application number 19/00826/rem parsonage way, worcester...

Application Number 19/00826/REM

Site Address Land at the junction of Berkeley Way and Parsonage Way, Worcester

Description of Development

Application for variation of condition 7 for P15P0013 and 19/00651/REM, relating to tree works.

Case Officer Mr John Longmuir Applicant Grey Technology Ltd

Ward Member(s) Warndon Parish North

Agent Glazzards

Reason for Referral to Committee

Ward member referral.

Expiry Date

2 January 2020

Key Issues Whether the condition, if amended as proposed, continues to accord with the Development Plan and whether the proposal continues to meet the overarching sustainable development principles of the Framework.

Web link to application https://plan.worcester.gov.uk/Planning/Display/19/00651/REM

Recommendation The Deputy Director – Economic Development and Planning recommends that the Planning Committee grant permission subject to the conditions set out in section 9 of this report.

1. Background

1.1 The application was submitted on the 25th October 2019 and expires on 2nd January 2020.

1.2 The application is referred to planning committee at the request of Councillor Hodgson due to the number of representations and level of local controversy generated by the host application.

2. The Site and Surrounding Area

2.1 The application site covers an area of circa 1.9 ha and is located 500m west of Junction 6 of the M5. It is bounded by the B4639 Berkeley Way to the north, A4440 Parsonage Way to the east and St. Nicholas Lane to the south. Berkeley Way forms a junction with Parsonage Way at a roundabout on the north eastern corner of the site.

https://plan.worcester.gov.uk/Planning/Display/19/00651/REM

https://plan.worcester.gov.uk/Planning/Display/19/00651/REM

2.2 The site is undeveloped, greenfield land which is roughly triangular in shape and generally consists of young native woodland and dense scrub with unmanaged trees. Roughly half the site is covered with dense young native woodland approximately 5-6m in height planted in the late 1990’s in conjunction with the residential development lying just to the south east of the site. There is a mature hedgerow which runs north-south through the centre of the site along the localised ridge line and a tall mature hedgerow along its southern boundary between the site and St Nicholas Lane. The topography of the site is undulating with a localised ridgeline through the centre of the site. From here the site falls away to the east and west approximately by 1 in 13 and to the north by approximately 1 in 15. The highest levels of the site are to the centre of the southern boundary and the land continues to rise gradually beyond this point up to St Nicholas Church. The levels generally vary between 36.7m and 44.5m AOD at each boundary.

2.3 Vehicular access to the site is currently obtained via St Nicholas Lane to the south of the site. Public footpath WN – 519 commences on the south side of the road north-west of St Nicholas Church to the west of Trotshill Farm, where it connects to public footpaths WN-540 and WN-550. An unmetalled unclassified road (UUCR) runs for 92 metres on the opposite side of the A4440 Parsonage Way to the east of the site (WN-51850) and there are carriageway footpaths that run alongside the northern side of the B4639 Berkeley Way and either side of Wainwright Road. The site is also served by public transport by First Bus route 34 that runs along Wainwright Road, Berkeley Way and Hastings Drive in the vicinity of the site.

2.4 The surrounding area is of a mixed character. To the north of the site, across the B4639 Berkeley Way, lies the established existing employment area of Berkeley Business Park.

This forms part of a long corridor of industrial development to the north of the city between Junction 6 of the M5 to the east and the B4850 Blackpole Road to the west. The Business Park contains a varied range of businesses and employment uses, as well as other ancillary uses such as car sales showrooms, hotel and pub/restaurants and some local retail functions at Brindley Place. The new headquarters for Worcester Bosch stands immediately opposite the site on Berkeley Way.

This industrial development is contained by the Worcester to Birmingham Canal Conservation Area corridor to the north. The existing housing area at Warndon Villages is the dominant use to the south and south west of the site, together with other green amenity space.

2.5 The site is designated as part of the Green Network comprising Hillwood Meadow, Warndon Woods LNR, Warndon Court and a number of other connected parcels of land and falls within the designated M5 Protection Corridor in the adopted local plan proposals map and the western end of the application site is also designated as Green Space. The site and surrounding area is designated as being an Archaeological Sensitive Area. The Grade I listed St Nicholas Church and associated car parking is located in an elevated position to the south of the site, together with the Grade II* listed Warndon Court Farm and converted residential barns which are also incorporated within the Warndon Court Conservation Area. To the east of the site on the opposite side of the A4440 Parsonage Way stand the Old Parsonage and its associated barn that are both Grade II listed.

2.6 The application site has no statutory or non-statutory wildlife site designations and does not support any of the priority habitats listed on Annex 1 of the EC Habitats Directive or Schedule 41 of the NERC Act (2006), nor is it listed on the Ancient Woodland Inventory. However, Hillwood Meadow, part of Warndon Woodlands Local Nature Reserve, extends to the south of the site adjacent to the A4440 Parsonage Way. In terms of landscape designation the Worcestershire Landscape Character Assessment identifies the site as being within the Urban Character Area, whilst the land to the east and south beyond St Nicholas Lane and the A4440 is characterised as Principal Settled Farmlands Landscape Character Area. Whilst the Worcestershire Landscape Character Assessment provides supplementary guidance on landscape character, nevertheless this does not relate to the urban character areas within the county. However, the Historic Landscape Character for Worcester assigns a rural character to the area (field amalgamation).

2.7 Planning application P15P0013 was granted consent for the erection of a new mixed employment use building comprising office, research and development facilities to provide the headquarters and accommodate the specific business and operational needs of the applicant, Gtech, to replace their existing premises at Spetchley. Since the grant of this permission, Gtech has temporarily relocated from their original premises at Spetchley to the former Coombers premises in Brindley Road. Planning application P15P0013 was determined by the Planning Committee in March 2016 and the decision was issued on 22nd December 2016 following the completion of the associated Section 106 Agreement.

One of the conditions of this consent was that development should commence within three years of the date of the permission being granted i.e. by 22nd December 2019. The applicant therefore has a matter of days to implement the permission before it lapses.

3. The Proposal

3.1 The application seeks consent to vary pre-commencement condition 7 of planning applications P15P0013 and 19/00651/REM. The purpose of this variation of condition application is to allow the applicant to commence development before the submission and approval of the details required by this specific condition. This will allow the applicant to implement the permission prior to its expiry on 22nd December 2019.

3.2 The application is submitted under Section 73 of the Town and Country Planning Act 1990 that allows an application to be made to vary conditions associated with a planning permission. Section 73 of the Town and Country Planning Act confirms that on such applications the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and:

(a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and (b) if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.

3.3 Thus, it is possible to apply for conditions to be struck out, or for their modification or relaxation. However, in terms of decision making a Section 73 application should be treated just like any other application, and in making their decisions Local planning authorities should focus their attention on national and development plan policies, conditions attached to the existing permission and other material considerations which may have changed significantly since the original grant of permission. A successful application to amend conditions results in the issue of what is in effect a new planning permission, but does not cancel the old permission.

3.4 Notwithstanding the above, a Section 73 application cannot be used to extend the lifespan of a planning permission. Condition 1 attached to the extant permission requires the development to begin not later than the expiration of three years from its date of issue. A new permission granted via this Section 73 application should therefore change this condition such that it instead specifies development must be begun before 22nd December 2019.

3.5 In accordance with Article 15 (7) of The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended by The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018), full details of the application have been published on the Council’s website. As such, Members will have had the opportunity to review the submitted plans and documents in order to familiarize themselves with the proposals prior to consideration and determination of the application accordingly.

4. Planning History

4.1 The following application is of relevance in the determination of this application:

P15P0013- Employment development comprising office, research and development facilities with access from Berkeley Way, car parking, landscaping and associated works on land at the junction of Berkeley Way and Parsonage Way. Approved by the Planning Committee in March 2016 and the decision was issued on 22nd December 2016 following the completion of the associated Section 106 Agreement.

4.2 An application for the approval of matters reserved by conditions 3,4,5,7 and 16 was also submitted on 16th May 2019 and remains undetermined at the time of writing this report.

4.3 Application 19/00651/REM varied conditions 5, 6, 14, 15, 17, 21 and 27 of the original permission (P15P0013). Permission was granted by the Planning Committee at the meeting on 21st November 2019.

5. Planning Policy

5.1 The Town and Country Planning Act 1990 (‘the Act’) establishes the legislative framework for consideration of this application. Section 70(2) of the Act requires the decision-maker in determining planning applications/appeals to have regard to the Development Plan, in so far as it is material to the application/appeal, and to any other material consideration. Where the Development Plan is material to the development proposal it must therefore be taken into account. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the application/appeal to be determined in accordance with the Plan, unless material considerations indicate otherwise.

5.2 The Development Plan for Worcester now comprises:

The South Worcestershire Development Plan (SWDP) which was adopted February 2016

The Worcestershire Waste Core Strategy, which was adopted in December 2012

South Worcestershire Development Plan (SWDP)

5.3 The following policies of the SWDP are considered to be relevant to the application proposals:-

SWDP 1 Overarching Sustainability PrinciplesSWDP 2 Development Strategy and Settlement HierarchySWDP 3 Employment, Housing and Retail Provision Requirement and DeliverySWDP 4 Moving Around South WorcestershireSWDP 5 Green InfrastructureSWDP 6 Historic EnvironmentSWDP 8 Providing the Right Land and Buildings for JobsSWDP 13 Effective Use of LandSWDP 21 DesignSWDP 22 Biodiversity and Geo-diversitySWDP 24 Management of the Historic EnvironmentSWDP 25 Landscape CharacterSWDP 27 Renewable and Low Carbon EnergySWDP 28 Management of Flood Risk SWDP 29 Sustainable Drainage SystemsSWDP 30 Water Resources, Efficiency and TreatmentSWDP 31 PollutionSWDP 33 WasteSWDP 38 Local Green Network

5.4 There have been no changes to the South Worcestershire Development Plan since the original grant of permission.

The Waste Core Strategy for Worcestershire - Adopted Waste Local Plan 2012-2027

5.5 The Waste Local Plan was adopted on 15 November 2012 and is a plan outlining how to manage all the waste produced in Worcestershire up to 2027. The following policies are relevant to this application:

WCS1 (Presumption in favour of sustainable development) WCS17 (Making provision for waste in new development)

5.6 There have been no changes to the Waste Core Strategy for Worcestershire - Adopted Waste Local Plan 2012-2027 since the original grant of permission.

Material Considerations

1. National Planning Policy Framework (NPPF)

5.7 Following the meeting of the Planning Committee in March 2016 the updated version of the National Planning Policy Framework (NPPF) was published and came into effect in February 2019. Whilst this represents a material change in policy circumstances, nevertheless the provisions of the recently published revised NPPF version are largely consistent with, and transferred directly from, the previous version of the NPPF. The terminology and paragraph numbers may differ somewhat but the broad objectives of the revised NPPF are consistent with those of the previous original NPPF. As such, the Local Planning Authority’s decision to grant planning permission for the development remains based on a decision rooted in valid planning material considerations, rigorously assessed and justified.

5.8 The revised National Planning Policy Framework was updated on 19 February 2019 and sets out the government’s planning policies for England and how these are expected to be applied and is a material planning consideration in determining planning applications. All the policies in the NPPF constitute Government's view of what sustainable development in England means in practice: an economic role, contributing to a strong, responsive, competitive economy; a social role, supporting vibrant and healthy communities by providing the supply of housing required to meet the needs of present and future generations and by creating a high quality built environment with accessible local services that reflect the community’s needs; and an environmental role, protecting and enhancing our natural, built and historic environment. Economic, social and environmental improvement should be sought jointly and simultaneously.

5.9 Paragraph 38 of the NPPF encourages Local Planning Authorities to approach decision taking in a positive way and to foster the delivery of sustainable development. Local Planning Authorities are advised to approach decisions on proposed development in a positive and creative way. They should use the full range of planning tools available, including brownfield registers and permission in principle, and work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision-makers at every level should seek to approve applications for sustainable development where possible.

2. National Planning Practice Guidance (NPPG)

5.10 On 6th March 2014 the Government also published National Planning Practice Guidance (NPPG) to compliment the NPPF that has been revised and updated in the meantime and comprises, amongst other matters, air quality, design, housing and economic land availability assessment, noise, Travel Plans, Transport Assessments and statements in decision-taking, Flood risk and coastal change, Use of planning

conditions, Flexible options for planning permissions, and Planning obligations. Similarly, in October 2019 the Government has published the National Design Guide.

5.11 With regard Section 73 applications, pertinent advice is given at paragraphs 13 – 18 of NPPG: Flexible Options for Planning Permissions under the heading: ‘Amending the conditions attached to a permission including seeking minor material amendments (application under Section 73 TCPA 1990)’.

5.12 Further guidance is contained in NPPG: Use of Planning Conditions. Paragraph 7 states that: ‘Care should be taken when considering using pre-commencement conditions that prevent any development authorised by the planning permission from beginning until the condition has been complied with.’ The measure aims to speed up the planning process by discouraging decision makers from including unnecessary pre-commencement planning conditions that might slow down starts on-site. Paragraph 31 advises that in deciding an application under section 73 of the Town and Country Planning Act 1990, the local planning authority must only consider the conditions that are the subject of the application – it is not a complete re-consideration of the application. A local planning authority decision to refuse an application under section 73 can be appealed to the Secretary of State, who will also only consider the condition in question.

5.13 Furthermore, it advises that the original planning permission will continue to exist, whatever the outcome of the application under Section 73. To assist with clarity, decision notices for the grant of planning permission under Section 73 should also repeat the relevant conditions from the original planning permission, unless they have already been discharged. In granting permission under Section 73 the local planning authority may also impose new conditions – provided the conditions do not materially alter the development that was subject to the original permission and are conditions which could have been imposed on the earlier planning permission. (Any pre-commencement conditions may not be imposed without the written agreement of the applicant to the terms of the condition (except in the circumstances set out in the Town and Country Planning (Pre-commencement Conditions) Regulations 2018)).

5.14 There have been no significant changes to the National Planning Practice Guidance since the original grant of permission, which are relevant here.

3. Supplementary Planning Documents

5.15 The following Supplementary Planning Documents are relevant to the application proposals:-

Design Quality SPD

The Design Quality SPD was adopted on 5th March 2018 and replaces the previous Supplementary Planning Guidance Note 3: Design (SPG3). Both documents encourage high standards of design for development proposals in accordance with the aims and interests that the NPPF seeks to protect and promote in this regard. The Design Quality SPD is consistent with the planning policies in the SWDP.

Planning for Health in South Worcestershire SPD

The Planning for Health SPD - primarily focuses on the principal links between planning and health. It provides guidance and interpretation of the SWDP from a public health perspective. The SPD addresses following nine health and wellbeing principles:

Sustainable development Urban form - design and the public realm Housing and employment Age-friendly environments for the elderly and those living with dementia Community facilities Green infrastructure and play spaces/recreation Air quality, noise, light and water management Active travel Encouraging healthier food choices

4. Worcestershire’s Local Transport Plan (LTP4) 2018 – 2030

5.16 LTP4 set out issues and priorities for investment in transport infrastructure, technology and services, focussed on supporting travel by all modes. In accordance with national and local objectives, a series of local transport-specific objectives are identified in the LTP4:

“To support Worcestershire’s economic competitiveness and growth through delivering a safe, reliable and efficient transport network.

To limit the impacts of transport in Worcestershire on the local environment, by supporting enhancements to the natural environment and biodiversity, investing in transport infrastructure to reduce flood risk and other environmental damage, and reducing transport-related emissions of nitrogen dioxide, particulate matter, greenhouse gases and noise pollution. This will support delivery of the desired outcomes of tackling climate change and reducing the impacts of transport on public health.

To contribute towards better safety, security, health and longer life expectancy in Worcestershire, by reducing the risk of death, injury or illness arising from transport and promoting healthy modes of travel.

To optimise equality of opportunity for all of Worcestershire’s citizens with the desired outcome of creating a fairer society.

To enhance the quality of life for Worcestershire’s residents by promoting a healthy, natural environment, for people, wildlife and habitats, conserving our historic built environment and preserving our heritage assets."

5. Worcestershire County Council Streetscape Design Guide (2018)

5.17 The ‘Streetscape Design Guide' (SDG) was produced to aid architects, engineers, planners, developers, designers and other professionals in preparing transport infrastructure related to new developments. It is to be considered in conjunction with Manual for Streets 1 and 2, as well as the Design Manual for Roads and Bridges.

5.18 Chapter 4 relates to ‘Planning for Parking’ and seeks to provide an approach as to how car parking in Worcestershire should be provided to support development in a manner which embraces the NPPF. It is considered that if the applicant is the end user that they are well placed to assess operational demands but all sites must be considered against a planning use class to ensure they equally address the needs of future users. Therefore applications should provide a suitable evidence base to ensure vehicles are not displaced onto the highway to ensure highway safety is not

compromised and maintain the free flow of traffic to the benefit of the local economy.

This document only reflects a small part of managing vehicle demands and therefore should be read alongside the Local Transport Plan (above) which contains policies to promote sustainable travel through the provision of physical infrastructure and travel planning initiatives.

5.19 Car and cycle parking standards are provided within the SDG which replace those contained in WCC's Interim Car Parking Standards (2016). However, car parking standards for commercial and non-residential development proposals are not provided within the SDG, which states that operators should have a good understanding of their needs and will determine how land under their control could be managed. Provision for car parking will be determined based on operational need:

“Car parking need is a subjective matter particularly in the mind of neighbours; the applicant should provide a minimum parking provision for each development along with an evidence base to demonstrate the appropriateness of the provision. Trip rates accumulation should either be derived from first principles or from existing data, for example; TRICS or comparison to facilities of similar size and geographic circumstance.

Adequate space for heavy goods, delivery and public service vehicles must be made within the site boundary, which should not conflict with the proposed parking arrangements.”

6. Consultations

6.1 Formal consultation, including display of press and site notices, has been undertaken in respect of the application. The following comments from statutory and non-statutory consultees have been received in relation to the proposal:-

Neighbours and other third party comments: Considerable objections have been raised on grounds relating mainly to the following matters:

The principle of development of the site and the need with sites available elsewhere ;

Adverse impact of development of the site on the character and appearance of the site, conservation area and heritage assets within it; residential amenities; traffic generation, car parking, noise, pollution, congestion and highway safety, and; trees and wildlife habitats.

the positioning of a pole/stake in the ground, for the gas meter; the insertion of a gas pipe through the hand dug channel; the connection of the pipe to the meter;

Highway Authority: No objection.

Worcester City Council Archaeology Officer: No objection.

Worcester City Council Landscape and Biodiversity Consultant: No objection.

Worcester City Council Tree Officer: No objection.

6.2 At the time of writing this report no other consultation responses have been received. Any additional responses received will be reported to members verbally or in the form of a late paper, subject to the date of receipt.

6.3 In assessing the proposal due regard has been given to local residents comments as material planning considerations. Nevertheless, I am also mindful that decisions should not be made solely on the basis of the number of representations, or signatures on a petition, whether they are for or against a proposal. The Localism Act has not changed this, nor has it changed the advice that local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission unless it is founded on valid planning reasons.

6.4 In addition to the above, it is important to recognise that this application seeks approval for the variation of the wording to approved conditions; it does not re-open consideration of the principle and impact of the development, and whilst representations objecting to the proposals on these grounds are noted, nevertheless they can be afforded no weight as this consent has been granted and remains extant and capable of implementation to date.

7. Comments of Deputy Director - Economic Development and Planning

7.1 The purpose of the proposal is to allow the applicant to commence development before the submission and approval of the details required by the condition 7. This will allow the applicant to implement the permission prior to its expiry on 22nd December 2019. The applicant has submitted that the laying out of pegs of the access road and the building and the installation of gas supply services to serve the development would be sufficient to commence the development. This was accepted by the Planning Committee at the meeting on 21st November in respect of application 19/00651/REM for the variation of conditions 5, 6, 14, 15, 17, 21 and 27 of the original permission (P15P0013).

7.2 In terms of what constitutes commencement of development realistically very little is needed to constitute development. In order to lawfully commence development it is necessary to satisfy the legal requirements in section 56(4) of the Town and Country Planning Act 1990. By virtue of sec.56 (1) development of land is taken to be initiated:

a) if the development consists of the carrying out of operations, at the time when those operations are begun;

b) if the development consists of a change in use, at the time when the new use is instituted;

c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).

Section 56(2) provides that development shall be taken to be begun on the earliest date on which any material operation “comprised in the development” begins to be carried out. The effect of sec.56 is that permissions may be kept alive indefinitely, i.e. remain legally extant and capable of full implementation despite expiry conditions if works or actions to implement them have commenced. These “material operations” are listed at sec. 56(4) as:

a) any work of construction in the course of erection of a building;

aa) any work of demolition of the building;

b) the digging of a trench which is to contain the foundations, or part of the foundations of any building;

c) the laying of any underground main pipe to the foundations or part of the foundations of a building, or to any such trench mentioned in para.(b).

d) any operation in the course of laying out or constructing a road or part of a road;

e) any change in the use of the land which constitutes material development.

For “material operation” rights under sec.56 to apply, commencement works must be “comprised in the development”.

7.3 There is no conclusive precedent to determine whether the laying down of a gas service pipe, which is not referred to in the permission itself, is relied upon as the relevant material operation that keeps the permission alive and it could be argued either way. In the case of Staffordshire CC v Riley [2001] EWCA 257, the Court of Appeal confirmed that whether works were related to the development was determined through an objective test. The intention of the person carrying out the operations was irrelevant.

7.4 On balance, it is the opinion of officers that the laying of a gas pipe is sufficient to begin development and although there are no specific details in the original permission relating to the installation of a gas supply, nevertheless the laying down of a gas pipe is so obviously required for this type of development that this did not need to be specifically mentioned in the decision notice or plans. However, for the avoidance of doubt the applicant has suggested additional works to commence the development being the pegging out of the access road and building.

7.5 In the case of Malvern Hills v SSE [1982] JPL 439, the Court of Appeal held that the making out of the line and width of a road with pegs amounted to an ‘operation’. The Court acknowledged that, ‘very little need be done to satisfy this section’

7.6 I consider the main issues for consideration in the determination of this application are whether the condition, if amended as proposed, continues to accord with the development plan and whether the proposal continues to meet the overarching sustainable development principles of the Framework.

Condition 7

7.7 Condition 7 as approved states the following:

No development shall take place until there has been submitted to and approved in writing by the local planning authority technical details of proposed car park construction works within 4 metres of the outer canopy spread of any existing tree shown to be retained on the approved plans. The details shall include existing and proposed ground levels, materials to be used and the relative time of construction within the whole development and must be in accordance with BS 5837: 2012 and appropriate guidelines, namely and Arboricultural Advisory & Information Service Practice Note 12. Any part of the car park within 4 metres of existing trees must be constructed using minimum excavation techniques incorporating appropriate

surfaces to avoid damage to trees and to prevent any potential direct or indirect damage caused by trees.

For the following reason:- To ensure that existing trees shown on the approved plans to be retained are not damaged or put under pressure for removal as a result of actual or perceived risk of driveway damage, thereby maintaining the visual and environmental quality of the site and the surrounding area in accordance with policies 21, 22, 25 and 38 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to promote and protect with regard to the conservation and enhancement of the rural environment.

7.8 This application seeks to vary the wording to:

Prior to construction of the car park, technical details of proposed car park construction works within 4 metres of the outer canopy spread of any existing tree shown to be retained on the approved plans shall be submitted to and approved in writing by the Local Planning Authority. The details shall include existing and proposed ground levels, materials to be used and the relative time of construction within the whole development and must be in accordance with BS 5837: 2012 and appropriate guidelines, namely and Arboricultural Advisory & Information Service Practice Note 12. Any part of the car park within 4 metres of existing trees must be constructed using minimum excavation techniques incorporating appropriate surfaces to avoid damage to trees and to prevent any potential direct or indirect damage caused by trees. The development shall not be undertaken other than in full accordance with the approved details.

For the following reason:- To ensure that existing trees shown on the approved plans to be retained are not damaged or put under pressure for removal as a result of actual or perceived risk of driveway damage, thereby maintaining the visual and environmental quality of the site and the surrounding area in accordance with policies 21, 22, 25 and 38 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to promote and protect with regard to the conservation and enhancement of the rural environment.

7.9 The variation seeks to amend the phasing for the submission and approval of details to enable works to be carried out to enable the laying out of pegs of the access road and the building and the installation of gas supply services to serve the development in advance of the approval of the details required by condition 7. Given the condition as amended affords the same protection to the trees, shrubs and hedgerows that the condition sought to achieve there should be no harm resulting to these as a result of the condition as amended. Therefore it is considered that the proposal would continue to accord with the expectations of policies SWDP 22, 25 and 38 and it is recommended that this condition be amended as proposed. I also note that there has been no objection raised by the Highway Authority.

7.10 For the reasons set out in this report, it is considered that the proposal continues to accord with the Development Plan. The proposal itself does not alter in any way and so there is no change in impact to consider (for example on neighbouring amenity, site setting, and heritage assets).

8. Planning balance and conclusion

8.1 The submitted proposal seeks to amend pre-commencement condition 7 for P15P0013 and 19/00651/REM. The applicant intends to peg out the access road and the building and the installation of gas supply services to implement the development.

8.2 The proposed change to the wording is only for the actual timing for the submission of the details, rather than such details being provided at the start of any development, they would be provided prior to the car park works. Thus the effect and purpose for the condition is still the same but the only difference is the timescale for submission.

8.3 The revised wording is more precise because the revised timing is now specifically connected to the action required by the condition. This reflects the requirements of CIL Regulations 122/123 whereby conditions should be precise.

8.4 This approach is also re-iterated in the NPPF at paragraph 55:

“Planning conditions should be kept to a minimum and only imposed where they are necessary, relevant to planning and the development permitted, enforceable, precise and reasonable in all other respects. …… Conditions that are required to be discharged before development commences should be avoided, unless there is a clear justification”

8.5 The NPPG actively discourages pre-commencement wording:

“Such pre-commencement conditions should only be used where there is a clear justification, which is likely to mean that the requirements of the condition (including the timing of compliance) are so fundamental to the development permitted that it would otherwise be necessary to refuse the whole permission”.

8.6 The original condition dates back to 2016, when pre-commencement conditions were common place with many planning authorities.

8.7 The revised wording is also more precise and clearer. It pinpoints the timing to the actual works involved rather than relying on a generalized start of development.

8.8 This revised wording also reflects the best practice enshrined in national planning practice.

8.9 Fundamentally, the revised wording keeps the requirements of the condition. The

quoted reason for the condition remains the same, namely to protect existing trees within 4 m of the car park. This will still be wholly achievable.

8.10 There have been considerable public objections. Many are centred upon the principle of the previous permission, and the availability of sites elsewhere. These comments are disputing the appropriateness of the 2016 permission. Similarly, many of the responses also comment on the various implications of the original permission such as highway, noise or heritage matters. However, this application is submitted under Section 73 of the 1990 Town and Country Planning Act. This does state that “on such an application the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted”. This precludes re-visiting the principle of development.

8.11 Some comments have been made about the potential impact on the site’s biodiversity, but this would not be prejudiced by the revisions to the condition as it only changes the timing for submission of the car park details.

8.12 The condition has been examined and it is Officer’s opinion that the variation proposed is acceptable in principle and with the benefit of the proposed variation the proposal continues to represent sustainable development in accordance with the Development Plan. In reaching this conclusion I have had regard to whether the variation to the condition sought would create a fundamental alteration to the original proposal and I am satisfied that it would not do so. As proposed, I consider the proposal is acceptable and would accord with the aims and interests that the Development Plan, emerging SWDP and the National Planning Policy Framework seek to protect and promote in this regard.

9. Recommended Conditions

9.1 In the event that members resolve to grant planning permission the following conditions are recommended:

1. The development must be begun not later than 22nd December 2019.

For the following reason:-

To conform with the requirements of Sections 73 and 91 of the Town and Country Planning Act 1990 (as amended).

2. The development hereby permitted shall be carried out and completed in accordance with the approved plans and associated documents and thereafter shall operate in accordance with the specifications and recommendations contained therein, except where otherwise stipulated by conditions attached to this permission.

For the following reason:

To ensure compliance with the approved plans and details to secure a satisfactory form of development and to safeguard the environmental quality of the site and surrounding area in accordance with policies SWDP 1, 2, 3, 4, 5, 6, 13, 21, 22, 24, 25, 27, 28, 29, 30, 31, 33 and 38 of the South Worcestershire Development Plan, National Planning Practice Guidance and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to, amongst other matters, amenity, air quality, design, heritage assets, natural heritage assets, and flood risk.

3. Prior to the commencement of development of an agreed phase or phases of the development hereby approved, full details of an Ecological Mitigation and Enhancement Strategy based on up-to date survey information shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:

updated ecological surveys where more than 12 months old; species mitigation measures; a review of the site's ecological constraints and potential; a description of target habitats and range of species appropriate for the site; description and evaluation of features to be managed; appropriate strategies for creating/restoring target habitats or introducing target

species;

extent and location of proposed works; details of precautionary and protection measures to ensure protected species and

retained habitats are not harmed during and after construction; method statement for site preparation and establishment of target features; sources of habitat materials (e.g. plant stock); timing of the works; details for monitoring and remedial works; ecological trends and constraints on site that may influence management; aims and objectives of management; appropriate management options for achieving aims and objectives; prescriptions of management actions; 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 25 year period;

personnel responsible for implementation of the plan, and; monitoring and remedial/contingency measures triggered by monitoring. mechanisms to integrate the Ecological Mitigation and Enhancement Strategy

with the SUDS scheme and landscape proposals to maximise the potential for improved biodiversity, visual amenity and

water quality.

The Ecological Mitigation and Enhancement Strategy shall be implemented in accordance with the approved details. The mitigation and enhancement measures shall then be carried out in accordance with the approved scheme and thereafter maintained in accordance with the approved maintenance regime.

For the following reason: -

To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site and for the wider area and to accord with the Wildlife and Countryside Act 1981 and the Conservation of Species and Habitats Regulations 2010 and the aims and interests that policies 22, 25 and 38 of the South Worcestershire Development Plan and theNational Planning Policy Framework seeks to protect and promote with regard to the conservation and enhancement of the natural environment.

4. Prior to the commencement of development hereby approved, anEcological Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The plan shall include:

an appropriate scale plan showing 'ecological protection zones' where construction activities are restricted and where protective measures will be installed or implemented; details of protective measures (both physical measures and sensitive working practices) to avoid impacts during construction; 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 Ecological Mitigation and Enhancement Strategy; and 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 protectionf) measures and monitoring of working practices during construction;g) provision of training and information about the importance of 'Ecological

Protection Zones' to all construction personnel on site.h) The Ecological Construction Method Statement shall be carried out fully in

accordance with the approved details.

For the following reason: -

To ensure an appropriate method of construction and 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 in accordance with the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to the conservation and enhancement of the natural environment.

5. No site clearance or site preparation works of any type shall commence other than the laying out of pegs of the access road and the building and the installation of gas supply services to serve the development until a protective fence (of at least 2 metres in height and in all other respects in accordance with BS 5837 (2012)), shall be erected around all the existing trees, shrubs and hedgerows to be retained within the site and around those trees outside the site whose Root Protection Areas (RPA) (as defined in BS 5837 (2012)) fall within the site, at the outer limit (or beyond) of the their RPA or in a position agreed in writing by the Local Planning Authority. Such fences shall be erected at a distance of not less than 2 metres beyond the canopy spread of the relevant trees, shrubs and hedgerows, and shall be erected before any materials are brought onto the site or development commences. Provision shall also be made for supervision of tree protection by a suitably qualified arboricultural consultant. Within the protected areas, land levels shall not be changed, no fires shall be lit, no equipment, machinery or vehicles shall be operated, parked or stored, no rubbish shall be dumped, and no buildings erected inside the fence(s), no materials shall be stored or disposed of, and there shall be no mixing of cement or use of contaminating materials or substances. In the case of upright growing trees, the fences shall be located as required by the above specification or at a radius from the trunk of two thirds of the height of the tree, whichever is the greater. This tree protective fencing should remain in place until all construction and associated ground-works have been completed.


To ensure that those trees, shrubs and hedgerows to be retained are not subject to damage either as a result of works carried out on site or during the carrying out of such works in accordance with policies 22, 25 and 38 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to promote and protect with regard to the conservation and enhancement of the natural environment.

6. Notwithstanding any details shown on the Landscape Masterplan (Drawing No. DR-5-005 Revision C) full details of both hard and soft landscape works shall be submitted

to and approved in writing by the Local Planning Authority prior to the commencement of any material operation comprised in the development other than the laying out of pegs of the access road and the building and the installation of gas supply services to serve the development. Hard landscape works shall include:

details and specifications of all ground preparation works; hard paving works; steps and ramps, including walkways; proposed finished levels or contours; means of enclosure; car parking layouts; vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. gates, bollards, railings, cycle hoops, steps,

balustrades, street furniture, bins, bollards, signs, lighting etc), and; proposed functional services above and below ground (e.g. drainage, power,

communications cables, pipelines etc indicating lines, manholes, supports etc).

Soft landscape works shall include:

a plan(s) showing the planting layout of proposed tree, hedge, shrub and grass areas;

a schedule of proposed planting - indicating species, size at time of planting and numbers/densities of plants;

a written specification outlining cultivation and others operations associated with plant and grass establishment. This shall include details of soil crates for the planting of semi-mature street trees, or any tree planted in a location where its root run will be restricted;

a written specification for root barriers and other measures to be used to ensure planting is achievable in relation to proposed built form;

a schedule of maintenance, including watering and the control of competitive weed growth, for a minimum period of five years from first planting;

the future management of the common areas including the retained hedges and the height at which they are to be managed;

the installation of any underground utility services within the root protection areas of any retained trees or hedges;

means of enclosure/boundary treatments; other vehicle and pedestrian access and circulation areas; hard surfacing materials;

The landscape works shall not take place other than in accordance with such approved details.


In the interests of the visual and environmental quality of the site and surrounding area and to ensure the satisfactory development of the site and to provide ecological mitigation and enhancement in accordance with policies 21, 22, 25 and 38 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to promote and protect with regard to the conservation and enhancement of the natural environment.

7. Prior to construction of the car park, technical details of proposed car park construction works within 4 metres of the outer canopy spread of any existing tree

shown to be retained on the approved plans shall be submitted to and approved in writing by the Local Planning Authority. The details shall include existing and proposed ground levels, materials to be used and the relative time of construction within the whole development and must be in accordance with BS 5837: 2012 and appropriate guidelines, namely and Arboricultural Advisory & Information Service Practice Note 12. Any part of the car park within 4 metres of existing trees must be constructed using minimum excavation techniques incorporating appropriate surfaces to avoid damage to trees and to prevent any potential direct or indirect damage caused by trees. The development shall not be undertaken other than in full accordance with the approved details.


To ensure that existing trees shown on the approved plans to be retained are not damaged or put under pressure for removal as a result of actual or perceived risk of driveway damage, thereby maintaining the visual and environmental quality of the site and the surrounding area in accordance with policies 21, 22, 25 and 38 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to promote and protect with regard to the conservation and enhancement of the natural environment.

8. The existing trees shown on the approved plans to be retained shall not be damaged or destroyed, uprooted, felled, lopped or topped during the construction period of the development without the prior written consent of the local planning authority. Any trees removed without such consent or dying or being seriously damaged or diseased during that period shall be replaced with healthy trees of such size and species as may be agreed in writing by the local planning authority.


In the interests of the visual and environmental quality of the site and surrounding area and to ensure the satisfactory development of the site and to provide ecological mitigation and enhancement in accordance with 21, 22, 25 and 38 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to promote and protect with regard to the conservation and enhancement of the naturalenvironment.

9. All planting, seeding or turfing comprised in the approved detailsof landscaping shall be carried out by the developer in the first respective planting and seeding seasons following the completion of the development.


In the interests of the visual and environmental quality of the site and surrounding area and to ensure the satisfactory development of the site and to provide ecological mitigation and enhancement in accordance with 21, 22, 25 and 38 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to promote and protect with regard to the conservation and enhancement of the naturalenvironment.

10.Notwithstanding any details within the submitted Landscape Management Plan (January 2015) all planted and grassed areas shall be maintained for a period of not

less than 5 years from the implementation of any specific area of landscaping. Within this period:

a) any tree, shrub or plant which dies, becomes seriouslydiseased, damaged or is removed will be replaced with a tree,shrub or plant of the same or greater size and the same speciesas that originally required to be planted, unless the Local PlanningAuthority gives written consent to any variation, and such newplanting shall be similarly maintained for a five year period fromits planting;

b) any damage to protective and boundary fences will be madegood.


In the interests of the visual and environmental quality of the site and surrounding area in accordance with policies 21, 22, 25 and 38 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to promote and protect with regard to the conservation and enhancement of the natural environment.

11.Notwithstanding any details within the submitted Landscape Management Plan (January 2015) full details of the following matters shall be submitted to and approved in writing prior to the occupation of the development hereby approved.

Schedule:-

phasing of implementation for the detailed design, managementresponsibilities and maintenance schedules for all landscapeareas, including details of the arrangements for itsimplementation for all landscape areas,

mechanisms for integration with the Ecological Mitigation andEnhancement Strategy and SUDS scheme to maximise the potential for improved biodiversity, visual amenity and water quality.

The development shall not be undertaken other than in accordance with such approved details.


In the interests of the visual and environmental quality of the site and surrounding area in accordance with policies 21, 22, 25 and 38 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to promote and protect with regard to the conservation and enhancement of the natural environment.

12.Works to hedgerows and trees shall only take place outside of the bird nesting season (1st March to 31st August inclusive) unless a qualified ecologist has first confirmed that no nesting birds are present. If nesting birds are found, works shall not commence to those hedgerows or trees until birds have fledged (as confirmed in writing to the local planning authority by the ecologist).


To ensure the preservation and protection of nesting birds in accordance with the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to the conservation and enhancement of the natural environment.

13.A scheme for surface water drainage shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any material operation comprised in the development other than the laying out of pegs of the access road and the building and the installation of gas supply services to serve the development. Prior to submission of the scheme an assessment shall be carried out into the potential of disposing of surface water by means of a sustainable drainage system (SuDS), and the results of this assessment shall be submitted to and approved by the Local Planning Authority. If infiltration techniques are used then the plan shall include the details of field percolation tests. There shall be no increase in surface water run-off from the site compared to the existing pre-application run-off rate up to a 1 in 100 year storm event plus an appropriate allowance for climate change. The scheme shall provide an appropriate level of runoff treatment. The scheme shall be implemented in accordance with the approved details before the development is first brought into use. Where a sustainable drainage scheme is to be provided, the submitted details shall:

i. 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;

ii. include a timetable for its implementation; iii. provide a management and maintenance plan for the lifetime of the development

which shall include robust arrangements to secure the operation of the scheme throughout its lifetime.

The development shall not be undertaken other than in accordance with the approved details and maintained as such thereafter.

14.A Construction Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any material operation comprised in the development other than the laying out of pegs of the access road and the building and the installation of gas supply services to serve the development. The plan should include the following:

- means of access for site preparation and construction vehicles including routes to and from the site;

- the management of construction traffic;- the parking of the vehicles of site operatives and visitors;- loading and unloading of plant and materials;- operating hours (including maintenance of plant and equipment) and delivery

times;- the storage of plant and materials used in construction of the development;- details of all temporary contractors buildings, plant, storage of materials and

parking for site operatives;- the erection and maintenance of security hoarding including decorative displays

and facilities for public viewing, where appropriate;- wheel washing facilities where appropriate and the arrangements for their use;- measures to control noise, vibration and the emission of dust and dirt;

- the recycling/disposing of waste resulting from demolition and construction works;

- the operation of plant and machinery (including silencing and sound attenuation) associated with engineering operations.

- site security;- the storage of fuel, oil, and chemicals used in the construction phase of the

development;- measures to address any minor and major spillages of fuel, oil and chemicals;- measures in relation to the prevention of pollution of waterways, including

disposal of surface water run off during the construction phase including any silt/soil contaminated run off;

- measures to enable the monitoring, reporting and auditing of compliance and mechanism for corrective action, and;

- a scheme for recycling/disposing of waste from demolition and construction works.

Construction shall be carried out in accordance with the approved Construction Environmental Management Plan.


In order to ensure that the development of the site is undertaken following best practice and to ensure the protection of the amenities of nearby land users and activities and in order to comply with policy SWDP 21 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy seeks to protect and promote with regard to amenity.

15.Full details of the following matters shall be submitted to and approved by the Local Plan Authority in writing prior to the commencement of any material operation comprised in the development other than the laying out of pegs of the access road and the building and the installation of gas supply services to serve the development: a) Details of earthworks which shall include the existing contours and ground levels

and the proposed grading of land areas including the contours and levels to be formed.

b) the levels of the existing site, the proposed slab levels of buildings and roads and footpath levels assessed against a fixed datum point outside of the site. Cross sections or a computer generated pre and post development landform model across the site identifying the existing and proposed levels must be included, to show the relationship of the proposed grading to the surrounding landform, existing vegetation and proposed landscaping.

c) A Site Waste Management Plan detailing the sustainable management of waste.

The development shall be carried out in accordance with the approved details.


In order to ensure the development is assimilated with existing site contours and wider landscape, to ensure a satisfactory standard of design and appearance for the development and in the interests of pollution prevention and efficient waste minimisation and management, in accordance with policy 21 of the South

Worcestershire Development Plan and the aims and interests that the National Planning Policy seeks to protect and promote.

16.Prior to the commencement of the development hereby approved, details of any soil or soil forming materials brought on to the site for use in soft landscaping, filling and level raising shall be submitted to and approved in writing by the Local Planning Authority. Where the donor site is unknown or is brownfield the material must be tested for contamination and suitability for use on site. Full donor site details, proposals for contamination testingincluding testing schedules, sampling frequencies and allowable contaminant concentrations (as determined by appropriate risk assessment) must be approved in writing by the Local Planning Authority prior to import on to the site. The approved testing must then be carried out and validatory evidence (such as laboratory certificates) submitted to and approved in writing by the Local Planning Authority prior to any soil or soil forming materials being brought on to site.


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 in accordance in accordance with policy 31 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy seeks to protect and promote.

17.A programme of archaeological investigation including a Written Scheme of Investigation shall be submitted to and approved by the Local Planning Authority in writing prior to the commencement of any material operation comprised in the development other than the laying out of pegs of the access road and the building and the installation of gas supply services to serve the development. The scheme shall include an assessment of significance and research questions, and:

a) A programme and methodology for archaeological investigation and recording, including an archaeological mitigation strategy, archaeological field evaluation, excavation and archaeological watching brief;

b) Provision to be made for unexpected archaeological discoveries;c) A programme for post-investigation assessment;d) Provision to be made for analysis of the archaeological investigation and

recording;e) Provision to be made for publication and dissemination of the analysis and

records of the archaeological investigation and recording;f) Provision to be made for archive deposition of the analysis and records of the

archaeological investigation and recording, and;g) Nomination of a competent and appropriately qualified organisation(s) to

undertake the works set out within the Written Scheme of Investigation.

The development shall take place in accordance with the approved Written Scheme of Investigation.


To allow the historical and archaeological potential of the site to be realised in accordance with policies 6 and 24 of the South Worcestershire Development Plan

and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

18.The development shall not be occupied until the archaeological investigation and post-investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 17 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.


To allow the historical and archaeological potential of the site to be realised in accordance with policies 6 and 24 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

19.If during the course of the works hereby approved any of the following features of interest are uncovered, the local planning authority shall be notified immediately and no works affecting such features shall take place until they have been inspected by persons authorised by the local planning authority and a scheme for their retention and/or treatment agreed in writing.

Schedule of features of interest:

- Medieval or earlier moat or structural remains.


To allow the historical and archaeological potential of the site to be realised in accordance with policies 6 and 24 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to heritage assets.

20.No construction site machinery or plant shall be operated, no process shall be carried out and no construction-related activities taken or dispatched from the site except between the hours 08:00 and 18:00 on Mondays to Fridays, between 08:00 and 13:00 hours on Saturdays, and not at any time on Sundays, Bank Holidays or other public holidays.


To safeguard the amenities of neighbouring residents in accordance with policy 21 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy seeks to protect and promote with regard to amenity.

21.No works comprising a material operation other than the laying out of pegs of the access road and the building and the installation of gas supply services to serve the development shall be carried out until a Renewable Energy Plan has been submitted to and approved in writing by the Local Planning Authority. The Renewable Energy Plan shall include the following details:

- 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 an implementation timetable to be submitted and approved in writing by the Local Planning Authority prior to the commencement of development. For the following reason:-

In the interests of achieving an energy and resource efficient development in accordance with policy SWDP 27 of the South Worcestershire Development Plan and the aims and objectives that the National Planning Policy Framework seeks to protect and promote.

22.Prior to the first use of the development hereby approved, details of all external lighting (including upon the external elevations of the building) shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the following:

a) Details of cowls, louvres or other shieldingb) Lux levels and luminance plansc) The angle of the floodlightsd) Position, design, height and finish for the floodlighting columnse) lighting times

The submitted details shall include proposed mitigation measures to minimise light spillage beyond the boundaries of the site. The approved scheme shall be installed and thereafter maintained and operated in accordance with the approved details and no other external lighting shall be installed upon the site (including upon the external elevations of the buildings) without the prior written consent of the local planning authority.


In the interests of the visual and environmental quality of the site and surrounding area in accordance with policy 21 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to amenity, design and the natural environment.

23.Notwithstanding any details shown on the submitted plans, the premises shall not be occupied until details of any external plant, including extract ventilation facilities, air conditioning equipment and their noise generation levels, and any noise attenuation measures shall be submitted to and approved by the local planning authority. Thereafter, these works shall be carried out in accordance with the approved details.


For the avoidance of doubt and to ensure a satisfactory form of development in accordance with policy 21 of the South Worcestershire Development Plan and the

aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to amenity, design and the natural environment.

24.Samples of all external facing, roofing and surfacing materials shall be submitted to and approved in writing by the Local Planning Authority prior to use in the construction of the development hereby approved. The development shall be carried out in accordance with the approved details, subject to any such minor variations as may be agreed in writing by the LocalPlanning Authority.


To ensure a satisfactory standard of design and appearance for the development and the character and appearance of the site and surrounding area, in accordance with policy 21 of the South Worcestershire Development Plan and the aims and interests that the National Planning Policy Framework seeks to protect and promote with regard to design.

25.Notwithstanding any details shown on the submitted plans the approval hereby granted shall not infer any acceptance or approval of any advertisements shown to be displayed on land or buildings within the site.For the following reason:-

The display of such signs may constitute advertisements requiring the submission of a separate application for Advertisement Consent, which does not form part of the approval hereby granted.

26.Any new access gates shall be set back 5 metres from the adjoining carriageway edge, and shall be made to open inwards only.


In the interests of highway safety and to ensure the safety and free flow of traffic using the adjoining highway in accordance with policy 21 of the South Worcestershire Development Plan.

27.No works comprising a material operation other than the laying out of pegs of the access road and the building and the installation of gas supply services to serve the development shall be carried out prior to the construction of the vehicular access which shall be carried out in accordance with a specification to be agreed in writing with the Local Planning Authority.



28.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.



29.Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any other order revoking and re-enacting that Order with or without modification), no additions, extensions, external alterations or hard surfacing works shall be made to the premises hereby approved.


To ensure the site retains the capacity to accommodate an acceptable form of development in accordance with policies SWDP 5, 6, 13, 21, 22, 24, 25, 27, 28, 29, 30, 31, 33 and 38 of the South Worcestershire Development Plan and the aims and objectives that the National Planning Policy Framework seeks to protect and promote with regard to, amongst other matters, amenity, air quality, design, heritage assets, natural heritage assets, and flood risk.