Variation to Condition 2 of planning permission CH/24/338 to enable amendments to the approved design of the single-storey car parking deck located in Car Park E
Variation to Condition 2 of planning permission CH/24/338 to enable amendments to the approved design of the single-storey car parking deck located in Car Park E
Proposal details
Reference
CH/25/0260
Alternative references
PP-14224281
Ward
Hawks Green with Rumer Hill
Agent
Ralph Elliott
UPRN
MAN000000000122941
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The development to which this permission relates must be begun not later than 9th May 2028 in line with the original decision date. Reason: To comply with the requirements of Section 91 of the Town & Country Planning Act 1990.
2. The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan WMDO-HMA-XX-XX-D-A-00900-S0-P07 Existing Site Plan WMDO-HMA-XX-XX-D-A-00100-S0-P08 Proposed Site Plan WMDO-HMA-XX-00-D-A-00101-P16 Deck Car Park C Ground Floor Plan WMDO-HMA-CC-00-D-A-00102-S0-P04 Deck Car Park C First Floor Plan WMDO-HMA-CC-01-D-A-00103-S0-P05 Deck Car Park E Ground Floor Plan WMDO-HMA-CE-00-D-A-00104-P06 Deck Car Park E First Floor Plan WMDO-HMA-CE-01-D-A-00105-P07 Deck Car Park C Elevations WMDO-HMA-CC-XX-D-A-00300-S0-P04 Deck Car Park E Elevations WMDO-HMA-XX-00-D-A-00009-P02 Car Park C&E West Elevation from A460 WMDO-HMA-CC-XX-D-A-00302-S0-P04 Deck Car Park C&E Cladding Plan WMDO-HMA-XX-01-D-A-00107-S0-P02 Car Park C Proposed Lighting Layout Isolux Lines 0104123-HLEA-02-XX-DR-E-708-115-P02 Car Park E Proposed Lighting Layout Isolux Lines 0104123-HLEA-02-XX-DR-E-708-116-P03 Drainage Strategy Letter (prepared by Robert Bird Group); Biodiversity Letter (prepared by FPCR) Reason: In the interests of proper planning and to define the consent.
Prior to the commencement of the car parking decks hereby permitted, full details of the proposed exterior cladding shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter the approved details shall be implemented in full as part of the development hereby permitted. Reason: In the interests of the character and appearance of the development in accordance with Local Plan Policy CP3.
The development hereby permitted should not commence until drainage plans for the disposal of foul and surface water flows have been submitted to and approved by the Local Planning Authority, and thereafter the scheme shall be implemented in accordance with the approved details before the development is first brought into use. Planning Practice Guidance and section H of the Building Regulations 2010 detail surface water disposal hierarchy. The disposal of surface water by means of soakaways should be considered as the primary method. If this is not practical and there is no watercourse available as an alternative, other sustainable methods should also be explored. If these are found unsuitable satisfactory evidence will need to be submitted before a discharge to the public sewerage system is considered. No surface water to enter the foul or combined water systems by any means. Reason: In the interests of controlling foul and surface water run off from the site in line with Local Plan Policy CP16.
The development hereby permitted shall not be commenced until a Construction Environment Management Plan / Construction Surface Water Management Plan which evidences that adequate provision for surface water management (both in terms of runoff quantity (flows and volumes), as well as quality (pollution mitigation, including sedimentation), and which broadly aligns with the matters within the submitted Ecology Report (inclusive of, amongst other paragraphs 5.2), has been submitted to and agreed in writing by the Local Planning Authority. The Construction Environment Management Plan must include a Construction Surface Water Management Plan. Thereafter the development shall be implemented in accordance with the agreed details. Reason: To prevent flooding and other ecological impacts (including pollution and sedimentation), during construction and site works in line with Local Plan Policy CP16.
6. The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP) prepared in accordance with the approved Biodiversity Gain Plan has been submitted to, and approved in writing by, the local planning authority. The approved HMMP shall contain the following: a) a non-technical summary; b) the roles and responsibilities of the people or organisation(s) delivering the HMMP; c) the planned habitat creation and/or enhancement works to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan; d) the planned habitat management works to ensure retained habitats, that are not targeted for enhancement, maintain their baseline habitat condition; e) the timeframe for the start and end of the habitat creation and/or initial enhancement works for the purposes of defining the start of the 30 year management and monitoring period; f) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of at least 30 years from the completion of the habitat creation and initial enhancement works; g) the monitoring methodology in respect of the created and/or enhanced habitat; h) the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer; i) mechanisms of adaptive management to account for necessary changes in work schedule to achieve the required targets; j) a timetable for review of the management actions and monitoring; k) the procedure(s) in the form of a remediation and reinstatement methodology for addressing a failure to manage and maintain the full extent of habitat(s) to the specified condition(s) at any point in time over the period of the HMMP. The existing, created and/or enhanced habitat specified in the latest approved HMMP shall be managed and maintained in accordance with the latest approved HMMP. Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and Policy CP12 of the Cannock Chase Local Plan (Part 1) 2014.
7. Prior to installation of the car parking decks a Construction Management Plan shall first be submitted and approved in writing by the Local Planning Authority which includes: • A programme for the proposed construction works of the car parking decks (and where relevant Phase 2A retail) • Arrangements for the parking of site operatives and visitors • Location of the contractors, compounds, cabins and materials storage areas • Construction and delivery hours • Agent contact details. Reason: In the interests of highway safety in accordance with Local Plan Policy CP10.
8. Prior to the first beneficial use of the development, a report, evidencing that the habitat creation and/or initial enhancement works (as defined in the latest approved HMMP) shall be completed for the purposes of defining the start of the 30 year habitat management and monitoring period and submitted to the Local Planning Authority. The 30 year habitat management and monitoring period shall not begin unless and until agreed in writing by the Local Planning Authority. Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and Policy CP12 of the Cannock Chase Local Plan (Part 1) 2014
9. The development hereby permitted shall only be carried out in accordance with the submitted Drainage Strategy documents: Robert Bird Group – Flood Risk Assessment & Drainage Strategy – McArthurGlen Designer Outlet West Midlands – Job Number: 5018 – Revision P03 – Date of issue: 06February 2025 – Document Number – 5018-RBG-XX-ZZ-CV-RP-00003, subject to the submission of the following details: (i) Surface water drainage system(s) (SuDs) design, designed in full accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (SuDs), (DEFRA, March 2015). (ii) SuDs designed in full accordance with the Staffordshire County Council LLFA SuDS Handbook- and all relevant standards and policies contained within. (iii) Provision of adequate attenuation surface water run-off attenuation storage in accordance with the requirements specified in ‘Science Report SC032019 Rainfall Management for Developments’. (iv) The incorporation of adequate surface water treatment in accordance with CIRIA C753 - The Simple Index Approach to Surface Water Quality Management, to mitigate water quality pollution. (v) Detailed design (plans, network details and calculations), in support of any surface water drainage scheme, including details of any attenuation system, and the outfall arrangements. Calculations should demonstrate the performance of the designed system for a range of return period and storm durations, inclusive of the 1 in 2 year, 1 in 30 year, 1 in 100 year, and 1 in 100 year plus Climate Change. (vi) Plans illustrating flooded areas and flow paths in the event of exceedance of the drainage system. (vii) Provision of an acceptable management and maintenance plan for surface water drainage to ensure that surface water systems shall be maintained any managed for the lifetime of the development. (viii) Thereafter the approved scheme shall be implemented in full accordance with the agreed details. (ix) Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site and to ensure lifetime maintenance of the system to prevent flooding issues in accordance with Local Plan Policy CP16.
10. The development shall be carried out in full accordance with the recommendations as stated within the submitted Ecological Report Para 5.11 onwards including in relation to site clearance, tree protection, minimising light spillage and habitat enhancement. Reason: In the interests of minimising impacts from construction upon nearby nature conservation assets in line with Local Plan Policy CP16.
Monitoring reports including biodiversity reconciliation calculations at specific years set out in the HMMP of the 30-year habitat management and monitoring period, shall be submitted to the Local Planning Authority in writing in accordance with the methodology specified in the latest approved Habitat Management and Monitoring Plan. Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and Policy CP12 of the Cannock Chase Local Plan (Part 1) 2014.
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.
Biodiversity Net Gain The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that, subject to some exemptions, every grant of planning permission in England is deemed to have been granted subject to the biodiversity gain condition that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. This objective is for development to deliver at least a 10% increase in biodiversity value relative to the pre-development biodiversity value of the onsite habitat. This increase can be achieved through onsite biodiversity gains, registered offsite biodiversity gains or statutory biodiversity credits. There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These can be found at Biodiversity net gain: exempt developments - GOV.UK (www.gov.uk). Based on the information available this permission is considered to be one which WILL require the approval of a Biodiversity Gain Plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply. The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan in respect of this permission is Cannock Chase Council. When submitting an application to discharge the biodiversity gain condition the LPA requests that the applicant uses the standard national templates for a Biodiversity Gain Plan and a Habitat Management and Monitoring Plan. Submit a biodiversity gain plan - GOV.UK (www.gov.uk) The Biodiversity Gain Plan should be submitted as an 'application for approval of details reserved by condition following grant of planning permission' via the Planning Portal. The biodiversity gain condition cannot be removed or varied. Development to proceed in phases Where the permission granted has the effect of requiring or permitting the development to proceed in phases, the modifications in respect of the biodiversity gain condition which are set out in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 apply. In summary: Biodiversity Gain Plans are required to be submitted to, and approved by, the planning authority before development may be begun (the overall plan), and before each phase of development may be begun (phase plans). Biodiversity net gain - GOV.UK (www.gov.uk) Irreplaceable habitat If the on-site habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans. Irreplaceable habitats - GOV.UK (www.gov.uk) Effect of section 73D of the Town and Country Planning Act 1990 If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 and a Biodiversity Gain Plan was approved in relation to the previous planning permission (the earlier Biodiversity Gain Plan) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted. Those circumstances are that the conditions subject to which the section 73 permission is granted: i) do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan. i) habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
Severn Trent Water Authority 2.1 Severn Trent Water advise that there is a public 675mm combined sewer and a 225mm foul sewer located within this site. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent. You are advised to contact Severn Trent Water to discuss the proposals. Severn Trent will seek to assist in obtaining a solution which protects both the public sewer and the building. Please note, when submitting a Building Regulations application, the building control officer is required to check the sewer maps supplied by Severn Trent and advise them of any proposals located over or within 3 meters of a public sewer. Under the provisions of Building Regulations 2000 Part H4, Severn Trent can direct the building control officer to refuse building regulations approval. 2.2 Please note that there is no guarantee that you will be able to build over or close to any Severn Trent sewers, and where diversion is required there is no guarantee that you will be able to undertake those works on a self-lay basis. Every approach to build near to or divert our assets has to be assessed on its own merit and the decision of what is or isn’t permissible is taken based on the risk to the asset and the wider catchment it serves. It is vital therefore that you contact us at the earliest opportunity to discuss the implications of our assets crossing your site. Failure to do so could significantly affect the costs and timescales of your project if it transpires diversionary works need to be carried out by Severn Trent. 100mm to 299mm diameter – 3m either side of the pipe, measured from the centreline of the sewer. 300mm to 999mm diameter – 5m either side of the pipe, measured from the centreline of the sewer. 2.3 The application for developer enquiry can be found at https://www.stwater.co.uk/building-and-developing/new-site-developments/developer-enquiry/ fill out the relevant information and return to the Developer Services Team. Information, guidance and applications for building and developing can be found on the Severn Trent Website: https://www.stwater.co.uk/building-and-developing/overview/
Coal Authority 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 0800 288 4242. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
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