Town & Country Planning Act 1990
Planning (Listed Buildings and Conservation
Areas) Act 1990
FULL PLANNING PERMISSION TWC/2020/0480
P4U Ltd
Matthew Chattings
Parchment House
Gaia Lane
Lichfield
Staffordshire
WS13 7LS
Application received: 10/06/2020 for:
Proposal: Erection of 4no. apartments with associated parking
Location : Land rear of 86-88 Church Parade, Wombridge, Telford, Shropshire
Telford & Wrekin Council HEREBY GRANT FULL PLANNING PERMISSION for the
development proposed by you as shown on the application form, plan(s) and supporting
document(s) subject to the following condition(s):
1. The development hereby permitted shall be begun before the expiration of three years
from the date of this permission.
Reason: To comply with 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. Development shall not 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.
3. No development shall commence until intrusive site investigations have been carried out
on site to establish the exact situation in respect of coal mining legacy features. The
findings of the intrusive site investigations shall be submitted to the Local Planning
Authority for consideration and approval in writing. The intrusive site investigations shall
be carried out in accordance with authoritative UK guidance.
Reason: To ensure that the site is properly stabilised before the development
commences and that the foundations of the building are designed to take account of
prevailing ground conditions.
4. Where the findings of the intrusive site investigations (required by condition 3 above)
identify that coal mining legacy on the site poses a risk to surface stability, no
development shall commence until a detailed remediation scheme to protect the
development from the effects of such land instability has been submitted to the Local
Planning Authority for consideration and approval in writing. Following approval, the
remedial works shall be implemented on site in complete accordance with the approved
details.
Reason: To ensure that the site is properly stabilised before the development
commences and that the foundations of the building are designed to take account of
prevailing ground conditions.
5. Development shall not take place until a scheme for both foul and surface water drainage
has been submitted to and approved in writing by the Local Planning Authority. The
details of the proposed surface water drainage scheme will be based on sustainable
drainage (SuDS) principles and shall include:
If soakaway drainage is proposed:
a) The results of soakaway tests carried out 3 times in accordance with BRE Digest 365.
b) Soakaway calculations, based on the worst case result from the on-site tests.
c) A detailed drainage design including a plan showing the location of any soakaway.
Soakaways should be located no less than 5m from any building or boundary.
If drainage to a watercourse, sewer or other waterbody is proposed:
a) A detailed drainage design restricting surface water discharge to 5 litres per second
per hectare and attenuating all flows up to and including the 1 in 100 year event + 30%
for climate change.
b) A drainage layout showing the location of any attenuation and flow control features.
Any attenuation or flow control features serving more than one property should be located
in an area of shared space or POS.
The approved details shall be implemented in full prior to the first occupation of the
development.
Reason: To ensure that the site can be adequately drained and avoid flooding.
6. Development shall not take place until a Site Environmental Management Plan has been
submitted to and approved in writing by the Local Planning Authority. The plan should
comply with the Considerate Constructors Scheme and include the following details:
Location of site compound
Parking of vehicles of site personnel, operatives and visitors
Loading and unloading of plant and materials
Storage of plant and materials in constructing the development
Prevention of mud being deposited on highway
Measure for the control and reduction of noise from construction works
Hours of operation of construction works and others works on the site
The agreed plan shall be complied with at all times during construction work.
Reason: To avoid congestion on the surrounding roads and to protect the amenities of
nearby residential areas.
7. The development hereby permitted shall not be brought into use until the areas shown on
the approved plans for parking, loading, unloading and turning of vehicles has been
properly laid out, hard surfaced and drained. The space shall be maintained thereafter
free of any impediment to its designated use.
Reason: To ensure the provision of adequate vehicular facilities, to avoid congestion on
adjoining roads and to protect the amenities of the area.
8. All existing hedges or hedgerows shall be retained, 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 British Standards 5837 : 2012. Any
parts of hedges or hedgerows removed without the Local Planning Authority's consent or
which die or become, in the opinion of the Local Planning Authority, 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 no later than
the end of the first available planting season, with plants of such size and species and in
such positions as approved in writing with the Local Planning Authority.
Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows.
9. All soft landscape works shall be carried out in accordance with the approved details and
to a reasonable standard in accordance with the relevant recommendations of
appropriate 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, in the opinion of the Local Planning Authority,
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.
Reason: To ensure the provision, establishment and maintenance of a reasonable
standard of landscape in accordance with the approved designs.
10. Prior to the first occupation of the buildings hereby permitted a suite of artificial nesting
and/or roosting boxes shall be erected on the site. The type and location of the features
shall be submitted to and agreed in writing with the Local Planning Authority and the
scheme shall then be undertaken in accordance with the agreed details.
The following artificial nesting/roosting boxes shall be provided:
1. A total of 1 woodcrete bat boxes suitable for nursery or summer roosting for small
crevice dwelling bat species
2. A total of 2 woodcrete artificial nesting boxes suitable for bird species such as robin,
blackbird and tit species
Reason: To ensure the provision of roosting/nesting opportunities for wildlife in
accordance with the National Planning Policy Framework
11. Prior to the erection of any external lighting on the site a lighting plan shall be submitted
to and approved in writing by the Local Planning Authority. The development shall be
carried out in accordance with the approved details and thereafter retained for the lifetime
of the development. The submitted scheme shall be designed to take into account the
advice on lighting set out in the Bat Conservation Trust Interim Guidance:
Recommendations to help minimise the impact artificial lighting.
Reason: To minimise disturbance to bats, a European Protected Species
12. The development shall be carried out in accordance with the deposited plans and
drawings as stated below.
Reason: For the avoidance of doubt and to ensure that the development is carried out in
accordance with the approved plans and details.
Plan Number: 7493 150E. Date Received: 02/06/2020
Plan Number: 7493 100C. Date Received: 02/06/2020
13. The windows in the rear elevation of the building serving the bathrooms shall be non-
opening unless the parts of the window which can be opened are more than 1.7 metres
above the floor of the room in which the window is installed, shall be glazed with obscure
glass (minimum Privacy Level 4 Obscurity on Pilkington Standard or equivalent) and shall
thereafter be retained.
Reason: To preserve the amenity and privacy of adjoining properties.
INFORMATIVES
ECOLOGY: Nesting Wild Birds
The active nests of all wild birds are protected under the Wildlife and Countryside Act 1981 (as
amended). An active nest is one that is being built, containing eggs or chicks, or on which
fledged chicks are still dependent. It is a criminal offence to kill, injure or take any wild bird, to
take, damage or destroy an active nest and to take or destroy an egg. There is a maximum fine
of £5,000 per bird, nest or egg impacted and/or up to six months imprisonment for such
offences.
All vegetation clearance, tree removal, scrub removal and/or conversion, renovation and
demolition work in buildings should be carried out outside of the bird nesting season which runs
from March to September inclusive. If it is necessary for work to commence in the nesting
season then a pre-commencement inspection of the vegetation and buildings for active bird
nests should be carried out. If vegetation or buildings cannot be clearly seen to be clear of
nests then an experienced ecologist should be called in to carry out the check. Only if there are
no active nests present should work be allowed to commence.
FIRE AUTHORITY
As part of the planning process, consideration should be given to the information contained
within Shropshire Fire and Rescue Service's 'Fire Safety Guidance for Commercial and
Domestic Planning Applications' which can be found at
<http://www.shropshirefire.gov.uk/planning-applications>.
CONDITIONS
The above conditions have been imposed in accordance with both the policies contained within
the Development Plan and national Town & Country Planning legislation.
REASONS FOR GRANT OF PLANNING PERMISSION
The decision to grant planning permission has been taken having regard to the policies and
proposals in the Telford & Wrekin Local Plan 2011 - 2031 set out below, and to all relevant
material considerations, including National and Supplementary Planning Guidance:
Telford & Wrekin Local Plan:
SP1 Telford
SP4 Presumption in favour of Sustainable Development
HO1 Housing Requirement
NE1 Biodiversity & Geodiversity
C3 Impact of development on Highways
BE1 Design Criteria
BE9 Land Stability
ER12 Flood Risk Management
National Guidance:
National Planning Policy Framework
Assessment
This full planning application seeks permission for the erection of a detached two storey building
on land to the rear of No’s 86-88 Church Parade in Wombridge, Oakengates to provide 4no.
single bedroom apartments.
This application is a resubmission of a previous approval on the site (Ref. TWC/2017/0008)
which was granted in April 2017. This permission only recently expired in April 2020 and as the
site is located within the built up area of Telford it is considered that the principle of development
remains acceptable subject to consideration of all other material planning considerations.
Policy BE9 of the Telford and Wrekin Local Plan (TWLP) advises that development will be
supported within the Mining Consideration Area, areas of suspected slope instability or where it
is suspected there is poor ground conditions provided that the proposal demonstrates that the
development can tolerate the ground conditions and that its structural integrity will not be
compromised.
In this regard the applicant has submitted a Coal Mining Risk Assessment (CMRA) which has
identified that the site lies within a former mining area where past workings for both coal and
ironstone are known to be widespread. The report summarises that there are no known
workings below the site but a programme of probe drilling has been recommended in the vicinity
of new structures to investigate the potential for shallow unrecorded workings. As part of this
application, the Coal Authority was consulted and no objections were raised subject to
appropriate conditions requiring the applicant to undertake the recommended investigation
works and any required remediation works as recommended within the CMRA.
Policy BE1 of the TWLP advises that the Council will support development which will respect
and respond positively to its context, demonstrating an integrated design approach and
respecting its landscape setting. The proposed building would be set back in excess of 30m
from Church Parade and would largely be screened from view by the existing semi-detached
property which has since been converted in to individual apartments. The proposed building
has a relatively traditional design being constructed beneath a hipped roof and finished in brick
and tile with final samples to be agreed by condition. Officers are satisfied that the proposal
would be in-keeping with the character of the local area, reflecting the period and design of the
neighbouring properties.
The proposed layouts of the apartments have been arranged so that the bedrooms and
bathrooms are to the rear and kitchen/dining and lounge areas are located at the front. The
number of openings in the rear elevation are limited to four windows and these will be in the
form of roof lights, located in the roof and above the eye line. Two of these windows will serve
bathrooms and will therefore be obscurely glazed. Whilst the building will stand approximately
5m to the neighbouring boundaries to the south officers are satisfied that there will be no
significant loss of privacy to neighbouring properties. Adequate amenity has also been provided
for the occupants of No’s 86-88 as well as the future occupants of this proposed development.
With regards to access it is proposed to utilise the existing access to the north-eastern corner of
the site. A total of 10 car parking spaces will be provided for use of the existing and proposed
apartments. This provision of parking is in accordance with the parking standards outlined
within the Telford & Wrekin Local Plan. The Local Highways Authority has offered support for
the proposals subject to a condition being imposed requiring the car park being properly laid out
prior to occupation of the new dwellings.
The planning application was accompanied by a Preliminary Ecological Appraisal in accordance
with Policy NE1 of the TWLP. The report concluded that the majority of the site was of ‘low
ecological value’ however the bordering native hedgerow was considered to be of slightly higher
wildlife value and its retention was recommended. The Council’s Ecologist has concluded with
the findings of this report and now supports the application subject to the inclusion of standard
conditions.
No comments were received from TWC Drainage and officers will therefore include the standard
condition requiring a scheme of foul and surface water to be submitted for approval. No further
representations were received following neighbour consultation. Taking the above in to
consideration the proposal is considered to be compliant with policies SP1, SP4, HO1, C3, BE1
and BE9 of the Telford and Wrekin Local Plan and national guidance contained within the
NPPF.
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 in the National Planning Policy Framework.
This decision notice was issued by Telford & Wrekin Council on the 20/07/2020
NOTES FOR APPROVAL AND REFUSAL OF OUTLINE AND FULL NOTES FOR APPROVAL AND REFUSAL OF RESERVED MATTERS
PLANNING PERMISSION, PERMISSION IN PRINCIPLE, TECHNICAL
DETAILS CONSENT If the applicant is aggrieved by the decision of the local planning
authority to refuse permission or approval for the proposed
(1) If the applicant is aggrieved by the decision of the local planning development, or to grant permission or approval subject to conditions,
authority to refuse permission or approval for the proposed he may appeal to the Secretary of State for Communities and Local
development, or to grant permission or approval subject to conditions, Government in accordance with section 78 and 79 of the Town and
he may appeal to the Secretary of State for Communities and Local Country Planning Act 1990 within six months from the date of this notice
Government in accordance with section 78 and 79 of the Town and or 28 days for the same land and development where an enforcement
Country Planning Act 1990 within six months from the date of this notice has been served. The Secretary of State has power to allow a
notice, 12 weeks for householder or minor commercial applications or longer period for the giving of a notice of appeal but he will not normally
28 days for the same land and development where an enforcement be prepared to exercise this power unless there are special
notice has been served. The Secretary of State has power to allow a circumstances which excuse the delay in giving notice of appeal. The
longer period for the giving of a notice of appeal but he will not normally Secretary of State is not required to entertain an appeal if it appears to
be prepared to exercise this power unless there are special him that permission for the proposed development could not have been
circumstances which excuse the delay in giving notice of appeal. The granted by the local planning authority, or could not have been so
Secretary of State is not required to entertain an appeal if it appears to granted otherwise that subject to the conditions imposed by them,
him that permission for the proposed development could not have been having regard to the statutory requirements, to the provisions of the
granted by the local planning authority, or could not have been so development order, and to any directions given under the order.
granted otherwise that subject to the conditions imposed by them,
having regard to the statutory requirements, to the provisions of the NOTES FOR APPROVAL AND REFUSAL OF TREE PRESERVATION
development order, and to any directions given under the order. ORDER APPLICATIONS
(2) If permission to develop land is refused or granted subject to If the applicant is aggrieved by the decision of the local planning
conditions, whether by the local planning authority or by the Secretary of authority to refuse consent, or to grant consent subject to conditions, he
State for Communities and Local Government and the owner of the land may appeal to the Secretary of State for Communities and Local
claims that the land has become incapable of reasonably beneficial use Government. If you want to appeal, you must do so by writing to The
in its existing state and cannot be rendered capable of reasonably Planning Inspectorate, Temple Quay House, 2 The Square, Temple
beneficial use by the carrying out of any development which has been or Quay, Bristol BS1 6PN, within 28 days from the date of this decision.
would be permitted, he may serve on the district council in which the The Secretary of State has discretion to allow a longer period.
land is situated a purchase notice requiring that council to purchase his
interest in the land in accordance with the provisions of Part IX of the
Town and Country Planning Act 1990.
(3) In certain circumstances, a claim may be made against the local
planning authority for compensation, where permission is refused or
granted subject to conditions by the Secretary of State on appeal or on
a reference of the application to him. The circumstances in which such
compensation is payable are set out in section 114, of the Town and
Country Planning Act 1990.
NOTES FOR CONSENT AND REFUSAL OF ADVERTISEMENT NOTES FOR APPROVAL AND REFUSAL OF LISTED BUILDING
CONSENT CONSENT
The applicant may appeal against the decision of the local planning This notice relates to Listed Building Consent only.
authority by notice in writing to the Secretary of State for Communities Approval under the building regulations may also be necessary.
and Local Government within eight weeks from the date of this decision.
The applicant should notify the authority that an appeal has been made (1) If the applicant is aggrieved by the decision of the local planning
and should furnish to the Secretary of State a copy of the following authority to refuse listed building consent for the proposed works, or to
documents: grant consent subject to conditions, he may, by notice served within six
months from the date of this notice or 28 days for the same land and
1. The application made to the local planning authority. development where an enforcement notice has been served, appeal to
2. All relevant plans and particulars submitted to them. the Secretary of State for Communities and Local Government in
3. The notice of the decision, if any. accordance with schedule 11 Planning (Listed Building and
4. All other relevant correspondence with the authority. Conservation Areas) Act 1990. The Secretary of State has power to
allow a longer period for the giving of a notice of appeal and he will
The Secretary of State is not, however, required to entertain such an exercise his power in cases where he is satisfied that the applicant has
appeal if it appears to him having regard to the Regulations, that deferred the giving of notice because negotiations with the local
consent for the display of advertisements in respect of which application planning authority in regard to the proposed works are in progress.
was made could not have been granted by the local planning authority,
or could not have been granted otherwise that subject to the conditions (2) If listed building consent is refused, or granted subject to conditions,
imposed by them. whether by the local planning authority or by the Secretary of State for
Communities and Local Government and the owner of the land claims
ADDITIONAL NOTES FOR CONSENT OF ADVERTISEMENT that the land has become incapable of reasonably beneficial use in its
existing state and cannot be rendered capable of reasonably beneficial
At any time within a period of six months before the expiry of a consent use by the carrying out of any development which has been or would be
granted under the Regulations, application may be made for the renewal permitted, he may serve on the council in which the land is situated a
thereof, and the provisions of the Regulations relating to applications for listed building purchase notice requiring that council to purchase his
consent and to the determination thereof shall apply where application is interest in the land in accordance with the provisions of Section 32
made for such renewal. Planning (Listed Building and Conservation Areas) Act 1990.
Except where the local planning authority direct otherwise when (3) In certain circumstances, a claim may be made against the local
granting consent, or where renewal of consent is applied for as planning authority for compensation, where permission is refused or
aforesaid and is refused, advertisements displayed with express granted subject to conditions by the Secretary of State on appeal or on
consent under the Regulations may on the expiry of the term thereof a reference of the application to him. The circumstances in which such
continue to be displayed, subject to service by the local planning compensation is payable are set out in Section 27 Planning (Listed
authority of a notice requiring application to be made for express Building and Conservation Areas) Act 1990.
consent, but without prejudice to the exercise of any other powers under
the Regulations to require the removal of such advertisements.
Appeal forms are obtainable from The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol,
BS1 6PN, by telephone on 0303 4445000 or by submitting online at https://www.gov.uk/planning-inspectorate
