Planning Committee
-
05/03/2015
Application Number W/14/02610/PN
Site Address
Garage Block site, Pridzor Close, Droitwich Spa
Description of
Development
Proposed 2 no Affordable Bungalows With Associated Site
Access & Infrastructure
Case Officer
Vicky Stone
Applicant
Festival Housing
Ltd/Fortis Living
Parish
Droitwich
Agent
SJD Architects &
Developments Ltd
Ward
Member(s)
Cllr Mike Barratt
Cllr Bob Brookes
Reason for
Referral to
Committee
Expiry Date
Ward Member referral
Key Issues
- Principle of the development
- General layout and design
- Landscape and visual impact
- Impact on heritage assets
- Highway safety
- Impact on residential amenity
- Nature conservation
- Flooding and drainage
Recommendation
Approval
09/02/2015
1.
SITE DESCRIPTION AND DETAILS OF PROPOSAL
The application site is situated off the eastern end of Pridzor Road, south of
Pridzor Close and extends to approximately 0.06 hectares in size. The site
currently consists of a flat roof garage block consisting of nine garages. There
are also seven parking spaces opposite the garage block. The site is fairly
square in shape and generally flat throughout. The site abuts the railway line on
the southern boundary, a public footpath to the north and bounded by iron
railings to the east.
The proposal is to construct a pair of affordable semi-detached bungalows which
mirror image each other in respect to the size and level of accommodation. The
proposed new dwellings would have an overall floor area of 67 sq.m each, which
would provide two bedrooms, a shower room, and a lounge/dining/kitchen. The
properties will have amenity space to the front and rear and would each have one
allocated off-road parking space. Access is proposed via Pridzor Road. The
application has been submitted by Fortis Living, formerly Festival Housing Ltd.
The application site is located within the defined development boundary as set
out by saved Local Plan policy GD1 for Droitwich Spa.
The following documents have been submitted as part of the application:
-
2.
Planning Statement
Noise Assessment
Rail Vibration Assessment
Phase 1 Ecological Survey
Geoenvironmental Assessment Report
Tree Survey
Water Management Statement
PLANNING POLICY AND LEGISLATIVE FRAMEWORK
The Development Plan
The determination of a planning application is to be made pursuant to section
38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read in
conjunction with section 70(2) of the Town and Country Planning Act 1990.
Section 38(6) requires the local planning authority to determine planning
applications in accordance with the development plan, unless there are material
circumstances which 'indicate otherwise'. Section 70(2) provides that in
determining applications the local planning authority "shall have regard to the
provisions of the Development Plan, so far as material to the application and to
any other material considerations."
The development plan consists of the Wychavon District Local Plan 2006 and the
Waste Core Strategy for Worcestershire - Adopted Waste Local Plan 2012-2027.
This follows the revocation of the West Midlands Regional Spatial Strategy and
saved Worcestershire Structure Plan policies on 20 May 2013.
Wychavon District Local Plan (WDLP)
On 29 May 2009 the Secretary of State wrote to confirm that various policies in
Wychavon District Local Plan were 'saved' under paragraph 1(3) of Schedule 8
to the Planning and Compulsory Purchase Act 2004. The following saved
policies are relevant to this application:
GD1 (Location strategy for new development)
GD2 (General development control)
SR5 (Minimising car dependency)
SR9 (Areas of Development Restraint)
ENV1 (Landscape character)
ENV5 (Sites of regional or local wildlife importance)
ENV6 (Protected Species)
ENV7 (Protection of wider biodiversity)
ENV8 (Protection of hedgerows, trees and woodland)
ENV18 (Development in areas of low to medium flood risk)
ENV19 (Surface water run-off)
SUR1 (Built design)
SUR2 (Landscape design)
SUR3 (Parking provision)
The Waste Core Strategy for Worcestershire Adopted Waste Local Plan 2012-2027
The Waste Local Plan was adopted by Worcestershire County Council 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)
WCS2 (Enabling equivalent self-sufficiency)
WCS3 (Re-use and recycle)
WCS11 (Sustainable design and operation of facilities)
WCS17 (Making provision for waste in new development)
Government Policy
National Planning Policy Framework 2012
Planning Practice Guidance 2014
Town and Country Planning (Environmental Impact Assessment) Regulations
2011
Other Material Planning Considerations
Planning and Wildlife SPD 2008
Water Management SPD 2009
Water Cycle Strategy 2010
Residential Design Guide SPD 2010
Worcestershire Local Transport Plan 3 - Highways Design Guide 2011
South Worcestershire Development Plan (SWDP)
Wychavon, in partnership with Worcester City and Malvern Hills District
Councils, submitted a replacement local plan, the SWDP, to the Secretary of
State in May 2013. The examination of the SWDP commenced in October 2013.
Relevant Legislation
Wildlife and Countryside Act 1981
Town and Country Planning Act 1990 (as amended)
Human Rights Act 1998
Section 17 of the Crime and Disorder Act 1998
Planning and Compulsory Purchase Act 2004
Natural Environment and Rural Communities (NERC) Act 2006
Planning Act 2008
The Town and Country Planning (Development Management Procedure)
(England) Order 2010 (as amended)
The Conservation of Habitats and Species Regulations 2010
Equality Act 2010
Flood and Water Management Act 2010
Localism Act 2011
Growth and Infrastructure Act 2013
Local Information
Picturing the Future:A town plan for Droitwich Spa (2010)
3.
RELEVANT PLANNING HISTORY
None
Pre-application Engagement
The applicant has undertaken pre-application advice with the council, reference
W/13/02534/AD. A written response from the council was sent.
Public Consultation
According to the agent, pre-application public consultation was undertaken with
local residents by way of a postal questionnaire. Eleven letters were sent to the
neighbouring properties alongside an initial indicative layout plan illustrating a
possible development of two new homes. Four responses were received and
analysed.
4.
CONSULTATION RESPONSES
Droitwich Spa Town Council:
Object to the proposal - reduction in garaging will exacerbate car parking
problems.
Worcestershire Regulatory Services:
Contaminated Land Officer
The geoenvironmental assessment provided in support of the application has
highlighted presence of asbestos fibres in the ground which require further
investigation and remediation. A condition is recommended should permission
be granted to address outstanding issues identified within the assessment.
Technical Pollution Officer
- Vibration from the adjacent railway line will not be an issue.
- The noise assessment indicates that noise levels in the garden areas will get
very close to the upper limit of 55dB. Suggests a close boarded acoustic fence is
installed to the East and South of the proposed development.
County Highways Authority:
Whilst there is evidence of on street parking in the vicinity, this is an existing
situation that will not be increased by the additional vehicles from this
development therefore no objection to the grant of permission.
Wychavon Land Drainage Engineer:
No objection.
Network Rail:
When developing adjacent to the railway boundary, Network Rail requests that
all structures are located at least 2 metres from the boundary fence to allow the
construction and any future maintenance work to be carried out without involving
entry onto Network Rail's infrastructure and also the maintenance of the adjacent
site. The agent has confirmed that the proposed structures will be in excess of 2
metres therefore no objection is raised.
5.
REPRESENTATIONS RECEIVED
Objectors
9 forms of communication objecting to the proposed development have been
received
Mr Butcher of The Forge, Woodfields, Droitwich Spa
Mr Smith
Mr M Griffiths of 16 Pridzor Road, Droitwich Spa
Mr & Mrs J Ingleston of 1 Hillend, Droitwich Spa
Mr Shaw of 1 Pridzor Close, Droitwich Spa
Mrs A Glackin of 12 Pridzor Close, Droitwich Spa
R.D Warwood of 14 Woodfield Road, Droitwich Spa
Mr & Mrs P Kemp of 22 Pridzor Road, Droitwich Spa
Mr L Hancox of 3 Pridzor Close, Droitwich Spa
Supporters
None received
6.
Representations Made
In opposition
The material planning objections raised have been summarised by the case
officer to include:
Highway safety and access issues
Exacerbate on-road parking in surrounding roads
Loss of garages and associated parking area will add to the already congested
street parking in the area
Lack of consultation/notification with the tenants
Two of garages are used by disabled people
Incorrect information has been submitted in respect to the number of existing
parking places
Will create disruption and upheaval
In Support
The material planning support for the proposal has been summarised by the
case officer to include:
None received.
7.
OFFICER APPRAISAL
The following material planning issues are relevant to this application:
- Background and Policy Framework
- General layout and design
- Landscape and visual impact
- Heritage assets
- Access and Highway issues
- Impact on residential amenity
- Nature conservation
- Flooding and drainage
Background and Policy Framework
The determination of a planning application must be made in accordance with
the development plan, unless material circumstances indicate otherwise. The
development plan consists of the "saved" (Secretary of State Direction, May
2009) policies of the Wychavon District Local Plan (WDLP) and the
Worcestershire Waste Core Strategy.
WDLP "saved" Policy GD1 Location Strategy for New Development sets out the
development strategy for the district and the requirement that all "windfall"
development should be within defined GD1 development boundaries unless
another WDLP policy dictates otherwise.
Due regard has been given to the comments on saved Policy GD1 in the two
most recent dismissed appeal decisions, Ref. APP/H1840/A/14/2217607 for the
site at land off Cheltenham Road, Bredon and Ref. APP/H1840/A/14/2215896
for a site between Springfield Lane and Averill Close, Broadway . The Inspector
in both decisions outlined that GD1 should remain the starting point for the
location of development in Wychavon. The Inspectors also set out that the
underlying aim of Policy GD1 is to direct most development to sustainable urban
locations is itself consistent with the thrust of the NPPF read correctly as a whole.
Therefore in terms of a decision making, the Inspectors confirmed that there
would need to be overriding material considerations in favour to justify planning
permission, unless Policy GD1 were otherwise found to be out of date with
respect to housing land supply.
The council considers that it can demonstrate a robust five year housing land
supply 5YHLS. This was confirmed by the Inspectors for both the above appeal
decisions, so saved Policy GD1 is to be considered to carry the weight of the
statutory development plan.
The application site lies within the defined development boundary of Droitwich
Spa and is therefore in accordance with saved Policy GD1. Other relevant
policies related to the determination of the application are referred to elsewhere
in this report.
The National Planning Policy Framework (the Framework) is a material
consideration in the determination of planning applications. The Framework, at
paragraph 14, introduces a presumption in favour of sustainable development. It
advocates approving those planning proposals which accord with the
development plan. Only where the development plan is absent, silent or relevant
policies are out-of-date (which is not the case for Wychavon District as set out in
the Bredon and Broadway appeal decision) should a different rule apply i.e. grant
planning permission unless any adverse impacts of doing so would significantly
and demonstrably outweigh the benefits or unless a specific Framework policy
indicates otherwise.
The South Worcestershire Development Plan (SWDP) is at an advanced stage,
being at examination and is therefore also a material consideration in the
determination of a planning application. In accordance with paragraph 216 of
the Framework as there are unresolved objections to most SWDP policies the
planning weight attributed to them must be less than that attributed to the
adopted development plan policies. Notwithstanding this, the SWDP
development strategy is considered to be consistent with the Framework as it
allocates most development in locations where the greatest range of services
and employment opportunities are accessible to all.
The Framework, at paragraph 47, requires local planning authorities to identify a
supply of specific deliverable sites sufficient to provide a five years' worth of
housing against their housing requirement. For the time being the housing
requirement for Wychavon District for the period 2006-2030 is 9,950 dwellings.
This figure is the one recommended by the inspector conducting the examination
in the SWDP and is set out in his 'Further Interim Conclusions' published on 31
March 2014.
Against a requirement of 9,950 dwellings this council considers it can
demonstrate a robust 5YHLS. This is a significant change to the position
previously reported. In essence the positive 5YHLS position means that there is
no immediate imperative need for windfall housing development outside the
development boundaries of our towns and villages. The exceptions (which this
site is not) to this were set out in the report to the July Planning Committee on the
5YHLS.
The Inspector in the above Bredon appeal confirmed that the council has a
probable five year supply of 3,422 dwellings, equivalent to over 5.3 years,
against the annual target of 634. The Inspector in the above Broadway appeal
also confirmed that the council can demonstrate more than a five year housing
land supply, again equivalent to 5.3 years including a buffer of 20%.
As a result, for the purposes of this application, the housing policies of the
adopted development plan (including GD1) are not to be regarded as out of date
in terms of paragraph 49 of the Framework.
Therefore, the last bullet point in paragraph 14 of the Framework is not engaged
and GD1 continues to carry the weight of the statutory development plan with
respect to the distribution of housing development in this case.
The Inspector in the Bredon appeal does outline that the current existence of a
5YHLS does not alone warrant dismissing the appeal and there is a range of
considerations that militate in favour of granting permission. The Inspector in the
Broadway appeal acknowledged that the figure for housing need has to be
viewed with a degree of caution due to the possibility of the figure changing to
accommodate need from elsewhere within the housing market area. Therefore,
an overall judgement of the planning benefits and negatives would still need to
be undertaken as set out in paragraph 7 of the Framework.
Principle of the Development
The report assesses the proposed development against all relevant policies of
the development plan, and takes into account other material considerations
including the Framework and the South Worcestershire Development Plan.
Consequently, significant weight must be given to the Framework and the need
to promote sustainable development. The conformity of the proposed
development to the criteria for sustainability is considered throughout this report.
The report seeks to weigh all the overall benefits of the development against the
harm and as part of that overall planning judgement.
As mentioned above the application site is located within the defined saved
Policy GD1 development boundary of Droitwich Spa Town. Therefore, no
objections are made to the principle of the proposed development.
Drawing together the above, it is considered that the principle for new residential
development in this location is acceptable subject to satisfactory details.
Layout, Scale and Design
Saved Policy GD2 requires proposals to have regard to the character and
appearance of the area, the surrounding built environment and the rural
landscape. Public and private amenity and health and safety should also be
preserved. Similarly saved Policy SUR1 requires all proposals to demonstrate a
high standard of design and make a positive contribution towards the visual
quality of the environment through appropriate scale, height and massing,
architectural detailing, quality materials, visual contribution to the street scene
and landscaping. The Framework also requires good design and sets out a
number of aims for development proposals. These include the objective to
respond to local character and history and reflect the identity of local
surroundings and buildings.
The design of the scheme demonstrates a considered approach which respects
the surrounding built and landscape character. The simple, basic form, shape
and layout and the single storey pitched roof nature of the dwellings with a porch
on the west elevation is characteristic of the locality. The proposed use of bricks,
render and tiles would be appropriate to the location and ensure the
development would harmonise with the surrounding built form. A condition will be
applied to any approval requesting a detailed material specification to ensure the
external finish of the new dwellings would be visually satisfactory.
The proposed dwellings have been sited immediately adjacent and in line with
No.1 and 3 Pridzor Close. The entrance porch would front a communal grassed
area, the same as the other properties in the Close. The rear amenity space
backs onto the highway. The rear gardens are both in excess of 70 sq.metres.
Based on this the plot sizes of the proposed dwellings would be similar to the
other dwellings in Pridzor Close.
In light of the above, the proposal represents an acceptable form of development
which would not be uncharacteristic of the area in terms of plot coverage, siting
and plot sizes. Overall there are no adverse concerns about the design and
visual impact of the proposed development.
Residential Amenity
The Residential Design Guide Supplementary Planning Document (SPD)
adopted by the council provides specific principles that should be adhered to
ensure residential amenities would not be compromised (section 5) by any new
development.
Due to the alignment of the proposed new dwellings in relation to the properties
immediately to the north of the site, the single storey nature of the proposed
dwelling and the existing boundary treatment (2 metre close boarded fencing)
the development should not have a harmful impact upon the neighbouring
property.
Amenity of Future Occupiers
Due to the positioning of the proposed new dwellings, in line with each other the
proposal would not result in an unacceptable harm to the amenity of future
occupiers of the properties.
Overall the amenities of the neighbouring properties have been carefully
assessed and it is considered that the introduction of two bungalow to this site
would not cause demonstrable harm to the amenity of the occupiers of the
surrounding properties. It is considered that the scheme proposed well designed
and sited dwellings which would protect the amenities and privacy of the
surrounding properties.
During the course of the application an amended plan was received
demonstrating the re-siting of the parking spaces to facilitate an enlargement of
the proposed garden space for the unit adjacent to No.3 Pridzor Close. Both
dwellings would now have a sufficient level of private garden space.
Odour and Noise Nuisance
The application site is adjacent to a railway line. A vibration and noise
assessment has been submitted and assessed. The noise assessment indicates
that noise levels in the garden areas will get very close to the upper limit
recommended by the World Health Organisation of 55dB. Worcestershire
Regulatory Services have suggested a close boarded acoustic fence is installed
to the east and south of the application site. This could be secured via a condition
should permission be granted.
If planning permission was granted a condition restricting the construction hours
could be applied to ensure the proposed development would not have a harmful
impact upon the residential amenity of the adjoining properties.
Access and Highway Safety
As mentioned above, the existing site consists of nine garages, which are
currently rented out to local residents, and seven off-road parking spaces. The
concerns of several objectors regarding the loss of the garaging facilities and
parking spaces have been noted. Whilst there is evidence of on street parking in
the vicinity, this is an existing situation that will not be increased by the additional
vehicles from this development. It must be noted, the garages are not counted as
parking spaces in the County Council's parking standards, and in addition, the
applicant, as owner of the land, could serve notice on the tenants and in effect
board up the land at any time thus the loss of the garages and parking spaces
would occur regardless. In light of this, whilst the proposed development would
result in the loss of some garages and parking spaces any harm from such a
change should be given very limited weight in the determination of the
application.
In summary, notwithstanding the comments made by local residents, it is
considered that the level and nature of the proposed parking (two off-road
spaces) and the use of the existing access to serve the development would be
acceptable and would not cause any demonstrable harm to highway safety.
Given the scale of the development, it is considered that the proposal would not
generate a significant amount of additional traffic. Worcestershire County
Council Highways Authority raised no objections to the proposed development.
Landscape and Visual Impact
The site is currently used as garages and parking spaces therefore is
predominantly laid with hard standing. The plans and information submitted
demonstrate that no trees or hedges would need to be removed as part of the
development and that additional landscaping would be incorporated. As such the
proposed development would not have an adverse impact upon the landscape
character of the locality.
The site is not subject to any landscape designation.
Built Heritage
Although the proposal site is located within an area of Impney Park that is a
Locally Listed Historic Park and Garden it is an area which has been extensively
developed over time therefore the proposals will not harm the historic park.
Natural Heritage
The application site has negligible ecological value and the garages have no
potential for roosting bats. The Framework nevertheless asks for local planning
authorities to incorporate biodiversity enhancement where possible and as the
submitted Ecological Survey recommends that bat and bird boxes are
incorporated into the new dwellings it is considered reasonable to request
enhancement measures are incorporated into the development.
Flooding and Drainage
The site is not located in any designated high or medium flood risk zone, but part
of the application site is located within an area of low risk of surface water
flooding as identified by the Environment Agency.
The proposed measures set out in the submitted Water Management Statement
related to surface water drainage are considered to be satisfactory. The
proposed means of surface water drainage is via the introduction of water butts
and connection to the existing public surface water sewer. Hard standing areas
would be constructed using porous paving.
The submitted application form confirms that the proposed new dwelling would
connect to the existing mains sewer.
In light of the above, it is considered that the proposal will not have an adverse
impact upon drainage or flooding.
Planning Obligations
The proposed development is under the threshold to require any planning
contribution or obligation.
Human Rights
Article 8 of the Human Rights Act 1998 (as amended) states that everyone has
the right to respect for his private and family life. A public authority cannot
interfere with the exercise of this right except where it is in accordance with the
law and is necessary (amongst other reasons) for the protection of the rights and
freedoms of others. Article 1 of Protocol 1 of the Act entitles every natural and
legal person to the peaceful enjoyment of his possessions.
The law provides a right to deny planning permission where the reason for doing
so is related to the public interest. Alternatively, having given due consideration
to the rights of others, the local planning authority can grant planning permission
in accordance with adopted policies in the development plan.
All material planning issues raised through the consultation exercise have been
considered and it is concluded that by approving this application the council will
not detrimentally infringe the human rights of an individual or individuals.
Conclusion
Paragraph 6 of the Framework states that the purpose of the planning system is
to contribute towards the achievement of sustainable development. At the heart
of the Framework is a presumption in favour of sustainable development which
should be seen as a golden thread running through decision making (paragraph
14).
It is therefore relevant in the determination of this appeal to consider whether the
proposal represents sustainable development.
The Government's view on what constitutes sustainable development is set out
in paragraphs 18 to 219 of the Framework. In addition, paragraph 7 sets out the
three dimensions to sustainable development - economic, social and
environmental roles. Paragraph 8 states that these roles should not be taken in
isolation, because they are mutually dependent. In light of the provisions of the
Framework it is necessary to consider if and how the proposed development
meets the economic, social and environmental roles:An economic role - The development will provide construction jobs and enhance
the local economy through the provision of housing. It will provide jobs in
associated trades necessary to ensure the efficient and sustainable
development of the scheme. The provision of housing will also help support local
facilities through additional custom. Therefore, the application delivers on this
role.
A social role - It is considered that the proposed development will help supply
much needed affordable housing and is well situated to local services. The
proposal will help to maintain a high quality built environment through good
design, that reflects the character of the area. Therefore, the application delivers
on this role.
An environmental role - It is considered that, subject to the provisos set out
above, the development would be constructed without harmful impact upon
environmental or bio-diversity conditions. Therefore, the proposal delivers on this
role.
Drawing together the above, it is considered that the proposal would not be
demonstrably harmful to the residential amenity enjoyed by the neighbouring
properties, nor would the proposal cause any unduly detrimental harm to the
visual quality of the area and the proposed design is considered to be
appropriate in this location.
Therefore, the proposal would represent sustainable development and the
application is recommended for approval.
8.
RECOMMENDATION
Approval
1.
The development hereby permitted shall be begun before the expiration of three
years from the date of this permission.
Reason - In accordance with the requirements of Section 91 (1) of the Town
and Country Planning Act 1990 as amended by Section 51 of the Planning
and Compulsory Purchase Act 2004.
2.
Details of the form, colour and finish of the materials to be used externally on the
walls and roofs shall be subject to the approval, in writing, of the Local Planning
Authority before any work on the site commences.
Reason - To ensure that the development is visually satisfactory.
3.
Unless otherwise agreed by the Local Planning Authority development, other
than that required to be carried out as part of an approved scheme of
remediation, must not commence until conditions 1 to 5 have been complied
with:
1. Previous reports submitted to the Local Authority in support of the application
has identified unacceptable risk(s) exist on the site as represented in the
Conceptual Site Model. A scheme for detailed site investigation must be
submitted to and approved in writing by the Local Planning Authority prior to
being undertaken to address those unacceptable risks identified. The scheme
must be designed to assess the nature and extent of any contamination and
must be led by the findings of the preliminary risk assessment. The investigation
and risk assessment scheme must be compiled by competent persons and must
be designed in accordance with DEFRA and the Environment Agency's "Model
Procedures for the Management of Contaminated Land, CLR11".
2. Detailed site investigation and risk assessment must be undertaken and a
written report of the findings produced. This report must be approved by the
Local Planning Authority prior to any development taking place. The investigation
and risk assessment must be undertaken by competent persons and must be
conducted in accordance with DEFRA and the Environment Agency's "Model
Procedures for the Management of Contaminated Land, CLR11".
3. Where identified as necessary a detailed remediation scheme to bring the site
to a condition suitable for the intended use by removing unacceptable risks to
identified receptors must be prepared and is subject to the approval of the Local
Planning Authority in advance of undertaking. The remediation scheme must
ensure that the site will not qualify as Contaminated Land under Part 2A
Environmental Protection Act 1990 in relation to the intended use of the land
after remediation.
4. The approved remediation scheme must be carried out in accordance with its
terms prior to the commencement of development, other than that required to
carry out remediation, unless otherwise agreed in writing by the Local Planning
Authority.
5. Following the completion of the measures identified in the approved
remediation scheme a validation report that demonstrates the effectiveness of
the remediation carried out must be produced, and is subject to the approval of
the Local Planning Authority prior to the occupation of any buildings.
6. In the event that contamination is found at any time when carrying out the
approved development that was not previously identified it must be reported in
writing immediately to the Local Planning Authority. An investigation and risk
assessment must be undertaken and where necessary a remediation scheme
must be prepared, these will be subject to the approval of the Local Planning
Authority. Following the completion of any measures identified in the approved
remediation scheme a validation report must be prepared, which is subject to the
approval in writing of the Local Planning Authority prior to the occupation of any
buildings.
Reason - To ensure that risks from land contamination to the future users of the
land and neighbouring land are minimised, together with those to controlled
waters, property and ecological systems, and to ensure that the development
can be carried out safely without unacceptable risks to workers, neighbours and
other offsite receptors.
4.
Prior to the commencement of construction works on the development hereby
permitted, details of a bat roosting feature and a bird nesting box shall be
submitted to and approved in writing by the local planning authority. The
approved features shall be provided in accordance with the approved details
prior to the first occupation/use of the development hereby approved.
Reason - to provide appropriate habitat enhancement for protected species in
accordance with paragraph 118 of the NPPF.
5.
The development hereby permitted shall be carried out in strict accordance with
the water management measures as recommended in section 8.3 'Potential
SUDS options On-Site' and demonstrated on the Drainage Strategy plan,
drawing number 088-04, of the Drainage Assessment/Surface Water
Management Statement carried out by CSG Consulting Engineers dated
November 2014 and submitted with this application. In particular:
- the introduction of water butts for each dwelling;
- porous paving for all areas of hardstanding;
- connection to the existing public surface water drainage sewers
Reason - To ensure that an appropriate sustainable drainage system is provided
to serve the development and to reduce the consumption of water. This is in
accordance with the SPD on Water Management.
6.
The precise floorslab levels of each new dwelling, relative to the existing
development on the boundary of the site shall be submitted to and approved by
the Local Planning Authority prior to the commencement of the development.
Reason - In order to ensure that the overall appearance of the development is
satisfactory.
7.
Demolition, clearance or construction work and deliveries to and from the site in
connection with the development hereby approved shall only take place between
the hours of 08.00 and 18.00hrs Monday to Friday and 08.00 and 13.00hrs on a
Saturday. There shall be no demolition, clearance or construction work or
deliveries to and from the site on Sundays or Bank Holidays.
Reason - To preserve the amenities of the locality.
8.
An acoustic fence barrier shall be erected along the south and east boundary of
the development, details of which shall be submitted to and approved by the local
planning authority before any building work commences on site. All works shall
carried out in accordance with the approved details.
Reason - To safeguard the amenities of the occupiers.
9.
The development hereby permitted shall be carried out in accordance with the
following approved plans:
SJD-017-P-032 Rev G (received 12 February 2015)
Reason - To define the permission.
Notes:
Positive and Proactive Statement
In dealing with this application, the Council has worked with the applicant in the
following ways:- providing pre-application advice;
- seeking further information following receipt of the application;
- seeking amendments to the proposed development following receipt of the
application;
- considering the imposition of conditions
In such ways the Council has demonstrated a positive and proactive manner in
seeking solutions to problems arising in relation to the planning application.
The applicant is advised that this property is located within the Droitwich Brine Area,
Zone B, and the design of the footings and the construction of the dwellings hereby
approved should take account of this situation.
When developing adjacent to the railway boundary, Network Rail requests that all
structures are located at least 2 metres from the boundary fence to allow construction
and any future maintenance work to be carried out without involving entry onto
Network Rail’s infrastructure and also the maintenance of the adjacent site.
SITE LAYOUT
It is recommended that all buildings be situated at least 2 metres from the boundary
fence, to allow construction and any future maintenance work to be carried out without
involving entry onto Network Rail's infrastructure. Where trees exist on Network Rail
land the design of foundations close to the boundary must take into account the
effects of root penetration in accordance with the Building Research Establishment’s
guidelines.
FENCING
If not already in place, the Developer/applicant must provide at their expense a
suitable trespass proof fence (of at least 1.8m in height) adjacent to Network Rail’s
boundary and make provision for its future maintenance and renewal without
encroachment upon Network Rail land. Network Rail’s existing fencing / wall must not
be removed or damaged and at no point either during construction or after works are
completed on site should the foundations of the fencing or wall or any embankment
therein be damaged, undermined or compromised in any way. Any vegetation on
Network Rail land and within Network Rail’s boundary must also not be disturbed.
DRAINAGE
Additional or increased flows of surface water should not be discharged onto Network
Rail land or into Network Rail's culvert or drains. In the interest of the long-term
stability of the railway, it is recommended that soakaways should not be constructed
within 20 metres of Network Rail's boundary.
SAFETY
No work should be carried out on the development site that may endanger the safe
operation of the railway or the stability of Network Rail’s structures and adjoining land
In view of the close proximity of these proposed works to the railway boundary the
developer should contact Richard Selwood at Network Rail Asset
ProtectionWestern@networkrail.co.uk before works begin.
FOUNDATIONS
Network Rail offers no right of support to the development. Where foundation works
penetrate Network Rail’s support zone or ground displacement techniques are used
the works will require specific approval and careful monitoring by Network Rail. There
should be no additional loading placed on the cutting and no deep continuous
excavations parallel to the boundary without prior approval.
PILING
Where vibro-compaction/displacement piling plant is to be used in development,
details of the use of such machinery and a method statement should be submitted for
the approval of Network Rail’s Asset Protection Engineer prior to the commencement
of works and the works shall only be carried out in accordance with the approved
method statement.
EXCAVATIONS/EARTHWORKS
All excavations / earthworks carried out in the vicinity of Network Rail’s property /
structures must be designed and executed such that no interference with the integrity
of that property / structure can occur. If temporary compounds are to be located
adjacent to the operational railway, these should be included in a method statement
for approval by Network Rail. Prior to commencement of works, full details of
excavations and earthworks to be carried out near the railway undertaker’s boundary
fence should be submitted for approval of the Local Planning Authority acting in
consultation with the railway undertaker and the works shall only be carried out in
accordance with the approved details. Where development may affect the railway,
consultation with the Asset Protection Engineer should be undertaken.
ENVIRONMENTAL ISSUES
The design and siting of buildings should take into account the possible effects of
noise and vibration and the generation of airborne dust resulting from the operation of
the railway.
LANDSCAPING
It is recommended no trees are planted closer than 1.5 times their mature height to
the boundary fence. The developer should adhere to Network Rail’s advice guide on
acceptable tree/plant species. Any tree felling works where there is a risk of the trees
or branches falling across the boundary fence will require railway supervision.