| 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 19, 20, 24 and 33 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 19, 20, 24 and 33 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 as shown on the approved plans (as set out below):
2068-NTN-XX-DR-001-Site Location Plan, received 12 October 2020
2068-NTN-XX-DR-008-Planning Layout rev I, received 11 May 2021
2068-NTN-X-DR-101-Materials Plan rev B, received 14 April 2021
2068-NTN-XX-DR-700-Boundary Treatment Plan rev C, received 14 April 2021
New Dwellings
HAL-X2-PL, received 12 October 2020
HAL-X2-EL, received 12 October 2020
HAL-X3-PL, received 12 October 2020
HAL-X3-EL, received 12 October 2020
WEN-X2-PL, received 12 October 2020
WEN-X2-EL, received 12 October 2020
CAD-X2-PL, received 12 October 2020
CAD-X2-EL, received 12 October 2020
BAM-X2-PL, received 12 October 2020
BAM-X2-EL, received 12 October 2020
BAM-X3-PL, received 12 October 2020
BAM-X3-EL, received 12 October 2020
CAM-AS-PL, received 12 October 2020
CAM-AS-EL, received 12 October 2020
CAM-OP-PL, received 12 October 2020
CAM-OP-EL, received 12 October 2020
HAR-AS-PL, received 12 October 2020
HAR-AS-EL, received 12 October 2020
HAR-OP-PL, received 12 October 2020
HAR-OP-PL, received 12 October 2020
HAR2-AS-PL, received 12 October 2020
HAR2-AS-EL, received 12 October 2020
HAR2-OP-PL, received 12 October 2020
HAR2-OP-EL, received 12 October 2020
HARBAM-AS-PL, received 12 October 2020
HARBAM-AS-EL, received 12 October 2020
HARBAM-OP-PL, received 12 October 2020
HARBAM-OP-EL, received 12 October 2020
HAR2BAM-AS-PL, received 12 October 2020
HAR2BAM-AS-EL, received 12 October 2020
HAR2BAM-OP-PL, received 12 October 2020
HAR2BAM-OP-EL, received 12 October 2020
RIC-X2-PL, received 12 October 2020
RIC-X2-EL, received 12 October 2020
RI2-X2-PL, received 12 October 2020
RI2-X2-EL, received 12 October 2020
KEN-AS-PL, received 12 October 2020
KEN-AS-EL, received 12 October 2020
KEN-OP-PL, received 12 October 2020
KEN-OP-EL, received 12 October 2020
HOL1-EL1, received 8 February 2021
HOL1-EL2, received 8 February 2021
HOL1-PL1, received 8 February 2021
HOL1-PL2, received 8 February 2021
HOL1-PL3, received 8 February 2021
HOL2-EL1, received 8 February 2021
HOL2-EL2, received 8 February 2021
HOL2-PL1, received 8 February 2021
HOL2-PL2, received 8 February 2021
HOL2-PL3, received 8 February 2021
Garages
9010 rev 1, received 12 October 2020
9030 rev1, received 12 October 2020
Conversion Plans
LLC1038-110, received 12 October 2020
LLC1038-112B, received 12 October 2020
LLC1038-120, received 12 October 2020
LLC1038-121, received 12 October 2020
LLC1038-122, received 12 October 2020
LLC1038-123, received 12 October 2020
LLC1038-124, received 12 October 2020
LLC1038-125, received 12 October 2020
201 rev A, received 12 October 2020
302-01, received 12 October 2020
302-02, received 12 October 2020
301, received 12 October 2020
Landscape Plans
GL1438 01E, received 14 April 2021
GL1438 02E, received 14 April 2021
GL1438 03E, received 14 April 2021
GL1438 04E, received 14 April 2021
GL1438 05A, received 14 April 2021
Reason
To define the permission and for the avoidance of doubt.
Materials
03
The materials to be used in the construction of the external surfaces of the new build dwellings hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing no 2068-NTN-X-DR-101-Materials Plan rev B. 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.
Boundary Treatment
04
Notwithstanding the details shown on plan 2068-NTN-XX-DR-700-Boundary Treatment Plan rev C, further details of the design, materials and type of boundary treatment to be erected on the site shall be submitted to and approved by the Local Planning Authority. The boundary treatment shall include at the base gaps 13cm x 13cm to allow movement of hedgehogs through the site. The approved boundary treatment shall be completed before the first dwelling in each phase is occupied.
Reason
In the interests of the visual amenity of the area.
05
Notwithstanding the details shown on plan 2068-NTN-XX-DR-700-Boundary Treatment Plan rev C, details of a 2m high closed boarded acoustic fence shall be submitted for the length of the boundary which runs between points A and B on the attached plan. The approved details shall be implemented prior to the car park to Sitwell House being first brought into use and shall thereafter be retained and maintained unless otherwise agreed in writing by the Local Planning Authority.
Reason
To prevent light and noise pollution from the car parking area and in the interests of the amenity of neighbouring residents.
Conservation / Listed Buildings
06
Prior to any works commencing on the Lodge House, Swinden House, Sitwell House or the former Stable Block buildings details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to the Local Planning Authority or samples of the materials shall be left on site, and the development shall thereafter be carried out in accordance with the approved details/samples.
Reason
In the interest of the special interest of the listed and curtilage listed buildings and its setting.
07
All new windows and doors to the Lodge House, Swinden House, Sitwell House and the former Stable Block buildings, including colour treatment shall be submitted at a scale of 1:10 and agreed in writing with the Local Planning Authority prior to their installation.
Reason
In the interest of the special interest of the listed and curtilage listed buildings and its setting.
08
All new rainwater goods to the Lodge House, Swinden House, Sitwell House and the former Stable Block buildings shall be cast iron or cast aluminium painted black unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of the special interest of the listed and curtilage listed buildings and its setting.
Highways
09
The development shall not be brought into use until a signal controlled pedestrian crossing of Moorgate Road as shown in draft form on Drg No LTP/4430/C2/12/02 Rev A has been provided in accordance with details which shall have been submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway safety and sustainability.
10
The development shall not be occupied until details of proposed level boarding i.e. raised kerbs and clearway road markings at the two relocated bus stops on the site frontage with Beaconsfield Road have been submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the first occupation of the development.
Reason
In the interests of highway safety and sustainability.
11
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.
12
Before the development is brought into use the provision/marking out of parking areas indicated on submitted 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.
13
Before work commences on the new internal road layout details of road sections, construction and drainage details of adoptable roads shall be submitted to and approved by the Local Planning Authority, and the approved details shall be implemented before the development is completed.
Reason
No details having been submitted they are reserved for approval.
14
Prior to the development being brought into use, 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 promote sustainable transport choices.
15
The existing vehicular access on the site frontage to Beaconsfield Road shall be permanently closed and the kerbline / footway reinstated before the development is brought into use.
Reason
In the interests of road safety.
Drainage
16
The development shall be carried out in accordance with the details shown in the submitted Flood Risk Assessment prepared by Eastwood & Partners (Report dated 29 September 2020), unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage.
17
Notwithstanding the submitted drawings, a foul and surface water drainage scheme for the site, shall be submitted to and approved in writing by the Local Planning Authority and construction of roads or dwellings shall not begin until such approval has been received. The scheme shall include the construction details and shall subsequently be implemented in accordance with the approved details before the development is completed. Until the approved scheme has been fully implemented, temporary arrangements shall be put in place to limit discharge to rates agreed by Yorkshire Water. The scheme to be submitted shall demonstrate:
• The utilisation of holding sustainable drainage techniques;
• The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus an 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.
18
Notwithstanding the submitted documents, a flood route drawing shall be submitted to and approved in writing by the Local Planning Authority. Construction of roads or dwellings shall not begin until such approval has been received. The drawing shall show how exceptional flows generated within or from outside the site will be managed, including overland flow routes, internal and external levels and design of buildings to prevent entry of water. The development shall not be brought into use until such approved details are implemented.
Reason
To ensure the development can be properly drained and will be safe from flooding in accordance with the Local plan and the NPPF.
Trees
19
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.
• 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.
20
The development hereby approved shall be constructed in accordance with a suitable Tree Monitoring Program.
(a) 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 arboriculturist 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 .
(b) 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.
Ecology
21
Prior to construction works above ground level details of bat & bird boxes, including their design and siting, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented within a timeframe to be agreed with the Local Planning Authority and shall thereafter be retained and maintained unless otherwise agreed with the Local Planning Authority.
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981and to mitigate the loss of a small number of sub-optimal roosting features.
Air Quality
22
Before the first dwelling is occupied, a plan for the installation of Electric Vehicle charging points within the development, including their location, shall be submitted to and approved in writing by the Local Planning Authority. The electric charging points shall be installed in accordance with the approved details within a timescale to be agreed in writing and shall thereafter be maintained as such.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
Communication
23
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.
General Amenity
24
Prior to the commencement of development, a Construction Environment Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Environment Management Plan shall include:
- details of the proposed access to the site for all vehicles associated with the development on the application site;
- traffic management measures during the construction work;
- the location of the site compound and staff parking;
- the location of the storage / loading / unloading of materials;
- measures to deal with dust;
- measures to deal with mud in the highway;
- details of site security
- details of proposed hours of construction on/deliveries to the site;
- details of the quality of soil and its movement and temporary storage during construction;
- details of dust and mud suppression on site and local roads, taking guidance from (Control of Dust and Demolition Activities)(Feb 2003);
- details of measures to deal with stockpiling onsite to prevent any littering or dust nuisance;
- guidance mesures when dealing with subcontractors;
- measures to deal with complaints from the site, including details of contact person;
- if generators are to be used on site, what measures are to be provided to prevent noise nuisance;
- vehicles to be sheeted when leaving the site;
- Consideration of BS:5233:2014 Guidance on Sound insulation and noise;
- Consideration of BS:5228:2009 Code of practice for noise and vibration control on construction and open sites;
The approved measures shall be implemented throughout the construction period.
Reason
In the interests of residential amenity and highway safety.
Land Contamination
25
Post demolition of all remaining buildings/structures on site, supplementary site investigation works will need to be undertaken in areas previously inaccessible, to confirm the nature, presence, and extent of contamination within these areas and the risk it presents to human health and controlled waters. Subject to the findings of the investigation works, a Detailed Quantitative Risk Assessment (DQRA) may need to be undertaken to determine the remedial works/target concentrations required for the site. The investigation and subsequent risk assessments 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 the Environment Agency’s ‘Land Contamination Risk Management (LCRM) Guidance, published October 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 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
Following site investigation works an updated 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.
27
In the event that during development works unexpected significant contamination is encountered at any stage, 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.
28
The foundation design shall be in accordance with sections 14.4.43 – 14.6.2 (pages 60 – 61) of the above report entitled ‘Geo-Environmental Appraisal – Land at Moorgate, Rotherham – prepared by Lithos Consulting Limited, dated April 2020, reference 3563/1’ and in accordance with the findings of further site investigations required at condition 25 above.
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
As per drawing no. 3563/10 entitled ‘Gas Measures Zoning Plan, dated 4/6/20 located with the document ‘Gas Risk Assessment – Swinden Technology Centre, Moorgate, Rotherham - prepared by Lithos Consulting Limited, dated 31st May 2020, reference 016/3563/MJT/CC’ – which identifies the plots which are likely to be underlain by coal; these plots will require gas characteristic situation 2 mitigation measures comprising of a ventilated sub-floor void and gas protection membrane being installed. Details of the gas protection membrane to be used along with drawings to show how the membrane will fit into the overall building design shall be forwarded to this Local Authority for review and comment. Installation of the gas protection measures is to be verified on the 1st plot and 1 in 20 plots thereafter to confirm the ventilated sub-floor void and gas membrane meet the required standards as identified with the Gas Risk Assessment Report. All inspection reports will be forwarded to the Local Authority for review and comment. If any foundations for plots identified outside of the zones shown in drawing 3563/10 encounter significant thicknesses of coal, then these plots will need to be upgraded to CS2 measures.
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
If subsoil/topsoil is required to be imported to site for remedial and garden/soft landscaping 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.
31
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.
Waste Management Plan
32
Prior to the development being first occupied a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
1) information on the amount and type of waste that will be generated from the site;
2) measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
3) an assessment of the potential to re-use or adapt existing buildings on the site (if demolished it must explain why it is not possible to retain them);
4) design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
5) measures to minimise the use of raw materials and minimise pollution of any waste;
6) details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
7) construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
8) details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Archaeology
33
Part A (pre-commencement)
No development, including any demolition and groundworks, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for archaeological investigation and this has been approved in writing by the Local Planning Authority. The WSI shall include:
• A detailed photographic recording of the laboratory buildings, prior to demolition.
• The programme and method of site investigation and recording.
• The requirement to seek preservation in situ of identified features of importance.
• The programme for post-investigation assessment.
• The provision to be made for analysis and reporting.
• The provision to be made for publication and dissemination of the results.
• The provision to be made for deposition of the archive created.
• Nomination of a competent person/persons or organisation to undertake the works.
• The timetable for completion of all site investigation and post-investigation works.
Part B (pre-occupation/use)
Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
Restrictions
34
Notwithstanding the provisions of Schedule 2, Part 1, Class B and C of the Town and Country Planning (General Permitted Development) Order 2015, as amended, no extensions / alterations to the rear roof slopes of properties at plots 87 to 97 and plots 108 to 117 as shown on drawing 2068-NTN-XX-DR-008-Planning Layout rev G shall be carried out without the prior permission of the local planning authority.
Reason
In order to restrict the potential for development in the roofspace which may result in overlooking and as such would need to be fully assessed.
Landscapes
35
Prior to commencement of above ground works a Public Open Space Phasing Plan shall be prepared, submitted and agreed in writing with the Local Planning Authority. The Phasing Plan shall set out the timescales for the delivery of public open space provision across the site and within the context of each geographical phase of development.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
36
All Plot and structural planting, seeding and/or turfing forming part of the approved details of Non-Public Open Space landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or the completion of that part or phase of development to which it relates, whichever is the sooner.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
37
Any plants or trees which within a period of 5 years from completion of each geographical phase 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
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
38
A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public open space and other communal vegetation areas shall be submitted to and approved by the Local Planning Authority prior to the completion of the first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme for the lifetime of the development.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Informatives
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.
It is recommended that any vegetation clearance (includes all ground level vegetation as well as standard trees and scrub) undertaken within the site is conducted outside of the breeding bird season (March – end August inclusive) or in accordance with checking surveys undertaken by appropriately qualified ecologists prior to and during the construction phase of the development.
It is also recommended that whilst fox do not receive a high level of legal protection, it is suggested that fox holes should be carefully dug out rather than filled in or bulldozed to consider the welfare of the animals and enable them to escape should they be present in the holes. Vixens and cubs are most reliant upon a breeding den during spring months therefore, vegetation clearance and infilling of the den should be avoided until later in the year, when cubs have weaned and left the den.
It is further recommended that any external lighting to be installed shall meet the guidance provided by the Institute of Lighting Engineers in their document “Guidance Notes for the Reduction of Light Pollution”, so as to avoid any adverse impact on habitats.
03
It is recommended that the development is designed and built to Secured by Design standards (www.securedbydesign.com). It is advised that:
• The entrances into the development should be marked, by two brick built piers or columns and by a rumble strip across the road surface, this will denote the change of public to semi-public space.
• A number of the house types have blank gable ends these would benefit from having windows in them to provide extra surveillance over the area.
• To prevent access to the rear of the properties a 1.8m high lockable gate should be used as near to the front building line as possible.
• Front and back entrances should be well lit, fitted with bulkhead style light above tamper height operating an LED bulb or similar on a dusk to dawn sensor and providing illumination the BS 5489.
• All front boundaries should be to a maximum height of 1 metre with any trees canopied to two metres.
• All rear boundaries should be 1.8m high to prevent access into rear gardens, and should be of a wooden close boarded construction. In addition, any garage doors should comply with LPS 1175 SR 2.
• For Swinden, Sitwell Houses and retained buildings the communal access doors should be to LPS 1175 SR 2 or better. All communal areas corridors and stairwells should be lit 24/7, although activation on movement sensor may be acceptable.
• Flat doors themselves must comply with PAS 24: 2016.
• I am aware that within the retained buildings there may be some conflict between the requirement for PAS 24: 2016 windows and the current glazing. This can be overcome with the use or addition of internal secondary glazing systems any number of which can be sourced from suppliers on the secure by design website – www.securedbydesign.co.uk.
04
Access for appliances should be in accordance with Approved Document B, Volume 1, part B5, Section 13.
05
Where necessary water supplies should be in accordance with Approved Document B, Volume 1 part, B5 section 14.
06
Subject to Section 55 of the South Yorkshire Act 1980, South Yorkshire Fire & Rescue now have pump appliances with a gross weight of 18 tonnes which is significantly heavier than indicated in ADB 1, section 13.
07
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
08
Listed Building Consent would be required for any subsequent alterations to the listed and curtilage listed buildings which affect their special interests. This would include the attachment of satellite dishes, gas/electricity meter boxes, alarm boxes and other such devices. Please contact the Planning Service for further advice prior to attaching any such devices.
09
The proposed scheme will require three Traffic Regulation Orders for the waiting restrictions and one-way scheme. Please note that these Orders can take up to 12 months to process and it is recommended that the developer starts proceedings as soon as possible.
10
Please note that with regard to condition 38, A Management Plan may be expected to set out, graphically and / or in writing, the overall functional and aesthetic objectives of a landscape scheme and the steps such as legal arrangements including ownership and management responsibilities, planned maintenance tasks, phased works, and monitoring procedures that will be taken after implementation to ensure that the scheme establishes successfully and is sustainable in the long-term.
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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