Change of use of land from industrial and erection of three dwellings with associated garages and amenity space. Resubmission of application W/13/01130/OU.
Location: Land adjacent, Hurst House, Hurst Lane, Fernhill HeathOther planning applications at this location View location on map
Application Type: Outline
Parish: North Claines
Ward: Lovett & North Claines
Application Received: 25 October 2013
Statutory Start Date: 31 October 2013
Consultation Period From: 6 November 2013
Consultation Period End: 6 December 2013
Decision Date: 9 December 2013
Case Officer: David Addison
Decision: Approved - Outline
This decision is subject to the following conditions:
Application for approval of reserved matters shall be made to the Local Planning Authority before the expiration of 12 months from the date of this permission. The development hereby permitted shall be begun before the expiration of 12 calendar months from the date of approval of the last of the reserved matters to be approved.
Reason - In accordance with the requirements of Section 91 (1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004 and to ensure that the development will proceed promptly so as to assist the Council's housing supply
Approval of the details of the siting, scale, design and external appearance of the buildings and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.
Reason - This permission is in outline only and further details of the reserved matters are required to ensure satisfactory development.
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 accordance with saved Policy GD2 of the Wychavon District Local Plan (June 2006).
No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:
i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. a scheme for recycling/disposing of waste resulting from demolition and construction works.
Reason - To protect the amenities of adjoining/nearby properties from unacceptable adverse effects in accordance with Policy GD2 of the Wychavon District Local Plan (June 2006).
The development hereby permitted shall not be occupied until the access, turning area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority and these areas shall thereafter be retained and kept available for those uses at all times.
Reason - In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway, in accordance with saved Policy GD2 of the Wychavon District Local Plan (June 2006).
All existing trees and hedges on site, or branches from trees on adjacent land that overhang the site, unless indicated on the approved plan(s) to be removed, shall be retained and shall not be felled or pruned or otherwise removed within a period of five years from the completion of the development 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.
If any retained tree/hedge is removed, uprooted or destroyed or dies, replacement planting shall be carried out in the first available planting season of such species, sizes and numbers and in positions on site as may be specified 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 saved Policies SUR2 and ENV8 of the Wychavon District Local Plan (June 2006).
Notwithstanding the information submitted with the application and prior to the commencement of development hereby approved the following details shall be submitted to the Local Planning Authority for approval in writing:-
- details on how renewable energy measures are to be incorporated into the proposed development; - details of measures to conserve and recycle water to be incorporated into the proposed development; - details of energy efficiency measures to be incorporated into the proposed development; and - details of construction materials to be used in the proposed development with the aim of minimising the use of primary non-sustainable materials.
The approved measures shall be implemented and incorporated into the approved development in line with a implementation timetable to be submitted and approved in writing by the local planning authority prior to the commencement of development.
Reason - To ensure the prudent use of natural resources.
Notwithstanding the scale and appearance recommendations specified in the submitted 'Design and Access Statement', any reserved matter application shall demonstrate that the proposed development would not have a built volume greater than 2420 cubic metres, and include a statement as to how the application responds to and complies with the layout submitted with outline application W/13/01130/OU.
Reason - To ensure an appropriate co-ordinated high quality form of development, to accord with Circular 1/06 and 'guidance on information requirements and validation'; in order to protect the openness of the Green Belt; and to ensure that the resulted reserved matters application and final development protects the character of the surrounding area and is in accordance with saved Policies GD2, SR7, ENV1, SUR1 and SUR2 of the Wychavon District Local Plan (June 2006); relevant Supplementary Planning Documents; and paragraph 89 of the National Planning Policy Framework
In relation to the requirements of conditions 1 and 2, details of the facilities for the storage of refuse for all proposed buildings within the development shall be submitted as part of any reserved matters application(s). No individual dwelling shall be occupied until approved refuse storage facilities to serve that dwelling have been constructed in accordance with approved details.
Reason - To ensure the proposed dwellings have adequate refuse storage facilities.
Prior to the commencement of development, details of scheme for the provision and implementation of a surface water regulation system that includes the use of Sustainable Drainage Systems shall be submitted to the Local Planning Authority for approval in writing. A surface water drainage scheme shall be implemented in accordance with approved details prior to the occupation of the first dwelling hereby approved or in accordance with an alternative timetable agreed in writing by the Local Planning Authority.
Reason - To ensure the provision of an adequate and sustainable drainage system, in accordance with saved Policy ENV19 of the Wychavon District Local Plan (June 2006) and the Water Management Supplementary Planning Guidance.
In relation to the requirements of conditions 1 and 2, details of the floor levels of all proposed buildings shall be submitted as part of any reserved matters application(s). Any buildings approved shall be constructed at approved floor levels.
Reason - To ensure the satisfactory development of the site and in the interests of amenity.
The application seeking approval of landscaping and/or layout reserved matters shall include:
1. survey information of all existing trees and hedges on the application site, and branches from trees on adjacent land that overhang the site. The survey shall include for each tree/hedge:
i) the accurate position, canopy spread and species plotted on a plan. ii) an assessment of its general health and stability. iii) an indication of any proposals for felling or pruning. iv) details of any proposed changes in ground level, or other works to be carried out, within the canopy spread.
2. a landscape scheme which shall include:
i) a plan(s) showing the planting layout of proposed tree, hedge, shrub and grass areas. ii) a schedule of proposed planting - indicating species, size at time of planting and numbers/densities of plants. iii) a written specification outlining cultivation and others operations associated with plant and grass establishment. iv) a schedule of maintenance, including watering and the control of competitive weed growth, for a minimum period of five years from first planting.
Reason - To preserve and enhance the visual amenities of the area; to ensure the satisfactory development of the site and to provide ecological mitigation and enhancement - in accordance with saved Policy GD2, Policy ENV1, Policy ENV6, Policy ENV7 and Policy SUR2 of the Wychavon District Local Plan (June 2006).
The application for reserved matters shall include details of bat roosting and bird nesting features, lighting information in relation to bat roosting and foraging habitat, suitable precautionary measures as well as details of long term management. The approved ecological mitigation and enhancement scheme shall thereafter be carried out in full unless otherwise agreed in writing.
Reason - To make appropriate provision for protected species and natural habitat within the development in accordance with paragraphs 109 and 118 of the NPPF and to ensure compliance with the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010.
None of the dwellings shall be occupied until works for the disposal of sewage have been provided to serve the development hereby permitted, in accordance with details to be submitted to and approved in writing by the Local Planning Authority.
Reason - To ensure a satisfactory means of drainage is available to serve the development.
The development hereby permitted relates to the following approved plans:
'1487-100A'; '1487-101'; '1487-102'.
Reason - In order to define the outline permission.
Unless otherwise agreed by the Local Planning Authority development, other than that required to be carried out as part of an approved scheme of remediation, must not commence until Parts 1 to 6 have been complied with:
Part 1. A preliminary risk assessment must 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. The preliminary risk assessment report shall contain a diagrammatical representation (conceptual model) based on the information above and shall include all potential contaminants, sources and receptors to determine whether a site investigation is required and this should be detailed in a report supplied to the Local Planning Authority. The risk assessment must be approved in writing before any development takes place.
Part 2. Where an unacceptable risk is identified a scheme for detailed site investigation must be submitted to and approved in writing by the Local Planning Authority prior to being undertaken. The scheme must be designed to assess the nature and extent of any contamination and must be led by the findings of the preliminary risk assessment. The investigation and risk assessment scheme must be compiled by competent persons and must be designed in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Contaminated Land, CLR11'
Part 3. Detailed site investigation and risk assessment must be undertaken and a written report of the findings produced. This report must be approved by the Local Planning Authority prior to any development taking place. The investigation and risk assessment must be undertaken by competent persons and must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Contaminated Land, CLR11'.
Part 4. 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.
Part 5. The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.
Part 6. Following the completion of the measures identified in the approved remediation scheme a validation 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.
Part 7. 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 in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where necessary a remediation scheme must be prepared, these will be subject to the approval of the Local Planning Authority. Following the completion of any measures identified in the approved remediation scheme a validation report must be prepared, which is subject to the approval in writing of the Local Planning Authority prior to the occupation of any buildings.
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 saved Policy ENV22 of the Wychavon District Local Plan (June 2006).
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, as amended, nothing in Article 3 and Schedule 2 to that order shall operate so as to permit any development specified in Part 1, Class A, B, C, D, E and Part 2, Class A of the said schedule and no such development shall be carried out at any time without an express grant of planning permission under Part III of the Town and Country Planning Act 1990.
Reason - In order to prevent the erection of extensions; outbuildings; or fencing to the dwellings, so as to maintain the size and scale of the buildings which justified the permission for re-development of a brownfield site in the Green Belt, in accordance with saved Policy SR7 of the Wychavon District Local Plan (June 2006) and paragraph 89 of the Framework
Mr J Jeffrey
Mrs K Davies
Fisher German Chartered Surveyors
St Helen's Court
Ashby de la Zouche
Note: The map marker shows the approximate centre of the application postcode, if available, or the nearest geocoded location from the address. The actual location may be slightly different.