1

Time limit for commencement (full permission)

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

Approved Plans

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

·       Location Plan HRFRD-BUT-XX-00-DR-A-01100-P2

·       Existing Site Plan – Plots 1A and 1B HRFRD-BUT-XX-00-DR-A-01101-P1

·       Existing Site Plan – Plots 4 and 5 HRFRD-BUT-XX-00-DR-A-01102-P2

·       General Arrangement Plot 1A LD-SC-002  Rev A

·       General Arrangement Plot 4 LD-SC-003 Rev B

·       General Arrangement Plot 5 LD-SC-004 Rev C

·       Zoning Plan LD-SC-001 Rev B

·       Hardscape Plan-Plot 1A LD-SC-005 Rev A

·       Hardscape Plan-Plot 5 LD-SC-006  Rev C

·       Planting Plan-Plot 1A LD-SC-007 Rev A

·       Planting Plan-Plot 4 LD-SC-008 Rev B

·       Planting Plan-Plot 5 LD-SC-009 Rev C

·       Tree Plan-Plot 1A LD-SC-010  Rev A

·       Tree Plan-Plot 4 LD-SC-011 Rev B

·       Tree Plan-Plot 5 LD-SC-012  Rev A

·       Planting and Materials Legend LD-SC-013  Rev C

·       Plot 1 Sections AA BB LD-SC-014 Rev A

·       Plot 4 Sections AA LD-SC-015 Rev A

·       Plot 5 Sections AA BB LD-SC-016 Rev B

·       Existing Contours – Plot 1A/B 35849-HYD-1A-XX-M3-C-90100  P01

·       Flood Compensation Plan - Plot 1A/B/C 35849-HYD-1-XX-M3-C-90110 P04

·       Proposed Contours - Plot 1A/B 35849-HYD-1-XX-M3-C-90120 P01

·       Sections Through – Plot 1A/B 35849-HYD-1-XX-D-C-90150 P01

·       Site 1A/B/C Cut and Fill volume plan - 35849-HYD-5-XX-M3-C-90140 P02

·       Existing Contours – Plot 4 35849-HYD--XX-M3-C-90100 P01

·       Site 4 Cut and Fill analysis - 35849-HYD-5-XX-M3-C-90140 P01

·       Flood Compensation Plan – Plot 4 35849-HYD-2-XX-MC-3-90110  P02

·       Proposed Contours – Plot 4 35849-HYD-2-XX-M3-C-90120  P01

·       Sections Through – Plot 4 35849-HYD-2-XX-M3-C-90150 P01

·       Existing Contours – Plot 5 35849-HYD-5-XX-M3-C-90100  P03

·       Site 5 Cut and Fill analysis - 35849-HYD-5-XX-DR-C-90140 P02

·       Flood Compensation Plan – Plot 5 35849-HYD-5-XX-M3-C-90110 P04

·       Proposed Contours – Plot 5 35849-HYD-5-XX-M3-C-90120 P02

·       Sections Through – Plot 5 35849-HYD-5-XX-M3 -C 90151 P02 (sheet 2)

·       Sections Through – Plot 5 35849-HYD-5-XX-M3 -C 90150 P02 (sheet 1)

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.

Prior to Commencement

3

Ecology surveys

Prior to commencement of construction works other than site clearance, all required Optimal Period otter and bat surveys shall be completed and the resulting report submitted to the Local Planning Authority. The report shall include survey methodology and results, details of proposed mitigation and compensation with recommendations for required Protected Species Licences. The approved report, shall be implemented in full, and hereafter maintained.

Reason: To ensure all protected species and habitats are protected and conserved having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), Herefordshire Local Plan Core Strategy policies SS6, LD1, LD2 and LD3.

4

Air Quality Screening

Before any work; including site clearance or demolition begin or equipment and materials are moved on to site, an air quality screening assessment and a dust risk assessment shall be submitted to and approved in writing by the Local Planning Authority. The approved report, shall be implemented in full, and hereafter maintained.

Reason: To protect the amenities of nearby properties so as to comply with Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

5

Construction Environment Management Plan

Before any work; including site clearance or demolition begin or equipment and materials are moved on to site, a Construction Environmental Management Plan (CEMP) including a full Ecological Working Method Statement and a specified ‘responsible person’, shall be supplied to the local planning authority for written approval. The approved CEMP shall be implemented and remain in place until all work is complete on site and all equipment and spare materials have finally been removed; unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework , NERC Act (2006), Herefordshire Local Plan - Core Strategy policies LD1, LD2 and LD3.

6

Landscape/Ecology Plan

No development shall take place until a Landscape, Habitat and Ecological Management Plan, has been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Environment Agency.  The development shall be carried out in accordance with the provisions of the approved Plan.

Reason: To ensure the protection of wildlife and supporting habitat. Also, to secure opportunities for optimising the enhancement of the site’s nature conservation value in line with national planning policy and Herefordshire Local Plan - Core Strategy policies LD1, LD2 and LD3 and the National Planning Policy Framework.

7

Waste Prevention

Prior to any development commencing on site, including any site clearance or groundworks, details of a site waste prevention plan and material management measures  shall be submitted and approved in writing by the Local Planning Authority. This shall include the steps to be taken to reduce, reuse and recycle waste (including hazardous wastes) that is produced through the construction phase. Construction works shall thereafter be carried out in full accordance with the details of the approved plan.

Reason: 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 Policy SD1 of the Herefordshire Local Plan – Core Strategy, Policy SP1 of the Herefordshire Minerals and Waste Local Plan and the National Planning Policy Framework.

8

Construction Management Plan

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 National Highways, and which shall be operated and maintained during construction of the development hereby approved:

-        A method for ensuring mud is not deposited onto the Public Highway

-        Construction traffic access location

-        Parking for site operatives

-        Any lighting

-        Construction Traffic Management Plan

-        Hours of working

-        Community engagement

-        Location of any welfare buildings

-        Noise and vibration controls (including the identification of noise sources and sensitive receptors (including residential) followed by a risk assessment)

-        Complaint handling

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 to mitigate any adverse impact from the development on the A49 trunk road in accordance with DfT Circular 01/2022 and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

9

Arboriculture Statement

Prior to the commencement of any construction works close to retained trees, an Arboricultural Method Statement (AMS) must be submitted and approved by the local planning authority. This should include all information to ensure impacts to retained trees are kept to an acceptable level. The development shall be carried out in strict accordance with the approved AMS.

Reason: To safeguard the character and amenity of the area and to ensure that the development conforms with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

10

Basin design

Prior to the commencement of the development, details of the design of the proposed basins and offtakes shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the approved detail.

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

11

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 the National Planning Policy Framework.

Pre-occupancy or other stage conditions

12

Public Sewer

No development shall commence on plots 4 and 5 until the public sewers crossing the plots have been accurately located and if necessary, a scheme to divert the assets has been submitted to and approved in writing by the Local Planning Authority. Once agreed, the scheme shall be delivered prior to the construction of any SUDS. Thereafter the scheme shall be constructed in full and remain in perpetuity.

Reason: To ensure that the proposed development does not affect the integrity of the public sewerage system in the interests of public health and safety.

13

Landscape management and maintenance

Before the development is first brought into use, a schedule of

• Soft landscape management and maintenance for a period of ten years.
• Hard landscape management and maintenance for a period of ten years

shall be submitted to and approved in writing by the Local Planning Authority. Maintenance shall be carried out in accordance with the approved schedule.

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

14

Lighting

Details of any external lighting proposed to illuminate the development shall be submitted to and approved in writing by the Local Planning Authority before the use hereby permitted commences. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development.

Reason: To safeguard local amenities and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

15

Maintenance plan for  basins

Before the development is first brought into use details of the provision of a maintenance plan for basins shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be maintained in accordance with the approved plan.

Reason: To ensure the future establishment of the approved scheme, in order to conform with policies SD3, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

16

Contaminated Land

The Remediation Scheme, as approved pursuant to condition 11 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 and the National Planning Policy Framework.

17

Archaeology investigation

The applicant shall commission a suitable archaeological investigation of the far southern corner of Application Area Plot 5.  This investigation should commence prior to any construction works in this part of the site, and the results of the investigation will form part of the continuing design process here. The investigation will in essence consist of an appropriate geophysical survey, and targeted archaeological excavation area(s). As would be normal, there will be a need to make the results, and any archive generated, publicly accessible in due course.

Reason: To allow the potential archaeological interest of the site to be investigated and recorded and to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Post occupancy monitoring and management/Compliance Conditions

18

Ecology Enhancements

Within 3 months of completion of the approved works evidence of the suitably placed installation within the site boundaryof at least TWELVE bird nesting boxes; FOUR artificial kingfisher tunnels; FOUR number bat roosting features; ONE artificial otter hold as recommended within the Ecological Appraisal by Greengage (dated April 2025) should be supplied to the local authority; and shall be maintained hereafter as approved unless otherwise agreed in writing by the local planning authority.

Reasons: To ensure Biodiversity Net Gain and species and habitats enhancement having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), Herefordshire Local Plan - Core Strategy policies LD1, LD2 and LD3.

19

Tree protection

Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following documents and plan: Arboricultural Impact Assessment and Tree Protection Plan (All Silva_AIA/TPP_15429_24.04.25).

Reason: To ensure that the development is carried out only as approved by the Local Planning Authority and to conform with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

20

Contaminated Land

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) 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.

21

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.

22

Ecological recommendation secured

The recommendations set out in the Impact Assessment section of the Ecological Appraisal by Greengage dated April 2025 should be followed in relation to the identified protected species (badgers, bats, birds, invertebrates, hedgehogs and INNS) unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

INFORMATIVES:

1

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. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

2

With regards to the contaminated land assessment required pursuant to condition 11, the assessment is required to be undertaken in accordance with good practice guidance and needs to be carried out by a suitably competent person as defined within the National Planning Policy Framework 2024.

1)    All investigations of potentially contaminated sites are required to undertake asbestos sampling and analysis as a matter of routine and this should Be included with any submission.

2)    Where ground gas or vapour protection measures are required, they shall be validated in accordance with current best practice guidance.

3

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.

4

It is an offence under Section 148 of the Highways Act 1980 to allow mud or other debris to be transmitted onto the public highway. The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

5

The attention of the applicant is drawn to the provisions of the Wildlife and Countryside Act 1981 (as amended). This gives statutory protection to a number of species and their habitats. Other animals are also protected under their own legislation. Should any protected species or their habitat be identified during the course of the development then work should cease immediately and Natural England should be informed. They can be contacted at: Block B, Government Buildings, Whittington Road, Worcester, WR5 2LQ. Tel: 0300 060 6000.

The attention of the applicant is also drawn to the provisions of the Conservation of Habitats and Species Regulations 2010. In particular, European protected animal species and their breeding sites or resting places are protected under Regulation 40. It is an offence for anyone to deliberately capture, injure or kill any such animal. It is also an offence to damage or destroy a breeding or resting place of such an animal.