Conditions / Reason for Refusal: |
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans (as set out below)
(Drawing numbers
Location plan SWTC-HLM-00-00-DR-A-00101 Rev P02
Proposed Site Layout SWTC-HLM-00-00-DR-A-0001 Rev P04
Proposed Site Plan SWTC-HLM-00-00-DR-L-00001 Rev P07
Landscape GA SWTC-HLM-00-00-DR-L-00101 rev 01
Soft Landscape - Planting Schedule SWTC-HLM-00-00-SH-L-45102 Rev P01
Soft Landscape Plan SWTC-HLM-00-00-DR-L-45101 Rev P01
Soft Landscape Strategy SWTC-HLM-00-00-DR-L-45001 Rev P04
Civic Centre elevations SWTC -HLM -01 -00 -DR - A -00301 Rev P01
New Library elevations WTC -HLM -02 -00 -DR - A -00311 Rev P01
Street scene SWTC-HLM-00-00-DR-A-00310 Rev P02
Phasing Plan SWTC-HLM-00-00-DR-A-00000 P01
House types elevations and floor plans
• Garragill 16/D45/38 Rev J
• House type F
• House type F1
• House type E
• House type D1
• House type P
• House type F2
• House type Oxford
• House Type H
• House Type HC
• House Type EC
• House Type D
(received 07/01/2021, 09/06/2021, 25/06/2021, 30/09/2021, 15/07/2022).
Reason
To define the permission and for the avoidance of doubt.
03
The approved scheme will come forward in two phases (a southern area known as phase 1, and a northern area known as Phase 2) as outlined on Drawing No SWTC-HLM-00-00-DR-A-00000 P01’
Reason
In order to allow for the separate commencement of development for each phase of the development.
04
No above ground development for each phase 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 and the NPPF.
Highways
05
When the proposed site access for each phase has been brought into use, the existing access marked on the proposed site layout shall be permanently closed and the footway / kerbline reinstated in accordance with details to be submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway safety.
06
Before each phase of the development is brought into use, that part of the site to be used by vehicles shall be properly 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.
All to the satisfaction of the Local Planning Authority and shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
07
Before each phase of the development is commenced, excluding works of demolition, road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway safety.
08
Prior to the occupation of the first residential unit in each phase, 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.
Construction
09
Following any demolition works and prior to the commencement of constructional works in each phase a Construction Method Statement shall be submitted to and approved in writing by the Council. The Construction 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 demolition/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 proposed hours of demolition/construction on/deliveries to the site;
• details of the quality of soil and its movement and temporary storage during construction; 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 highway safety and residential amenity.
Hours of construction
10
Except in case of emergency, operations should not take place on site other than between the hours of 08:00 - 18:00 Monday to Friday and between 09:00 - 13:00 on Saturdays. There should be no working on Sundays or Public Holidays. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Local Planning Authority should be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
Reason
In order to minimise disruption to neighbours and the surroundings during the construction phase of the development.
11
Prior to the first occupation of each phase a plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed before the dwellings are occupied.
Reason
In the interests of the visual amenity of the area and the amenity of neighbouring residents.
12
Prior to the occupation of each phase, a 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:
- 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 maintenance and a schedule of operations for the lifetime of the development, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme.
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 and in accordance with the Local Plan.
13
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 the Local Plan.
Drainage
14
Above ground development or drainage works for each phase 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. 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.
15
Above ground development or drainage works for each phase 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. 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.
Yorkshire Water
16
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
17
There shall be no piped discharge of surface water from each phase of 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:-
a) evidence to demonstrate that surface water disposal via infiltration or
watercourse are not reasonably practical;
b) evidence of existing positive drainage to public sewer and the current points of connection; and
c) the means of restricting the discharge to public sewer to the existing rate less a minimum 30% reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change.
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.
18
No construction works in the relevant area(s) of the site shall for each phase 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. If the required protection measures are to be achieved via diversion or closure of the water main, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that, prior to construction in the affected area, the approved works have been undertaken.
Reason
In the interest of public health and maintaining the public water supply.
19
Prior to the commencement of development for each phase, a Local Labour Agreement relating to the construction phase of the development shall be submitted to and approved in writing by the Local Planning Authority. The scope of the Agreement shall be agreed in writing prior to submission of the formal document. The development shall thereafter be carried out in accordance with the approved Agreement.
Reason
To improve skills in all of Rotherham’s communities through the promotion of access to training, education and local employment opportunities, in accordance with Policy CS10 ‘Improving Skills and Employment Opportunities’
Electric Vehicle Charging Points
20
Before the electrical system is installed to each phase a scheme detailing the dedicated facilities that will be provided for charging electric vehicles and other ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall meet at least the following minimum standard for numbers and power output:
• One Standard Electric Vehicle Charging Point providing a continuous supply of at least 16A (3.5kW) for each dwelling.
Buildings and parking spaces that are to be provided with charging points shall not be brought into use until the charging points are installed and operational. Charging points installed shall be retained thereafter.
Reason
In the interest of supporting and encouraging low emission vehicles, in the interest of air quality enhancement, to comply with the aims and objectives Chapters 2, 9 and 15 of the National Planning Policy Framework.
Pollution Control
21
In the event that contamination is discovered, all groundworks in the affected area (except for site investigation works) shall cease immediately and the Local Planning Authority shall be notified in writing within 2 working days. Groundworks in the affected area shall not recommence until either:
(a) a Remediation Strategy by a suitably competent person has been
submitted to and approved in writing by the Local Planning Authority or
(b) the Local Planning Authority has confirmed in writing that remediation measures are not required. The Remediation Strategy shall include a timetable for the implementation and completion of the approved remediation measures.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and paragraph nos. 178 and 179 of the National Planning Policy Framework.
22
Following completion of any measures identified in the approved Remediation Strategy a Validation Report for each phase shall be submitted to the Local Planning Authority. No part of the site shall be brought into use until such time as that part of the site has been remediated in accordance with the approved Remediation Strategy and a Validation Report in respect of those works has been approved in writing by the Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and paragraph nos. 178 and 179 of the National Planning Policy Framework.
23
Prior to the occupation of the first residential unit in each phase, details of any external lighting to the development shall be submitted to and approved in writing by the Local Planning Authority, The details shall show how the lighting meets the guidance provided by the Institute of Lighting Engineers in their document ‘Guidance Notes for the Reduction of Light Pollution’. The approved lighting details shall be implemented unless otherwise approved in writing by the Local Authority.
Reason
To protect the amenity of the local residents from any unwanted light.
Demolition Statement
24
Prior to the commencement of demolition works the developer shall submit a written demolition statement for the approval of the Local Planning Authority detailing the means of identification, handling and disposal of any asbestos containing materials (ACM) found in the library. Work on site shall thereafter only be carried out in accordance with a contractor licensed by the Health and Safety Executive.
Reason
To protect the local amenity from any activities associated with the removal of asbestos containing materials (ACM).
Communication
25
Details of measures to facilitate the provision of gigabit-capable full fibre broadband for each phase of 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.
Informatives
Yorkshire Water
1) The submitted drainage layout drawings 45619/001 revision A & 45619/002 revision A, both dated 27/05/2021 indicates a proposed surface water discharge rate for the entire site of 10 (ten) litres per second, whilst no evidence has been submitted to discount other means of surface water disposal and, as a last resort, existing positive connectivity to the public sewer network.
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, and upon receipt of satisfactory evidence to confirm the reasons for rejection of other methods of surface water disposal, curtilage surface water may discharge to public sewer. Surface water discharges to the public sewer must have a minimum of 30% reduction based on the existing peak discharge rate during a 1 in 1 year storm event.
The developer will be required to provide evidence of existing positive drainage to a public sewer from the site to the satisfaction of Yorkshire Water and the Local Planning Authority by means of physical investigation. On-site attenuation, taking into account climate change, will be required before any discharge to the public sewer network is permitted. The developer and LPA are strongly advised to seek comments on surface water disposal from other drainage bodies as further restrictions may be imposed.
2) Development of the site should take place with separate systems for foul and surface water drainage. The separate systems should extend to the points of discharge to be agreed.
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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