Conversion of vacant care home into 1 no. house and 4 no. flats with internal and external alterations, associated infrastructure and demolition of link corridor

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: Existing Site and location Plan Drg No. SJD-345-100 Rev A, Existing Floor Plans Drg No. SJD-345-101 Rev A, Existing Elevations Drg No. SJD-345-102 Rev A, Proposed Site Plan Drg No. SJD-345-200 Rev D, Proposed Floor Plans Drg No. SJD-345-201 Rev C and Proposed Elevations Drg No. SJD-345-202 Rev C. REASON: For the avoidance of doubt and in the interests of proper planning.
3. No development shall commence (excluding demolition, site clearance and initial ground works) until full details of the soft landscaping scheme for the site have been submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented in accordance with the approved details before the end of the first planting season following first occupation of the development. Any trees or shrubs planted in pursuance of this permission including any planting in replacement for which is removed, uprooted, severely damaged, destroyed or dies within a period of five years from the date of planting shall be replaced by trees or shrubs of the same size and species and in the same place unless otherwise agreed in writing by the Local Planning Authority. REASON: In order to make a positive contribution to place-making and provide a high quality landscaping in accordance with Black Country Core Strategy (2011) Policies CSP4, ENV2, ENV3 and Dudley Borough Development Strategy (2017) Policy S6 and Policy L1. This detail is required pre commencement (excluding demolition, site clearance and initial ground works) as landscaping is integral to providing a high quality and sustainable development.
4. The development shall not be occupied in accordance with the approved development until details of secure and covered cycle storage have be submitted to and approved in writing by the Local Planning Authority. These facilities shall be provided in accordance with the approved details prior to the first occupation of the development as approved and shall thereafter be retained and maintained for no other purpose, for the life of the development. REASON: In the interests of highway safety and to comply with Dudley Borough Development Strategy (2017) Policy S6 and Policy L1.
5. The development shall not be occupied in accordance with the approved development until details of the bin stores have been submitted to and approved in writing by the Local Planning Authority. The bin stores shall be provided in accordance with the approved details prior to the first use/occupation of the development and shall thereafter be retained and maintained for no other purpose for the life of the development. REASON: In the interests of highway safety and to comply with Dudley Borough Development Strategy (2017) Policy S6 and L1.
6. No above ground development shall commence until details of the types, colours and textures of the materials to be used in the hard surfacing of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in complete accordance with the approved details and retained for the lifetime of the development unless otherwise agreed in writing with the Local Planning Authority. REASON: In order to make a positive contribution to place-making and provide a high quality landscaping in accordance with Black Country Core Strategy (2011) Policies CSP4, ENV2, ENV3 and Dudley Borough Development Strategy (2017) Policy S6 and Policy L1. This detail is required as landscaping is integral to providing a high quality and sustainable development.
7. No above ground development shall begin until details of the types, sizes and locations of the boundary treatments around the site and between the proposed plots has been submitted to and approved in writing by the Local Planning Authority. The boundary treatments shall be carried out in complete accordance with the approved details prior to the occupation of the dwellings hereby approved and shall thereafter retained for the lifetime of the development unless otherwise agreed in writing with the Local Planning Authority REASON: In order to make a positive contribution to place-making and provide a high quality public realm in accordance with Black Country Core Strategy (2011) Policies CSP4, ENV2 and ENV3 and Dudley Borough Development Strategy (2017) Policy S6 and Policy L1. This detail is required prior to the commencement of above ground works as the required works may need to be incorporated into buildings on the site and as well as needing to protect the amenity of existing and proposed occupiers.
8. The materials to be used in the external appearance of the approved development shall match in appearance, colour and texture those of the existing building unless otherwise agreed in writing with the Local Planning Authority. REASON: In the interests of the visual amenities of the area and to comply with Black Country Core Strategy (2011) Policies CSP4 and ENV2 and Dudley Borough Development Strategy (2017) Policy S6 and Policy L1.
9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order (England) 2015 (or any order revoking or re-enacting that order with or without modification) no development referred to in Schedule 2, Part 1, Classes A, B, C and D of that order shall be carried out without the express grant of planning permission. REASON: In the interests of the privacy and amenity of surrounding residents in accordance with Dudley Borough Development Strategy (2017) Policy L1.
10. If the development hereby approved does not commence (or, having commenced, is suspended for more than 12 months) within 18 months from the date of the planning consent, the approved ecological measures secured through Condition 11 shall be reviewed and, where necessary, amended and updated. The review shall be informed by further ecological surveys commissioned to i) establish if there have been any changes in the presence and/or abundance of important habitats or species; and ii) identify any likely new ecological impacts that might arise from any changes. Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the local planning authority prior to the commencement of development. Works will then be carried out in accordance with the proposed new approved ecological measures and timetable. IMPORTANT: If any protected species are identified in the new surveys that were not previously known to be on site, and are likely to be harmed by the development, then a protected species licence might be required before works can commence. REASON: In line with national policies for the preserving and enhancing of the natural environment (NPPF, 2024), Policy ENV1 of the Black Country Core Strategy (2011) update surveys would be required to ensure that significant changes have not occurred to the site before the commencement of development.
11. All ecological measures and/or works shall be carried out in accordance with the details contained within section 4.3 Preliminary Ecological Appraisal (PEA) (dated February 2026) produced by Dr Stefan Bodnar for the entirety of the construction phase. Should any protected species be discovered during the construction phase then all works should cease immediately, and a Suitably Qualified Ecologist (SQE) contacted. REASON: To ensure that works would not impact on any protected species and that there would be no breach in wildlife legislation. In order to enhance, encourage and protect the nature conservation value of the site and in accordance with Black Country Core Strategy (2011) Policies ENV1, CSP3 and DEL1 and Dudley Borough Development Strategy (2017) Policy S21.
12. A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the development. The content of the LEMP shall include the following. a) Description and evaluation of features and habitats to be created and managed. b) Ecological trends and constraints on site that might influence management. c) Aims and objectives of management. d) Appropriate management options for achieving aims and objectives. e) Prescriptions for management actions for a minimum of 30 years. f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a 30-year period). g) Details of the body or organization responsible for implementation of the plan. h) Ongoing monitoring schedule and remedial measures to cover a period of 30 years. The LEMP should also include details of mitigations measures including faunal provisions to be implemented at the site such as a range of bird boxes, bat boxes and details of their location and appropriate guidance for installation and management. The LPA recommends that as a minimum the following artificial nesting/roosting boxes shall be provided: i. A total of 2 artificial box suitable for roosting bats ii. A total of 2 artificial nesting boxes suitable for house sparrow iii. A total of 2 artificial nesting boxes suitable for bird species such as swallows, house martins and swifts iv. A total of 2 artificial nesting boxes suitable for bird species such as robin, blackbird and tit species v. A total of 2 hedgehog boxes vi. A total of 2 invertebrate boxes vii. A total of 2 hedgehog passes per garden constituting a gap or raised section measuring at least 13x13cm. The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details and submitted alongside a final Biodiversity Gain Plan and final metric calculations, required through the statutory Biodiversity Gain condition (detailed through informative). NOTE To ensure that some form of covenant is in place to ensure that the management body that takes on long-term responsibility for implementation of the LEMP (management of the ecological areas) is to do so in strict accordance with the details contained therein. REASON: To ensure the provision, protection and maintenance of the site's ecology and comply with Black Country Core Strategy (2011) Policies ENV1, CSP3 and DEL1 and Dudley Borough Development Strategy (2017) Policy S21 To also ensure that on-site landscaping is appropriate managed to ensure compliance with the outlined method to achieve Biodiversity Net Gain.
13. 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 Dudley Borough Development Strategy 2017 Policy S22 (in part) and S6.
14. No development or other operations shall take place except in complete accordance with the tree protection and special construction measures identified in the Arboricultural Impact Assessment, Tree Constraints Plan and Arboricultural Method Statement prepared Dr Stefan Bodnar by dated April 2026, with measures to be implemented under Arboricultural Supervision in accordance with BS 5837:2012 Trees in relation to design, demolition and construction. - Recommendations. REASON: To ensure the continued wellbeing of the trees in the interests of the amenity of the locality having regard to the Dudley Borough Development Strategy 2017 Policy S22 (in part) and S6.
15. 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 Dudley Borough Development Strategy 2017 Policy S22 (in part) and S6. Informative 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. BNG Informative 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 considered that this planning permission will be subject to the statutory deemed Biodiversity Gain condition, (therefore requiring the submission of a Biodiversity Gain Plan for approval before development commences) as no relevant exemptions are applicable Land Ownership Informative This consent is given on the basis that all parts of the development including the guttering (foundations and fascia) are carried out on land within the ownership of the applicant. If you intend to carry out building work which involves one of the following categories: •Work on an existing wall or structure shared with another property (section 2 of the Act) •Building a free standing wall or wall of a building up to or astride the boundary wall with a neighbouring property (section 1 of the Act) •Excavating near a neighbouring building (section 6 of the Act) You must find out whether that work falls within the Party Wall Act 1996. If it does, you must notify all adjoining neighbours. Development Low Risk Area - Standing Advice 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 Mining Remediation Authority on 0345 762 6846 or if a hazard is encountered on site call the emergency line 0800 288 4242. Further information is also available on the Mining Remediation Authority website at: Mining Remediation Authority - GOV.UK Standing Advice valid from 1st January 2025 until 31st December 2026 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.
16. The proposed development would fail to provide adequate parking provision and parking layout to adequately serve the proposed development, resulting in an unacceptable impact on highway safety. The proposed development would therefore fail to comply with TR6 of the National Planning Policy Framework (2026), policy DLP14 and DLP65 of the Dudley Local Plan (2026). Informative The Local Planning Authority is aware of the requirement of Policy DM 3 of the National Planning Policy Framework 2026 to work with the applicant in a positive, proactive and creative manner, seeking solutions to problems arising in relation to dealing with the application. In this case, after careful balanced consideration the LPA/Officers considers that there are insurmountable technical issues relating to highway safety and the wider area that have not been satisfactorily resolved to demonstrate that the scheme would result in the creation of a sustainable form of development and thereby failing to improve the economic, social and environmental conditions of the area.

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