Change of use from a disused rooftop car park and construction of additional storey to create four one-bedroom flats and ancillary accommodation including new access stairwell from first to second floor. Increase height of existing extraction flue.

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: Site Location Plan Drg No.2500/D01, Ground & First Floor Plans As Existing & Proposed Drg No. 2500/D04, Second Floor Plan & Elevations As Proposed Drg No. 2500/D03 Rev A, Roof Plan As Proposed Drg No. 2500/D05 Rev A & Second Floor Plan & Elevations As Existing Drg No. 2500/D02. REASON: For the avoidance of doubt and in the interests of proper planning.
3. Prior to commencement of development a schedule of the types, colours and textures of all materials (including rooflights) to be used on the external surfaces 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 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 BCCS Policies CSP4 - Place-Making and ENV2 - Historic Character and Local Distinctiveness, Borough Development Strategy 2017 Policy S6 Urban Design, Policy S8 Local Character and Distinctiveness, Policy S9 Conservation Areas, Policy L1 Housing Development, extensions and alterations to existing dwellings and the emerging Dudley Local Plan policies DLP4 Achieving Well Designed Places, DLP14 Housing Development, Extensions and Alterations to Existing Dwellings, DLP39 Design Quality, DLP55 Historic Character and Local Distinctiveness of Dudley and DLP56 Conservation Areas
4. The flue hereby approved shall have a matt black powder coated finish which shall be retained for the lifetime of the development 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 BCCS Policies CSP4 - Place-Making and ENV2 - Historic Character and Local Distinctiveness, Borough Development Strategy 2017 Policy S6 Urban Design, Policy S8 Local Character and Distinctiveness, Policy S9 Conservation Areas, Policy L1 Housing Development, extensions and alterations to existing dwellings and the emerging Dudley Local Plan policies DLP4 Achieving Well Designed Places, DLP14 Housing Development, Extensions and Alterations to Existing Dwellings, DLP39 Design Quality, DLP55 Historic Character and Local Distinctiveness of Dudley and DLP56 Conservation Areas
5. The rating level of sound emitted from any fixed plant and/or machinery associated with the development shall not exceed background sound levels by more than 5dB(A) between the hours of 0700-2300 (taken as a 15 minute LA90 at the nearest sound sensitive premises) and shall not exceed the background sound level between 2300-0700 (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 future residents in accordance with Paragraph 198 of the NPPF and policies D2 and D5 of the Dudley Borough Development Strategy, and policies DLP84 and 87 contained within the emerging Dudley Local Plan. 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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