Agenda item

(The Chairman agreed to the consideration of this item of business as a matter of urgency because a decision was required thereon before the next meeting of the Committee).

The Head of Planning and Environment Services reported that an application for planning permission had been received, under Plan Ref. B/2007/0539, for proposed re-profiling earthworks to allow for the future construction materials associated with the development of the Cofton Centre.  It was also stated that the application complements the outline approval at the Committee's last meeting, on 16th July 2007, for the redevelopment of the site for industrial and warehouse units within use classes B1(b) and (c), B2 and B8.

The Head of Planning and Environment Services informed the Committee that no objections to the proposals had been received from a number of consultees, namely Birmingham City Council, the British Waterways, Environment Agency, Cofton Hackett Parish Council, the Health and Safety Executive, Network Rail, Public Rights of Way, the Ramblers Association, the Strategic Planning Officer, Worcestershire County Councils Highways Partnership (Bromsgrove) and Worcestershire County Council (Waste).  In addition, he stated that additional comments had been received from the Lickey Hills Society.

RESOLVED that permission be granted subject to the following conditions and notes:-

1.         C99

2.         If, during development, contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for an amendment to the Method Statement detailing how this unsuspected contamination shall be deal with.

3.         The means of vehicular access to the development hereby approved shall be from Groveley Lane only.

4.         Before any materials are brought on to the site or any development commenced, the developer shall erect protective tree fencing in relation to retained tree specimens as illustrated by BS 5837:2005 Fig. 2, on a line concurrent with Section 5 of BS 5837:2005.  The developer shall maintain such fences to the satisfaction of the Local Planning Authority until all development, the subject of this permission, has been completed.

Notes:

Contaminated soil that is excavated, recovered or disposed of, is controlled waster.  Therefore its handing, transport, treatment and disposals is subject to waste management legislation which includes:

Duty of Care Regulations 1991

Hazardous Waste (England and Wales) Regulations 2005

Waste Management Licensing Regulations 1994 (as amended)

Pollution Prevention and Control Regulations (England and Wales) 2000

Landfill (England and Wales) Regulations 2002

Only clean, uncontaminated rock, subsoil, brick, rubble and crushed concrete should be used as fill material on site.

The applicant should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed off site operations is clear.  If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid delays.

The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

This decision has been taken having regard to the policies within the West Midlands Spatial Strategy (WMSS) June 2004, the Worcestershire County Structure Plan (WCSP) June 2001 and the Bromsgrove District Local Plan (BDLP) January 2004 and other material considerations as summarised below:

It is the Council's view that the proposed development complies with the provisions of the development plan and that, on balance, there are no justifiable reasons to refuse planning permission.