Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2016/0001
Site Address: former Ruscon Works Rotherham Road Parkgate 9999
Description: Application to vary Condition 01(approved plans) imposed by RB2015/0616 (Application to vary conditions 02 (approved plans), 05 (boundary treatment), 06 (knee rail), 10 (site construction), 11 (car parking area) & 25 (landscaping) imposed by RB2014/0150 (Demolition of existing buildings and erection of 1 No. B2 unit and 9 No. B8 units with ancillary trade counters (use class sui generis))
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 01 March 2016
Decision Date: 08 March 2016
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Delegated (Part 2B)
Conditions / Reason for Refusal: 01 The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below) • Proposed Site Layout Phase 1 -Drawing number 11655-070 Rev D • Proposed Elevations Phase 1 – Drawing number 11655-071 • Proposed Site Layout Phase 2 -Drawing number 11655-072 Rev D • Proposed Elevations Phase 2 – Drawing Number 11655-073 Rev A • Proposed Floor Plans – Drawing Number - 11655-074 Rev A • Proposed Roof Layout – Drawing number 11655-075 • GA Sections – Drawing Number 11655-076 • Planting Plan Phase 1 – Drawing number 459-101 Rev B • Planting Plan Phase 2 – Drawing number 459-102 Rev B Reason To define the permission and for the avoidance of doubt. 02 The floor area for trade counter use shall not exceed 20% of the internal floor area of the building(s) hereby approved. Reason For the avoidance of doubt and to ensure that the development is compliant with policies within the NPPF. 03 Prior to the commencement of construction works of the building hereby approved samples or details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details. Reason To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design. 04 Prior to the commencement of construction works of the building hereby approved details shall be submitted to and approved in writing by the Local Planning Authority indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment for each phase of development shall be completed prior to that phase of development being brought into use. Reason In the interests of the visual amenity of the area and in accordance with Core Strategy Policy CS28 Sustainable Design. 05 No part of the land other than that occupied by buildings shall be used for the storage of goods, components, parts, waste materials or equipment without the prior written approval of the Local Planning Authority. Reason To prevent the land from becoming unsightly in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design. 06 Prior to the commencement of the cycle stores or the bin stores, details of the stores shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented on site. Reason In the interests of the visual amenity of the area and in accordance with Core Strategy Policy CS28 Sustainable Design. 07 Before the development is brought into use the sight lines indicated on the approved plan shall be rendered effective by removing or reducing the height of anything existing on the land between the sight line and the highway which obstructs visibility at any height greater than 900mm above the level of the nearside channel of the adjacent carriageway and the visibility thus provided shall be maintained. Reason To provide and maintain adequate visibility in the interests of road safety. 08 Before each phase of the development is brought into use, that part of the site to be used by vehicles in that phase of development shall be constructed with either; a/ a permeable surface and associated water retention/collection drainage, or; b/ an impermeable surface with water collected and taken to a separately constructed water retention/discharge system within the site. The area shall thereafter be maintained in a working condition. Reason To ensure that surface water can adequately be drained and to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety. 09 Before each phase of development is brought into use the car parking area for that phase shown on the approved plan shall be provided, marked out and thereafter maintained for car parking. Reason To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety. 10 Before the proposed development is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a programme of implementation, monitoring, validation and regular review and improvement. The Local Planning Authority shall be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as time tabled in the monitoring programme. For further information please contact the Transportation Unit (01709) 822186. Reason In order to promote sustainable transport choices. 11 Prior to the commencement of construction works of the building hereby approved details of the proposed access works in A633 Rotherham Road, indicated in draft form on plan reference 11/311/TR/002/RevA have been submitted to and approved by the LPA and the development shall not be brought into use until the approved details have been implemented. Reason In the interests of road safety. 12 Prior to the commencement of construction works of the building hereby approved, details of a bus shelter in Rotherham Road fronting the application site and associated works to QBC standards shall be submitted to and approved by the Council and the approved details shall be implemented prior to the development being brought into use. Reason In order to promote sustainable transport choices. 13 The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) March 2014/2031/FR/RevC/BJB Consulting and surface water drainage assessment by Eastwood & Partners dated March14 and the following mitigation measures detailed within these documents: 1. Limiting the surface water run-off generated by the development so that it will reduce the run-off from the undeveloped site and decreases the risk of flooding off-site. A minimum of a 30% reduction in peak discharge must be achieved. 2. Finished floor levels are set no lower than 25.00m above Ordnance Datum (AOD). The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. Reason To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site, and to reduce the risk of flooding to the proposed development and future occupants. 14 Surface water draining from areas of hardstanding shall be passed through an oil interceptor or series of oil interceptors, prior to being discharged into any watercourse, soakaway or surface water sewer. The interceptor(s) shall be designed and constructed to have a capacity compatible with the area being drained, shall be installed prior to the occupation of the development and shall thereafter be retained and maintained throughout the lifetime of the development. Clean roof water shall not pass through the interceptor(s). Reason To reduce the risk of pollution to the water environment. 15 All downpipes carrying rain water from areas of roof shall be sealed at ground-level prior to the occupation of the development. The sealed construction shall thereafter be retained throughout the lifetime of the development. Reason To prevent the contamination of clean surface water run-off. 16 Inspection manholes shall be provided on all foul and surface water drainage runs such that discharges from individual units can be inspected/sampled if necessary. All manhole covers shall be marked to enable easy recognition. Foul will be marked in red. Surface water will be marked in blue. Direction of flow will also denoted. Where more than one discharge point is proposed, manholes will also be numbered accordingly to correspond with their respective discharge point. Reason To allow pollution incidents to be more readily traced. 17 There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways. Reason To prevent pollution of the water environment in accordance with UDP Policies ENV3.2 Minimising the Impact of Development and ENV3.7 Control of the Environment. 18 The site must be drained by a separate system of foul and surface water drainage, with all clean roof and surface water being kept separate from foul water. Reason To prevent pollution of the water environment in accordance with UDP Policies ENV3.2 Minimising the Impact of Development and ENV3.7 Control of the Environment. 19 Prior to the commencement of any works on site, a settlement facility for the removal of suspended solids from surface water run-off during construction works shall be provided in accordance with details previously submitted to and approved in writing by the LPA. The approved scheme shall be retained throughout the construction period. Reason To prevent pollution of the water environment in accordance with UDP Policies ENV3.2 Minimising the Impact of Development and ENV3.7 Control of the Environment. 20 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. Reason To prevent pollution of the water environment in accordance with UDP Policies ENV3.2 Minimising the Impact of Development and ENV3.7 Control of the Environment. 21 Prior to the commencement of construction works of the building hereby approved details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, shall have been submitted to and approved by the Local Planning Authority in writing. The development shall thereafter be carried out in accordance with the approved details. Reason To ensure that the development can be properly drained in accordance with UDP policies ENV3.2 ‘Minimising the Impact of Development’ and ENV3.7 ‘Control of Pollution’. 22 Unless otherwise approved in writing by the Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. Reason To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal in accordance with UDP Policies ENV3.2 Minimising the Impact of Development and ENV3.7 Control of the Environment 23 Landscaping of the site as shown on the approved plans (Landscape General Arrangement drawing no. 459-101 Rev A and 459-102 Rev A or latest revision) shall be carried out for each phase of development in line with the approved plan during the first available planting season after commencement of development for each phase of the development. Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year. Reason To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity and in accordance with UDP Policies ENV3 ‘Borough Landscape’, ENV3.2 ‘Minimising the Impact of Development’ and ENV3.4 ‘Trees, Woodlands and Hedgerows’ and Core Strategy Policy SC21 ‘Landscapes’. 24 No tree shall be cut down, uprooted or destroyed nor shall any tree be pruned other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any pruning works approved shall be carried out in accordance with British Standard 3998 (Tree Work). If any tree is removed, uprooted or destroyed or dies, another tree shall be planted in the immediate area and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. Reason In the interests of the visual amenities of the area and in accordance with UDP Policies ENV3 ‘Borough Landscape’, ENV3.2 ‘Minimising the Impact of Development’ and ENV3.4 ‘Trees, Woodlands and Hedgerows’ and Core Strategy Policy SC21 ‘Landscapes’. 25 No work or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837: Trees in Relation to Design, Demolition and Construction and positioned in accordance with details to be submitted to and approved by the Local Planning Authority. The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas. Reason In the interests of the visual amenities of the area and in accordance with UDP Policies ENV3 ‘Borough Landscape’, ENV3.2 ‘Minimising the Impact of Development’ and ENV3.4 ‘Trees, Woodlands and Hedgerows’ and Core Strategy Policy SC21 ‘Landscapes’. 26 The approved development shall be implemented in accordance with the approved details and recommendations within the submitted Arboricultural Method Statement by AWA Tree Consultants dated, June 2014 and, prior to the commencement of any development, further details will be submitted to the LPA for consideration and approval of the arrangements made to supervise any works around the trees and within their RPA’s by a suitably qualified and experience Arboriculturist. Reason To ensure the tree works are carried out in a manner which will maintain the health and appearance of the trees in the interests of the visual amenities of the area and in accordance with UDP Policies ENV3 ‘Borough Landscape’, ENV3.2 ‘Minimising the Impact of Development’ and ENV3.4 ‘Trees, Woodlands and Hedgerows’ and Core Strategy Policy SC21 ‘Landscapes’. 27 Prior to the commencement of development details of further exploratory investigations to be undertaken across the site to fully characterise the presence of contamination, include testing for asbestos containing materials shall be submitted to and approved in writing by the Local Planning Authority. The report shall show the findings, results and subsequent risk assessment and shall be undertaken in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and Contaminated Land Science Reports (SR2 -4). The approved details shall be implemented in accordance with the recommendations within the report. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 28 Prior to the commencement of any remediation works on site, and subject to the results in the report in condition 27, a Remediation Method Statement shall be submitted to and approved in writing by the Local Authority. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters. The approved Remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The Local Authority must be given two weeks written notification of commencement of the remediation scheme works. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 29 In all areas where made ground exists and elevated levels of contamination have been identified, a capping layer of 600mm of subsoil/topsoil will be required for all soft landscaping areas. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 30 If subsoil’s / topsoil’s are required to be imported to site for remedial works, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination. If materials are imported to site then the results of testing thereafter shall be presented to the Local Authority in the format of a Validation Report. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 31 Subject to the findings of the report in condition 30, gas protection measures may need to be provided in the new building. If necessary details of the gas protection membranes to be used shall be submitted to and approved in writing to the Local Planning Authority prior to the commencement of construction works of the building hereby approved. The approved gas protection measures shall be incorporated into the development. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 32 In the event that during development works unexpected significant contamination is encountered at any stage of the process, the local planning authority shall be notified in writing immediately. Any requirements for remedial works shall be submitted to and approved in writing by the Local Authority. Works thereafter shall be carried out in accordance with an approved Method Statement. This is to ensure the development will be suitable for use and that identified contamination will not present significant risks to human health or the environment. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 33 Subject to the findings of the report in condition 27, prior to the commencement of construction works of the building hereby approved details of the design sulphate classification and the corresponding aggressive chemical environment to be used in all made ground areas of the site shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented on site. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 34 Following completion of any required remedial/ground preparation works (including gas protection membranes) a Verification Report should be forwarded to the Local Authority for review and comment. The Verification report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the verification report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all verification data has been approved by the Local Authority. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. Informative(s) Environment Agency Informative: For further information and advice about pollution prevention please refer to the Environment Agency's website to access Pollution Prevention Guidance Notes (http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx) and advice on how to get your site design right (http://www.environment-agency.gov.uk/static/documents/Business/pp_pays_booklet_e_1212832.pdf). You may also wish to contact our National Customer Contact Centre on tel. 08708 506 506 for site-specific advice on pollution prevention. We recommend that developers should: 1) Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination. 2) Refer to the Environment Agency Guiding Principles for Land Contamination for the type of information that we require in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, such as human health. 3) Refer to our guiding principles on groundwater protection are set out in our document GP3 - Groundwater Protection Policy and Practice, which is intended to be used by anyone interested in groundwater and particularly those proposing an activity which may impact groundwater. GP3 is available on our website at: http://www.environment-agency.gov.uk/research/library/publications/40741.aspx 4) Refer to our website at www.environment-agency.gov.uk for more information. POSITIVE AND PROACTIVE STATEMENT The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.

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