| 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 9 & 26 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 9 & 26 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.’
General
01
The development hereby permitted shall be commenced before the expiration of five 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 location 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)
Site Layout
• 8450s/800H pr Site Plan
• 8450s/801B Location Plan
Block A
• 8450s/100D Block A pr Ground Floor Plan
• 8450s/101D Block A pr First Floor Plan
• 8450s/102D Block A pr Elevations
• 8450s/103C Block A pr pr Elevations
Blocks B & C
• 8450s/200E Block B&C pr Ground & First Floor Plans
• 8450s/201E Block B&C pr Elevations
Block D
• 8450s/300E Block D pr Ground Floor Plan
• 8450s/301D Block D pr First Floor Plan
• 8450s/302D Block D pr Elevations 1 of 2
• 8450s/303D Block D pr Elevations 2 of 2
Block E
• 8450s/400D Block E pr Ground Floor Plan
• 8450s/401E Block E pr First Floor Plan
• 8450s/402D Block E pr Elevations
Block F
• 8450s/500C Block F pr Ground Floor Plan
• 8450s/501D Block F pr Roof Top Plan
• 8450s/503D Block F pr Elevations
• 8450s/504C Block F pr Elevations
• 8450s/505C Block F pr Elevations
• 8450s/515A Block F pr Elevations
Block G
• 8450s/600E Block G pr Ground Floor Plan
• 8450s/601E Block G pr Elevations
• 8450s/602C Block G pr Roof Top Plan
Block H
• 8450s/700J Block H pr Ground & First Floor Plan
• 8450s/702E Block H pr Elevations
Topo & Sections
• 17317-2D-Topo
• 8450/107 Proposed GA Section
• 8450/206 Proposed GA Section
• 8450/305 Proposed GA Section
• 8450/403 Proposed GA Section
• 8450/506 Proposed GA Section
• 8450/507 Proposed GA Section
• 8450/604 Proposed GA Section
• 8450/703 Proposed GA Section
• 8450/805A pr Site Sections
• 8450/806 pr Site Sections
Boundary Treatments and Access Ramp
• 8450s/sk819 Proposed Waverley Walk feature ramp
• 8450/802 Block B&C Service Yard Wall
• 8450/803 Block D Service Yard Wall
• 8450/804A pr Street Elevations
• 8450/807 Feature Wall Elevations
• 8450/808 Feature Wall Details
Reason
To define the permission and for the avoidance of doubt.
03
No above ground development shall take place until samples 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. The details shall include the construction of a sample panel on site to include the correct colour mortar and window frames. 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 Policy CS28 ‘Sustainable Design’
04
No part of the development shall be occupied until details of the external lighting of the building(s) and external area(s) within that part have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the part of the development to which they relate is occupied and retained as such thereafter, or until replaced by an alternative lighting scheme which shall first have been submitted to and approved in writing by the Local Planning Authority.
Reason:
In the interests of amenity and highway safety, in accordance with the National Planning Policy Framework.
Use and Floorspace Restrictions
05
The Class A1 development hereby permitted shall have a maximum gross floor area of 9,201 sq m GIA. The following activities shall be allowed to operate within the development but are excluded from, and not subject to, this floorspace limit: hairdressers, nail bars, beauty salons, travel agencies, ticket agencies, undertakers and funeral directors, post offices, outlets selling cold food for consumption away from the premises, hire shops, dry cleaners, clothing repairers.
Reason
In order to minimise the impact on the town centre in accordance with guidance contained within the NPPF
06
The Class A1 retail development hereby permitted shall have a maximum comparison goods sales floor area of 5,480 sq m. Within and as part of this sales floor area limit, no more than a total of 2,650 sq m shall be used for the sale of a range of goods comprising clothing and footwear (including sports clothes and footwear), health and beauty goods, jewellery, perfume, watches, toys and games.
Reason
In order to minimise the impact on the town centre in accordance with guidance contained within the NPPF
Highways
07
No above ground development shall take place until a Scheme has been submitted to and approved in writing by the Local Planning Authority to show:
i. Phasing arrangements for the proposed bus interchange being brought into use.
ii. Details of the proposed road, including bus gate, linking Highfield Spring with the proposed bus interchange and the phasing arrangements for this infrastructure to be constructed to adoptable standards.
iii. Details of a signal controlled pedestrian crossing of Highfield Spring fronting the site and the phasing arrangements for this crossing to be brought into use.
iv. Road section, construction and drainage details, and the phasing arrangements for these details to be implemented.
The Scheme shall be implemented as approved.
Reason
In the interests of road safety
08
A Car Parking Management Plan shall be submitted to and approved by the Local Planning Authority before any part of the development is brought into use and the approved details shall be implemented as approved, or in accordance with any subsequent variation that shall first have been submitted to and approved by the Local Planning Authority.
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.
09
A Construction Traffic Management Plan shall be submitted to and approved by the Local Planning Authority before the development is commenced and the approved details, which shall include, details of parking by construction staff/delivery vehicles, a materials compound, measures to prevent/deal with mud etc. deposited in adjacent roads shall be implemented.
Reason
In the interests of road safety.
10
No part of the development shall be occupied until a cycle parking Scheme showing details in accordance with the Council’s Cycle Parking Standards has been submitted to and approved by the Local Planning Authority. The Scheme shall be implemented as approved and in accordance with phasing arrangements to be set out within the Scheme.
Reason
In order to promote sustainable transport choices.
11
The measures contained within the travel plan received on 14th September 2017 shall be fully implemented during the lifetime of the development. 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 timetabled in the monitoring strategy.
Reason
In order to promote sustainable transport choices.
12
The car parking area shown on the Site Plan reference 8450s/800H shall be provided in accordance with phasing arrangements which shall first have been submitted to and approved by the Local Planning Authority, 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.
13
The existing vehicular access mid-way on the site frontage to Stephenson Way shall be permanently closed and the kerbline/footway reinstated before the development is first brought into use.
Reason
In the interests of road safety and to ensure that the access is closed immediately it is no longer required.
Environmental
14
Prior to the occupation of Block B, details of the proposed wall and gate to the service yard which allows for acoustic screening between the properties and the delivery area and docking bay shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.
Reason
To safeguard the amenities of nearby residential properties from any undue noise in accordance with the provisions of Policy ENV3.7 ‘Control of Pollution’.
15
Details of the proposed surface material to be used in the service yards shall be submitted to and approved in writing by the Local Planning Authority. No part of the development served by the service yards shall be brought into use until such approved details are implemented for that part.
Reason
To ensure that the development herby permitted is not detrimental to the amenity of the area and/or nearby residents by reason of undue noise in accordance with the provisions of Policy ENV3.7 ‘Control of Pollution’.
16
The development hereby permitted shall be carried out in full accordance with the details contained within the Service Yard Management Plan dated August 2017. This Management Plan shall be reviewed annually for a period of three years and findings submitted to the Local Planning Authority for approval. The development shall thereafter be carried out in accordance with the findings of the latest approved Plan.
Reason
To ensure that the development herby permitted is not detrimental to the amenity of the area and/or nearby residents by reason of undue noise including delivery vehicles entering and leaving the site as there is limited information as to the exact times and number of delivery lorries entering and exiting the service yard at Block B.
Drainage
17
Prior to the commencement of any above ground development 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, shall be 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, which shall include the phasing of its implementation. 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 in accordance with the submitted drainage strategy;
• 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.
• The details shall include the quantum of impermeable areas within the development that will drain to public sewer.
Furthermore, unless otherwise approved in writing by the local planning authority, there shall be no piped discharge of surface water prior to the completion of the approved surface water drainage works downstream of the point of connection
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.
18
Any 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.
These areas 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.
19
Surface water from areas likely to receive petrol/oil contamination (e.g. vehicle parking areas) shall be passed through effective oil/grit interceptors prior to discharge to any sewer or watercourse. Roof drainage should not be passed through any interceptor.
Reason
To prevent pollution of any watercourse in accordance with UDP policies ENV3.2 ‘Minimising the Impact of Development’ and ENV3.7 ‘Control of Pollution’.
20
A flood route drawing showing how exceptional flows generated within or from outside the site will be managed including overland flow routes and design of buildings to prevent entry of water, shall be submitted to and approved by the Local Planning Authority and the development shall only be brought into use in accordance with phasing arrangements to be specified on the approved drawing.
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’.
Ecology
21
The development hereby approved shall be carried out in full accordance with the mitigation measures outline in paragraph 8.1 of the report entitled ‘Extended Phase 1 Habitat Survey, Breeding Bird Survey and Preliminary Ecological Assessment’ dated 30/03/2017 or such other measures which shall first have been submitted to and approved by the Local Planning Authority.
Reason
In the interest of biodiversity at the site in accordance with Policy CS20 ‘Biodiversity and Geodiversity and guidance contained within the NPPF.
Landscape
22
Prior to any above ground development taking place, details of both hard and soft landscaping to the public realm areas of the centre, including Waverley Walk shall be submitted to and approved in writing by the Local Planning Authority. These details shall include, as appropriate:
• Existing and proposed finished levels
• Car parking layouts
• Details and arrangement of steps & ramped access to Waverley Walk
• Hard surfacing materials to pedestrian and vehicular areas
• Minor artefacts and structures (e.g. furniture, water features, public art, refuse or other storage units, signs, lighting)
• Proposed and existing functional services above and below ground where likely to impact on tree planting (e.g. drainage, power, communication cables, pipelines, inspection chambers, etc)
• Highway visibility requirements
• Retained existing site features where relevant
• Planting plans, Written specifications (including ground preparation, cultivation and other operations associated with plant and grass establishment) Schedules of plants, noting species, planting sizes and proposed numbers / densities or planting distances
• Written details of the responsibility for ongoing maintenance and a schedule of operations.
• An implementation programme.
Development shall thereafter be implemented in accordance with the approved details and in within a timescale agreed, in writing, by the Local Planning Authority.
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’, CS21 ‘Landscapes’ and ENV3.4 ‘Trees, Woodlands and Hedgerows’.
23
Prior to first occupation of the development a detailed landscape scheme for roadside planting to Stephenson Way access Road 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.The landscape scheme 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 treatments or gateway features to be erected were relevant.
• 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 ongoing maintenance and a schedule of operations.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme and implemented within a timescale agreed, in writing, by the Local Planning Authority.
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’, CS21 ‘Landscapes’ and ENV3.4 ‘Trees, Woodlands and Hedgerows’.
24
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’, CS21 ‘Landscapes’ and ENV3.4 ‘Trees, Woodlands and Hedgerows’.
Land Contamination and Ground Conditions
25
In the event that gas protection measures are required for any block, details of the measures to be installed shall be submitted to and approved in writing by the Local Planning Authority for approval prior to the construction of the relevant block. The development shall thereafter be carried out in full accordance of the approved 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.
26
Prior to the commencement of development a Materials Management Plan detailing the cut and fill exercises to be undertaken shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in full accordance of the approved 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.
27
All foundation works to be undertaken shall be carried out in accordance with sections 7.3.1 – 7.3.4 and 9.4.1 – 9.4.2 detailed in the Geo-Environmental Assessment – Waverley Square - prepared by RSK Environment Ltd, dated January 2017, reference 350132 – R02 (01) or such other details which shall first have been submitted to and approved by the Local Planning 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.
28
In the event that subsoil’s / topsoil’s are required to be imported to site for fill exercises/ soft landscaping works, these soils shall first be tested at a rate and frequency to be agreed in writing by the Local Planning Authority to ensure they are free from contamination. If materials are imported to site the results of testing thereafter shall be presented to the Local Planning Authority in the format of a Verification 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
29
A Design sulphate classification of DS-4 and the corresponding aggressive chemical environment for concrete (ACEC) AC-4 should be adopted for all sub surface concrete, the details of which shall be submitted to the Local Planning Authority for approval within a validation report prior to the sub surface concrete being poured.
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
Prior to the installation of water supply pipes, details of these shall be submitted to and approved in writing by the Local Authority to ensure resistance from chemical attack from residual contaminants remaining in the ground.
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
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 and works shall thereafter be carried out in accordance with an approved Method Statement 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.
32
Following completion of any required remedial/mitigation works a Verification Report shall be submitted to and approved in writing by the Local Planning. 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 relevant part of 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.
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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