Proposed residential development to consist of 2 No. 3 bedroom dwellings, 4 No. 2 bedroom bungalows and associated external works. Including demolition of existing dwelling
38 Cemetery Road, West Chadsmoor, Cannock, Staffordshire WS11 5QH
Decision made 31 Jan 2024 Full - Approval with Conditions. Delegated.Reference: CH/23/0354Cannock Chase District Council
Last published check: 4 Oct 2026, 12:49. Check the council record for more recent changes.
Application location
38 Cemetery Road, West Chadsmoor, Cannock, Staffordshire WS11 5QH
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Application summary
Status
Decision made 31 Jan 2024 Full - Approval with Conditions. Delegated.
Application type
Full Planning Application
Received
2 Oct 2023
Validated
13 Oct 2023
Determination deadline
27 Nov 2023
Local authority
Cannock Chase District Council
Application overview
Proposed residential development to consist of 2 No. 3 bedroom dwellings, 4 No. 2 bedroom bungalows and associated external works. Including demolition of existing dwelling
Proposal details
Reference
CH/23/0354
Alternative references
PP-12495098
Ward
Cannock North
Agent
Mark Heaven
UPRN
100031619014
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The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act 1990.
No part of the development hereby approved shall be undertaken above ground level until details of the materials to be used for the external walls and roof of the proposed dwellings, together with any other external surfaces have been submitted to and approved by the Local Planning Authority. Reason In the interests of visual amenity and to ensure compliance with Local Plan Policies CP3, CP15, CP16 and the NPPF.
Notwithstanding the details shown on the approved site plan, further details of the external environment including proposed plant/shrubs and tree species, their locations, proposed fencing and wall details, surface treatment & construction details for the site has been submitted to and approved by the Local Planning Authority prior to the commencement of that work. The details shall be in the form as specified in Annex C of the Supplementary Planning Guidance 'Trees, Landscape and Development'. Thereafter the approved scheme shall be completed in accordance with the approved plans and prior to the first occupation of the dwellings hereby approved. Reason In the interest of visual amenity of the area and in accordance with Local Plan Policies CP3, CP12, CP14 and the NPPF.
Notwithstanding the details shown on the approved site plan, no part of the development hereby approved shall commence or any actions likely to interfere with the biological function of the retained trees and hedges shall take place, until further details for tree and hedge protection have been submitted to and approved by the Local Planning Authority. In addition to the position already shown, further details shall include the construction of all fencing and the care & maintenance of the trees & hedges within. Reason The existing vegetation makes an important contribution to the visual amenity of the area in accordance with Local Plan Policies CP3, CP12, CP14 and the NPPF.
If demolition and refurbishment are to be undertaken between the beginning of March and the end of August in any year, there must first be a check undertaken of the building for nesting birds and if birds are nesting then no work can be undertaken until the young have fledged. Reason In the interests of conserving habitats and biodiversity in accordance with Policy CP12 of the Local Plan and the NPPF.
If during development, contamination not previously identified is found to be present at the site, no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until either; A site investigation has been designed and undertaken in accordance with details approved in writing by the Local Planning Authority, a risk assessment has been produced and a method statement detailing remediation requirements using the information obtained from the site investigation has been approved by the Local Planning Authority; or If the above has been previously undertaken, the developer has submitted and obtained written approval from the Local Planning Authority for an addendum to the method statement detailing how this unsuspected contamination shall be dealt with. Reason In order to enable the development to proceed in a safe environment and to protect the health and safety of its occupiers and to ensure compliance with Local Plan Policy CP3 and the NPPF.
The development hereby permitted shall be carried out in accordance with the following approved plans and documents: Location plan 1354_01 received on 24th October 2023; Existing site plan 1354_02 Rev A received on 18th December 2023; Proposed site plan 1354_03 Rev D received on 29th January 2024; Plots 1 & 2 proposed plans and elevations 1354_04 Rev B received on 18th December 2023; Plots 3 & 4 proposed plans and elevations 1354_05 Rev B received on 18th December 2023; Plots 5 & 6 proposed plans and elevations 1354_06 Rev A received on 18th December 2023; Street Scene 1354_07 received on 24th October 2023; Construction Management Plan 135_08 Rev A received on 29th January 2024; Contextual Analysis Plan 1354_09 received on 24th October 2023; Bat Survey dated September 2023; Reason For the avoidance of doubt and in the interests of proper planning.
The development hereby approved shall not be occupied until a scheme for secure and covered cycle storage for the dwellings without garages (Plots 5 and 6) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in full prior to first occupation of the dwellings. Thereafter the secure cycle storage shall be retained and maintained for the lifetime of the development unless otherwise approved in writing by the Local Planning Authority. Reason In the interests of protecting the air environment in accordance with paragaraph 157 of the NPPF.
The development hereby permitted shall not be occupied until the access, parking and turning areas have been provided in accordance with the proposed site plan (drawing ref: 1354_03 Rev D). Reason In the interests of highway safety and to ensure a completed form of development in accordance with Policy CP3 and the NPPF.
Construction activities and deliveries of construction materials to the site shall not take place outside of the hours of 08:00 hours to 18:00 hours Monday to Friday, 08:00 hours to 13:00 hours on Saturday and at no time on Sundays and Bank Holidays. Reason To ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their properties and to ensure compliance with the Local Plan Policy CP3 - Chase Shaping Design and the NPPF.
Notwithstanding the details shown on the approved plans, before the dwellings are completed above damp course ground level, further details of a scheme for the provision of hedgehog corridors, bat and bird boxes (comprising at least 6 bat boxes) shall be submitted to and approved by the Local Planning Authority. No dwelling hereby approved shall be occupied until the works comprising the approved scheme, in so far as they relate to that dwelling, have been implemented. Reason In the interests of enhancing bird/bat breeding habitat and hedgehog habitat in accordance with Policy CP12 of the Local Plan and paragraph 180 of the NPPF.
Any soakaways shall be located a minimum of 5m rear of the highway boundary. Reason In the interest of highway safety and to ensure a satisfactory standard of development in accordance with the NPPF.
The development shall be carried out in accordance with the Construction Management Plan (drawing ref: 1354_08 Rev A) unless the Local Planning Authority gives written consent to any variation. Reason In the interests of highway safety in accordance with Policy CP3 of the Local Plan and paragraph 115 of the NPPF.
Any trees or plants which within a period of five years from the date of planting die, are removed or become seriously damaged or diseased, shall be replaced in the following planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. Reason In the interests of visual amenity of the area. In accordance with Local Plan Policies CP3, CP12, CP14 and the NPPF.
The garages shall not be used for any purpose other than the accommodation of private motor vehicles belonging to the occupiers of the dwelling or any other use which is incidental to the enjoyment of the dwelling, but at no time shall be converted to additional living accommodation. Reason To safeguard the amenities of the area and to ensure that the use of the premises does not detract from the enjoyment of their properties by adjoining residents, to ensure sufficient car parking remains available at the site and to ensure compliance with the Local Plan Policy CP3 and the NPPF.
The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
Staffordshire County Council as Highway Authority would not formally adopt the proposed development; however, the development will require approval under Section 7 of the Staffordshire Act 1983. The comments from the Local Highway Authority on this planning application do not constitute a detailed design check of the proposed access road construction, drainage and any street lighting. The applicant is requested to complete the necessary Section 7 application forms and submit all drawings to Staffordshire County Council for formal checking prior to the commencement of development. The proposed development would not be formally adopted by the Highways Authority and therefore would remain private. It will, therefore, be necessary for maintenance/management arrangements for the access road and internal layout to be submitted to the Highway Authority with a view to securing an exemption under Section 219 of the Highways Act 1980. Although the road layout will not be to adoptable standard, the roadways within the site will still need to be constructed to be 'fit for purpose'.
If the demolition of the building does not take place within 18 months from the date of the bat survey, then a further emergence survey should be carried out by a suitably qualified expert, the details and conclusions of which shall be submitted to and approved in writing by the Local Planning Authority prior to the demolition works being carried out. The development shall then be carried out in accordance with any further mitigation measures recommended. Reason In the interests of ensuring the protection of bats and bat roosts in accordance with Policy CP12 of the Local Plan and the NPPF.
Reason for Grant of Permission In accordance with paragraph 38 of the National Planning Policy Framework the Local Planning Authority has worked with the applicant in a positive and proactive manner to approve the proposed development, which accords with the Local Plan and the National Planning Policy Framework.
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