| Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing planning conditions that require particular matters to be approved before development can start. Conditions numbered 04, 06, 14, 15, 16, and 19 of this permission require matters to be approved before development works begin; however, in this instance the conditions are justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition numbers 04, 06, 14, 15, 16, and 19 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
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)
Drawing numbers:
Elevations – RHE BBA 03001-D5-P11
External visualisation 01, 02, 05
Site plans – RHE BBA 01002 D5-P8
General Landscaping arrangement 512-T-001 F
(received 06 June 2017)
The following plans were previously approved and are unchanged:
Floor plans – ground floor RHE BBA 02001, first floor 02002, second floor 02003, roof plan 02004
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing no (Proposed Elevational Materials RHE BBA 03002 D5 P8). The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design.
Highways
04
The development shall not be commenced until details of the pedestrian crossing measures at Doncaster Road and Percy Street, indicated in draft form on the attached plan, have been submitted to and approved by the Local Planning Authority and the approved measures shall be implemented before the development is brought into use.
Reason
In the interests of highway safety and to assist pedestrians crossing the highways.
05
Before the development is brought into use the car parking area 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.
06
Prior to the commencement of development, a Construction Traffic Management Plan shall be submitted to and approved by the Local Planning Authority and the approved details, which shall include on site staff parking, measures to prevent/deal with mud in the highway etc, shall be implemented throughout the duration of demolition/construction works.
Reason
In the interests of highway safety and management as well as the general amenity to the surrounding areas.
07
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.
General
08
The external lighting details shall be carried out in accordance with the approved lighting plan (ref MMD-364743- 00-ZZ-6301).
Reason
In the interests of the visual amenity of the area and in accordance with Core Strategy Policy CS28 Sustainable Design.
09
The building shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is brought into use.
Reason
In the interests of the visual amenity of the area and in accordance with Core Strategy Policy CS28 Sustainable Design.
Landscaping
10
Prior to the first occupation of the building, a detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
-The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
-The extent of any changes to existing ground levels, where these are proposed.
-Any constraints in the form of existing or proposed site services, or visibility requirements.
-Areas of structural and ornamental planting that are to be carried out.
-The positions, design, materials and type of any boundary treatment to be erected.
-A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances.
-A written specification for ground preparation and soft landscape works.
-The programme for implementation.
-Written details of the responsibility for maintenance and a schedule of operations, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme within a timescale agreed, 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’.
11
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. 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
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’.
12
Within 5 years of the commencement of the works 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, within this 5 year period, 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
To ensure the trees/shrubs are protected during the construction of the development 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’.
13
The approved development will be completed in accordance with the submitted Arboricultural Impact Assessment from Bowland Tree Consultancy dated, March 2016, to help ensure the future prospects of the existing trees shown to be retained are not at risk throughout any development.
Reason
To ensure the trees/shrubs are protected during the construction of the development 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’.
14
Prior to the commencement of any development a detailed Arboricultural Method Statement in accordance with BS 5837 Trees in Relation to Design, Demolition and Construction, shall be submitted to the LPA for consideration and approval and the development shall be implemented in accordance with the approved details. The submitted details shall include a detailed Tree Protection Plan.
Reason
To ensure the trees/shrubs are protected during the construction of the development 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’.
15
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 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations This shall be 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
To ensure the trees/shrubs are protected during the construction of the development 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’.
Drainage
16
Development shall not begin until a foul and surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The
scheme shall include the construction details and shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall
demonstrate:
• The utilisation of holding sustainable drainage techniques (e.g. soakaways etc.);
• The limitation of surface water run-off to equivalent greenfield rates (i.e. maximum of 5 litres/second);
• The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus an appropriate allowance for climate change, based upon the submission of drainage calculations; and
• A maintenance plan including responsibility for the future maintenance of drainage features and how this is to be guaranteed for the lifetime of the development.
Reason
To ensure that the development can be properly drained in accordance with UDP Policies ENV3.2 ‘Minimising the Impact of Development’, ENV3.7 ‘Control of Pollution’ and the South Yorkshire Interim Local Guidance for Sustainable Drainage Systems for Major Applications.
17
Before the development is brought into use, that part of the site to be used by vehicles 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 in accordance with UDP Policies ENV3.2 ‘Minimising the Impact of Development’, ENV3.7 ‘Control of Pollution’ and the South Yorkshire Interim Local Guidance for Sustainable Drainage Systems for Major Applications.
18
No building or other obstruction including landscape features shall be located over or within 3.0 (three) metres either side of the centre line of the water main i.e. a protected strip width of (6) metres, that enters the site. If the required stand-off distance is to be achieved via diversion or closure of the water main, the developer shall submit evidence to the Local Planning
Authority that the diversion or closure has been agreed with the relevant statutory undertaker.
Reason
In order to allow sufficient access for maintenance and repair work at all times.
19
No development shall take place until details of the proposed means of disposal of surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the local planning authority. Furthermore, 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.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal.
Land Contamination
20
Prior to commencement of the main works of the development, the developer shall submit a site investigation report for the approval of the Local Planning Authority. The investigation shall address the nature, degree and distribution of contamination on site and its implications on the health and safety of site workers and nearby persons, building structures and services, final end users of the site, landscaping schemes and environmental pollution, including ground water, and make recommendations so as to ensure the safe development and use of the site. The sampling and analytical strategy shall be approved by the Local Planning Authority prior to the start of the survey and all recommendations and remedial works contained within the approved report shall be implemented by the developer, prior to occupation of the site.
Reason
In the interests of safe redevelopment and after use of this site and in accordance with UDP Policy ENV4.4 ‘Contaminated Land’.
21
Prior to commencement of the main works of the development, an intrusive investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings shall be submitted to the authority. Subject to the findings of the investigation, a Remediation Method Statement shall be provided to the Local Authority prior to any remediation commencing on site. Following the remediation of the site, a Verification Report should be forwarded to the Local Authority for review and comment. 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.
22
Prior to the commencement of the main works of the development, all subsoils / topsoils imported to site for soil capping works shall be tested at a rate and frequency to be agreed with the Local Planning Authority to ensure they are free from contamination. The results of testing thereafter shall be presented to the Local Planning Authority in the format of a Validation Report. The development shall be undertaken in accordance with the agreed details.
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.
23
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 Planning Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
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.
Informatives
a) South Yorkshire Fire and Rescue
Access for appliances should be in accordance with Approved Document B, Volume 2, part B5, Section 16.
Water supplies should be in accordance with Approved Document B, Volume 2, part B5 section 15.
Yorkshire Water
i) SITE LAYOUT - The drawing should show the 'site surveyed position' of the water main within the site, with required clearance at each side - or agreed diversion route.
ii) The Flood Risk Assessment (prepared by Turner and Townsend Ltd – Report 364473/YHE/EST/R01/A (revision A) dated 15/03/2016) states that it is unlikely that soakaways would be viable and therefore a discharge into the combined sewer would be appropriate, however, we request soakaways test results in the first instance. The report should considered watercourse if there is one nearby?
iii) Only subject to satisfactorily discounting soakaway/watercourse as not viable, YWS will discuss a rate of discharge to the public sewer.
iv) The submitted drawing appears to show a land drain and a land drainage catchpit. Where will the land drainage discharge to?
If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he should contact our Developer Services Team (telephone 0345 120 84 82, email: Technical.Sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Sewers for Adoption - a design and construction guide for developers' 6th Edition as supplemented by Yorkshire Water's requirements.
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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