| Conditions / Reason for Refusal: |
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 location plan JBA.3625.105, revised site layout JBA.3625.104 Rev F, elevations JBA.3625.101A terraced properties, JBA.3625.101 semi-detached, Japanese Knotweed eradication strategy)(received 09/08/19, 23/03/20 and 03/03/21).
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/Design and Access Statement/shown on drawing no elevations materials JBA.3625.103.A – terraced, JBA.3625.101 semi-detached. The development shall thereafter be carried out in accordance with these 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 CS28 ‘Sustainable Design’.
04
When the proposed access has been brought into use, the existing access
shall be permanently closed and the footway / kerbline / verge reinstated in
accordance with details to be submitted to and approved by the Local
Planning Authority.
Reason
In the interests of road safety and amenity.
05
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
In the interests of road safety and amenity.
06
Prior to the commencement of any additional below ground development, road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
In the interests of road safety and satisfactory drainage.
07
Prior to the occupation of the first dwelling, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority
Reason
In order to encourage sustainable modes of transport.
08
Prior to the occupation of any dwelling, details of the infrastructure to allow every future homeowner on the site to fit their own specific Electric Vehicle Charging connection plate, shall be submitted to and approved by the Local Planning Authority. Each dwelling shall not be occupied until the approved infrastructure has been provided, and they shall thereafter be retained.
Reason
In the interests of sustainable development and air quality.
09
Prior to the occupation of the first dwelling a plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed before the dwelling is occupied.
Reason
In the interests of the visual amenity of the area and the amenity of neighbouring residents.
10
Before the development is brought into use, a Landscape scheme, showing location and types of landscape treatment, shall be submitted for approval by the Local Planning Authority. The Landscape scheme should be prepared in accordance with RMBC Landscape Design Guide (April 2014) and shall be implemented in the next available planting season and maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
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 the Local Plan.
11
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.
12
Following completion of any remedial/ground preparation works a Validation Report should be forwarded to the Local Authority for review and comment. The Validation 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.
Coal Authority
13
Prior to the commencement of any additional below ground development, the applicant shall submit a scheme of remedial works for shallow coal workings which shall be approved in writing by the Coal Authority. The application shall then be implemented in accordance with these approved details.
Reason
To ensure that any coal mining legacy implications are satisfactorily addressed.
14
The development shall be carried out in accordance with the agreed Japanese knotweed eradication strategy details (ref KMAC services, dated 03.03.21), including final written confirmation to confirm the eradication of knotweed on site, shall be submitted to and approved by the Local Planning Authority in accordance with the agreed statement before the development is brought into use.
Reason
In order to ensure that there is no spreading of Japanese knotweed to adjacent sites.
15
The site shall be developed with separate systems of drainage for foul and surface water on and off site.
Reason
In the interest of satisfactory and sustainable drainage.
16
There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but
not be exclusive to:
i) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and
ii) the means of discharging to the public sewer network at a rate to be agreed by the Local Planning Authority in consultation with the statutory sewerage undertaker.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal.
Informatives
a) The applicant is reminded that any future development to construct more dwellings on the land to the south would trigger a future Affordable Housing Contribution on this site. Under comprehensive development rules the whole area has to be considered as one development site for affordable housing calculations. Therefore if any planning applications are submitted for the rest of the site area at a later date – the total number of units that are built across the whole site will be used to calculate the affordable housing requirement (eg if this exceeds 14 units across the sites). In short, sub-dividing the site, and even a change in ownership will not reduce the total affordable housing requirement it will be recalculated at every phase.
Yorkshire Water
1) Development of the site should take place with separate systems for foul and surface water drainage. The separate systems should extend to the points of discharge to be agreed.
2) Surface Water Disposal: The developer is proposing to discharge surface water to public sewer however, sustainable development requires appropriate surface water disposal. Yorkshire Water promote the surface water disposal hierarchy and the developer must provide evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical before considering disposal to public sewer. The developer and LPA are strongly advised to seek
comments on surface water disposal from other drainage bodies as further restrictions may be imposed. As a last resort, the surface water discharge from the proposal to the public surface water sewer network must be restricted so as not to exceed 3.5 (three point five) litres per second.
Hours of Construction
3) Except in case of emergency, operations should not take place on site other than between the hours of 08:00 - 18:00 Monday to Friday and between 09:00 - 13:00 on Saturdays. There should be no working on Sundays or Public Holidays. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Local Planning Authority should be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
4) Heavy goods vehicles should only enter or leave the site between the hours of 08:00 - 18:00 on weekdays and 09:00 - 13:00 Saturdays and no such movements should take place on or off the site on Sundays or Public Holidays (this excludes the movement of private vehicles for personal transport).
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what clarifications were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
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