Relocation of existing 2.2 metre high boundary fencing

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: To comply with Section 91(1) of the Town and Country Planning Act, 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. The development hereby permitted shall be carried out in accordance with the following approved plans: - Drawing Number 4945/14 (Site Location Plan) received by the Local Planning Authority on 03.06.2025. - Drawing Numbers 4955/13B (Proposed Site Plan) and 4955/12B (Proposed Elevations) received by the Local Planning Authority on 10.10.2025. REASON: For the avoidance of doubt and in the interests of proper planning.
3. No materials other than those indicated on the approved plans shall be used without the approval in writing of the local planning authority. REASON: In the interests of the visual amenities of the area and to comply with BCCS Policy ENV3 - Design Quality and Borough Development Strategy 2017 Policy S6 Urban Design.
4. No development or other operations shall commence on site or in connection with the development hereby approved, (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and or widening, or any operations involving the use of motorised vehicles or construction machinery) until a detailed tree felling / pruning specification has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall commence on site until the approved tree felling and pruning works have been completed. All tree felling and pruning shall be carried out in full accordance with the approved specification and the requirements of British Standard 3998 (2010) Recommendations for Tree Work. REASON: To ensure that all tree works carried out on site are appropriate and justified in line with the proposed development and the safeguarding of the visual and environmental amenity in accordance with policy with the Borough Development Strategy 2017 Policy S22 Mature Trees, Woodland and Ancient Woodland (in part).
5. All excavations to be undertaken within the Root Protection Area (as defined by Clause 4.6 of British Standard BS:5837 – 2012 ‘Trees in Relation to Design, Demolition and Construction– Recommendations’) of any existing trees on site shall be undertaken in accordance with NJUG Guidelines for the Planning, Installation and Maintenance of Utility Apparatus in Proximity to Trees (NJUG Volume 4). REASON: To ensure that existing trees are not damaged through the loss of roots, to maintain the visual and environmental quality of the site and surrounding area in accordance with the Borough Development Strategy 2017 Policy S22 Mature Trees, Woodland and Ancient Woodland (in part).
6. The existing trees shown on the approved plans to be retained shall not be damaged or destroyed, uprooted, felled, lopped or topped during the construction period of the development without prior written consent of the local planning authority. Any trees removed without such consent or dying or being seriously damaged or diseased during that period shall be replaced with healthy trees of such size and species as may be agreed in writing by the local planning authority. REASON: To maintain the visual and environmental quality of the site and surrounding area in accordance with the Borough Development Strategy 2017 Policy S22 Mature Trees, Woodland and Ancient Woodland (in part). Informatives: In dealing with this application the Local Planning Authority have worked with the applicant in a positive, proactive and creative manner, seeking solutions to problems arising in relation to dealing with the application, by seeking to help the applicant resolve technical detail issues where required and maintaining the delivery of sustainable development. The development would improve the economic, social and environmental concerns of the area and thereby being in accordance with paragraph 39 of the National Planning Policy Framework 2024. IMPORTANT - COMMUNITY INFRASTRUTURE LEVY This development is exempt from the Community Infrastructure Levy (CIL) and therefore you are only required to comply with the conditions attached to this notice. Coal Mining Areas Informative - Referral Area (High Risk) The proposed development lies within an area that has been defined by the Mining Remediation Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Mining Remediation Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure a suitable engineering design which takes account of all relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining Remediation Authority Policy in relation to new development and mine entries available at: Building on or within the influencing distance of mine entries - GOV.UK Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority's website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property What is a permit and how to get one? - GOV.UK (www.gov.uk) In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities. If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required. Further information regarding Incidental Coal Agreements can be found here - https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-applicants-for-incidental-coal-agreements If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Mining Remediation Authority on 0800 288 4242. Further information is available on the Mining Remediation Authority website at: Mining Remediation Authority - GOV.UK Informative Note valid from 1st January 2025 until 31st December 2026 When granting planning permission, Article 35 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended by The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024) (https://www.legislation.gov.uk/uksi/2015/595/article/35/) requires planning authorities to set out the following information to signpost an applicant to the statutory framework for Biodiversity Net Gain. Paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 states that planning permission, granted for the development of land in England, is deemed to have been granted subject to the "Biodiversity Gain condition" and 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. The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission is the Dudley Metropolitan Borough Council. In accordance with the Biodiversity Net Gain Planning Practice Guidance, the Biodiversity Gain condition is not being repeated within this decision notice. However, please be aware that noncompliance with this statutory condition may result in enforcement action. There are statutory exemptions and transitional arrangements which mean that the Biodiversity Gain condition does not always apply. These are set out in The Biodiversity Gain Requirements (Exemptions) Regulations 2024 (https://www.legislation.gov.uk/uksi/2024/47/contents/made) and The Environment Act 2021 (Commencement No.8 and Transitional Provisions) Regulations 2024 (https://www.legislation.gov.uk/uksi/2024/44/made). The planning authority requests that, where an applicant is required to submit a Biodiversity Gain Plan, Habitat Management & Monitoring Plan (HMMP) and /or HMMP monitoring reports, that the applicant uses the standard national templates. If this permission is not exempt, and there is "irreplaceable habitat" onsite (as set out within Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) (https://www.legislation.gov.uk/uksi/2024/48/contents/made) there are additional obligations for the content of the Biodiversity Gain Plan/s. This must be addressed before the planning authority can approve the plan(s). Based on the information available, it is not considered that this permission is subject to the statutory Biodiversity Gain condition, as the following exemption applies: Development below the de minimis threshold, meaning development which: i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).

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