Proposed two storey offices with new vehicular access (following demolition of existing offices)

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: 1:1250 Scale Location Plan, Existing Trees and Proposed Landscaping Drg No. 1B, Existing Site Plan Drg No. 1404-00 Rev A, Proposed Site Plan Drg no. 1404-01 Rev C, Proposed Floor Plans & Elevations Drg No. 1404-02 Rev A, Topographical Survey 2d Drg No. QU-0118 Rev 01 and Parking Plan, REASON: For the avoidance of doubt and in the interests of proper planning.
3. No development (excluding the demolition of the existing building) shall commence until; a) a scheme of intrusive site investigations has been carried out on site to establish the risks posed to the development by past coal mining activity, and; b) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. REASON: To ensure the safety and stability of the development in accordance with paragraphs 183 and 184 of the National Planning Policy Framework and Policy DLP80 of the Dudley Local Plan.
4. Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. REASON: To ensure the safety and stability of the development in accordance with paragraphs 183 and 184 of the National Planning Policy Framework and Policy DLP80 of the Dudley Local Plan.
5. No development shall commence until an assessment of the risks posed by any contamination has been submitted to and approved in writing by the Local Planning Authority. Such an assessment shall be carried out in accordance with authoritative UK guidance. REASON: These details are required prior to the commencement of development to ensure that the risks associated with any contamination are reduced to acceptable levels and that the health and wellbeing of future occupiers are protected and to ensure that the development complies with Borough Development Strategy 2017 Policy D3 Contaminated Land and the NPPF.
6. Where the approved risk assessment (required by condition 5 above) identifies contamination posing unacceptable risks, no development shall commence until a detailed remediation scheme to protect the development from the effects of such contamination has been submitted to and approved in writing by the Local Planning Authority. A validation and verification plan must be formulated, form part of the remediation scheme and be approved by the Local Planning Authority. Following approval, such remediation scheme shall be implemented on site in complete accordance with approved details unless otherwise agreed in writing by the Local Planning Authority. REASON: These details are required prior to the commencement of development to ensure that the risks associated with any contamination are reduced to acceptable levels and that the health and wellbeing of future occupiers are protected and to ensure that the development complies with Borough Development Strategy 2017 Policy D3 Contaminated Land and the NPPF.
7. Following implementation and completion of the approved remediation scheme (required by condition 6 above) and prior to the first occupation of the development, a verification report shall be submitted to and approved in writing by the Local Planning Authority to confirm completion of the remediation scheme in accordance with approved details. REASON: To ensure that the risks associated with any contamination have been reduced to acceptable levels and that the health and wellbeing of future occupiers are protected and to ensure that the development complies with Borough Development Strategy 2017 Policy D3 Contaminated Land and the NPPF.
8. No development shall commence until an assessment of the risks posed by any ground gases or vapours has been submitted to and approved in writing by the Local Planning Authority. This should include mine gas. Such an assessment shall be carried out in accordance with authoritative UK guidance. REASON: These details are required prior to the commencement of development to ensure that the risks associated with any ground gases or vapours are reduced to acceptable levels and that the health and wellbeing of future occupiers are protected and to ensure that the development complies with Borough Development Strategy 2017 Policy D3 Contaminated Land and the NPPF.
9. Where the approved risk assessment (required by condition 8 above) identifies ground gases or vapours posing unacceptable risks, no development shall commence until a detailed remediation scheme to protect the development from the effects of such ground gases or vapours has been submitted to and approved in writing by the Local Planning Authority. A validation and verification plan must be formulated, form part of the remediation scheme and be approved by the Local Planning Authority. Following approval, such remediation scheme shall be implemented on site in complete accordance with approved details unless otherwise agreed in writing by the Local Planning Authority. REASON: These details are required prior to the commencement of development to ensure that the risks associated with any ground gases or vapours are reduced to acceptable levels and that the health and wellbeing of future occupiers are protected and to ensure that the development complies with Borough Development Strategy 2017 Policy D3 Contaminated Land and the NPPF.
10. Following implementation and completion of the approved remediation scheme and the associated approved validation and verification plan (required by condition 9 above) and prior to the first occupation of the development, a verification report shall be submitted to and approved in writing by the Local Planning Authority to confirm completion of the remediation scheme in accordance with approved details. REASON: To ensure that the risks associated with any ground gases or vapours have been reduced to acceptable levels and that the health and wellbeing of future occupiers are protected and to ensure that the development complies with Borough Development Strategy 2017 Policy D3 Contaminated Land and the NPPF.
11. 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 policies DLP19 and DLP39 of the Dudley Local Plan
12. No development shall commence (excluding demolition, site clearance and initial ground investigation works) until details of surface water drainage works have been submitted to and approved in writing by the Local Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system, with the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: -Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; -Include a timetable for its implementation; and -Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout the lifetime of the development. None of the development shall be occupied until surface water drainage works have been implemented in accordance with the approved details. REASON: In the interests of sustainability, reducing flood risk and run off and to comply with the NPPF, Planning Practice Guidance and policy DLP45 of the Dudley Local Plan
13. 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 policy DLP65 of the Dudley Local Plan and Dudley Council's Parking Standards SPD (2017)
14. No part of the development shall be occupied until the visibility splays to the new access have been provided at the junction between the proposed means of access and the highway in accordance with drawing 1404-01 Rev C. 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 policy DLP65 of the Dudley Local Plan and Dudley Council's Parking Standards SPD (2017)
15. 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 policies DLP65 & DLP43 of the Dudley Local Plan and Dudley Council's Parking Standards SPD (2017)
16. The development shall 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 the interests of highway safety and to comply with policies DLP65 & DLP39 of the Dudley Local Plan and Dudley Council's Parking Standards SPD (2017)
17. Prior to commencement of development (excluding demolition, site clearance and ground works) details of a scheme to incorporate the generation of energy from renewable or low carbon sources sufficient to off-set at least 10% of the estimated residual energy demands of the development on completion shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details prior to occupation of the development and retained as operational thereafter. REASON: To secure a high standard of sustainable design to reduce carbon emissions in accordance with DLP46 of the Dudley Local Plan.
18. 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 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.
19. 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 retained and adjacent locally designated sites. Additionally, general precautionary working measures for faunal species should be detailed as recommended within the Preliminary Ecological Appraisal (PEA) (dated 25th June 2026) and the Preliminary Roost Appraisal report (dated 16th July 2026), completed by The BNG Guy. 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.
20. A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the development. 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 schedule 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 1 artificial box suitable for roosting bats ii. A total of 1 artificial nesting boxes suitable for bird species such as swallows, house martins and swifts iii. A total of 1 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 and submitted alongside a final Biodiversity Gain Plan, required through the statutory Biodiversity Gain condition (detailed through informative). 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 Policy DLP 31 Nature Conservation, Policy DLP32 Nature Recovery Network and Biodiversity Net Gain (BNG) and ) and DLP 50 Dudley Borough's Green Infrastructure Network of the Dudley Local Plan. To also ensure that on-site landscaping is appropriate managed to ensure compliance with the outlined method to achieve Biodiversity Net Gain.
21. The office building hereby permitted shall not be occupied at any time other than for purposes ancillary to the industrial use of the site known as DANEWAYS LTD, Peartree Lane, Netherton, Dudley, DY2 0UX and shall not be sold or let separately from the main industrial use without the express grant of planning permission. REASON: In order to safeguard the employment use of the site in accordance with policy DLP19 of the 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) STATUTORY BIODIVERSITY REQUIREMENTS - REQUIRED PRIOR TO 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. Coal Authority Informative Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Mining Remediation Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure a suitable engineering design which takes account of all relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining Remediation Authority Policy in relation to new development and mine entries available at: Building on or within the influencing distance of mine entries - GOV.UK Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority's website at:www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property What is a permit and how to get one? - GOV.UK (www.gov.uk) In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities. If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required. Further information regarding Incidental Coal Agreements can be found here - https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-applicants-for-incidental-coal-agreements

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