Planning Application

Case number W/14/01419/OU

Outline Planning Application for a residential development of up to 90 dwellings, including up to 36 affordable dwellings, with associated new access and car parking, and on-site biodiversity and SuDS area. All matters reserved except access.

Location: Land Adjacent, Langham, Worcester Road, Drakes Broughton

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Application Type: Outline

Parish: Drakes Broughton

Ward: Drakes Broughton

Application Received: 4 July 2014

Statutory Start Date: 4 July 2014

Consultation Period From: 11 July 2014

Consultation Period End: 14 August 2014

Decision Date: 19 October 2015

Case Officer: David Addison

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 three years from the date of this permission. The development hereby permitted shall be begun before the expiration of two years 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.

  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 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.

  5. 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.

  6. 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 if/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.

  7. Any reserved matters application relating to the appearance, scale and layout shall be broadly in accordance with the principles of the Design & Access Statement (dated July 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 high quality design. This is in accordance with Saved Local Plan Policies SUR1; emerging SWDP21; the provisions of the (2010) Adopted Residential Design Guide SPD and guidance contained in the National Planning Policy Framework (Chapter 7).

  8. As part of any reserved matters application, details of any works to the 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.

  9. 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 and approved in writing to the Local Planning Authority and these areas shall thereafter be retained and kept available for those users at all times.

    Reason: In the interests of Highway safety and to ensure the free flow of traffic using the adjoining Highway.

  10. Development shall not begin until details of the proposed signalised pedestrian crossing on the B4084 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 an adequate and acceptable means of pedestrian access is available before the development is occupied.

  11. Development shall not begin until details of the gateway features and right turning facilities as indicated on drawing 2647.02 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.

  12. 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.

  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. No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall:

    provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; include a timetable for its implementation; and provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the 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).

  15. Development should not commence until a hydraulic modelling exercise for the disposal of foul drainage has been submitted to and approved in writing by the local planning authority.

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

    Reason - To ensure that there is sufficient capacity to accommodate the proposed development. This is in accordance with guidance contained in the Planning Practice Guidance.

  16. The development hereby permitted shall not commence until drainage plans for the disposal of foul sewage have been submitted to and approved by the local planning authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

    Reason - To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution. This is in accordance with the provisions of the Planning Practice Guidance.

  17. 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 conditions 1 to 5 have been complied with:

    1. A preliminary risk assessment (a Phase I desk study) submitted to the Local Authority in support of the application has identified unacceptable risk(s) exist on the site as represented in the Conceptual Site Model. A scheme for detailed site investigation must be submitted to and approved in writing by the Local Planning Authority prior to being undertaken to address those unacceptable risks identified. 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".

    2. The detailed site investigation and risk assessment must be undertaken in accordance with the approved Scheme and a written report of the findings produced. This report must be approved by the Local Planning Authority prior to any development taking place.

    3. Where the site investigation identified remediation is required, 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.

    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.

    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.

    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 off site receptors.

  18. 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. In accordance with Policy SUR2 (and ENV7 where site has nature conservation value, and ENV8 for protection of existing hedgerows, trees & woodland) of the Wychavon District Local Plan (June 2006).

  19. The application for reserved matters shall include:

    1. An Arboricultural Impact Assessment in accordance with BS5837:2012 and an Arboricultural Method Statement for the protection of trees and hedges during construction; and

    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 protect and enhance the visual amenities of the area and to ensure the satisfactory development of the site - in accordance with Policy GD2, Policy ENV1 and Policy SUR2 (and ENV7 where site has nature conservation value, and ENV8 for protection of existing hedgerows, trees & woodland) of the Wychavon District Local Plan (June 2006).

  20. 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.

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

    Drawing No. - 3886-01; 3886-02; 3886-03; 3886-04; 2647.02; 57034-SK09 & 57034.

    Reason - In order to define the permission.

  22. No development shall take place until a Ecological Construction Method Statement has been submitted to and approved in writing by the local planning authority. The plan shall include:

    i) an appropriate scale plan showing 'ecological protection zones' where construction activities are restricted and where protective measures will be installed or implemented; ii) details of protective measures (both physical measures and sensitive working practices) to avoid impacts during construction; iii) a Methodology Statement to demonstrate construction activities will be undertaken so as to avoid impact on those parts of the site subject to periods of the year when activities could be harmful, such as the bird nesting and other wildlife breeding or hibernation seasons in accordance with the Biodiversity Plan; and iv) persons/contractors responsible for:

    (a) compliance with legal consents relating to nature conservation; (b) compliance with planning conditions relating to nature conservation; (c) installation of physical protection measures during construction; (d) implementation of sensitive working practices during construction; (e) regular inspection and maintenance of physical protection measures and monitoring of working practices during construction; (f) provision of training and information about the importance of 'Ecological Protection Zones' to all construction personnel on site.

    The Ecological Construction Method Statement shall be carried out fully in accordance with the approved details.

    Reason - To ensure an appropriate method of construction in the interests of the preservation of the amenity of the area and the protection and enhancement of the natural environment and to ensure compliance with the appropriate wildlife legislation.

  23. No development shall take place until full details of an Ecological Mitigation and Enhancement Strategy based on the recommendations of the Ecological Appraisal by EDP dated June 2014 is submitted to and approved in writing by the local planning authority. The details shall include:

    i) Purpose and conservation objectives for the proposed works. ii) a review of the site's ecological constraints and potential; iii) a description of target habitats and range of species appropriate for the site; iv) extent and location of proposed works; v) details of precautionary and protection measures to ensure protected species and retained habitats are not harmed during and after construction; vi) appropriate strategies for creating / restoring target habitats or introducing target species; vii) method statement for site preparation and establishment of target features; viii) sources of habitat materials (e.g. plant stock); and ix) timing of the works. x) details fro monitoring and remedial works.

    The Ecological Mitigation and Enhancement Strategy shall be implemented fully in accordance with the approved details.

    Reason - To ensure that the proposed 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.

  24. No development shall take place until a Biodiversity Management Plan has been submitted to and approved in writing by the local planning authority. The Plan shall include:

    i) description and evaluation of features to be managed; ii) ecological trends and constraints on site that may influence management; iii) aims and objectives of management; iv) appropriate management options for achieving aims and objectives; v) prescriptions of management actions; vi) preparation of work schedule, including a 5 yearly project register, an annual work plan and the means by which the plan will be rolled forward over a 10 year period; vii) personnel responsible for implementation of the plan; and viii) 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.

  25. Notwithstanding conditions 4 and 18 outlined above, the existing landscaping where retained and any future landscaping along the northern boundary of the site adjacent to the highway, shall be maintained at all times at a height of no less than 0.5 metres and no more than 2 metres.

    Reason - To ensure that the visual impact of the proposed development on character and appearance of the street scene is maintained for the lifetime of the development.

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Applicant

Miss V Trotman
Bovis Homes Ltd
Cleeve Hall
Bishop's Cleeve
Cheltenham
Gloucestershire

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SO/14/00788/SO
Date: 14 April 2014
Screen Opinion: Screening Opinion Advice
Proposed development of approximately 90 dwellings.
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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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