Application Number 24/00685/FUL
Status Approved

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Planning Online Status


  • Application
    Valid
    19/09/2024
  • Consultation
    End
    20/11/2024
  • Committee
    Meeting
    N/A
  • Decision

    Approval
  • Decision
    Date
    05/12/2024
  • Appeal
    Started
    N/A
  • Appeal
    Decision
    N/A
Summary
Application Number 24/00685/FUL
Location Address Land at 31 Baveney Road Worcester
Proposal Erection of one dwelling including a replacement garage.
Status Approval
Application Type Full planning permission
Appeal Decision N/A

Important Dates
Application Received Date 19/09/2024
Application Valid Date 19/09/2024
Consultation Start Date 01/10/2024
Site Visited / Site Notice Date 23/09/2024
Consultation End 20/11/2024
Advert Expiry
Committee Date (if applicable)
Committee Agenda
Decision Date 05/12/2024

Further Information
Expected Decision Level Delegated
Case Officer Laura Wall
Parish Worcester City
Ward St. Clement Ward
Applicant Mr Karl Benz
Agent Mr Mark Godson, SF Planning Limited
Agent Address 9 College Green Gloucester GL1 2LX

Condition Details / Information Notes
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
The development hereby permitted shall be carried out and completed in accordance with the following approved plans and associated documents and the specifications and recommendations contained therein, except where otherwise stipulated by conditions attached to this permission «plan_numbers» Reason: To ensure compliance with the approved scheme
The Development hereby approved shall not be occupied until the access, parking and turning shown on the Proposed Site Plan, Drawing No. L003b have been provided and surfaced in accordance with the submitted details. Thereafter the provision shall be retained for the purpose of access, parking and turning at all times. REASON: In the interest of highway safety.
The Development hereby approved shall not commence until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. This shall include but not be limited to the following:- • Measures to ensure that vehicles leaving the site do not deposit mud or other detritus on the public right of way; • Details of site operative parking areas, material storage areas and the location of site operatives facilities; • The hours that delivery vehicles will be permitted to arrive and depart, and arrangements for unloading and manoeuvring, to include the use of a banksman as required; • Measures to ensure that the safety of those using the public right of way is maintained at all times; • Measures to demonstrate that those immediately affected by the construction works will be kept informed and due consideration and courtesy will be shown to the local community. The measures set out in the approved Plan shall be carried out and complied with in full during the construction of the development hereby approved. REASON: To ensure the provision of adequate facilities and in the interests of highway safety.
No development shall take place until a programme of archaeological work, including a Written Scheme of Investigation, has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and: 1) The programme and methodology of site investigation and recording. 2) The programme for post investigation assessment. 3) Provision to be made for analysis of the site investigation and recording. 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation. 5) Provision to be made for archive deposition of the analysis and records of the site investigation. 6) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. Reason: In accordance with the requirements of paragraphs 200 and 211 of the National Planning Policy Framework 2012 (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.
The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 6 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. Reason: In accordance with the requirements of paragraphs 200 and 211 of the National Planning Policy Framework 2012 (as amended) and SWDP 6 & 24 of the South Worcestershire Development Plan 2016.
The development hereby permitted shall not be occupied/first used until full details of all surface water drainage systems to serve the development have been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be implemented in accordance with the approved details before the first occupation/use of the development hereby permitted and shall be retained thereafter. Reason: To ensure development does not exacerbate flood risk and deals with surface water run-off from the site in a sustainable manner, in accordance with policies SWDP28, SWDP29 and SWDP 30 of the South Worcestershire Development Plan.’
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 6 have been complied with: 1. A preliminary risk assessment must be carried out. This study shall take the form of a Phase I desk study and site walkover and shall include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and any other relevant information. The preliminary risk assessment report shall contain a diagrammatical representation (conceptual model) based on the information above and shall include all potential contaminants, sources and receptors to determine whether a site investigation is required and this should be detailed in a report supplied to the Local Planning Authority. The risk assessment must be approved in writing before any development takes place. 2. Where an unacceptable risk is identified a scheme for detailed site investigation must be submitted to and approved in writing by the Local Planning Authority prior to being undertaken. The scheme must be designed to assess the nature and extent of any contamination and must be led by the findings of the preliminary risk assessment. The investigation and risk assessment scheme must be compiled by competent persons and must be designed in accordance with the Environment Agency’s “Land Contamination: Risk Management” guidance. 3. Detailed site investigation and risk assessment must be undertaken and a written report of the findings produced. This report must be approved by the Local Planning Authority prior to any development taking place. The investigation and risk assessment must be undertaken by competent persons and must be conducted in accordance with the Environment Agency’s “Land Contamination: Risk Management” guidance. 4. Where identified as necessary a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors must be prepared and is subject to the approval of the Local Planning Authority in advance of undertaking. The remediation scheme must ensure that the site will not qualify as Contaminated Land under Part 2A Environmental Protection Act 1990 in relation to the intended use of the land after remediation. 5. The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. 6. Following the completion of the measures identified in the approved remediation scheme a validation report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval of the Local Planning Authority prior to the occupation of any buildings. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where necessary a remediation scheme must be prepared, these will be subject to the approval of the Local Planning Authority. Following the completion of any measures identified in the approved remediation scheme a validation report must be prepared, which is subject to the approval in writing of the Local Planning Authority prior to the occupation of any buildings. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.’
During the construction works hereby approved operations to or from the site shall only be carried out between the following hours:- 08.30 am and 18:00 on Monday to Friday. Not at all on Saturdays, Sundays or Bank/Public Holidays. Reason: To maintain the residential amenity of the surrounding residential development in accordance with policy SWDP 21 of the South Worcestershire Development Plan and the aims and objectives of the National Planning Policy Framework.
Deliveries to the development shall only be made between the following hours:- 08.30 am and 18:00 on Monday to Friday. Not at all on Saturdays, Sundays or Bank/Public Holidays. Reason:- To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to policy SWDP31 of the South Worcestershire Development Plan.
Before any above ground construction, details of the provision of at least 2 no. two swift boxes, two bat boxes or tubes, and one hedgehog shelter to be provided on site shall be submitted to and approved in writing by the local planning authority. The details shall include a drawing showing the types of features, their locations within the site, including elevations and heights and a timetable for their provision. The approved details shall be implemented prior to first occupation of the development hereby approved, and thereafter permanently retained. Reason: To provide additional opportunities for nesting birds as biodiversity enhancements in accordance with paragraphs 180, 185 and 186 of the revised National Planning Policy Framework, Policy SWDP 22 of the South Worcestershire Development Plan, and Section 40 of the Natural Environment and Rural Communities Act 2006.
Prior to first occupation of the development hereby approved, a comprehensive landscape scheme shall be submitted to and approved in writing by the Local Planning Authority, with biodiversity enhancements (including species-rich planting of native wildflowers and native hedgerow) and a 5-year maintenance plan. It must show details of all planting areas, tree and plant species, numbers and planting sizes. The proposed means of enclosure and screening should also be included, together with details of any mounding, walls and fences and hard surface materials to be used throughout the proposed development. The entire landscaping scheme shall be completed by the end of the planting season immediately following the completion of the development or the site being brought into use, whichever is the sooner. Any trees or plants shown on the approved landscaping scheme to be planted or retained that die, are removed, are damaged or become diseased, or grassed areas that become eroded or damaged, within 5 years of the completion of the approved landscaping scheme, shall be replaced by the end of the next planting season. Replacement trees and plants shall be of the same size and species as those lost, unless the Local Planning Authority approves alternatives in writing. Reason: To enhance the site for biodiversity in accordance with paragraphs 180, 185 and 186 of the revised National Planning Policy Framework, Policy SWDP 22 of the South Worcestershire Development Plan, and in order for the Council to comply with Section 40 of the Natural Environment and Rural Communities Act 2006.
The Biodiversity Gain Plan (required by the 'deemed planning condition'- Schedule 7A of the Town and Country Planning Act 1990 (as amended) and submitted to the Local Planning Authority. Reason: To ensure the development delivers a biodiversity net gain in accordance with Schedule 7A of the Town and Country Planning Act 1990.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any other order revoking and re-enacting that Order with or without modification), the approved dwelling shall not be extended, nor shall any structures be erected within the curtilage of the dwelling without the grant of further specific planning permission from the Local Planning Authority. Reason: To enable the Local Planning Authority to retain planning control over the development of this site in order to safeguard the amenities of the occupants of the adjoining dwellings in accordance with policy SWDP 21 of the South Worcestershire Development Plan and aims and objectives of the National Planning Policy Framework.
The development hereby approved shall be carried out in accordance with the Tree Protection Plan (TPP) within the submitted revised Arboricultural Survey, Impact Assessment and Protection Plan, carried out by mhp Arboricultural Consultants. Reason:- To ensure the work is carried out in such a manner as to maintain the quality of the environment in accordance with policy SWDP25 of the South Worcestershire Development Plan and aims and objectives of the National Planning Policy Framework.
Before the commencement of development hereby permitted, details of renewable and/or low carbon energy generation measures shall be submitted to and approved in writing by the Local Planning Authority. The measures shall contribute to at least 10% of the predicted energy requirements of the development. The details to be submitted shall include:- - the overall predicted energy requirements of the approved development; - the predicted energy generation from the proposed renewable/low carbon energy measures; and - an implementation timetable for the proposed measures. The development shall be carried out in accordance with the approved details. Reason - To ensure the development supports the delivery of low carbon/renewable energy and safeguards natural resources in accordance with policy SWDP27 of the South Worcestershire Development Plan.
The applicant/developers attention is drawn to Condition 7 the Biodiversity Gain Plan which relates to 'deemed planning condition' Schedule 7A of the Town and Country Planning Act, which requires the Biodiversity Gain Plan to be submitted prior to any development commencing. If a protected species (such as any bat, great crested newt, dormouse, badger, reptile, barn owl or any nesting bird) is discovered using a feature on site that would be affected by the development or related works all activity which might affect the species at the locality should cease. If the discovery can be dealt with satisfactorily by the implementation of biodiversity mitigation measures that have already been drawn up by your ecological advisor and approved by the Local Planning Authority then these should be implemented. Otherwise a suitably experienced ecologist should be contacted and the situation assessed before works can proceed. This action is necessary to avoid possible prosecution and ensure compliance with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended), the Protection of Badgers Act 1992 and the Wild Mammals Act 1996. This advice note should be passed on to any persons or contractors carrying out the development/works.
Worcester City Council has the responsibility to ensure that all new properties are officially registered. Part of the process is to notify the necessary internal departments of the Council and external authorities, such as Royal Mail and the emergency services. Once you are in a position to submit an application you can apply using the following link https://www.worcester.gov.uk/planning/street-naming-numbering or if you have any questions you can email snn@worcester.gov.uk Please remember that if you do not contact Street Naming & Numbering to register the address, any new occupant will be unable to receive post or services.
2) The access for the proposed property would appear to be via footpath WR-628 and the landowner should be aware of the following: It should be noted that under section 34 of the Road Traffic Act 1988 any person who, without lawful authority, drives a motor vehicle on a public right of way commits an offence. The applicant should make themselves satisfied that they, and anyone else who may use public rights of way for private vehicular access in connection with the development, has a right to do so. They may wish to seek legal advice on the matter. The County Council (WCC) is responsible for maintaining rights of way to a standard suitable for their usual public use. Also, WCC will only be maintaining footpath WR-628 for its public rights (on foot) and not for any private vehicular use. As the public rights of way team have a responsibility for the surface needed for the public rights, any changes will need to be approved in writing with the public rights of way team. As above, as the proposal is likely to include the use the footpath for construction access, a CEMP is required, to show how the footpath users will be protected during the construction phase and any damage to the surface is expected to be repaired. The footpaths should be shown on all submitted plans in their correct location and the Applicant should take account of the following obligations with regards to the public rights of way: No disturbance of, or change to, the surface of the path or part thereof should be carried out without the written consent of WCC; • No diminution in the width of the right of way available for use by the public • Buildings materials must not be stored on the right of way • Vehicle movements and parking to be arranged so as not to unreasonably interfere with • the public’s use of the right of way; • No additional barriers are placed across the right of way. No stile, gate, fence or other structure should be created on, or across, a public right of way without written consent of the Highway Authority; The safety of the public using the right of way is to be ensured at all times.’
A fee is chargeable for the provision of archaeological curatorial services. The service includes advice and liaison throughout the archaeological works, including the provision of a brief (if requested), checking the Written Scheme of Investigation for compliance with local and national standards, monitoring fieldwork and ensuring any archaeological reports generated by the project are acceptable. The Archaeology and Planning Advisor will be happy to offer advice on all stages of the proceedings. Additional site visits will be chargeable at £60 per visit if required if it is considered that breaches of condition have taken place or when other situations arise that require a visit additional to the usual service. As this scheme is considered to be a small-scale development of less than 1-ha the fee for curatorial services will be £284.00 (Inc VAT).
The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site during the construction phase of the development. For the use or reuse of sewer connections, either direct or indirect, to the public sewerage system the Applicant will be required to make a formal application to STWL under Section 106 of the Water Industry Act 1991. The Applicant may obtain copies of current guidance notes and application form from either the STWL website (www.stwater.co.uk) or by contacting the STWL Development Services Team (Tel: 0800 707 6600).
The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
The development shall be carried out in accordacne with the safe working practices and recommendations fo the submitted Preliminary Ecological Appraisal and Great Crested Newt Survey.

Copyright Notice

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Document Type Date Description File Size Drawing/Rev Number
Application Documents
Plans
Representations
Decision

Consultation Responses

Neighbour List


In addition to consultations with the consultee listed, we will publicise the application in accordance with national requirements and our local policy. This publicity usually takes the form of letters to nearby properties, the posting of site notices and/or the placing of a public notice in our local newspapers.


Address Sent Reply Received
Guildhall High Street WORCESTER WR1 2EY 04/10/2024
1 Riverview Close WORCESTER WR2 6DB 20/09/2024
108 Hallow Road WORCESTER WR2 6DD 20/09/2024
11 Riverview Close WORCESTER WR2 6DB 20/09/2024
110 Hallow Road WORCESTER WR2 6DD 20/09/2024
13 Riverview Close WORCESTER WR2 6DB 20/09/2024
15 Riverview Close WORCESTER WR2 6DB 20/09/2024
17 Riverview Close WORCESTER WR2 6DB 20/09/2024
19 Riverview Close WORCESTER WR2 6DB 20/09/2024
21 Riverview Close WORCESTER WR2 6DB 20/09/2024
23 Riverview Close WORCESTER WR2 6DB 20/09/2024
25 Baveney Road WORCESTER WR2 6DS 20/09/2024
27 Baveney Road WORCESTER WR2 6DS 20/09/2024
29 Baveney Road WORCESTER WR2 6DS 20/09/2024
3 Riverview Close WORCESTER WR2 6DB 20/09/2024
30 Baveney Road WORCESTER WR2 6DS 20/09/2024
32 Baveney Road WORCESTER WR2 6DS 20/09/2024
33 Baveney Road WORCESTER WR2 6DS 20/09/2024
34 Baveney Road WORCESTER WR2 6DS 20/09/2024
35 Baveney Road WORCESTER WR2 6DS 20/09/2024
37 Baveney Road WORCESTER WR2 6DS 20/09/2024
39 Baveney Road WORCESTER WR2 6DS 20/09/2024
5 Riverview Close WORCESTER WR2 6DB 20/09/2024
53 Beaconhill Drive WORCESTER WR2 6DR 20/09/2024
55 Beaconhill Drive WORCESTER WR2 6DR 20/09/2024
57 Beaconhill Drive WORCESTER WR2 6DR 20/09/2024
59 Beaconhill Drive WORCESTER WR2 6DR 20/09/2024
61 Beaconhill Drive WORCESTER WR2 6DR 20/09/2024
63 Beaconhill Drive WORCESTER WR2 6DR 20/09/2024
7 Riverview Close WORCESTER WR2 6DB 20/09/2024
9 Riverview Close WORCESTER WR2 6DB 20/09/2024

Consultee List


Name Organisation Sent Reply Due Reply Received
Transport Planning Unit 20/09/2024 11/10/2024
(Air Quality) Worcestershire Regulatory Services 20/09/2024 11/10/2024
(Contaminated Land) Worcestershire Regulatory Services 20/09/2024 11/10/2024
Andrew Fell South Worcestershire Land Drainage Partnership 20/09/2024 11/10/2024
Chris Dobbs Landscape Officer 20/09/2024 11/10/2024
Councillor Alex Kinnersley(St Clements) 20/09/2024 11/10/2024
Councillor Tor Pingree(St Clements) 20/09/2024 11/10/2024
Michelle Hackett Refuse Management 20/09/2024 11/10/2024
Tim Whittaker Biodiversity Officer 20/09/2024 11/10/2024
(Nuisance) Worcestershire Regulatory Services 01/10/2024 22/10/2024
Alvan Kingston Tree and Landscape Officer 01/10/2024 22/10/2024
Transport Planning Unit 13/11/2024 20/11/2024
(Air Quality) Worcestershire Regulatory Services 13/11/2024 20/11/2024
(Contaminated Land) Worcestershire Regulatory Services 13/11/2024 20/11/2024
(Nuisance) Worcestershire Regulatory Services 13/11/2024 20/11/2024
Alvan Kingston Tree and Landscape Officer 13/11/2024 20/11/2024
Andrew Fell South Worcestershire Land Drainage Partnership 13/11/2024 20/11/2024
Chris Dobbs Landscape Officer 13/11/2024 20/11/2024
Councillor Alex Kinnersley(St Clements) 13/11/2024 20/11/2024
Councillor Tor Pingree(St Clements) 13/11/2024 20/11/2024
Michelle Hackett Refuse Management 13/11/2024 20/11/2024
Tim Whittaker Biodiversity Officer 13/11/2024 20/11/2024

Constraints List


Constraints List
Landfill Buffer (250m)
SWDP 2: Development Boundary
SWDP 5: Urban - Unsurveyed
Air Quality Management Area: Worcester City AQMA
No associated appeals