Refurbishment and reconfiguration of existing restaurant with drive-thru including two small extensions, external alterations including new cladding and glazing, revised roof profile, new entrance tower and canopies, rationalisation of existing drive-thru to a single lane, reconfiguration of car park layout, installation of a remote bin store, totem and associated engineering, servicing and site works. Change of use to restaurant with hot food takeaway sales (Sui Generis).
TIM HORTONS DRIVE THRU, STATION DRIVE, MERRY HILL, BRIERLEY HILL, DY5 1SY
Decision madeReference: P26/0170Dudley Metropolitan Borough Council
Last published check: 3 Oct 2026, 18:37. Check the council record for more recent changes.
Application location
TIM HORTONS DRIVE THRU, STATION DRIVE, MERRY HILL, BRIERLEY HILL, DY5 1SY
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Application summary
Status
Decision made
Application type
Full Planning Permission
Received
13 Feb 2026
Validated
Not published
Determination deadline
10 Apr 2026
Local authority
Dudley Metropolitan Borough Council
Application overview
Refurbishment and reconfiguration of existing restaurant with drive-thru including two small extensions, external alterations including new cladding and glazing, revised roof profile, new entrance tower and canopies, rationalisation of existing drive-thru to a single lane, reconfiguration of car park layout, installation of a remote bin store, totem and associated engineering, servicing and site works. Change of use to restaurant with hot food takeaway sales (Sui Generis).
Proposal details
Reference
P26/0170
Alternative references
PP-14583266
Development type
Extension / Alteration
Ward
Brierley Hill & Wordsley South
Agent
Arnell
UPRN
90164200
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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.
The development hereby permitted shall be carried out in accordance with the following approved plans: 14548-AEW-SI-00-DR-A-2001 - Location Plan Rev P03; 14548-AEW-SI-00-DR-A-2002 - Block Plan Rev P06; 14548-AEW-SI-00-DR-A-2003 - Existing Site and Demolition Plan Rev P07; 14548-AEW-SI-00-DR-A-2004 - Proposed Site Plan Rev P09; 14548-AEW-SI-00-DR-A-2006 - Existing Floor Plan Rev P03; 14548-AEW-SI-00-DR-A-2007 - Proposed Floor Plan Rev P04; 14548-AEW-SI-00-DR-A-2008 - Existing Elevations Rev P03; 14548-AEW-SI-00-DR-A-2009 - Proposed Elevations Rev P07; 14548-AEW-SI-00-DR-A-2010 - Existing Roof Plan – Rev P03; 14548-AEW-SI-00-DR-A-2011 - Proposed Roof Plan – Rev P06 and 14548-AEW-SI-00-DR-A-2012 - Proposed Bin Store – Rev P06 REASON: For the avoidance of doubt and in the interests of proper planning.
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 Policies CSP4 - Place-Making and ENV2 - Historic Character and Local Distinctiveness and Borough Development Strategy 2017 Policy S6 Urban Design and Policy L1 Housing Development, extensions and alterations to existing dwellings Policy D2 Incompatible Land Uses (in part).
The development shall not occupied until a Delivery Management Plan for the management and operation of the delivery process carried out has been submitted to and approved in writing by the Local Planning Authority. The proposals in the approved Delivery Management Plan shall be fully implemented at first use or occupation and maintained throughout the life of the development unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interest of Highway Safety and comply with Black Country Core Strategy Policies CSP5, DEL1, TRAN2, CEN8 and TRAN5.
Prior to the commencement of development, a landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the Local Planning Authority. 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 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 1 artificial nesting boxes suitable for house sparrow iii. A total of 1 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 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. 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 BCCS Policies ENV1 - Nature Conservation, CSP3 Environmental Infrastructure and DEL1 - Infrastructure Provision and Borough Development Strategy 2017 Policy S21 Nature Conservation Enhancement, Mitigation and Compensation. To also ensure that on-site landscaping is appropriate managed to ensure compliance with the outlined method to achieve Biodiversity Net Gain. 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 paragraph 39 of the National Planning Policy Framework 2024. Coal Mining Area Informative - Development Low Risk Area 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. Informative: Biodiversity Net Gain Requirements 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.
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