commence until, details of sustainability measures from renewable or low carbon sources equivalent to at least 10% of predicated energy requirements (regulated and unregulated) to be incorporated into the design of the dwellings hereby approved, to reduce energy usage have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented in accordance with a timetable to be approved in writing by the Local Planning Authority and 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
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| The construction above slab level of any building hereby approved shall not be commenced until a scheme of hard and soft landscaping, including the green infrastructure areas, shall be submitted to and approved in writing by the Local Planning Authority. These details shall include indications of all existing trees and hedgerows on the land, including those to be retained, together with measures for their protection which shall comply in full with BS5837:2012 Trees in relation to design, demolition and construction – Recommendations, in the course of the development, together with a scheme for the subsequent maintenance of any trees, shrubs and hedges retained on the site and any proposed to be planted as part of the approved landscaping scheme. Soft landscape details shall include planting plans, written specifications, schedules of plants - noting species (which should be indigenous), planting sizes and proposed density.
All planting, seeding and/or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or the completion of the development, whichever is the sooner, and any trees, shrubs, hedges or plants which within a period of five years from the completion of development die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. All hard landscaping comprised in the approved details of landscaping shall be carried out before the completion or first occupation of the development, whichever is the sooner.
Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with Policies SWDP 5, SWDP21 and SWDP25 of South Worcestershire Development Plan.
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| No development shall commence until fences for the protection of trees to be retained have been erected in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. The fences shall be erected in accordance with BS5837 (2012) and shall be retained until the completion of the development and no vehicles, plant or materials shall be driven or placed within the areas enclosed by such fences.
Reason: As this matter is fundamental to protecting the trees which are to be retained on the site during construction works in the interest of the visual amenities of the area and to comply with policies SWDP21 and SWDP25 of South Worcestershire Development Plan.
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| Before the first occupation of the development hereby permitted a schedule of landscape maintenance in perpetuity has been submitted to and approved in writing by the local planning authority. The schedule shall include details of the arrangements for its implementation, long-term design objectives, management responsibilities and maintenance schedules for all landscape areas (excluding domestic gardens). The approved landscape maintenance schedule shall be fully implemented.
Reason: To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with Policies SWDP 21 and SWDP 25 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 SWDP21 of the South Worcestershire Development Plan.
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| Notwithstanding the submitted details no boundary treatments shall be erected until details of the boundary treatment to be erected have been submitted to and approved in writing by the Local Planning Authority. These details shall include a plan 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). The boundary treatments shall include the external site boundaries, the treatment of plot frontages and boundaries between plots.
Reason: In the interests of residential and visual amenity in accordance with Policies SWDP 21 and 25 of the South Worcestershire Development Plan.
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| Before the development hereby permitted is first occupied 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 to ensure the development contributes to the conservation and enhancement of biodiversity within the site and the wider area in accordance with policies SWDP1, SWDP21, SWDP22 and SWDP25 of South Worcestershire Development Plan.
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| No development above ground floor slab level of any part of the development hereby permitted shall take place until, details of facilities that allow occupiers to separate and store waste for recycling and recovery shall be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason: To ensure a satisfactory form of development, in accordance with Policy SWDP21 and Policy SWDP 33 of the South Worcestershire Development Plan.
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| The dwellings hereby permitted shall not be first occupied until appropriate cabling and outside electrical socket is supplied for each property to enable ease of installation of an electric vehicle charging point (houses with dedicated parking). The wiring must comply with BS7671. The socket should comply with BS1363, and must be provided with a locking weatherproof cover if located externally to the building. The cable and switches should be installed such as they can be adapted to an EV chargepoint that complies with BS EN 62196 Mode 3 or 4 charging and BS EN 61851 in the future. For developments with unallocated parking i.e. flats/apartments 1 EV charging point per 10 spaces (as a minimum) should be provided by the developer. The charging point must comply with BS EN 62196 Mode 3 or 4 charging and BS EN 61851. As a minimum, chargepoints should comply with Worcestershire County Council Design Guide which requires 7kw charging points for residential developments. The electric vehicle charging points shall be retained for the lifetime of the development unless they need to be replaced in which case the replacement charging point(s) shall be of the same specification or a higher specification in terms of charging performance.
Reason: To reduce pollution in accordance with Policy SWDP 31 of the South Worcestershire Development Plan and Paragraph 35 of the Framework.
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| Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) the garages on plots 1,4,6,7,47 and 53 hereby permitted shall be retained as such and shall not be used for any purpose other than the garaging of private motor vehicles associated with the residential occupation of the property without the grant of further specific planning permission from the Local Planning Authority.
Reason: To ensure that appropriate off-street vehicular parking provision is provided in accordance with Policies SWDP 21 of the South Worcestershire Development Plan. |
| The dwellings hereby approved shall be constructed with Ultra-Low NOx gas central heating boilers with maximum NOx Emissions less than 40 mg/kWh. The boilers shall be retained thereafter unless they need to be replaced in which case the replacement boiler shall be of the same specification or have a lower NOx emission output.
Reason: In the interests of the living conditions of occupiers of nearby properties and future occupiers of the site.
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| Notwithstanding the submitted levels before preparation of levels on site for the development hereby approved, the finished ground floor levels of the buildings in relation to the existing and proposed site levels, the adjacent highway and adjacent properties, together with details of levels of all accesses to include pathways, driveway, steps and ramps, retaining walls and drainage features shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme unless the Local Planning Authority gives its written consent to any variation.
Reason: In order to achieve a satisfactory form of development with regard to the topography of the site in accordance with Policies SWDP21 and SWDP25 of South Worcestershire Development Plan.
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| Prior to the commencement of the development a Water Management Statement, setting out water efficiency measures and confirming that the daily non-recycled water use per person will not exceed 110 litres per day, 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 occupation 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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| Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:-
- seeking further information following receipt of the application;
- seeking amendments to the proposed development following receipt of the application; and considering the imposition of conditions and or the completion of a s.106 legal agreement.
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
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| All wild bird species are legally protected under the Wildlife and Countryside Act 1981 (as amended) from any form of disturbance between the onset of nest building and until such time as any dependent young have left the nest, principally from the beginning of March to the end of August.
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| All species of bats and their roosts (whether the bats are present or not) are protected from reckless killing, disturbance or destruction under both national and European legislation. Cracks, cavities and holes in trees and buildings can provide suitable places for bats to rest or hibernate; these should be carefully inspected prior to carrying out any works. If bats are discovered during work on trees or are suspected of being present, the relevant work should be halted and Natural England (formerly English Nature) notified and further advice sought (http://www.naturalengland.org.uk/).
For more information about bats and the law, please go to the Bat Conservation Trust website: http://www.bats.org.uk/ For information on surveying for bats in trees and woodland please go to the bsi website: http://shop.bsigroup.com/upload/273444/BSI-Bat-Microguide-UK-EN.pdf
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| The applicants attention is drawn to the existence of an agreement made under Section 106 of the Town and Country Planning Act 1990 (as amended), and the restrictions imposed therein.
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| Any proposals to alter existing, or construct new, culverts or carry out works in or on an ordinary watercourse will need Land Drainage Consent under s.23; Land Drainage Act 1991 from SWLDP. Such consent will need to be granted prior to any works commencing on site as consent cannot be granted retrospectively. Failure to comply may result in enforcement action being taken by the Lead Local Flood Authority, Worcestershire County Council, under the Act. SWLDP may also exercise powers to require works for maintaining flow of a watercourse where appropriate under s.25 of the Act where the proper flow of water is impeded. |
| If it is the applicant's intention to request the County Council, as Highway Authority, to adopt the proposed roadworks as maintainable at the public expense, then details of the layout and alignment, widths and levels of the proposed roadworks, which shall comply with any plans approved under this planning consent unless otherwise agreed in writing, together with all necessary drainage arrangements and run off calculations shall be submitted to the County Council's Network Control Manager, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP. No works on the site of the development shall be commenced until these details have been approved by the County Council as Highway Authority and an Agreement under Section 38 of the Highways Act, 1980, entered into.
Drainage Details for Section 38 It is not known if the proposed roadworks can be satisfactorily drained to an adequate outfall. Unless adequate storm water disposal arrangements can be provided, the County Council, as Highway Authority, will be unable to adopt the,proposed roadworks as public highways.
The applicant is, therefore, advised to submit the engineering details referred to in this conditional approval to the County Council's County Network Control Manager, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP at an early date to enable surface water disposal arrangements to be assessed.
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| No Drainage to Discharge to Highway Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway. No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.
Protection of Visibility Splays The applicant's attention is drawn to the need to ensure that the provision of the visibility splay(s) required by this consent is safeguarded in any sale of the application site or part(s) thereof.
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| This consent does not authorise the erection of temporary direction signs on the public highway. Should the applicant wish to direct traffic to the development site they should seek the consent of the Highway Authority. All temporary directional sign proposals should be submitted to the Network Control Manager, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP. No signs should be erected without the consent of the Highway Authority.
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| It is expected that contractors are 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:
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.
- 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. This does not offer any relief to obligations under existing Legislation.
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| Prior to the commencement of development an Employment, Skills and Local Procurement strategy shall be submitted to the Local Planning Authority and agreed in writing. This strategy shall set out measures to provide local employment, skills and business opportunities during the construction of the development (and end use where appropriate) hereby approved. The development shall be carried out in accordance with these approved details.
Reason:- To ensure that the proposed development provides opportunities for local employment and training opportunities in accordance with the expectations of SWDP 1 of the South Worcestershire Development Plan and the aims and objectives of the National Planning Policy Framework. |
| 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.
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 as part of this condition 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 128 and 141 of the National Planning Policy.
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| Before the preparation of ground levels for the development hereby approved, full details of the proposed play area for the development (including grass seeding/turfing, planting, fencing, safety surfacing, play equipment, seats, litter bins and lighting) shall be submitted to and approved in writing by the Local Planning Authority. The scheme so approved shall be fully implemented in accordance with an implementation programme which will have been submitted to and approved in writing by the Local Planning Authority and the approved play area shall be so retained solely for the purposes of children's recreation.
Reason: In the interests of ensuring that sufficient amenity space is provided on the development site for the future occupiers of the dwellings having regard to SWDP 39 of the South Worcestershire Development Plan.
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