Erection of 2 no. dwelling with associated works and vehicular access

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 plans and amended plans: Location Plan Drg No. 0203-PD-002 Rev A, Site Plan Drg 0203-PD-003 Rev A & Floor Plans, Elevations & Site Plan Drg No. 0203-PD-001 Rev A. REASON: For the avoidance of doubt and in the interests of proper planning.
3. No above ground development shall commence until a schedule of the types, colours and textures of the materials to be used on the external surfaces of the buildings 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 unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of the visual amenities of the area and to comply with Dudley Local Plan policies DLP14, DLP39, DLP54 & DLP55,
4. 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, AA, B, D & E of that order shall be carried out without the express grant of planning permission. REASON: In the interests of residential amenity and highway safety in accordance with Dudley Local Plan policies DLP11, DLP14, DLP63 & DLP65 STATUTORY BIODIVERSITY NET GAIN CONDITION (PRE-COMMENCEMENT) 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 Biodiversity Gain condition, (therefore requiring the submission of a Biodiversity Gain Plan for approval before development commences) as no relevant exemptions appear to be applicable. Approval Statement 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 Policy DM3 of the National Planning Policy Framework 2026 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
5. No development shall commence (excluding demolition, site clearance and initial ground investigation works) until a detailed design and associated management and maintenance plan of surface water drainage for the site using sustainable drainage methods has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design prior to the use of the building commencing. REASON: In the interests of sustainability, reducing flood risk and run off and to comply with Dudley Local Plan policy DLP45
6. The development shall not be occupied until the access(es) into the site, together with parking and turning area(s) within the site have been laid out in accordance with the approved details. These area(s) shall thereafter be retained and not be used for any other purpose for the life of the development. REASON: In the interests of highway safety and to comply with Dudley Local Plan policy DLP14, DLP63, DLP65 and Dudley Council's adopted Parking Standards SPD (2017)
7. The development hereby permitted shall meet the water efficiency standards in accordance with the optional requirement of Part G of the Building Regulations. The proposed development shall not be occupied until evidence has been submitted to and approved in writing by the Local Planning Authority demonstrating compliance with this requirement. Reason: To ensure the efficient use of water resources and to minimise the impact of the development on water supplies within an area identified as being subject to serious water stress, in accordance with the policy DLP39 of the Dudley Local Plan (2026) policies and the findings of the Water Cycle Study.
8. No development shall commence (excluding demolition, site clearance and initial ground investigation works) until full details of how the development will incorporate the generation of energy from renewable or low carbon sources sufficient to off-set at least 10% of the estimated residual energy demand of the development on completion shall be submitted to and approved in writing by the Local Planning Authority. The approved renewable/low carbon sources shall be installed and operational in accordance with the approved details prior to first use/occupation of the development and thereafter shall be retained and maintained as such for the lifetime of the development. REASON: To ensure a high standard of sustainable design is secured in order to contribute to the mitigation of, and adaption to, climate change in accordance with Dudley Local Plan (2026) Policy DLP46.
9. No part of the development shall be occupied until the visibility splays to the new access have been provided in accordance with drawing 0203-PD-003 Rev A. No structure or vegetation exceeding 600mm in height above the adjoining highway shall be placed or allowed to grow within the visibility splay for the life of the development unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of highway safety and to comply with Dudley Local Plan policy DLP14, DLP63, DLP65 and Dudley Council's adopted Parking Standards SPD (2017)
10. The dwelling(s) shall not be occupied 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 dwelling(s) and shall thereafter be retained and maintained for no other purpose, for the life of the development. REASON: In the interests of highway safety, to promote active travel and to ensure a high standard of sustainable design to contribute to the mitigation of, and adaption to, climate change in accordance with Dudley Local Plan (2026) Policy DLP14, DLP46, DLP63, DLP65, DLP67 and Dudley Council's adopted Parking Standards SPD (2017)
11. 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, including hedgehog holes to facilitate access for hedgehogs, has been submitted to and approved in writing by the Local Planning Authority. The development 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 Dudley Local Plan policies DLP14, DLP39, DLP54, DLP55 and Dudley Council's adopted Residential Design Guide (2023)
12. The development shall not be first occupied/used 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 order to make a positive contribution to place-making and provide a high quality public realm in accordance with Dudley Local Plan policies DLP14, DLP39, DLP54, DLP55 and Dudley Council's adopted Residential Design Guide (2023).
13. 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, to contribute to the mitigation of, and adaption to, climate change and provide a high quality landscaping in accordance with Dudley Local Plan policies DLP14, DLP39, DLP40 & DLP41
14. Demolition or construction works shall not take place outside the hours of 08:00 to 17:00 hours Mondays to Fridays and 09:00 hours to 17:00 hours on Saturdays nor at any time on Sundays or Public Holidays REASON: To protect the amenities of nearby residents in accordance with Dudley Local Plan Policy DLP14 & DLP81
15. The parking area hereby approved shall be completed with a surface and sub-strata that is permeable, or provision shall be made to direct run-off water from the hard surface to a permeable area within the curtilage of the dwelling house, which shall be retained as such for the life of the development. REASON: In the interests of sustainability, reducing flood risk and to prevent uncontrolled runoff of rainwater from front gardens onto public roads/drainage in accordance with Dudley Local Plan policy DLP45, DLP63 & DLP65
16. 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 the interests of the visual amenities of the area and to comply with Dudley Local Plan policies DLP14, DLP39, DLP54 & DLP55,
17. 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 Conditions 19 & 20 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) and Policy DLP 31 Nature Conservation of the Dudley Local Plan update surveys would be required to ensure that significant changes do not occur to the site before the commencement of development.
18. No development shall take place (including further demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following. a) Risk assessment of potentially damaging construction activities. b) Identification of "biodiversity protection zones". c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). Drainage, dust and pollution control measures and sensitive lighting schemes for the duration of the construction phrase should be implemented specifically to protect retained and adjacent habitats as well as the nearby locally designated sites. Additionally, general precautionary working measures for faunal species should be detailed as recommended within the Habitats and Protected Species Report (produced by Paul Hicking Associates, dated 26th March 2026 (report reference: 2648 - PHA)). d) The location and timing of sensitive works to avoid harm to biodiversity features. e) The times during construction when specialist ecologists need to be present on site to oversee works. f) Responsible persons and lines of communication. g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. h) Use of protective fences, exclusion barriers and warning signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority. Reason: To ensure the provision, protection and maintenance of the site's ecology and comply with Dudley Local Plan Policies DLP 31 - Nature Conservation, DLP 32 Nature Recovery Network and Biodiversity Net Gain (BNG) and DLP 50 Dudley Borough's Green Infrastructure Network.
19. Prior to the first occupation of the development hereby permitted a suite of faunal enhancements shall be submitted to and approved in writing by the Local Planning Authority. The type and location of the features shall be set out and agreed and the scheme shall then be undertaken in accordance with the agreed details with evidence of their implementation provided. The following provisions shall be provided: a) A total of 1 artificial bat box suitable for roosting bat species b) A total of 1 artificial nesting box suitable for bird species such as robin, blackbird and tit species c) A total of 1 artificial nesting box suitable for house sparrow d) A total of 1 artificial nesting box suitable for bird species such as swallows, house martins and swifts e) A minimum of 2 hedgehog passes constituting a gap or raised section in boundary measuring at least 13x13cm. Reason: To ensure the provision of roosting/nesting opportunities for wildlife in accordance with the National Planning Policy Framework and to ensure the provision, protection and maintenance of the site's ecology and comply with the current Dudley Local Plan Policies DLP 31 - Nature Conservation, DLP 32 Nature Recovery Network and Biodiversity Net Gain (BNG) and DLP 50 Dudley Borough's Green Infrastructure Network. Borough's Green Infrastructure Network within the emerging Dudley Local Plan.
20. Prior to first occupation of the development hereby approved, details of the relocation of the lighting column shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the lighting column has been relocated in accordance with the approved details. REASON: In the interests of highway safety and to comply with Dudley Local Plan policy DLP14, DLP63 & DLP65
21. Work shall not begin on the construction of the development until a method statement for the control of dust and emissions arising from the construction of the development has been submitted to and approved by the local planning authority. All works which form part of the approved scheme shall be implemented throughout the construction and demolition phase of the development. REASON: To minimise the impacts to air quality associated with the development and to protect the health and well-being of residents in accordance with Dudley Local Plan policy DLP43
22. No development shall commence (excluding demolition, site clearance and initial ground works) until detailed plans and sections showing existing site levels and proposed ground floor levels of the dwellings have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be implemented in complete accordance with the approved details. REASON: In the interests of the visual amenities of the area and to safeguard the amenities of occupants of neighbouring properties and to comply with Dudley Local Plan policies DLP14, DLP39, DLP54 & DLP55,

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