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Wyre Forest District Council Council Online Planning - Decision Notice Summary

Planning Application Number: 19/0565/FULL
Site Address: LAND ON THE CORNER OF HAROLD DAVIES DRIVE AND DUNLEY ROAD STOURPORT-ON-SEVERN DY130AA
Description: Formation of new access onto Dunley Road and erection of two storey medical centre (D1) including Pharmacy (A1) with associated car parking, landscaping and site works.
Decision Date: 13 March 2020
Decision Type: Approved
Temporary Expiry Date:
Decision Level/Committee: Part A Committee
Conditions / Reason for Refusal: (1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason

This condition is required to be imposed by Section 91 of the Town and Country Planning Act 1990 (as amended by the Planning and Compulsory Purchase Act 2004).

(2) The development hereby approved shall be carried out strictly in accordance with the following plans/drawings: < numbered and date stamped > stamped “Approved”. Reason

In the interests of clarity and in order to define the permission.

(3) No development shall take place until details of types and colours of all external materials, including hard surfacing have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason

To ensure that the external appearance of the development is satisfactory and that it accords with Policy SAL.UP7 of the Adopted Wyre Forest Site Allocations and Policies Local Plan.

(4) In this condition retained tree means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of < period > from < the date of the occupation of the building for its permitted use >. a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard [3998 (Tree Work)]. b) If any retained tree is removed uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. Reason

To ensure the retention of identified trees in accordance with Policies CP11 and CP12 of the Adopted Wyre Forest District Core Strategy, Policies SAL.UP7 and SAL.UP9 of the Adopted Wyre Forest District Site Allocations and Policies Local Plan and the National Planning Policy Framework

(5) The protection of any existing tree to be retained in accordance with the approved plans and particulars (XXXX tree protection plan) shall be achieved as follows: a) no equipment, machinery or materials shall be brought onto the site for the purposes of the development until fencing has been erected in accordance with plans and particulars as referenced above which shall have been previously submitted to and approved by the Local Planning Authority in writing; b) if that fencing is broken or removed during the course of carrying out the development it shall be immediately repaired or replaced to the satisfaction of the Local Planning Authority; c) the fencing shall be maintained in position to the satisfaction of the Local Planning Authority until all equipment, machinery and surplus materials have been moved from the site; d) within any area fenced in accordance with this condition nothing shall be stored placed or disposed of above or below the ground, the ground level shall not be altered, no excavations shall be made, no mixing or use of other contamination materials or substances shall take place, nor shall any fires be lit without the prior written consent of the authority; and e) no equipment, machinery or structure shall be attached to or supported by a retained tree. f) These measures shall apply for the duration of the construction phase and until all equipment; machinery and surplus materials have been removed from the site. Reason

To prevent trees or hedgerows on site from being damaged during building works, in accordance with Policies CP11 and, CP12 of the Adopted Wyre Forest District Core Strategy, Policies SAL.UP7 and SAL.UP9 of the Adopted Wyre Forest District Site Allocations and Policies Local Plan and the National Planning Policy Framework.

(6) No works or development shall take place until full details of all proposed planting, and the proposed times of planting, have been approved in writing by the Local Planning Authority, and all planting shall be carried out in accordance with those details and at those times. Reason

To ensure the provision of amenity afforded by appropriate landscape design, in accordance with Policies CP11 and CP12 of the Adopted Wyre Forest District Core Strategy, and Policies SAL.UP7 and SAL.UP9 of the Adopted Wyre Forest District Site Allocations and Policies Local Plan.

(7) All hard and soft landscape works shall be carried out in accordance with the approved details and to a standard in accordance with the relevant recommendations of British Standard [4428 : 1989]. The works shall be carried out prior to the occupation All hard and soft landscape works shall be carried out in accordance with the approved details and to a standard in accordance with the relevant recommendations of British Standard [4428 : 1989]. The works shall be carried out prior to the occupation of any part of the development or in accordance with the timetable agreed with the Local Planning Authority. Any trees or plants that, within a period of five years after planting, are removed, die or become seriously damaged or defective, shall be replaced with others of species, size and number as originally approved, by the end of the first available planting season thereafter. Reason

To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs, and in accordance with Policies CP11 and CP12 of the Adopted Wyre Forest District Core Strategy and Policies SAL.UP7 and SAL.UP9 of the Adopted Wyre Forest District Site Allocations and Policies Local Plan.

(8) All existing hedges or hedgerows shall be: i) retained at a maximum height of; or ii) maintained and allowed to grow [up to a height of ....m] and retained thereafter unless shown on the approved drawings as being removed. All hedges and hedgerows on and immediately adjoining the site shall be protected from damage for the duration of works on the site, by the erection of protective fencing in accordance with BS 5837 : 2012. Any parts of hedges or hedgerows removed without the Local Planning Authority’s consent or which die or become seriously diseased or otherwise damaged within five years following completion of the approved development, shall be replaced as soon as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with plants of such size and species and in such positions as specified by the Authority. Reason

To ensure the continuity of amenity afforded by existing hedges or hedgerows, in accordance with Policies CP11 and CP12 of the Adopted Wyre Forest District Core Strategy and Policies SAL.UP7 and SAL.UP9 of the Adopted Wyre Forest District Site Allocations and Policies Local Plan.

(9) No development shall take place until details of all walls, fences and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority. The design of any wall, fence or other means of enclosure must be permeable to flood water. The approved details shall be completed prior to the occupation of any of the buildings on the site. Reason

To provide adequate privacy and an acceptable external appearance, and to ensure that it accords with Policies SAL.UP7 and SAL.UP9 of the Adopted Wyre Forest Site Allocations and Policies Local Plan.

(10) No development shall take place until a scheme of foul drainage, and surface water drainage has been submitted to, and approved in writing by the Local Planning Authority. The approved scheme shall be completed before the development is occupied. Reason

To ensure satisfactory drainage of the site and to avoid flooding in accordance with Policy CP02 of the Adopted Wyre Forest Core Strategy.

(11) The surface water drainage system serving the site shall be designed in detail and installed using the principles of the drainage strategy included in the revised SuDS Statement submitted with the application (CWA, Rev A, 14 Nov 2019). The approved surface water drainage system shall be implemented prior to the first use of the development and thereafter maintained. Reason

To provide adequate drainage to the site and prevent flooding in accordance with Policy CP02 of the Adopted Wyre Forest Site Allocations and Policies Local Plan.

(12) Prior to commencement of any development hereby permitted detailed drawings of the underfloor voids including any associated grills shall be submitted to and approved in writing by the local planning authority. The soffit of the void should be set to a minimum of 20.80m AOD. Development shall be carried out in accordance with the approved details and thereafter retained. There shall be no infilling or storage of any material in any underfloor voids. Reason

To protect the building in the event of flood event in accordance with Policy CP02 of the Adopted Wyre Forest Core Strategy.

(13) A flood emergency plan shall be submitted and approved in writing by the local planning authority. It shall cover warning and informing of staff and patients, flood evacuation procedures and safe access and escape routes. It shall include a procedure for the closure of the penstock control provided on the incoming pipework from the lower car park. It shall also include a commitment to retain and update the Plan and include a timescale for revision of the Plan. The agreed recommendations shall be implemented in full prior to the first use of the development hereby approved. Reason

To ensure that future users of the site are protected from any flood events in accordance with Policy CP02 of the Adopted Wyre Forest Core Strategy.

(14) Prior to the first occuaption of the building hereby 4 electric charging points shall be installed to serve the allocated parking spaces at the development and 3 additional spaces shal be EV recharging ready (provided with the appropriate cabling to allow retro fitting of electric charging points to allow additional provision to meet future demand). The developer is responsible for ensuring the charging point complies with BS EN 62196 Mode 3 or 4 charging and BS EN 61851. As a minimum, chargepoints should comply with Worcestershire County Council Design Guide which requires 22kw charging points for non residential developments. Reason

In order to provide facilities for low emission vegicles in order to improve air quality in accordance with paragraphs 105 and 110 of the National Planning Policy Framework.

(15) Details shall be submitted to and approved by the local planning authority prior to the first occupation of the development for the installation of Ultra-Low NOx boilers with maximum NOx Emissions less than 40 mg/kWh. The details as approved shall be implemented prior to the first occupation of the development and shall thereafter be permanently retained. Reason

In the interests of the conditions of occupiers of nearby properties and future occupiers of the site in accordance withPolicy CP02 of the Adopted Wyre Forest Core Strategy.

(16) The lighting hereby approved shall be strictly in accordance with the specifications provided within the lighting scheme as shown on drawing 1535-ESC-00-ZZ-DR-E-2100. This lighting shall be retained and maintained to these specifications at all times. No additional lighting shall be provided without prior written permission of the Local Planning Authority. Reason

To protect the residential amenity nearby occupiers and the amenity of the surrounding area.

(17) 1) 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: a) The programme and methodology of site investigation and recording. b) The programme for post investigation assessment. c) Provision to be made for analysis of the site investigation and recording. d) Provision to be made for publication and dissemination of the analysis and records of the site investigation e) Provision to be made for archive deposition of the analysis and records of the site investigation f) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. Reason

The site is known to be in an area of archaeological importance and to ensure that the development accords with Policy SAL.UP6 of the Adopted Wyre Forest Site Allocations and Policies Local Plan and paragraph 199 of the National Planning Policy Framework.

(18) 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 (17) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. Reason

The site is known to be in an area of archaeological importance and to ensure that the development accords with Policy SAL.UP6 of the Adopted Wyre Forest Site Allocations and Policies Local Plan and paragraph 199 of the National Planning Policy Framework.

(19) Prior to the removal of the willow tree a further bat surevy shall be submitted to and approved in writing by the Local Planning Authority. Any mitigation recommended by the surevy which has been approved shall be carried out within the timescales indicated within the survey. Reason

To ensure protected species are taken into account as part of the developmemt in accordance with Policy SAL.UP5 of the Adopted Wyre Forest Site Allocations and Policies Local Plan.

(20) The bat and bird boxes shown on the approved plans shall be provided as part of the construction and made avaialbel for use prior to first occupation of the building hereby approved. The bat and bord boxes shall be retained and maintained at all times and shall not be removed or replaced without prior written permission of the Local Planning Authority. Reason

To ensure that mitigation and enhancement of biodiversity is provided and maintaned as part of the development, in accordance with Policy SAL.UP5 of the Adopted Wyre Forest Site Allocations and Policies Local Plan.

(21) The Development hereby approved shall not be brought into use until the access, parking and turning facilities have been provided as shown on drawing 1538-210 Rev L. Reason

To ensure conformity with summited details.

(22) Development shall not begin until visibility splays are provided from a point 0.6m above carriageway level at the centre of the access to the application site and 2.4 metres back from the near side edge of the adjoining carriageway, (measured perpendicularly), for a distance of 59 metres in each direction measured along the nearside edge of the adjoining carriageway and offset a distance of 0.6m from the edge of the carriageway. Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above. Reason

In the interests of highway safety in accordance with Policy SAL.CC1 of the Adopted Wyre Forest Site Allocations and Policies Local Plan.

(23) The Development hereby approved shall not be brought into use until 26 sheltered, secure and accessible cycle parking spaces have been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority and thereafter the approved cycle parking shall be kept available for the parking of bicycles only. Reason

To comply with the Council’s parking standards in accordance with Policy SAL.CC2 of the Adopted Wyre Forest Site Allocations and Policies Local Plan.

(24) The Development hereby approved shall not be brought into use until the applicant has submitted a Travel Plan in writing to the Local Planning Authority that promotes sustainable forms of travel to the development site and this has been approved in writing by the Local Planning Authority. The submitted details shall use Modeshift STARS Business to carry out this process and include mechanisms for monitoring and review over the life of the development and timescales for implementation. The approved Travel Plan shall be implemented, monitored and reviewed in accordance with the approved details. Reason

To reduce vehicle movements and promote sustainable access in accordance with Policy SAL.CC1 of the Adopted Wyre Forest Site Allocations and Policies Local Plan.

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 highway; • Details of site operative parking areas, material storage areas and the location of site operatives facilities (offices, toilets etc); • The hours that delivery vehicles will be permitted to arrive and depart, and arrangements for unloading and manoeuvring. • Details of any temporary construction accesses and their reinstatement. • A highway condition survey, timescale for re-inspections, and details of any reinstatement. 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. Site operatives' parking, material storage and the positioning of operatives' facilities shall only take place on the site in locations approved by in writing by the local planning authority. Reason

To ensure the provision of adequate on-site facilities and in the interests of highway safety in accordance with Policy SAL.CC1 of the Adopted Wyre Forest Site Allocations and Policies Local Plan.

(A) This approval should be read in conjunction with the obligation entered into under Section 106 of the Town and Country Planning Act 1990 (as amended) which accompanies it.

(B) This permission does NOT authorise the display of any advertisements on the application site (including any shown on the plans accompanying the application) a separate application for which should be made to the Local Planning Authority in accordance with the Town and Country Planning (Control of Advertisements) Regulations 2007.

(C) The applicant is advised to contact the Environment Agency to discuss the need for an Environmental Permit (which has replaced the Flood Defence Consent from April 2016 onwards). An Environmental Permit may be required for works in, under, over or near a main river (including where the river is in a culvert), works on or near a flood defence or for works in the flood plain of a main river.

(D) The granting of this planning permission does not remove any obligations on the applicant to undertake a technical design check of the proposed highway works with the Highway Authority, nor does it confirm acceptance of the proposal by the Highway Authority until that design check process has been concluded. Upon the satisfactory completion of the technical check the design would be suitable to allow conditions imposed under this permission to be discharged, but works to the public highway cannot take place until a legal agreement under Section 278 of the Highways Act 1980 has been entered into and the applicant has complied with the requirements of the Traffic Management Act 2004. The applicant is urged to engage with the Highway Authority as early as possible to ensure that the approval process is started in a timely manner to achieve delivery of the highway works in accordance with the above mentioned conditions. The applicant should be aware of the term “highway works” being inclusive of, but not limited to, the proposed junction arrangement, street lighting, structures and any necessary traffic regulation orders.

(E) It is expected that contractors are registered with the Considerate Constructors scheme and comply with the code of conduct in full, but particular reference is made to "respecting the community" this says: Constructors should give utmost consideration to their impact on neighbours and the public • Informing, respecting and showing courtesy to those affected by the work. • Minimising the impact of deliveries, parking and work on the public highway. • Contributing to and supporting the local community and economy. • Working to create a positive and enduring impression, and promoting the Code. The CEMP should clearly identify how the principle contractor will engage with the local community, this should be tailored to local circumstances. Contractors should also confirm how they will manage any local concerns and complaints and provide an agreed Service Level Agreement for responding to said issues. Contractors should ensure that courtesy boards are provided and information shared with the local community relating to the timing of operations and contact details for a site coordinator in the event of any difficulties. This does not offer any relief to obligations under existing Legislation.

(F) Worcestershire County Council has published guidance on how it expects travel plans to be prepared, this guidance is freely available from the County Councils Travel Plans Officer. As part of this process the applicant must register for Modeshift STARS Business and ensure that their targets have been uploaded so that progress on the implementation of the Travel Plan can be monitored. Worcestershire County Council can assist applicants with this process should they need. Modeshift STARS Business is a nationally accredited scheme which assists in the effective delivery of travel plans, applicant can register at www.modeshiftstars.org

(G) Severn Trent Water advise that there are public sewers located within this site. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent. You are advised to contact Severn Trent Water to discuss the proposals. Severn Trent will seek to assist in obtaining a solution which protects both the public sewer and the building. Please note, when submitting a Building Regulations application, the building control officer is required to check the sewer maps supplied by Severn Trent and advise them of any proposals located over or within 3 meters of a public sewer. Under the provisions of Building Regulations 2000 Part H4, Severn Trent can direct the building control officer to refuse building regulations approval. Please note that there is no guarantee that you will be able to build over or close to any Severn Trent sewers, and where diversion is required there is no guarantee that you will be able to undertake those works on a self-lay basis. Every approach to build near to or divert our assets has to be assessed on its own merit and the decision of what is or isn’t permissible is taken based on the risk to the asset and the wider catchment it serves. It is vital therefore that you contact us at the earliest opportunity to discuss the implications of our assets crossing your site. Failure to do so could significantly affect the costs and timescales of your project if it transpires diversionary works need to be carried out by Severn Trent.

( ) The use of the buidling hereby approved shall be for a Medical Centre and Pharmacy only and for no other purpose including any other purpose in Classes A or D of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification, without formal planning permission of the Local Planning Authority. Reason

The permission was given for a medical centre and pharmacy based on the planning merits advanced as part of this application. The condition is required to control the use of the building for the purposes as applied for.

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Wyre Forest District Council