STANDARD

1

Time:

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2

Drawings:

The development shall be carried out strictly in accordance with the approved plans:

P22-2340-P101 SITE LAYOUT PLAN REV J

P22-2340-P102 MATERIALS DISTRIBUTION PLAN REV E

P22-2340-P103 PARKING STRATEGY PLAN REV E REV E

P22-2340-P104 BOUNDARY TREATMENT PLAN REV F

P22-2340-P105 STOREY HEIGHTS PLAN REV E

P22-2340-P106 REFUSE STRATEGY PLAN REV D

P22-2340-P201 BUSHMILLS BRICK (SO & FH) GA PLANS AND ELES REV A

P22-2340-P202 BUSHMILLS RENDER (SO & FH) GA PLANS AND ELES REV B

P22-2340-P203 CAVAN SEMI (SO&FH) RENDER GA PLANS AND ELES REVB

P22-2340-P204 CAVAN TERRACE (AR) BRICK GA PLANS AND ELES REV B

P22-2340-P206 GREENCASTLE GA PLANS AND ELEVATIONS REV B

P22-2340-P207 HILLTOWN GA PLANS AND ELEVATIONS REV C

P22-2340-P208 KNIGHTSTOWN GA PLANS REV

P22-2340-P209 KNIGHTSTOWN GA ELEVATIONS REV B

P22-2340-P210 KINGSCOURT GA PLANS REV

P22-2340-P211 KINGSCOURT GA ELEVATIONS REV B

P22-2340-P212 KINNEGAD GA ELEVATIONS (STONE) REV B

P22-2340-P214 KINNEGAD GA PLANS REV A

P22-2340-P215 KINNEGAD GA ELEVATIONS (BRICK) REV C

P22-2340-P216 LIFFORD GA PLANS REV A

P22-2340-P217 LIFFORD GA ELEVATIONS REV B

P22-2340-P218 PORTSALON GA PLANS REV

22-2340-P219 PORTSALON GA ELEVATIONS (BRICK) REV B

P22-2340-P220 GARAGE STUDIO GA PLANS & ELEVATIONS REV A

P22-2340-P223 GARAGE G1 SINGLE GA PLANS & ELEVATIONS REV A

P22-2340-P224 GARAGE G2 TWIN GA PLANS AND ELEVATIONS REV A

P22-2340-P225 GARAGE G3 DOUBLE GA PLANS & ELEVATIONS REV A

P22-2340-P226 BANTRY BUNGALOW (STONE) GA PLANS & ELES REV C

P22-2340-P227 KNIGHTSTOWN (STONE) GA ELES REV B

P22-2340-P230 PORTSALON (STONE) GA ELEVATIONS REV B

P22-2340-P231 KATESBRIDGE CT (STONE) GA PLANS & ELES REV C

P22-2340-P232 KATESBRIDGE CT(RENDER) GA PLANS & ELES REV B

P22-2340-P233 BUSHMILLS AR (BRICK) GA PLANS & ELES REV B

P22-2340-P234 BUSHMILLS AR&SO (STONE) GA PLANS & ELES REV A

P22-2340-P300 STREET SCENES REV F

except where otherwise stipulated by conditions attached to this permission.

Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy [and the National Planning Policy Framework].

Pre commencement

3

Contaminated Land

No development shall take place until the following has been submitted to and approved in writing by the Local Planning Authority:

a)         a Preliminary Risk Assessment report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice

b)  if the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors

c)         if the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed shall be submitted in writing.  The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified.  Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the Local Planning Authority for written approval.

Reason: In the interests of human health and to comply with policy SD1 of the Herefordshire Local Plan – Core Strategy, and Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

4

CEMP

No longer than twelve months prior to any works or site preparation commencing a detailed, comprehensive, Construction Environmental Management Plan – including but not limited to detailed ecological working methods, Risk Avoidance Measures Scheme for Reptiles, retained tree and hedgerow protection scheme and consideration of all environmental effects of construction processes shall be supplied to the Local Planning Authority for written approval. The approved CEMP shall be implemented in full for the duration of all construction works at the site.

Reason: To ensure that all species are protected and habitats enhanced having regard to the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework (2021), NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1, LD2 and LD3, Weston Under Penyard Neighbourhood Development Plan and the council’s declared Climate Change & Ecological Emergency.

5

Resource Audit

Prior to commencement of development, a Resource Audit to identify the approach to materials shall be submitted to and approved in writing by the Local Planning Authority. The Resource Audit shall include the following;

• The amount and type of construction aggregates required and their likely source;
• The steps to be taken to minimise the use of raw materials (including hazardous materials) in the construction phase, through sustainable design and the use of recycled or reprocessed materials;
• The steps to be taken to reduce, reuse and recycle waste (including hazardous wastes) that is produced through the construction phase;
• The type and volume of waste that the development will generate (both through the construction and operational phases);
• On-site waste recycling facilities to be provided (both through the construction and operational phases);
• The steps to be taken to ensure the maximum diversion of waste from landfill (through recycling, composting and recovery) once the development is operational;
• End of life considerations for the materials used in the development; and
• Embodied carbon and lifecycle carbon costs for the materials used in the development.

Construction works shall thereafter be carried out in full accordance with the details of the approved Resource Audit unless agreed in writing by the Local Planning Authority.

Reason: This condition is required pre-commencement as the treatment/handling of any site waste is a necessary initial requirement before any groundworks are undertaken in the interests of pollution prevention and efficient waste minimisation and management so as to comply with Policies SD1 and SP1 of the Herefordshire Local Plan – Core Strategy, Herefordshire Minerals and Waste Local Plan and the National Planning Policy Framework.

6

CMP/CMS

Development shall not begin until details and location of the following have been submitted to and approved in writing by the Local Planning Authority, and which shall be operated and maintained during construction of the development hereby approved:

·       method for ensuring mud is not deposited onto the public highway

·       24 hour emergency contact number

·       Construction traffic access location

·       Parking for site operatives

·       Measures to control noise and dust impact;

·       The use of a consolidation operation or scheme for the delivery of materials and goods

·       Means by which a reduction in the number of movements and parking on nearby streets can be achieved (including measures taken to ensure satisfactory access and movement for existing occupiers of the neighbouring properties during construction):

·       Routes for construction traffic, avoiding weight and size restrictions to reduce unsuitable traffic on residential roads;

·       Locations for loading/unloading, waiting/holding areas and means of communication for delivery vehicles if space is unavailable within or near the site;

·       Locations for storage of plant/waste/construction materials;

·       Arrangements to receive abnormal loads or unusually large vehicles;

·       Any necessary temporary traffic management measures;

·       Methods of communicating the Construction Management Plan to staff, visitors and neighbouring residents and businesses;

·       Submission of tree protection plan in accordance with BS5837:201

·       Detailed Construction Method Statement (CMS) containing

·       Hours of operation;

·       The methods and materials to be used to ensure that the generation of noise is minimised;

·       Choice of plant and equipment to be used;

·       The use of prefabricated materials wherever possible;

·       Regarding optimum site layout, noise generating activities to be located away from sensitive receptors; and

·       Good housekeeping and management, to include.

a) Review of plant and activities to ensure noise minimisation measures are in place and operating;

b) Public relations, e.g. provision of telephone numbers for complaints, pre-warning of noisy activities

including activities that might generate perceptible vibration, sensitive working hours;

c) Controlling of site traffic and setting up of access routes away from sensitive receptors; and

d) Provision of noise monitoring during activities likely to affect sensitive receptors.

The development shall be carried with full implementation of all noise and overheating mitigation recommendations outlined in the acoustic assessment reference 26942-ENV-0401, carried out by MEC, dated March 2023.

The development shall be carried out in accordance with the approved details for the duration of the construction of the development.

Reason: In the interests of highway safety and tree protection and protect amenity of occupiers of nearby properties so as to comply with Policies SS6 and SD1 and Policy MT1,LD1 and LD3 of Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

7

Archaeology Protection

Prior to commencement of the development hereby permitted the area detailed as archaeological no go zone natural green space on P22-2340-P101 SITE LAYOUT PLAN REV J shall be protected by appropriate robust fencing. Once these protective measures have been erected but prior to commencement of the development a suitably qualified archaeological consultant appointed by the developer shall inspect the site and write to the Local Planning Authority to confirm that the protective measures are in-situ. Upon confirmation of receipt of that letter by the Local Planning authority the development may commence but the tree protective measures must remain in-situ until completion of the development.

Reason: To ensure suitable protection to the extensive archaeological remains of high significance in accordance with LD4 of Herefordshire Local Plan – Core Strategy, and Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

No development to take place, with the exception of any site clearance and groundworks.

8

Foundation detail

With the exception of site clearance and groundworks, no development shall take place until a detailed design and method statement for the foundation design and all new groundworks has been submitted to, and approved in writing by, the Local Planning Authority. The development hereby permitted shall only take place in accordance with the detailed scheme pursuant to this condition.

Reason: The development affects a site on which archaeologically significant remains survive and a design solution is sought to minimise disturbance through a sympathetic foundation design in accordance with LD4 of Herefordshire Local Plan – Core Strategy, and Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

9

Electric Vehicle Charging

With the exception of site clearance and groundworks, no development shall commence until written and illustrative details of the number, specification and location of electric vehicle charging points, has been submitted to and approved in writing by the Local Planning Authority. The electric vehicle charging points serving each plot shall be installed prior to first occupation of that plot and be maintained and kept in good working order thereafter as specified by the manufacturer.

Reason: To address the requirements policies in relation to climate change SS7, MT1 and SD1 of the Herefordshire Local Plan Core Strategy, to assist in redressing the Climate Emergency declared by Herefordshire Council, Weston Under Penyard Neighbourhood Development Plan and to accord with the provisions of the National Planning Policy Framework.

10

BNG

Prior to any construction work above damp proof course a specification and annotated location plan for proposed biodiversity net gain enhancement features including significant and meaningful provision of ‘fixed’ habitat features including a range of bird nesting boxes, bat boxes (or similar roosting features), invertebrate homes, reptile hibernacula, hedgehog homes and hedgehog highways through all impermeable boundary features (except adjacent to main highways), must be supplied to and approved in writing by the local authority. The approved scheme shall be implemented in full and hereafter maintained as approved.

Reason: To ensure that biodiversity net gain is secured and habitats enhanced having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981, National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy (2015) policies SS1, SS6 LD1, LD2 and LD3; and the council’s declared Climate Change and Ecological Emergency and Weston Under Penyard Neighbourhood Development Plan

11

Materials

With the exception of any site clearance and groundwork, no further development shall take place until details or samples of materials to be used externally on walls and roofs (including details of any solar panels) have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Polies SD1, of the Herefordshire Local Plan and Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework

12

Highway works

Development shall not begin in relation to any of the specified highways works:

o   New Access Road

o   New Footway(s)

o   Relocated Bus Stop

o   Over run area

o   Visibility Spays

o   Mini Roundabout

until details of the works have been submitted to and approved by the Local Planning Authority in writing following the completion of the technical approval process by the Local Highway Authority. The development shall not be occupied until the scheme has been constructed in accordance with the approved details as submitted in drawing 24470-02-7 rev E.

Reason: To ensure the safe and free flow of traffic on the highway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy Plan, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework

13

Road details

Development shall not begin in relation to the provision of road and drainage infrastructure until the following details are submitted to and approved in writing to the Local Planning Authority:

-           Surface finishes

-           Drainage details

-           Future maintenance arrangements

The development shall be carried out and thereafter maintained in accordance with the approved details prior to the first occupation.

Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

14

Landscape Scheme

With the exception of site clearance and groundwork, no further development shall commence until details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. These details shall include:

(delete as appropriate)

a)         A statement setting out the design objectives and how these will be delivered.

b)         A Soil Resource Survey (SRS) and Soil Resource Plan (SRP) in accordance with the ‘Construction Code of Practice for the Sustainable Use of Soils in Construction Sites’ (DEFRA 2009).

c)         A plan showing existing and proposed finished levels or contours.

d)         A drawing detailing hard surfacing materials

e)         Detailed construction drawings of….

f)          Boundary treatments and means of enclosure.

g)         Artefacts and Structures e.g. street furniture, play equipment, water features.

h)         Vehicle /Cycle /Pedestrian access and circulation areas.

i)          Vehicle parking layouts

j)          Lighting and CCTV

k)         Trees and hedgerow to be removed.

l)          Trees and hedgerow to be retained, setting out measures for their protection during construction, in accordance with BS5837:2012.

m)        All proposed planting, accompanied by a written specification setting out species, size, quantity, density and cultivation details.

n)         A plan detailing water attenuation schemes.

o)         An environmental plan for the protection of sensitive landscapes during the construction phase.

p)         An Environmental Colour Assessment (ECA), to inform the choice of external colour of the development/feature/building.

q)         An implementation programme – setting out phasing of work where appropriate.

The development shall be carried out and thereafter maintained in accordance with the approved details prior to the first occupation.

Reason:  To safeguard and enhance the character and amenity of the area in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework

Prior to occupation

15

Before the development is first occupied or brought into use, a schedule of landscape maintenance for a period of 5 years shall be submitted to and approved in writing by the Local Planning Authority. Maintenance shall be carried out in accordance with this approved schedule.

Reason:  To ensure the future establishment of the approved scheme, in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework

16

Landscape Scheme

Before the development is first occupied or brought into use, a schedule of landscape maintenance for a period of 5 years shall be submitted to and approved in writing by the Local Planning Authority. Maintenance shall be carried out in accordance with this approved schedule.

Reason:  To ensure the future establishment of the approved scheme, in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

17

Surface Water drainage

Before the development is first occupied or brought into use, the provision of a revised surface water drainage strategy shall be submitted and approved in writing by the Local Planning Authority.

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework

18

Floor levels

Before the development is first occupied or brought into use details of an as-built topographical survey of the proposed raised ground north of Plots 41, 42 and 43, that demonstrates that finished ground levels are above 72.50m AOD shall be submitted to the Local Planning Authority and approved in writing by the Local Planning Authority. The survey shall be implemented following a suitable duration as deemed appropriate to allow adequate consolidation of the fill.

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework

19

Car Parking

Prior to the first occupation of [any or the] dwellings to which this permission relates an area for car parking shall be laid out within the curtilage of that property, in accordance with the approved plans (P103) which shall be properly consolidated, surfaced and drained, in accordance with details to be submitted to and approved in writing by the Local Planning Authority and those areas shall not thereafter be used for any other purpose than the parking of vehicles.

Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

20

Open Space

Prior to the first occupation of the development hereby approved details of the Management Company should be submitted. Details to include a written scheme

detailing:

·       the future management and maintenance requirements for the open space facilities

·       how the Management company will be set up in order to fulfil its ongoing obligations and functions in relation to the open space facilities

The Management and maintenance shall be implemented in accordance with the approved details and be available for use prior to the first use of the dwelling to which it relates.

Reason: To ensure the successful establishment of the approved scheme, Local Planning Authority and in order to conform with policies OS2, OS3, SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy, the Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

21

Cycle Parking

Prior to occupation of the development hereby permitted full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of each dwelling shall be submitted to the Local Planning Authority for their written approval.

The covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details and available for use prior to the first use of the dwelling to which it relates. Thereafter these facilities shall be maintained;

Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework

22

Refuse

Prior to first occupation of the development, refuse and recycling collection arrangements shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and be available for use prior to the first use of the dwelling to which it relates.

Reason: To ensure satisfactory bin collection arrangements in line with Herefordshire Local Plan – Core Strategy Policies SD1 and MT1 Weston Under Penyard Neighbourhood Development Plan

23

Water Efficiency

Prior to the first occupation of any of the residential development hereby permitted written evidence / certification demonstrating that water conservation and efficiency measures to achieve the ‘Housing – Optional Technical Standards – Water efficiency standards’ (i.e. currently a maximum of 110 litres per person per day) for water consumption as a minimum have been installed / implemented shall be submitted to the Local Planning Authority for their written approval. The development shall not be first occupied until the Local Planning Authority have confirmed in writing receipt of the aforementioned evidence and their satisfaction with the submitted documentation.

Thereafter those water conservation and efficiency measures shall be maintained for the lifetime of the development

Reason: In order to ensure that water conservation and efficiency measures are secured to safeguard water quality and the integrity of the River Lugg (Wye) SAC in accordance with policies SS6, SD2, SD4 and LD2 of the Herefordshire Local Plan Core Strategy, the National Planning Policy Framework, the Conservation of Habitats and Species Regulations (2017) and NERC Act (2006).

24

Contaminated Land

The Remediation Scheme, as approved pursuant to condition no. (3) above, shall be  fully implemented before the development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted and agreed in writing before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

Reason: In the interests of human health and to comply with policy SD1 of the Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework

        Compliance

25

Contamination

If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

Reason: In the interests of human health and to comply with policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

26

Access

The construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority, at a gradient not steeper than 1 in 12.

Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

27

Archaeological Protection

No materials shall be stored, no vehicles or machinery stored or parked and no fires lit within the fenced areas referred to in condition 7 above.

Reasons: To ensure that there is no damage during the construction phase to the trees on

the site to be retained and that are recognised to be of amenity value, in accordance with Policy LD4 of Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

28

Surface Water

No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network.

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

29

Noise Assessment

The recommendations set out in the noise assessment carried out by Mewies Engineering Consultants Limited (MEC), report reference 26942-ENV-0401 shall be implemented in full and hereafter maintained as approved.

Therefore believe that compliance can be achieved on this site providing that the recommendations within the above referenced report are implemented

Reason: To protect amenity in line with Herefordshire Local Plan – Core Strategy Policies SD1  of the Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework

30

Foul Water

All foul water flows created by the approved development shall be managed through connection to the Welsh Water mains sewer network managed by the Lower Cleeve Waste Water Treatment Works; and all surface water shall be managed through onsite Sustainable Drainage Systems.

Reason: In order to ensure Nutrient Neutrality and comply with The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD2, SD3 and SD4.

31

External Lighting

No external lighting shall be provided other than the maximum of one external LED down-lighter above or beside each external door (and below eaves height) with a Corrected Colour Temperature not exceeding 2700K and brightness under 500 lumens. Every such light shall be directed downwards with a 0 degree tilt angle and 0% upward light ratio and shall be controlled by means of a PIR sensor with a maximum over-run time of 1 minute. The Lighting shall be maintained thereafter in accordance with these details.

Reason: To ensure that all species and local intrinsically dark landscape are protected having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife & Countryside Act (1981 amended); National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1-3; ; and the council’s declared Climate Change and Ecological Emergency.

32

Boundary Treatments

Notwithstanding the approved plans, no works in relation to any boundary treatments required by this condition shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the position, type, design and materials of any boundary treatment to be erected. The boundary treatment shall be completed before the dwellings hereby permitted are occupied. Development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity, to ensure the development has an acceptable standard of privacy and to conform to Policies SD1, LD1,of the Herefordshire Local Plan – Core Strategy, and Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework.

33

Solar Panels

Within six months of any of the [solar panels/photovoltaic panels] hereby permitted becoming redundant, inoperative or permanently unused, those panels and all associated infrastructure shall be removed and re-used, recycled, the materials recovered, or be finally and safely disposed of to an appropriate licensed waste facility, in that order of preference.

Reason:  To ensure a satisfactory form of development, avoid any eyesore from redundant plant, prevent pollution, and safeguard the environment when the materials reach their end of life, in accordance with Policies SD1 and SD2 of the Herefordshire Local Plan – Core Strategy, Weston Under Penyard Neighbourhood Development Plan and the National Planning Policy Framework

INFORMATIVES:

The Authority would advise the applicant (and their contractors) that they have a legal Duty of Care as regards wildlife protection. The majority of UK wildlife is subject to some level of legal protection through the Wildlife & Countryside Act (1981 as amended) and the Habitats and Species Regulations (2019 as amended), with enhanced protection for special “Higher Status Protected Species” such as all Bat species, Great Crested Newts, Otters, Dormice, Crayfish and reptile species that are present and widespread across the County. All nesting birds are legally protected from disturbance at any time of the year. Care should be taken to plan work and at all times of the year undertake the necessary precautionary checks and develop relevant working methods prior to work commencing. If in any doubt it advised that advice from a local professional ecology consultant is obtained. If any protected species or other wildlife is found or disturbed during works then all works should stop and the site made safe until professional ecology advice and any required ‘licences’ have been obtained. Any additional lighting should fully respect locally dark landscapes and associated public amenity and nature conservation interests.

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. Revised documents have been submitted during the course of the application assessment it has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

This planning permission is issued pursuant to a Section 106 Town & Country Planning Act 1990 obligation agreement (Date of agreement to be inserted upon issue of permission).

The CEMP does not preclude the requirement for the applicant and their contractors to comply with all statutory ecological protection legislation that lies above any planning permission process. The CEMP should include consideration for all potential environmental effects and a helpful guide to all relevant considerations for a CEMP can be found at:

https://www.designingbuildings.co.uk/wiki/Construction_environmental_management_plan

The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com

The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011.

The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water to establish the location and status of the apparatus.

Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

In accordance with National Planning Policy Framework (Edition 11) and Technical Advice Note 12 (Design), the applicant is advised to take a sustainable approach in considering water supply in new development proposals, including utilising approaches that improve water efficiency and reduce water consumption. We would recommend that the applicant liaises with the relevant Local Authority Building Control department to discuss their water efficiency requirements.