Outline planning application for up to 120 dwellings (Use Class C3) with means of site access from Dilmore Lane and formation of emergency access onto Firlands Close for consideration and all other matters (layout, scale, appearance and landscaping) reserved for subsequent approval; open space; earthworks to facilitate surface water drainage; and all other ancillary and enabling works.
Location: Land Off, Dilmore Lane, Fernhill Heath
Other planning applications at this location View location on mapApplication Type: Outline
Parish: North Claines
Ward: Lovett & North Claines
Application Received: 20 February 2014
Statutory Start Date: 20 February 2014
Consultation Period From: 25 February 2014
Consultation Period End: 25 October 2014
Decision Date: 12 October 2015
Case Officer: David Addison
Status: Decided
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 18 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 Provisionsof the Framework.
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.
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.
As part of any reserved matters application relating to layout, 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.
Any reserved matters application relating to the appearance and layout 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.
Notwithstanding the information submitted with the application, as part of the reserved matters for appearance and layout the following details shall be submitted and approved:
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 submitted and approved prior to the commencement of development.
Reason - To ensure the prudent use of natural resources. This is in accordance with guidance set out in the adopted Residential Design Guide SPD.
No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the local planning authority.
Reason - To ensure the proposed development does not cause avoidable harm to any features of archaeological interest and to ensure that a proper record of the archaeology of the site is recorded.
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.
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.
All existing trees and hedges on site, or branches from trees on adjacent land that overhangthe site, unless indicated on the approved plan(s) to be removed, shall be retained and shallnot be felled or pruned or otherwise removed without the previous written consent of theLocal Planning Authority.
Temporary fencing for the protection of all retained trees/hedges on site during developmentshall be erected in accordance with BS 5837:2012, before any materials or machinery arebrought 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. In accordance with Policy SUR2 and ENV8 of the Wychavon District Local Plan (June 2006).
Development shall not begin until details of the widening to Dilmore Lane as indicated on Drawing 20051_03_013 Rev D have been submitted to 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 on the highway.
Development shall not begin until details of the enhanced pedestrian crossing facilities on the A38 as indicated on drawing 20051_03_17 (TA Appendix Q) have been submitted to 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 on the highway.
Development shall not begin until details of the improvement works to the A38/A4536 junction as indicated on drawing 20051_03_15 (TA Appendix R) have been submitted to 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 on the highway.
Development shall not begin until the engineering details and specification of the proposed roads 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 access is available before the dwelling or building is occupied.
The development shall not be occupied until the road works necessary to provide access from the nearest publicly maintained highway have been completed in accordance with details submitted to and approved in writing by the Local Planning Authority.
Reason - To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied.
Notwithstanding the details submitted, the development hereby permitted shall not be brought into use until the applicant has submitted to and have approved in writing an acceptable Travel Plan that promotes sustainable forms of access to the site with the Local Planning Authority. This plan thereafter will be implemented and updated in agreement with Worcestershire County Councils Travel Plan Co-ordinator.
Reason - The information submitted was not sufficient and to reduce vehicle movements and promote sustainable access.
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.
Any reserved matters application relating to the appearance, scale, layout and landscaping of the development shall be broadly in accordance with the amended Design & Access Statement (dated February 2014) and the Master Plan (Revision B). 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 high quality design and preserve the setting of the adjacent Listed Building. This is in accordance with Saved Local Plan Policies SUR1 and ENV14; emerging SWDP21; the provisions of the (2010) Adopted Residential Design Guide SPD and guidance contained in the National Planning Policy Framework (Chapter 7).
As part of any reserved matters application, details of the diverted public right of way shall be provided.
Development shall be carried out in accordance with the approved details.
Reason - To preserve the public right of way and its users.
As part of the reserved matters application a comprehensive surface water drainage scheme shall be submitted and approved. Details of the implementation, maintenance and management of the sustainable drainage scheme shall also be submitted to and approved as part of the reserved matters. 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:
1. a timetable for its implementation, and 2. 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. 3. details of potential overland flood flow routes during an extreme rainfall event.
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).
Prior to commencement of development, details of barriers or other methods of restricting the use of the emergency link by unauthorised vehicles shall be submitted to and approved in writing and development shall be carried out in accordance with those details and maintained thereafter.
Reason - In the interests of highway safety.
No development shall take place (including site clearance) until an Ecological Protection, Mitigation and Enhancement Strategy has been submitted to and approved in writing by the local planning authority. The Strategy will be based on principals and recommendations set out within the Ecological Appraisal (CSa/1627/06a) and Great Crested Newt Mitigation Strategy (CSa/1627/10) and will include the following:
- A review of the sites ecological constraints and potential opportunities highlighting key habitat and species, with updated ecological survey information being provided where appropriate; - A description of the extent and location of proposed works; - An appropriate scaled plan showing 'Ecological Protection Zones' where construction activities are restricted and where protective measures will be installed or implemented; - Details of precautionary and protective measures (both physical measures and sensitive working practices) to avoid impacts during construction; - An appropriate scaled plan showing the location and extent of 'Ecological Mitigation and Enhancement' measures to be implemented; - Details of measures to ensure that protected species and retained habitats are not harmed during or after construction. - Specifications for new habitat creation an enhancement including details of site preparation and sources of materials (e.g. plant stock). - A clear timetable for implementation of ecological protection, mitigation and enhancement and a programme for monitoring and maintenance of these measures; and - Identification of those parties responsible for each implementation stage, and how suitable training and provision of information will be delivered to construction personnel on site.
All construction activities and habitat creation and enhancement measures will be implemented in accordance with the approved details set out within the 'Strategy' unless otherwise agreed in writing with the local planning authority.
Reason - To prevent damage to protected species and retained habitats, and ensure that 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.
No development shall take place until a Landscape and Ecology Management Plan is submitted to and approved in writing by the local planning authority. The Plan shall include:
- A description and evaluation of features to be managed; - Ecological trends and constraints on site that may influence management; - Aims and objectives of management; - Appropriate management prescriptions for achieving aims and objectives; - Provision of work schedule, comprising a 5 year project register which identifies management actions to be undertaken each year within this period; - Identification of how the Plan will be rolled forward over a 25 year period; - Identification of parties responsible for implementation of the plan; and - Monitoring and remedial contingency measures triggered by monitoring.
The Plan shall be carried out fully in accordance with the approved details.
Reason - To provide a reliable process for after care and remedial measures to ensure the protection and survival of important protected and notable species and features of nature conservation importance. This is in accordance with saved Local Plan policy ENV6.
The development hereby permitted shall be carried out in accordance with the following approved plans:
Drawing No - RG01 Revision F; RG36 Revision A; RG23 Rev B; 20051_03_013 Rev D; 20051_03_17 (TA Appendix Q) 20051_03_15 (TA Appendix R)
Reason - To define the permission.
Ms S Milward
Taylor Wimpey UK Ltd
c/o Agent
Ms K Ventham
Barton Wilmore LLP
Regent House
Prince's Gate
4 Homer Road
Solihull
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.