Change of use of existing training facility (Use Class F1) to General Industrial Use (Use Class B2).

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: Site Location Plan Drg No. 101, Existing Layouts Drg No. 102 & Existing & Proposed Block Plans Drg No. 104 Rev B. REASON: For the avoidance of doubt and in the interests of proper planning.
3. The premises hereby approved shall not be operated before 0700 hours or after 1700 Monday to Sunday and Public Holidays. REASON: to protect the amenities of the surrounding residents in accordance with Borough Development Strategy 2017 Policy D5 Noise Pollution and Policy L1 Housing Development, extensions and alterations to existing dwellings Policy D2 Incompatible Land Uses (in part).
4. No deliveries or despatches shall be made to or from the site, and no delivery or despatch vehicles shall enter or leave the site (whether laden or unladen), before the hours of 0800 nor after 1700 Monday to Saturday, or before the hours of 0900 nor after 1800 Sundays and Public Holidays. REASON: To protect the amenities of nearby residents in accordance with Borough Development Strategy 2017 Policy D5 Noise Pollution, Policy L1 Housing Development, extensions and alterations to existing dwellings and Policy D2 Incompatible Land Uses (in part).
5. The rating level of sound emitted from any fixed plant and/or machinery associated with the development and industrial activities at the use hereby approved shall not exceed background sound levels by more than 5dB(A) between the hours of 0700-1700 (taken as a 15 minute LA90 at the nearest sound sensitive premises) and shall not exceed the background sound level between 1700-0700 (taken as a 15 minute LA90 at the nearest /any sound sensitive premises). All measurements shall be made in accordance with the methodology of BS4142 (2014) (Methods for rating and assessing industrial and commercial sound) and/or its subsequent amendments. Where access to the nearest sound sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound sensitive property. Any deviations from the LA90 time interval stipulated above shall be agreed in writing with the local planning authority. REASON: to protect the amenities of the surrounding residents in accordance with Borough Development Strategy 2017 Policy D5 Noise Pollution and Policy L1 Housing Development, extensions and alterations to existing dwellings Policy D2 Incompatible Land Uses (in part).
6. The development shall not be occupied/used until details of secure and covered staff cycle storage have been 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 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 Borough Development Strategy 2017 Policy S6 Urban Design, Policy L1 Housing Development, extensions and alterations to existing dwellings Policy D2 Incompatible Land Uses (in part) and policies CSP5, DEL1, TRAN2, CEN8 and TRAN5. 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) 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/s apply/ies: 4.2 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). 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.

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