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 of the Town & Country Planning Act 1990, as amended by Section 51 of the Planning & Compulsory Purchase Act 2004. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 01; 02; 03; 04 REASON: For the avoidance of doubt and in the interests of proper planning. 3) The materials to be used in the approved development shall match in appearance, colour and texture those of the existing building. REASON: To ensure the satisfactory appearance of the development in accordance with BCCS Policy 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) 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. 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. Biodiversity Net Gain Requirements Informative 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: • Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A “householder application” means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building. 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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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.