| Conditions / Reason for Refusal: |
Conditions
Article 35 of the Development Management Procedure Order 2015 requires that,
where planning permission is granted subject to conditions, the decision notice
must state clearly and precisely the full reasons: (i) for each planning condition;
and (ii) in the case of each pre-commencement condition, for the condition being a
pre-commencement condition. The reasons for each condition are provided below.
Conditions numbered 07, 12, 13 & 14 of the full permission are pre-commencement
conditions (since they require matters to be approved before development works
begin). These are justified as being pre-commencement condition 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 conditions number 07, 12, 13 & 14 of the full permission
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.’
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)
• Location Plan 01
• Proposed Site Plan 02 Rev A
• Proposed Elevations (front and side) 04 Rev A
• Proposed Elevations (rear and side) 05 Rev A
• Floor Plans 03 Rev A
• Streetscene 06 Rev A
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 in the design and access statement. The development shall thereafter be carried out in accordance with these details.
Reason
To ensure that appropriate materials are used in the construction of the
development in the interests of visual amenity and in accordance with Local Plan
Policies and the NPPF.
04
The boundary treatment details shown on the approved plans shall be provided on site prior to the occupation of the development.
Reason
In the interests of the visual amenity of the area and in accordance with Local Plan Policy.
05
Details of the numbers and locations of bird boxes shall be submitted and approved in writing by the Local Planning Authority, and the approved details shall be implemented prior to first occupation.
Reason
In the interest of biodiversity and in accordance with Local Plan Policies.
06
Any excavation works required shall be carried out in accordance with BS 5837 2012: Trees in relation to design, demolition and construction, as detailed within the with submitted JCP Arboriculture Ltd BS 5837 Survey reference DBD/JCP dated 18th July 2019.
Reason
This is help to prevent any root damage occurring during the construction phase of the development and in accordance with Local Plan policies.
07
No construction works in the relevant area(s) of the site shall commence until
measures to protect the public water supply infrastructure that is laid within the site
boundary have been implemented in full accordance with details that have been
submitted to and approved by the Local Planning Authority. The details shall include
but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times.
Reason
In the interest of public health and maintaining the public water supply.
08
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 and to ensure that the development can be properly drained in accordance with Local plan Policies.
09
Before the development is 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.
10
Before the commencement of any above ground development road sections, constructional and drainage details in relation to the footway widening 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.
11
Details of electric vehicle charging points for each dwelling and the timetable for their provision shall be submitted and approved by the Local Planning Authority. The approved details shall be implemented in accordance with the agreed timetable.
Reason
To promote sustainability in accordance with the Local Plan and the NPPF.
12
Prior to development commencing, a Phase II Intrusive Site Investigation shall be undertaken to assess the geotechnical and geo-environmental constraints at the site. The investigation and subsequent risk assessment shall be undertaken by competent persons and a written report of the findings must be produced and shall be submitted to an 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 (LCRM) Guidance, 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.
13
Prior to development commencing a detailed Coal Mining Risk Assessment Report must be completed and submitted and approved in writing by the Local Planning Authority. Should the report identify that further intrusive investigation and remedial works are required, then these works shall be undertaken in accordance with the recommendations of that report.
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 in condition 12 above and prior to development commencing, a Remediation Method Statement shall be submitted and approved 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. 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 Planning 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 unforeseen 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 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, 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 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 shall be submitted to and approved by the Local Planning 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 Planning 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.
Informative(s)
01
Tree and scrub removal should be undertaken outside the bird nesting season to avoid disturbing nesting birds, their eggs, fledglings, etc and committing a crime under the Wildlife & Countryside Act 1981. Any trees or shrubs removed should be replaced by native broad-leaved species on a like-for-like basis. Where possible, native broad-leaved tree and shrub species should be retained.
02
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.
03
Prior to commencing work on site to widen the footway Bob Wright in the Highways team should be contacted on 01709822829.
04
Broadband provision
Please see the attached note from Superfast South Yorkshire regarding the Broadband provision
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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