Planning Application

Case number W/14/00329/OU

Outline application for erection of up to 36 dwellings (Class C3) with landscaping; vehicular access and all associated works

Location: Land South of, Badsey Road, Badsey

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Application Type: Outline

Parish: Badsey

Ward: Badsey

Application Received: 17 February 2014

Statutory Start Date: 21 February 2014

Consultation Period From: 25 February 2014

Consultation Period End: 30 April 2014

Decision Date: 18 August 2014

Case Officer: Heather Pearson

Status: Decided

Decision: Approved - Outline

This decision is subject to the following conditions:

  1. 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 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. This is to ensure that the housing is deliverable (as set out in footnote 11 of the National Planning Policy Framework) to help significant boost the supply of housing. This is in accordance with the Provisions of the Framework.

  2. Approval of the details of the layout, scale and appearance of the building(s) 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.

  3. Any reserved matters application relating to appearance shall include details of the materials to be used in the construction of the external surfaces of any building.

    Development shall be carried out in accordance with the approved details.

    Reason - To ensure that the proposal is high quality design and preserves the character and appearance of the surrounding street scene. This is in accordance with Local Policy SUR1 as well as guidance contained in the Residential Design Guide SPD.

  4. As part of the reserved matters application, the precise floorslab levels of each new dwelling, relative to the existing development on the boundary of the site shall be submitted to and approved by the Local Planning Authority.

    Development shall be carried out in accordance with the approved details thereafter.

    Reason - This permission is in outline only and further details of the reserved matters are required to ensure that the proposal does not have an adverse impact visually upon the surrounding environment or the amenities of adjacent residential properties. This is in accordance with Saved Local Plan Policies GD2, ENV1 and SUR1.

  5. Prior to the commencement of development, a comprehensive surface water drainage scheme shall be submitted to and approved by the local planning authority. Details of the implementation, maintenance and management of the sustainable drainage scheme shall also be submitted to and approved. The scheme shall be implemented (prior to the occupation of any dwellings) and thereafter managed and maintained in accordance with the approved details. Those details shall include:

    a timetable for its implementation, and a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime.

    Reason - To ensure the proposed development does not exacerbate flood risk and deals with surface water run-off from the site in a sustainable manner, in accordance with policy ENV19 of the Wychavon District Local Plan (adopted June 2006) and the provisions of the Council's Water Management Supplementary Planning Document (October 2009).

  6. 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.

    Temporary fencing for the protection of all retained trees/hedges on site during development shall be erected, to a minimum height of 1.2 metres, below the outermost limit of the branch spread, or at a distance equal to half the height of the tree, whichever is the further from the tree.

    Such fencing should be erected in accordance with BS 5837:2005, before any materials or machinery are brought onto site and before any demolition or development, including erection of site huts, is commenced.

    This protective fencing shall be maintained on site until the completion of development, and nothing should be stored or placed, nor shall any ground levels be 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.

    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. This is in accordance with Saved Local Plan Policy ENV8.

  7. 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 5 have been complied with:

    Part 1. 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 2. 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 3. 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 4. 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 5. 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 6. 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 offsite receptors .

  8. As part of any reserved matters application a plan shall be submitted indicating the positions, design, materials and type of boundary treatment to be erected.

    Development shall be carried out in accordance with the approved details and be implemented prior to the occupation of the dwellings.

    Reason - In order to ensure that there is an acceptable form of screening with adjacent properties. This is in accordance with saved Local Plan Policy GD2.

  9. Any reserved matters application relating to the appearance of the development shall include details of the facilities for the storage of refuse for all proposed dwellings. No individual dwelling shall be occupied until refuse storage facilities to serve that dwelling have been constructed in accordance with approved details. The facilities shall thereafter be retained.

    Reason - To ensure the proposed dwellings have adequate refuse storage facilities. This is in accordance with the adopted Residential Design Guide SPD.

  10. 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. This is in accordance with saved Local Plan Policy GD2.

  11. Any reserved matters application relating to the appearance, scale and layout of the development shall be broadly in accordance with the amended Design & Access Statement issue no3 (dated January 2014) . All reserved matters applications shall include a statement providing an explanation as to how the design of the development responds to the details submitted as part of the outline application.

    Reason - To ensure that the proposal represents a high quality design. This is in accordance with the provisions of the (2010) Adopted Residential Design Guide SPD.

  12. Finished floor levels of the dwellings hereby approved shall be set no lower than 32.1m AOD (600mm above the 2007 peak Badsey Brook flood level) as detailed within the Flood Risk Assessment (dated 10 December 2013, Ref. 10-4102-FRA).

    Reason - To protect the proposed dwellings from flood risk for the lifetime of the development.

  13. A Construction Environmental Management Plan shall be submitted to and approved in writing by the local planning authority prior to commencement of development. This shall include 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 and the location of site operatives facilities (offices, toilets etc);

    The measures set out in the approved Plan shall be carried out 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 by in writing by the local planning authority.

    Reason - To protect the amenities of nearby properties during the construction of the development and to protect the natural and water environment from pollution.

  14. Notwithstanding the information submitted with the application, no development shall take place until the following details have been submitted to and approved in writing by the local planning authority:

    i) details on how renewable energy measures are to be incorporated into the proposed development; ii) details of measures to conserve and recycle water to be incorporated into the proposed development; iii) details of energy efficiency measures to be incorporated into the proposed development; and iv) 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 an 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.

  15. The reserved matters details required under conditions 1 and 2 above shall include details of on-site play and open space/facilities. Details to be submitted shall include a management plan, landscaping, planting and equipment to be provided on the proposed amenity spaces. The on-site public open space shall be provided in accordance with the approved details within 12 months from commencement of development.

    Reason - To ensure the provision of adequate amenity/open space and recreation facilities to serve the proposed development.

  16. Before any other works hereby approved are commenced, visibility splays shall be provided from a point 0.6m above ground level at the centre of the estate road junction to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway, (measured perpendicularly), for a distance of 149 metres in a westerly direction and 62 metres in an easterly direction along the nearside edge of the adjoining carriageway, Badsey Road B4035. Nothing shall be planted, erected and or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above and these areas shall thereafter be retained and kept available for visibility purposes at all times.

    Reason: In the interests of highway safety.

  17. Development shall not begin until the engineering details and specification of the residential estate road junction connecting to Badsey Road together a 2m wide footway along Badsey Road in an easterly direction connecting to the existing footway provision.

    The introduction of additional street lighting on Badsey Road. The internal estate road carriageway width for the first 15m shall be 5.5m wide and thereafter 4.8 metres wide together with footways, service strips and highway drains have been submitted to and approved in writing by the Local Planning Authority.

    Reason: To ensure an adequate and acceptable means of junction and access is available before the dwellings are occupied.

  18. Prior to the occupation of the dwellings hereby approved the existing field entrance and vehicular access onto the adjoining highway, Badsey Rd shall be permanently closed. Details of the means of closure and reinstatement of this existing access shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of work on the development hereby approved.

    Reason - To ensure the safe and free flow of traffic using the adjoining County highway.

  19. Before any other works hereby approved are commenced the construction of any temporary access for site operatives to undertake construction works within the application site the vehicular access between the nearside edge of the adjoining carriageway and the highway boundary shall be carried out in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority, at a gradient not steeper than 1 in 20. The temporary access shall be permanently closed upon occupation of 75% of the dwellings hereby approved.

    Reason - In the interests of highway safety and to minimise the likelihood of indiscriminate parking on the adjoining highway.

  20. Prior to the first occupation of the dwellings hereby approved secure parking for two cycles to serve one and two bedroom properties and 4 secure parking for four cycles to serve three and four bedroom properties shall comply with the Council's standards shall be provided within the curtilage of each dwelling and these facilities shall thereafter be retained for the parking of cycles only.

    Reason - To comply with the Council's parking standards.

  21. The development hereby permitted shall not begin until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide for: a) The parking of vehicles of site operatives and visitors within the application site. b) Loading and unloading of plant and materials within the application site. c) Storage of plant and materials within the application site. d) Siting of site offices within the application site.

    Reason - To prevent indiscriminate parking in the interests of highway safety.

  22. No dwellings hereby permitted shall be occupied until the applicant has submitted to and have approved in writing a welcome pack that promotes sustainable travel for future residents with the Local Planning Authority.

    Reason - To reduce vehicle movements and promote sustainable access.

  23. Development shall not begin until wheel-cleaning apparatus has been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority and this equipment shall be operated and maintained during construction of the development hereby approved.

    Reason - To ensure that the wheels of vehicles are clean before egressing Badsey Road interests of highway safety.

  24. The dwellings hereby permitted shall not be occupied until individual vehicular accesses and entrances and parking facilities have been properly consolited, 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

  25. The application for reserved matters shall include a detailed ecological mitigation and enhancement scheme, which shall be based on the recommendations contained within section 4 of the Extended Phase 1 Habitat Survey Report by Cotswold Wildlife Surveys dated June 2013 and updated survey information if appropriate. It shall also include details of bat roosting and bird nesting features, lighting information in relation to bat roosting and foraging habitat, suitable precautionary measures in respect of reptiles, mammals and birds 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 ensure protected species are not harmed by the development in accordance with the Conservation of Habitats and Species Regulations 2010 and the Wildlife and Countryside Action 1981 (as amended) and to make appropriate provision for protected species and natural habitat within the development in accordance with paragraphs 109 and 118 of the NPPF.

  26. The development hereby permitted shall be carried out in accordance with the following approved plans:

    7184-100 Rev A Access point as shown on the indicative layout plan

    Reason - To define the permission.

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Applicant

Cameron Homes Ltd
c/o Agent

Agent

Mrs R Best
Stansgate Planning
9 The Courtyard
Timothy's Bridge Road
Stratford-Upon-Avon
Warks

Location Map

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.

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