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.
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 hereby permitted shall be carried out in accordance with the following approved plans: Drg No. 2530/PL001 Rev B & 2530/PL002 REASON: For the avoidance of doubt and in the interests of proper planning.
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 6 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 update surveys would be required to ensure that significant changes have not occurred to the site before the commencement of development.
All ecological measures and/or works shall be carried out in accordance with the sensitive working practices and details contained in the Preliminary Ecological Appraisal (PEA) (produced by Dave Fulton) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination. Should any protected species be found at any time then works should cease immediately and a suitability qualified ecologist be contacted for further advice. 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 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
Prior to the first occupation of the buildings hereby permitted a suite of artificial nesting and/or roosting boxes shall be installed at the in line with the recommendations made on the Landscape and Drainage Plan (drawing no: 2530/PL002) by Eclipse Architecture. The following artificial nesting/roosting boxes shall be provided: a) A total of 1 woodcrete bat boxes suitable for roosting bat species b) A total of 2 woodcrete artificial nesting boxes suitable for bird species such as robin, blackbird and tit species c) A total of 2 woodcrete artificial nesting boxes suitable for house sparrow d) A total of 1 woodcrete artificial nesting boxes suitable for bird species such as swallows, house martins and swifts e) A total of 2 hedgehog boxes f) A minimum of 3 hedgehog passes constituting a gap or raised section measuring at least 13x13cm. Reason: To ensure the provision of roosting/nesting opportunities for wildlife in accordance with the National Planning Policy Framework.
The development hereby permitted shall be carried out in full accordance with the approved Self-Build Compliance Statement, completed by Eclipse Architecture (dated 4th June 2026), which demonstrates that the residential unit meet the definitions of self-build and custom housebuilding as set out in the Self-build and Custom Housebuilding Act 2015 (as amended). Reason: To ensure the development complies with the definition of self-build and custom housebuilding, so that the appropriate exemption from Biodiversity Net Gain requirements is correctly applied, and to support delivery of the borough’s self-build objectives, in accordance with national policy.
Prior to first occupation the Council shall be notified in writing of the persons who intend to take occupation of each unit in the development hereby permitted. The first occupation of each unit in the development hereby permitted shall be by a person or persons who had a primary input into the design and layout of the unit and they should live in the unit for at least 3 years. Reason: To ensure the development complies with the self-build and custom housebuilding definition, ensure the appropriate exemption for Biodiversity Net Gain has been applied and help meet the boroughs self-build requirement, in accordance with National Policy. Positive & Proactive Informative In dealing with this application the Local Planning Authority have worked with the applicant in a positive and proactive 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) NOTE FOR APPLICANT This planning permission does not grant consent for the diversion of the culvert, the appliant is advised to ensure that all necessary consents are gained prior to commencement of works. 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 Biodiversity Net Gain 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: 4.1 Self and Custom Build Development, meaning development which: i) consists of no more than 9 dwellings; ii) is carried out on a site which has an area no larger than 0.5 hectares; and iii) consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015). As BNG is fully assessed after approval, the circumstances and/or information within the planning proposal provided may change. Therefore, to avoid enforcement action, you must evaluate if the condition is required and proceed accordingly (i.e. submitting a Biodiversity Gain Plan (if one is required) for approval), prior to beginning works onsite. Nesting Birds The active nests of all wild birds are protected under the Wildlife and Countryside Act 1981 (as amended). An active nest is one that is being built, containing eggs or chicks, or on which fledged chicks are still dependent. It is a criminal offence to kill, injure or take any wild bird; to take, damage or destroy an active nest; and to take or destroy and egg. There is a maximum fine of £5,000 per bird, nest or egg impacted and/or up to six months imprisonment for such offences. All vegetation clearance, tree removal, scrub removal and/or conversion, renovation and demolition work in buildings should be carried out outside of the bird nesting season which runs from March to September inclusive. If it is necessary for work to commence in the nesting season then a pre-commencement inspection of the vegetation and buildings for active bird nests should be carried out. If vegetation or buildings cannot be clearly seen to be clear of nests then an experienced ecologist should be called in to carry out the check. Only if there are no active nests present should work be allowed to commence. Hedgehogs Hedgehog is protected from harm under Schedule 6 of the Wildlife & Countryside Act 1981 and is a species of principal importance under Section 41 of the Natural Environment & Rural Communities Act (2006). Hedgehog nests may be found in scrub, piles of cut material, hedgerows and other vegetation and are particularly sensitive between May and October when they have dependent young and during the winter when they hibernate. Vegetation, including piles of cut material, should be removed carefully by hand ideally between 1st October and 1st November. Trenches & Pipework Where possible, trenches should be excavated and closed in the same day to prevent any wildlife becoming trapped. If it is necessary to leave a trench open overnight then it should be sealed with a closefitting plywood cover or a means of escape should be provided in the form of a shallow sloping earth ramp, sloped board or plank. Any open pipework should be capped overnight. All open trenches and pipework should be inspected at the start of each working day to ensure no animal is trapped. Storage of Materials The storage of all building materials, rubble, bricks and soil must either be on pallets or in skips or other suitable containers to prevent their use as refuges by wildlife. Lighting To protect biodiversity interests, the applicant is advised that any external lighting must be designed and installed in accordance with ecologically sensitive lighting principles. Lighting should follow recognised guidance (including ILP GN08/23) and must: • Use shielded, downward directed luminaires to prevent light spill onto habitats such as hedgerows, treelines, and watercourses. • Maintain light levels of no more than 1 lux at sensitive habitat boundaries. • Use warm white or amber lighting ($5 2700 K) and the lowest practicable intensity. • Employ timers, PIR sensors, and dimmers to avoid unnecessary night time illumination. • Ensure dark corridors and wildlife connectivity features remain unlit. 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.
Understand planning application documents, officer reports and decision notices. Use a reading checklist, document table and worked example to inspect a case.
Understand pending consideration, approved, refused and withdrawn planning applications. Compare status labels and find the documents explaining each outcome.
Read planning drawings, floor plans, elevations and sections. Use labelled diagrams, a drawing comparison table and revision checks to understand a proposal.