| 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 and as shown on the approved plans (as set out below)
PL00A, received 19 January 2021
PL07B, received 12 March 2021
PL08B, received 12 March 2021
PL05E, received 12 March 2021
Reason
To define the permission and for the avoidance of doubt.
03
The buildings edged light blue on plan PL02A, received 10 December 2020 shall be wholly removed from the site before the first dwelling is occupied.
Reason
To ensure that there is no interference between the existing and proposed dwelling in respect of amenity issues and in the interests of Green Belt requirements.
04
No above ground construction of the dwellinghouses hereby approved shall commence until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details/samples.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
05
The dwellinghouses hereby approved 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 dwelling is brought into use and shall be retained thereafter.
Reason
In the interests of the visual amenity of the area and to define the residential curtilage to avoid encroachment into the countryside.
06
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 and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
07
Prior to the occupation of any dwelling, details of vehicle charging points (a minimum of one point per dwelling) shall have been submitted to and approved by the local planning authority. Each dwelling shall not be occupied until the charging point has been provided, and they shall thereafter be retained.
Reason
In the interests of sustainable development and air quality.
08
Notwithstanding the provisions of Schedule 2, Part 1, Class A and E of the Town and Country Planning (General Permitted Development) Order 2015, as amended, no further extensions to the property or outbuildings shall be carried out without the prior permission of the local planning authority.
Reason
In order to restrict the potential for the dwelling to be considerably increased in volume that would result in disproportionate extensions that would represent inappropriate development in the Green Belt.
09
The development shall be undertaken in accordance with details submitted to the within the Tree Protection Plan (CFA 03 rev A), the Arboricultural Method Statement (1120 Croft Farm AMS) and the Landscape Masterplan (Rev A Feb 2021 & CFA 05 rev A). Any variations to the details of the documents and plans must only be undertaken after the proposed variations have been agreed in writing by the Local Planning Authority.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change.
10
Before the development is brought into use, the approved Landscape scheme as indicated on Dwg No CFA05 rev A shall be implemented in accordance with RMBC Landscape Design Guide (April 2014) 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.
11
The bat and bird boxes shown on drawing CFA06 rev A shall be implemented prior to each dwelling being occupied and shall thereafter be maintained and retained.
Reason
In the interests of biodiversity enhancement.
12
The development shall be carried out in accordance with the recommendations of the submitted and approved bat and bird survey (Preliminary Ecological Assessment & Bat Roost Assessment, August 2020). Thereafter such approved measures shall be retained and maintained unless otherwise agreed with the Local Planning Authority.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
13
A limited and targeted Phase II Intrusive Site Investigation within the proposed development area should be undertaken (following removal of all plainings from site) to assess for any geo-environmental constraints at the site and should be undertaken in accordance with the conclusions and recommendations made on page 8 of the report entitled ‘Phase I Environmental Assessment – Land at Croft Farm, Worksop Road, Aston Sheffield, S26 2AD’ - prepared by Peak Environmental Solutions Limited, dated 6th August 2020, reference 42080r1/Iss Rev A. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority.
The above should be conducted 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).
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.
14
Subject to the findings of the Phase II Intrusive Site Investigation required in condition 13 above and prior to construction works commencing, a Remediation Method Statement shall be provided and approved by this Local Authority prior to any remediation works commencing on site. 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 site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation. 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.
15
In the event that during development works unexpected significant contamination is encountered, 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.
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.
16
If subsoil/topsoil is required to be imported to site for remedial works/garden areas, 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.
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.
17
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 Validation 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 validation 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.
18
The development shall be carried out in accordance with the recommendations set out in Section 5 ‘Sound Insultation Scheme’ of the submitted and approved Noise Impact Assessment (‘Environmental Noise Survey, Noise Break-In Assessment & Sound Insulation Scheme’, prepared by NOVA Acoustics, 27 August 2020). Thereafter such approved measures shall be retained and maintained unless otherwise agreed with the Local Planning Authority
Reason
In the interests of the amenity of future occupants.
19
Internal noise levels of the dwellings hereby approved shall not exceed the levels specified within BS8233:2014, Section 7.7.2 (Internal ambient noise levels for dwellings). These being:
Activity Location 07:00hrs - 23:00hrs 23:00hrs - 07:00hrs
Resting Living room 35dB (LAeq 16hour) N/A
Dining Dining room 40dB (LAeq 16hour) N/A
Sleeping (Daytime resting)
Bedroom
35dB (LAeq 16hour)
30dB (LAeq 8hour)
Prior to the completion of each dwelling a noise report shall be submitted to and approved in writing by the Local Planning Authority to demonstrate that these levels are met.
Reason
In the interests of the amenity of future occupants.
Informative(s)
01
You should note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust which may arise during the construction phase. If a statutory nuisance is found to exist they must serve an Abatement Notice under the Environmental Protection Act 1990. Failure to comply with the requirements of an Abatement Notice may result in a fine of up to £20,000 upon conviction in the Magistrates' Court. It is therefore recommended that you give serious consideration to reducing general disturbance by restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
02
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
03
It is advised that the following ecological enhancements should be incorporated into the proposed development:
• Shrub and tree planting which includes a diverse mix of native and non-native species in accordance with recognised good practice.
• Any proposed new external lighting for the development should be designed to ensure that lights are angled downward and that night-time light levels remain relatively low.
• Boundaries between plots should include holes suitable for hedgehogs.
04
The four South Yorkshire Authorities have committed to ensuring that relevant developments are provided with Gigabit-capable full fibre broadband. Please refer to the attached informative in this respect.
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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