Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2020/1518
Site Address: land at Badsely Moor Lane Hospital Badsley Moor Lane Clifton 9999
Description: Demolition of existing Residential Rehabilitation Accommodation and erection of Qdos Careers Hub
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 02 June 2021
Decision Date: 11 June 2021
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Committee
Conditions / Reason for Refusal: Conditions 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 05, 14, 15,16, 25 & 26 of this permission require matters to be approved before development works begin; however, in this instance the conditions are justified because: 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 05, 14, 15, 16, 25 & 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 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) • Location Plan 1083_QCH100 • Proposed Site Plan 1083_QCH103 Rev • Demolition Plan 1083_QCH102 • Way Finding 1083_QCH106 Rev A • Proposed Ground Floor Plan 1083_QCH200 • Proposed First Floor Plan 1083_QCH201 • Proposed Roof Plan 1083_QCH202 Rev A • Proposed Elevations 1083_QCH210 • Proposed Elevations 1083_QCH211 • Proposed Elevations 1083_QCH212 Rev B • Proposed Sections 1083_QCH220 • Landscape Masterplan 3351 101 Rev A • Preliminary Finished Levels AMA/20780/DR/103 Rev A • Proposed Planting Plan 3551 201 Rev A Reason To define the permission and for the avoidance of doubt. 03 No above ground development shall take place 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 development is brought into use. Reason In the interests of the visual amenity of the area and in accordance with 04 No above ground development shall take place 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 and in accordance with Local Plan Policies. 05 Prior to the commencement of development, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include: - the location of the site compound and staff parking; - measures to deal with dust, specifically in relation to the adjacent NHS buildings; - measures to deal with mud in the highway; - details of proposed hours of construction on/deliveries to the site; and such further matters as the Local Planning Authority may consider necessary. The approved measures shall be implemented throughout the construction period. Reason In the interests of residential amenity and that of surrounding NHS buildings/users. 06 The building hereby approved shall be used for educational purposes falling within Use Class F1(a) only and for no other purpose (including any other purpose in Class F1 of the Schedule to the Town and Country Planning (Use Classes) Order, 1987). Reason The application has been assessed on that basis of the specific use class and as such other uses may not be considered appropriate. Transportation 07 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 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. 08 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. 09 A detailed scheme to provide electric vehicle charging point infrastructure (cabling routes) to serve every car parking space and the provision of charging points for a minimum of 20% of car parking spaces in accordance with Supplementary Planning Document 2 ‘Air Quality and Emissions’ shall be submitted and approved by the Local Planning Authority. The approved details shall be implemented on site before the building is brought into use. Reason In order to promote sustainable transport choices. Drainage 10 Above ground 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. During construction, if the approved scheme has not been implemented, temporary arrangements shall be put in place to limit surface water runoff to the agreed discharge rate. The scheme to be submitted shall demonstrate: • The utilisation of holding sustainable drainage techniques (e.g. soakaways); • The limitation of surface water run-off to equivalent brownfield rates (i.e. minimum of 30% reduction in flows based on existing flows and a 1 in 1 year return period); • The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus a 30% 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 the Local plan and the NPPF 11 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:- • evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical; • evidence of existing positive drainage to public sewer and the current points of connection; and • the means of restricting the discharge to public sewer to a maximum rate of 3.5 litres per second. Reason To ensure that no surface water discharges take place until proper provision has been made for its disposal and in the interest of sustainable drainage 12 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 Ecology 13 Details of the number, style and location of bird and bat boxes to be located within The site shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented within the development. Reason In the interest of local ecology in accordance with the Local Plan and the NPPF Environmental 14 Prior to development commencing a Phase II Intrusive Site Investigation should be undertaken in accordance with the recommendations made within sections 7.6.4 to 7.6.7, 8.21 to 8.2.3. and 8.3.11. 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 shall be submitted to and approved in writing by the Local Planning Authority. The above should be conducted in accordance with DEFRA and the Environment Agency’s ‘Land Contamination Risk Management Guidance 2020’ 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 inimized, 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 Prior to development commencing a UXO survey will need to be undertaken to assess for any potential buried items of land service ammunition. The investigation must be undertaken by competent persons and a written report of the findings shall be submitted and approved in writing by the Local Planning Authority. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are inimized, 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 Subject to 14 above and prior to development commencing, a Remediation Method Statement shall be submitted and approved in writing by the Local Planning 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. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are inimized, 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 In the event that gas protection measures are required then details of the gas protection measures/membrane to be installed, complete with drawings to show how the membrane will fit into the overall building design and how it will be validated following installation, shall be submitted and approved in writing by the Local Planning Authority. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are inimized, 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 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 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 inimized, 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. 19 If subsoil/topsoil is required to be imported to site for remedial works and areas of soft landscaping, then these soils will need to be tested at a rate and frequency to be agreed with the Local Planning 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 inimized, 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. 20 Following completion of any remedial/ground preparation works a Validation Report should be submitted to and approved in writing by the Local Planning Authority. 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 Planning Authority. Reason To ensure that risks from land contamination to the future users of the land and neighbouring land are inimized, 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. 21 The building shall be designed and constructed to achieve BREEAM Very Good rating as a minimum unless it can be demonstrated that it would not be technically feasible or financially viable. Reason To achieve a sustainable form of development in accordance with the Local Plan. 22 Before the development in brought into use a Waste Management Plan shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented on site. Reason To ensure that Waste is managed at the site in line with Local Plan Policies Telecommunications 23 Before the development is brought into use details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, including a timescale for implementation shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF Landscape and Trees 24 Landscaping of the site as shown on the approved plan (drawing no. Planting Plan 3551-201 Rev A) shall be carried out during the first available planting season after commencement 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 Local Plan policies. 25 No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees and hedgerows has been submitted and its installation on site has been approved in writing by the Local Planning Authority. All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following: • Full survey of all trees on site and those within influencing distance on adjacent sites in accordance with BS5837*, with tree works proposals. All trees must be plotted on a site plan**, clearly and accurately depicting trunk locations, root protection areas and canopy spreads. • A plan** detailing all trees and hedgerows planned for retention and removal. • A schedule of tree works for all the retained trees specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998. • Soil assessments/survey • Timing and phasing of works • Site specific demolition and hard surface removal specifications • Site specific construction specifications (e.g. in connection with foundations, bridging, water features, surfacing) • Access arrangements and car parking • Level changes • Landscaping proposals • A Tree protection plan** in accordance with BS5837* detailing all methods of protection, including but not restricted to: locations of construction exclusion zones, root protection areas, fit for purpose fencing and ground protection, service routes, works access space, material/machinery/waste storage and permanent & temporary hard surfaces. • Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones. • Details of the arboricultural supervision schedule. All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained. *Using the most recent revision the of the Standard ** Plans must be of a minimum scale of 1:200 (unless otherwise agreed 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 in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design. 26 Prior to the commencement of development (including ground works and site clearance), the following shall be submitted to and approved by the Local Planning Authority: A tree monitoring program to include: • Confirmation of who shall be the lead arboriculturalist for the development. • Confirmation of the Site Manager, key personnel, their key responsibilities and contact details. • Details of induction procedures for all personnel in relation to Arboricultural matters. • A detailed timetable of events for arboricultural supervision concerning all tree protection measures within the approved Tree Protection Plan, including: o Prestart meeting with an Rotherham Council Tree Officer o Initial implementation/installation of the tree protection measures o Approved incursions in to construction exclusion zones o Final removal of the tree protection measures • Procedures for dealing with non-approved incursions into the construction exclusion zones as detailed in the approved Arboricultural Method Statement . Within three months of first use of the development hereby approved, a report containing the following details shall be submitted to and approved by the Local Planning Authority: • Results of each site visit by the lead arboriculturist with photos attached. • Assessment of the retained and planted trees including any necessary remedial action as a result of damage incurred during construction. 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 in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design. 27 A suitable scheme of proposed tree planting and pits shall be submitted to and approved by the Local Planning Authority prior to the first use of the development hereby approved. The scheme shall include the following comprehensive details of all trees to be planted: • Full planting specification - tree size, species, the numbers of trees and any changes from the original application proposals. • Locations of all proposed species. • Comprehensive details of ground/tree pit preparation to include: o Plans detailing adequate soil volume provision to allow the tree to grow to maturity o Engineering solutions to demonstrate the tree will not interfere with structures (e.g. root barriers/deflectors) in the future o Staking/tying method(s). o Five year post planting maintenance and inspection schedule. All tree planting must be carried out in full accordance with the approved scheme in the nearest planting season (1st October to 28th February inclusive). The quality of all approved tree planting should be carried out to the levels detailed in British Standard 8545, Trees: from nursery to independence in the landscape - Recommendations. Any trees which die, are removed, uprooted, significantly damaged, become diseased or malformed within five years from the completion of planting, must be replaced during the nearest planting season (1st October to 31st March inclusive) with a tree/s of the same size, species and quality as previously approved. 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 in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design. Infomatives 01 Wildlife Legislation 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. 02 Nesting bird Site clearance should ideally be outside of the bird nesting season. If vegetation clearance is required in the bird nesting season (March-August) then a qualified ecologist should be employed to check the area first and ensure that no nesting species are present. No works can take place whilst birds are actually nesting. 03 Hedgehogs Holes in fencing should be provided for hedgehogs which roam gardens at night. Ideally these should be 13 x 13cm which is too small for most pets to squeeze through. 04 Construction Hours 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. 05 Yorkshire Water • The drainage details submitted on drawing AMA/20780/DR/104 (revision A) dated 17/02/2021 prepared by Andrew Mosley Associates require amendments, but if planning permission is granted, the matter can be dealt with via condition. The following point should be addressed: • evidence should be submitted to show that other (than discharge to public sewer) means of surface water disposal have been considered and why they have been discounted 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. As a last resort surface water may discharge to the public network restricted to a rate of not greater that 3.5 litres per second. POSITIVE AND PROACTIVE STATEMENT During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments 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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