| Conditions / Reason for Refusal: |
Conditions
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)
2131/04/LP1 Rev A, received 16 December 2020
2131/04/P1 Rev E, received 4 May 2021
2131/04/P2 Rev D, received 16 December 2020
2131/04/P3 Rev G, received 4 May 2021
2131/04/P5, received 16 December 2020
2131/04/P6, received 16 December 2020
2131/04/P7 rev B, received 31 March 2021
P20-01065-MET-M2-C-001 Issue 2, received 16 December 2020
3690/2 Rev D, received 2 March 2021
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/shown on drawing no 2131/04/P1 Rev D. 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.
Highways
04
The development shall not be brought into use until the EV Charging Points as shown on 2131/04/P3 rev G have been implemented.
Reason
To ensure the provision of satisfactory parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
05
Prior to the development being brought into use, the existing accesses to Bramley Way and Braithwell Way shall be permanently closed and the kerbline/footway reinstated in accordance with details which shall have been submitted to and approved by the Local Planning Authority.
Reason
In the interests of road safety.
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 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.
07
The measures contained in the Framework TP shall be fully implemented during the lifetime of the development.
Reason
In order to promote sustainable transport choices.
08
The development shall not be brought into use until the footway/cycle as shown on 2131/04/P3 rev G (hatched blue) between the adopted turning head at Bramley Way and Hellaby Lane has been implemented.
Reason
In order to promote sustainable transport choices.
Sustainability
09
The building hereby approved shall be designed to achieve BREEAM Very Good rating as a minimum. Prior to the commencement of the development of each building a BREEAM Assessors report shall be submitted to and approved in writing by the Local Planning Authority. The building shall subsequently be developed in accordance with the approved details.
Reason
To achieve a sustainable form of development in accordance with the NPPF.
Landscapes
10
Prior to any above ground development taking place, and notwithstanding the details already submitted, an updated, detailed landscape scheme 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 and 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.
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 for the lifetime of
the development and a schedule of operations.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in accordance with the appropriate standards and codes of practice 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.
11
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. 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.
Trees
12
No work or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations This shall be positioned in accordance with details as shown on the submitted plan (ref: 3690/2 rev D). The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherhams environment, air quality and adapting to and mitigating climate change.
13
The development shall not be brought into use until a suitable scheme of proposed tree planting and tree pits have been submitted to and approved by the Local Planning Authority. 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:
Plans detailing adequate soil volume provision to allow the tree to grow to maturity
Engineering solutions to demonstrate the tree will not interfere with structures (e.g. root barriers/deflectors) in the future
Staking/tying method(s).
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.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherhams environment, air quality and adapting to and mitigating climate change.
Drainage
14
Development shall be carried out in accordance with the following drawings and calculations:
Drainage Plan Option 1 (P20-01065-MET-M2-C-021 Issue 1)
Calculations (P20-01065-MET-CA-C-002)
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF.
15
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.
Reason
To prevent pollution of any watercourse in accordance with the Local plan and the NPPF.
Land Contamination
16
In the event that gas protection measures are required for any new builds 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 forwarded to this Local Authority for review and comment.
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
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.
18
If subsoil/topsoil is required to be imported to site for areas of soft landscaping, 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.
Informative(s)
01
The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required.
02
You should note that the Councils 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 minimising dust and preventing mud, dust and other materials being deposited on the highway.
03
The SY Police ALO recommends that the scheme is built out to Secured by Design standards (www.securedbydesign.com). It is advised that the following is incorporated in to the building and wider site:
Defensible Space It would be beneficial for any fencing surrounding this development to be Weld mesh type fencing and to profile 358, as should any gates.
Security of Building All external doors, windows and Roller Shutters must meet one of the following:
o PAS 24:2016
o LPS 1175 SR 2
o STS 201 or STS 202 BR2
All entrances should be well lit.
All windows used at ground floor level and any curtain wall glazing must be laminated to 6.8 m or P1A.
Vehicle Parking The Car Parks should be well lit with a scheme equivalent to BS 5489 with no dark areas, all landscape should be kept low to aid surveillance.
04
Severn Trent Water advise that although our statutory sewer records do not show any public sewers within the area you have specified, there may be sewers that have been recently adopted under, The Transfer Of Sewer Regulations 2011. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the building.
05
The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
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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