Application Number M/24/01453/TDC5
Status Application Approved

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Planning Online Status


  • Application
    Valid
    14/10/2024
  • Consultation
    End
    03/12/2024
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    09/12/2024
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number M/24/01453/TDC5
Location Address Instones Stocks Lane Leigh Sinton Malvern WR13 5DY
Proposal Technical details consent for Proposed development of 2 dwellings in reference to previous planning application 21/01785/PIP. (VARIATION OF CONDITION 2 of TECHNICAL DETAILS CONSENT M/23/00878/TDC5)
Status Approval
Application Type Technical Details Consent (minor housing-led development)
Appeal Decision N/A

Important Dates
Application Received Date 14/10/2024
Application Valid Date 14/10/2024
Consultation Start Date 24/10/2024
Site Visited / Site Notice Date
Consultation End 03/12/2024
Advert Expiry 21/11/2024
Committee Date (if applicable)
Committee Agenda
Decision Date 09/12/2024

Further Information
Expected Decision Level Delegated
Case Officer Hayley Jones
Parish Leigh CP
Ward Alfrick, Leigh & Rushwick Ward
Applicant Mr Benjamin James, Dreambuild Developments Ltd.
Agent Mr Benjamin James, Dreambuild Developments Ltd.
Agent Address Instones Stocks Lane Leigh Sinton Worcestershire WR13 5DY

Condition Details / Information Notes
Unless where required or allowed by other conditions attached to this permission/consent, the development hereby approved shall be carried out in accordance with the information (including details on the proposed materials) provided on the application form and the following plans/drawings/documents – IN-DWG-BEP-(3) Reason: To define the permission.
The materials to be used in the construction of the dwellings hereby approved shall be as set out in the previous approval under application reference M/23/00878/TDC5: Oak Russet brick by Weinberger, Oak framing, K render panels in champagne & traditional red clay roof tiles. Reason - To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan.
The Development hereby approved shall be carried out in accordance with Construction Environmental Management Plan (amended drawing IN-DWG-SCL) received 7th Augst 2024. 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 and Site operatives' parking, material storage and the positioning of operatives' facilities shall only take place on the site in locations approved by in writing by the local planning authority. Reason: To ensure the provision of adequate on-site facilities and in the interests of highway safety
The surface water drainage shall be carried in accordance with approved drawing No: IN-DWG-SWDP details approved under application reference M/24/00796/CCO and the Water Management Statement submitted with the application. Reason: To ensure that the development is properly drained, avoiding flood risk and pollution in accordance with Policies SWDP 28, 29 & 31 of the South Worcestershire Development Plan.
The Ecological Mitigation & Enhancement features on approved Drawing No IN-DWG-BEP (2) shall be implemented in full prior to occupation of the dwelling. 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.
Unless indicated on the approved plan(s) to be removed, all existing trees and hedges on the application site, or branches from trees on adjacent land that overhang the application site, shall be retained and shall not be felled or pruned or otherwise removed within the construction period and then for a period of five years from the completion of the development without the previous written consent of the local planning authority. If any retained tree/hedge is removed, uprooted or destroyed or dies, replacement planting shall be carried out in the first available planting season, in accordance with details to be approved in writing by the local planning authority. Reason - To prevent existing trees/hedges from being damaged during construction work and to preserve the amenities of the locality. In accordance with policies SWDP 21 & 22 of the South Worcestershire Development Plan.
Temporary fencing for the protection of all retained trees/hedges on site and trees outside the site whose Root Protection Areas fall within the site shall be erected in accordance with BS 5837:2012 (Trees in Relation to Design, Demolition and Construction) before development of any type commences, including site clearance, demolition, materials delivery, vehicular movement and erection of site huts. Any alternative fencing type or position not strictly in accordance with BS 5837 (2012) must be agreed in writing by the local planning authority prior to the commencement of development. This protective fencing shall remain in place until the completion of development or unless otherwise agreed in writing with the local planning authority. Nothing should be stored or placed (including soil), nor shall any ground levels altered, within the fenced area without the previous written consent of the local planning authority. There shall be no burning of any material within 10 metres of the extent of the canopy of any retained tree/hedge. Reason - To prevent existing trees/hedges from being damaged during construction work and to preserve the amenities of the locality. In accordance with policies SWDP 21 & 22 of the South Worcestershire Development Plan.
The following specified renewable energy features shall be incorporated within the development: air source heat pump & solar panel array. Reason - To ensure the development supports the delivery of low carbon/renewable energy and safeguards natural resources in accordance with policy SWDP27 of the South Worcestershire Development Plan.
The scheme of landscaping as approved on drawing NO: IN-DWG-TPP & IN-DWG-LP and supplementary information received in email dated 16th August shall be carried out in the first planting and seeding/turfing seasons following the completion or first occupation/use of the development, whichever is the sooner. 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 - To ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan.
The boundary treatment as shown on approved drawing IN-DWG-TPP received 16th August 2024 shall be completed before the first use/occupation of the development hereby permitted. Reason - To protect the amenities of properties and ensure the proposed development does not have an adverse effect on the character and appearance of the area in accordance with policies SWDP21 and SWDP25 of South Worcestershire Development Plan..
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.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting, substituting, amending, extending, consolidating, replacing or modifying that Order), no restricted works, additions, extensions or external alterations, new windows or other openings, building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house, other than those expressly authorised by this permission shall be constructed/carried out on the application site following the completion/first use of the development hereby permitted. Reason: In order to preserve the character and appearance of the area in accordance with SWDP 21 of the South Worcestershire Development Plan.
The Development hereby approved shall not be occupied until the first 5 metres of the access into the development, measured from the edge of the carriageway, has been surfaced in a bound material. Reason: In the interests of highway safety.
The Development hereby approved shall not be brought into use until the visibility splays shown on drawing IN-DWG-VP have been provided. The splays shall at all times be maintained free of level obstruction exceeding a height of 0.6m above adjacent carriageway. Reason: In the interests of highway safety.
Positive and Proactive Statement. In dealing with this application, the Council has worked with the applicant in the following ways:- providing pre-application advice. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.
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. Reason: In the interests of highway safety in accordance with Policy SWDP21 of the South Worcestershire Development Plan.
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.

Copyright Notice

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

Consultation Responses

Neighbour List


In addition to consultations with the consultee listed, we will publicise the application in accordance with national requirements and our local policy. This publicity usually takes the form of letters to nearby properties, the posting of site notices and/or the placing of a public notice in our local newspapers.


Name Address Sent Reply Received
Adam Clarke Royal Oak Inn Malvern Road Leigh Sinton MALVERN WR13 5DZ 24/10/2024
Daniel Hunt The Ferns 2 Hereford Road Leigh Sinton MALVERN WR13 5DS 24/10/2024
Joe Blain 19 Norway Close Leigh Sinton MALVERN WR13 5FE 24/10/2024
Occupier 18 Hoopers Close Leigh Sinton MALVERN WR13 5BZ 24/10/2024
Occupier 19 Hoopers Close Leigh Sinton MALVERN WR13 5BZ 24/10/2024
Occupier 20 Hoopers Close Leigh Sinton MALVERN WR13 5BZ 24/10/2024
Occupier Spring Lodge Stocks Lane Leigh Sinton MALVERN WR13 5DY 24/10/2024
Occupier Beacon View Stocks Lane Leigh Sinton MALVERN WR13 5DY 24/10/2024
Occupier Cedar House Stocks Lane Leigh Sinton MALVERN WR13 5DY 24/10/2024
Occupier Deja View Stocks Lane Leigh Sinton MALVERN WR13 5DY 24/10/2024
Sarah rouse 21 Hoopers Close Leigh Sinton MALVERN WR13 5BZ 24/10/2024
Terri Jenkins 18 Norway Close Leigh Sinton MALVERN WR13 5FE 24/10/2024
Valda Cane 1 Hoopers Cottages Hoopers Close Leigh Sinton MALVERN WR13 5DX 24/10/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Defence Estates Safeguarding 24/10/2024 07/11/2024
Aidan Smyth MHDC Archaeology & Planning Advisor 24/10/2024 07/11/2024
Anna Briggs Leigh and Bransford Parish Council 24/10/2024 07/11/2024
Asset Protection Team Severn Trent Water Limited 24/10/2024 07/11/2024
Cllr Peter Whatley Alfrick, Leigh & Rushwick Ward 24/10/2024 07/11/2024
Cllr Sarah Rouse Alfrick, Leigh & Rushwick Ward 24/10/2024 07/11/2024
Drainage Engineer Engineers - S.W. Land Drainage Partnership 24/10/2024 07/11/2024
Highways County Highways 24/10/2024 07/11/2024
Jonathan Brierley The Open Spaces Society 24/10/2024 07/11/2024
MHDC Conservation Officer MHDC Development Plans & Conservation 24/10/2024 07/11/2024
MHDC Legal Services MHDC Legal Services 24/10/2024 07/11/2024
MHDC Natural Heritage & Biodiversity Officer MHDC Natural Heritage & Biodiversity 24/10/2024 07/11/2024
MHDC Tree and Landscape Officer MHDC Tree and Landscape Officer 24/10/2024 07/11/2024
Policy Plans - General Policy Plans - General 24/10/2024 07/11/2024
Ramblers Association (Worcestershire Area) Ramblers Association (Worcestershire Area) 24/10/2024 07/11/2024
Worcestershire & Herefordshire LMC Ltd Local Medical Committee 24/10/2024 07/11/2024
Worcestershire County Council (Footpaths) WCC - Footpaths 24/10/2024 07/11/2024

Constraints List


Constraints List
Permitted Development Rights Removal may apply : M/23/00878/TDC5
CIL009 - Non-Urban Area
s106: Refno:
Paper: Berrows Journal - Thursday
Surface Water: 1 in 1000 extent
Interferometer Area. INFER/7022 -
Interferometer Area. INFER/7017 -
Enforcement Notice Issued Ref: M/ENF/24/0215 Property: Instones, Stocks Lane, Leigh Sinton, Malvern, WR13 5DY
Outside SWDP Development Boundary
TPO REF: TPO/M/687 (2021). ADDRESS: Instones Stocks Lane Leigh Sinton Malvern WR13 5DY
Water Supply. If Major Application consultation required with Severn Trent (Welsh Water if in Bockleton Parish)
Policy Case HLA - MHDC/274/HOU. Instones, Stocks Lane, Leigh Sinton, Malvern, WR13 5DY. Technical details consent for Proposed development of 2 dwellings in reference to previous planning application 21/01785/PIP. . Open Market. Small windfall (HLA only)
SWDP 15: Designated Rural Areas
SWDP 2: Development Boundary
SWDP 5: Protect and Enhance
Neighbourhood Plan: Development Boundaries
Neighbourhood Plan: NPA Boundaries
Public Right of Way: Type- Footpath. Path No- LI-706 C
No associated appeals