Section 73 application for the variation of conditions 8 (tree survey) and 10 (drawing numbers) pursuant to application CH/23/0404 for the erection of a detached dwelling
Land Adj 128, Old Penkridge Road, Cannock, WS11 1HY
Decision made 02 May 2025 Full - Approval with Conditions. Full Planning Committee.Reference: CH/25/0016Cannock Chase District Council
Last published check: 2 Oct 2026, 05:07. Check the council record for more recent changes.
Application location
Land Adj 128, Old Penkridge Road, Cannock, WS11 1HY
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Application summary
Status
Decision made 02 May 2025 Full - Approval with Conditions. Full Planning Committee.
Application type
Full Planning Application
Received
21 Jan 2025
Validated
22 Jan 2025
Determination deadline
17 Mar 2025
Local authority
Cannock Chase District Council
Application overview
Section 73 application for the variation of conditions 8 (tree survey) and 10 (drawing numbers) pursuant to application CH/23/0404 for the erection of a detached dwelling
Proposal details
Reference
CH/25/0016
Alternative references
PP-13712746
Ward
Cannock Park & Old Fallow
Agent
Steve Faizey
UPRN
MAN000000000121482
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The development to which this permission relates must be begun not later than 23rd April 2027. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act 1990 and the date of the original planning consent CH/23/0404.
Where the desk study has identified an unacceptable risk from land contamination, suitable and sufficient site investigations, carried out in accordance with Environment Agency Land Contamination: Risk Management guidance, shall be undertaken to determine the significance of that contamination. A report on the findings of such investigations shall be submitted to the Local Planning Authority for approval. ii) Where site investigations have confirmed unacceptable risks from land contamination, potential remediation options should be appraised and a remediation strategy, prepared in accordance with Environment Agency Land Contamination: Risk Management guidance, shall be submitted to the Local Planning Authority for approval. iii) The developer shall implement the approved remediation strategy in accordance with Environment Agency Land Contamination: Risk Management guidance, following which a verification report shall be submitted to the Local Planning Authority for approval. iv) Identification of contamination that was not previously identified by site investigations shall be reported to the Local Planning Authority as soon as is practicable. Details on how the identified contamination is to be addressed shall be submitted to the Local Planning Authority for approval. Remediation shall be undertaken in accordance with the approved submission. Following development, if no further contamination was identified then comment to this effect shall be submitted to the Local Planning Authority for approval prior to first occupation. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems in accordance with the National Planning Policy Framework.
No dwelling hereby permitted shall be occupied until bat roost enhancement measures have been installed to each dwelling, as detailed on plan reference 23012/2C. Thereafter, the provided bat boxes shall be retained for the lifetime for the development. Reason In the interests of enhancing bat breeding habitat in accordance with Policy CP12 of the Local Plan and the National Planning Policy Framework.
The dwelling hereby approved shall not be occupied until the access and parking areas have been completed in accordance with the submitted ‘Site Plan’. Thereafter the approved parking areas and access shall be retained for the lifetime of the development. Reason In the interests of highway safety in accordance with Local Plan Policy CP10.
Construction activities, including deliveries and ground works associated with the development of the site shall take place between the following times: • 08:00 – 18:00 Monday to Friday • 08:00 – 13:00 Saturday Construction shall not be undertaken at any time on a Sunday or Public/ Bank Holidays. Reason To mitigate potential adverse impacts from construction noise on residential amenity.
No above ground development shall commence until the mitigation measures outlined in the supporting Coal Mining Risk Assessment, Geotechnical Ground Investigation Letter and Geotechnical Ground Investigation Letter – Supplement reports, to protect the development from the effects of potential land instability associated with fissure or breakline features, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. The mitigation measures shall be carried out in accordance with authoritative UK guidance. Reason In order to ensure the safety and stability of the development, in accordance with the National Planning Policy Framework.
Prior to the occupation of the development hereby approved, a signed statement or declaration prepared by a suitably competent person confirming that the site has been made safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm that the mitigation measures necessary to address the risks posed by past coal mining activity have been implemented in full. Reason In order to ensure the safety and stability of the development, in accordance with the National Planning Policy Framework.
Prior to the commencement of any construction or site preparation works including any actions likely to interfere with the biological function of the retained trees and hedges, approved protective fencing shall be erected in the positions shown on the approved Tree Protection Plan THL-1183-5 to form a Tree Protection Zone. Within the enclosed area known as the Tree Protection Zone, no work will be permitted without the written consent of the Local Planning Authority. No storage of material, equipment or vehicles will be permitted within this zone. Service routes will not be permitted to cross the Tree Protection Zones unless written consent of the Local Planning Authority is obtained. The Tree Protection Zone will be maintained intact and the vegetation within maintained until the cessation of all construction works or until the Local Planning Authority gives written consent for variation. Reason To ensure the retention and protection of the existing vegetation which makes an important contribution to the visual amenity of the area. In accordance with Local Plan Policies CP3,CP12,CP14 and the National Planning Policy Framework.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification),no development within Part 1 of Schedule 2 to the Order shall be carried out without an express grant of planning permission, from the Local Planning Authority, namely: • The enlargement, improvement or other alteration of the dwellinghouse; • The erection or construction of a porch outside any external door of the dwelling; • The provision within the curtilage of the dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; Reason The Local Planning Authority considers that such development would be likely to affect considerations around coal mining legacy. It is considered to be in the public interest to require an application to enable the merits of any proposal to be assessed in order to ensure the safety and stability of the development, in accordance with the National Planning Policy Framework.
The development hereby permitted shall be carried out in accordance with the following approved plans: - 23012/2C – Proposed Site Plan - 23012 – Rev 4A Amended Floor Plans - 23012 – Rev 5A Amended - Elevation Plans - Site Sections 23012/16 Reason For the avoidance of doubt and in the interests of proper planning
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
a. The site is known or suspected to be contaminated. The responsibility for safe development and secure occupancy of the site rests solely with the developer. b. Please note that Environmental Health comments relate to risks posed from land contamination to human health only; the Environment Agency and other agencies may have additional requirements. c. The Local Planning Authority will determine the application based on the information submitted to it. Please be aware that should a risk of harm from contamination remain post development, the applicant is likely to be liable under Part 2(a) of the Environmental Protection Act 1990 for any additional remediation. d. The applicant is advised that should there be a requirement as part of the Remediation Strategy to treat, reuse or remove contaminated material on the site, the Environment Agency should be consulted, as these activities may need to be licensed or permitted. e. Cannock Chase Council is keen to liaise with all stakeholders involved in this application. As such, we recommend that a proposed scope of works is forwarded the Environmental Protection Department and agreed in principle prior to site investigation works being undertaken. Environmental Protection is also prepared to review draft copies of reports prior to final submission to the Local Planning Authority in order to ensure that works undertaken are sufficient to gain approval of contaminated land conditions. Further information regarding the requirements of Cannock Chase Council can be obtained from Environmental Protection (environmentalhealth@cannockchasedc.gov.uk / 01543 462621).
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