| 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 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:- Location and Existing Block Plan, Proposed Block and Gate Plan, 2262/GA-001 rev C Sheet 1/6, sheet 2/6, sheet 3/6, sheet 5/6 sheet 6/6.
Reason: To define the permission. |
| Prior to the first use of the development hereby permitted, the submitted Noise Management Plan revised September 2024 shall be fully implemented and strictly adhered to at all times. In particular:-
The number of boarding dogs shall not exceed thirteen.
Contact details of the operator shall be prominently displayed at the site entrance with clear instructions to notify members of the public the procedure on how to notify the operator if noise issues generated at the site should arise, in accordance with the details at Appendix A of the Noise Management Plan.
The external fenestration serving the four kennels (windows and stable-style doors) will remain shut when that specific kennel is occupied by a dog(s)
The owner/operator shall keep a register of dogs at all times to allow for ease of identification of potential problematic noisy dogs.
This register shall be made available to the local planning authority within one calendar month of a written request.
Reason: In order to protect the amenities of this rural area in accordance with Policies SWDP21 and SWDP31 of the South Worcestershire Development Plan (February 2016).
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| The approved Biodiversity Gain Plan shall be implemented in accordance with the details and timescale agreed within the Plan and maintained thereafter in accordance with the approved Habitat Management and Monitoring Plan (HMMP).
Reason: To ensure that the proposed development delivers a biodiversity net gain in accordance with Schedule 7A of the Town and Country Planning Act 1990 and SWDP22 of the South Worcestershire Development Plan.
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| The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), has been prepared in accordance with the approved Biodiversity Gain Plan submitted to and approved in writing by the Local Planning Authority. It shall include:
(a) a non-technical summary;
(b) the roles and responsibilities of the people or organisation(s) delivering the HMMP;
(c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;
(d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
(e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority,
Notice in writing shall be given to the Council when the habitat creation and enhancement works as set out in the HMMP have been completed.
The created and enhanced habitat specified in the approved HMMP shall thereafter be managed and maintained in accordance with the approved HMMP.
Monitoring reports shall be submitted to the local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP.
The plan shall also set out where the results of the monitoring show that conservation aims and objectives of the HMMP are not being met, how contingencies and/or remedial action are identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.
Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and SWDP22 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 200 and 211 of the National Planning Policy Framework 2012 (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.
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| In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. The applicant is advised to immediately seek the advice of an independent geo-environmental consultant experienced in contaminated land risk assessment, including intrusive investigations and remediation.
No further works should be undertaken in the areas of suspected contamination, other than that work required to be carried out as part of an approved remediation scheme, unless otherwise agreed by the Local Planning Authority, until requirements 1 to 4 below have been complied with:
1. Detailed site investigation and risk assessment must be undertaken by competent persons in accordance with the Environment Agency's 'Land Contamination: Risk Management' guidance and a written report of the findings produced. The risk assessment must be designed to assess the nature and extent of suspected contamination and approved by the Local Planning Authority prior to any further development taking place.
2. Where identified as necessary, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors must be prepared and is subject to the approval of the Local Planning Authority in advance of undertaking. The remediation scheme must ensure that the site will not qualify as Contaminated Land under Part 2A Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
3. The approved remediation scheme must be carried out in accordance with its terms prior to the re-commencement of any site works in the areas of suspected contamination, other than that work required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.
4. Following completion of measures identified in the approved remediation scheme a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval of the Local Planning Authority prior to the occupation of any buildings on site.
Reason - To ensure that the risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property, and ecosystems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. |
| Access to the site is via a public right of way and the applicant’s attention is drawn to the restrictions imposed by Section 34 of the Road Traffic Act, 1988, regarding the driving of motor vehicles over public footpaths/bridleways |
| The applicant must be aware of their obligations towards the public right of way as follows: No disturbance of, or change to, the surface of the path or part thereof should be carried out without written consent (this includes laying concrete, tarmac or similar)
No diminution in the width of the right of way available for use by the public.
Building materials must not be stored on the right of way.
Vehicle movements and parking to be arranged so as not to unreasonably interfere with the public's use of the right of way.
No additional barriers are placed across the right of way. No stile, gate, fence or other structure should be created on, or across, a public right of way without written consent of the Highway Authority.
The safety of the public using the right of way is to be ensured at all times. |
| The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
Subject to Paragraph 14(2) of Schedule 7A TCPA 1990 The biodiversity gain plan must include:
(a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;
(b) the pre-development biodiversity value of the onsite habitat;
(c) the post-development biodiversity value of the onsite habitat;
Advice about how to prepare a Biodiversity Gain Plan and a template can be found at https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan |
| 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;
- 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. |
