Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2021/0199
Site Address: Advanced Manufacturing Park land south of Whittle Way Catcliffe 9999
Description: Outline application for the construction of up to 22,482.6 sqm of flexible employment floorspace (use class B2, B8 & E (offices & light industry)) with all matters reserved except for access
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 06 July 2021
Decision Date: 23 July 2021
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Committee
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 02 20 25 30 33 & 34 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 02 20 25 30 33 & 34 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 a. Application for approval of reserved matters must be made within three years of the date of this permission. b. The development hereby approved must be begun not later than whichever is the later of the following dates: I. The expiration of five years from the date of this permission; OR II. The expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. Reason In order to comply with the requirements of the Town and Country Planning Act1990. 02 Before the commencement of the development, details of the layout, scale, appearance and landscaping shall be submitted to and approved by the Local Planning Authority and the development shall be carried out in accordance with the approved details. Reason No details of the matters referred to having been submitted, they are reserved For the subsequent approval of the Local Planning Authority. 03 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 13204-3-100 Rev C • Proposed Site Plan 13204-3-111 Rev H • Proposed Parameters Plan 13204-30-109 Rev C • Highway General Arrangements WAV-TTE-00-XX-DR-C-PL.0 Rev P01 Reason To define the permission and for the avoidance of doubt. GENERAL 04 The development hereby approved shall be used for uses within Use Class B2, B8 and E(g) only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, 1987). Reason The premises are not considered suitable for general use within the Class quoted as relevant supporting evidence has not be considered as part of the application process. 05 No buildings shall exceed the maximum height limits within each area as indicated on the proposed parameters plan Ref 13204-3-109 Rev C. Reason To ensure a satisfactory form of development and in the interests of residential amenity of nearby properties 06 No above ground development shall take place within each phase as identified on plan ref: 13204-3-118 Rev D until details of the materials to be used in the construction of the external surfaces of the development of that phase 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 of that area or sub area 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 Policy SP55 Design Principles. TRANSPORT 07 Before the development of each plot is brought into use, that part of the plot 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. 08 Car parking and cycle parking shall be provided within the curtilage of each plot in accordance with the Council’s maximum car parking standards. Reason In the interests of highway safety. 09 Before the development of each plot is commenced road sections, constructional and drainage details for that Area or Sub-Area 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. 10 Prior to the submission of the first Reserved Matters application, details of a pedestrian/cycle link to the existing cross border route along the south western boundary of the site and a timetable for its implementation shall be submitted and approved by the Local planning Authority. The approved link shall be provided in accordance with the approved timescale for implementation. Reason In order to promote sustainable transport choices. 11 Prior to the submission of the first Reserved Matters application, an amended Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority and Highways England. The plan shall include clear and unambiguous objectives, modal split and peak hour vehicle targets together with a programme of implementation, monitoring, validation and regular review and improvement but also include details of the method(s) of mitigation to be used if the agreed targets are not met. The Local Planning Authority shall thereafter be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as time tabled in the monitoring programme. Once the Travel Plan has been agreed in writing it shall be implemented in full for the lifetime of the development. Reason In the interests of the safe and efficient operation of the Strategic Road Network. DRAINAGE 12 The development shall be carried out in strict accordance with the details shown on the submitted plan, ‘Flood Risk and Drainage Assessment prepared by WYG (Third Issue dated 23/03/2021)’, unless otherwise agreed in writing with the Local Planning Authority. Reason In the interest of satisfactory and sustainable drainage 13 No above ground development shall commence until a drainage strategy considering the drainage for the whole site and a foul and surface water drainage scheme for the site, shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall be based on sustainable drainage principles. The scheme shall include the construction details and shall subsequently be implemented in accordance with the approved details before the development is first brought into use. Until the approved scheme has been fully implemented, temporary arrangements shall be put in place to limit foul discharge to rates agreed by Yorkshire Water and surface water runoff to the approved discharge rates, based on the area of site currently developed. 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 greenfield rates (i.e. maximum of 5 litres/second/Ha); • The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus a 40% 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. 14 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 Policies CS25 ‘Dealing with Flood Risk and SP47 Understanding and Managing Flood Risk 15 Notwithstanding the submitted documents, no above ground development shall commence until an updated Flood Risk Assessment based on existing flood risk, proposals to mitigate flood risk and sustainable drainage principles for the development, has been submitted to and approved in writing by the Local Planning Authority. Reason To ensure that the development can be properly drained in accordance with Policies CS25 ‘Dealing with Flood Risk and SP47 Understanding and Managing Flood Risk 16 Notwithstanding the submitted documents, no above ground development shall commence within each phase of the development identified on plan ref: 13204-3-118 Rev D until a flood route drawing has been submitted to and approved in writing by the Local Planning Authority. 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. Reason To ensure that the development can be properly drained in accordance with Policies CS25 ‘Dealing with Flood Risk and SP47 Understanding and Managing Flood Risk LANDSCAPE TREES AND ECOLOGY 17 Prior to the submission of any reserved matters in relation to this outline consent a Landscape Design Code shall be provided which clearly sets out the key principals, planting strategy and design instructions for the on plot landscaping of the above development, including consideration to the design of previous phases. The design Code shall include information on the hierarchy of landscape and boundary treatments, indicative species lists, hard landscape treatments such as paving, seating, lighting or other furniture, and suds features proposed. All subsequent applications for the approval of reserved matters for individual plots or groups of plots, shall have regard to the details within the approved Landscape Design Guide, in the preparation of landscape proposals and shall include a detailed planting plan. Such plans shall be prepared to a minimum scale of 1:200 and shall clearly describe: - 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 Policy CS21 Landscape. 18 Prior to the submission of any reserved matters in relation to this outline consent a detailed scheme of advance structure planting to the perimeter of the site including a minimum 5m wide screen planting buffer to Highfield Spring shall be submitted to and approved in writing by the Local Planning Authority. Such plans shall be prepared to a minimum scale of 1:200 and shall clearly describe: - The proposed species, siting, quality and size specification, and planting distances. Cross sections to demonstration the height and width of such buffers. - A written specification for ground preparation and soft landscape works. - 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 said planting shall thereafter be implemented in accordance with the approved details within the first planting season following commencement of development. 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 Policy CS21 Landscape. 19 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 Policy CS21 Landscape. 20 No operations shall commence on site in connection with the development hereby approved until a suitable scheme of proposed tree planting and tree pits have been submitted in relation to the Structure Planting along Highfield Spring to and approved by the Local Planning Authority. All subsequent reserved matters shall also 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. 21 All subsequent applications for the approval of reserved matters shall be accompanied by details of a sensitive lighting scheme where applicable which avoids lighting the scattered trees and parkland to the west and south of the Site. The principles of this scheme shall be developed using guidance contained within Appendix 2 of the submitted Bat Assessment Survey and shall thereafter be implemented and retained for the lifetime of the development. Reason To ensure the development is carried out in an appropriate manner and to protect local nature conservation in accordance with Policy CS20 ‘Biodiversity and Geodiversity’ and relevant guidance contained within the NPPF. 22 All subsequent applications for the approval of reserved matters shall be accompanied by proposals for the creation of long term bird and bat roosting opportunities which shall be integrated or externally mounted on the new buildings hereby approved. The approved scheme shall thereafter be implemented for the lifetime of the development. Reason To ensure the development is carried out in an appropriate manner and to protect local nature conservation in accordance with Policy CS20 ‘Biodiversity and Geodiversity’ and relevant guidance contained within the NPPF. ENVIRONMENTAL 23 All subsequent applications for the approval of reserved matters shall include a scheme to provide electric vehicle charging points within the car parks in accordance with Supplementary Planning Document 2 ‘Air Quality and Emissions’ and the approved scheme shall be implemented before the development is occupied. Reason In order to promote sustainable transport choices. 24 No part of the land other than that occupied by buildings shall be used for the permanent storage of goods, components, parts, waste materials or equipment without the prior written approval of the Local Planning Authority. Reason To prevent the land from becoming unsightly in the interests of visual amenity and in accordance with Policy CS 28 Sustainable Design 25 Prior to commencement of development, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority where relevant, detailing the following: • Wheel washing facilities • Hours of operation/construction • Details of any lighting • Methods to control dust emissions • Noise levels and specifications of reversing alarms fitted to vehicles • Contact name and telephone number of Officer responsible for immediate investigation of complaints, and such further matters as the Local Planning Authority may consider necessary. The construction shall thereafter be carried out at all times in accordance with the approved details. Reason In the interests of the amenity of the locality and in accordance with Policy SP52 Pollution Control. 26 Each and every 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. 27 All subsequent applications for the approval of reserved matters shall include a report from a specialist noise consultant or suitably qualified person, to assess the impact of this additional noise source on nearby residential properties. The report shall be conducted in accordance with BS4142:2014 + A1:2019, and shall address any remedial works that need to be carried out in order to mitigate any adverse impact on nearby noise sensitive receptors. The approved details shall be implemented on site prior to the first occupation of each building. Reason In the interests of the amenity of the locality and in accordance with of Policy SP52 Pollution Control. 28 During the hours of 07.00 to 23.00, the BS4142 rating level, measured over 1 hour, shall not exceed the background sound level by more than 3dB above the background (LA90) at the nearest noise sensitive properties. During the hours of 23.00 to 07.00 the BS4142 rating level, measured over 5 minutes shall not exceed the background sound level by more than 3dB above the background (LA90) at the nearest existing noise sensitive properties. Reason In the interests of the amenity of the locality and in accordance with of Policy SP52 Pollution Control. 29 All subsequent applications for the approval of reserved matters shall include a report on the potential for vibration from industrial machinery to affect neighbouring businesses or residential properties. The report shall address any remedial works that need to be carried in order to avoid any adverse impact on nearby noise sensitive receptors. Reason In the interests of the amenity of the locality and in accordance with of Policy SP52 Pollution Control. 30 Prior to development commencing further Intrusive Site Investigation works shall be undertaken in accordance with the recommendations made in section 6.0, page 33 of the report entitled ‘Preliminary Risk Assessment and Coal Mining Risk Assessment – at Land off Whittle Way, Advanced Manufacturing Business Park’ - prepared by RSK Environment Ltd, dated 12 October 2020, reference 350391-R01 (01). The investigation and subsequent risk assessment must be undertaken by competent persons the investigation and subsequent development must be undertaken in compliance with Construction Industry Research and Information association publication C758D ‘Abandoned mine workings manual’ where applicable. A report detailing the findings of the investigation and any recommended mitigation shall be submitted for approval in writing by the Local Planning Authority, and the development thereafter shall be carried out in accordance with the approved details. Reason To ensure that risks from land contamination and land stability 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 In relation to Condition 30 all subsequent applications for the approval of reserved matters shall include, details of how the layout of the development has taken account of the location of the surface mining highwall, where this is necessary. Reason To ensure that risks from land stability to the future users of the land and neighbouring land are minimised 32 No development shall commence until; a) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. Reason To ensure that risks from land stability to the future users of the land and neighbouring land are minimised 33 Prior to the development being taken into beneficial use a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Reason To ensure that risks from land stability to the future users of the land and neighbouring land are minimised 34 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 35 In the event that gas protection measures are required, a Detailed Design Report for Gas Mitigation Measures shall be provided and shall comprise details of gas conceptualisation (severity of gas regime and sensitivity of land use), building and construction related details such as floor slabs, wall construction, ground conditions, venting, gas membrane product specification, gas membrane installation methodology and installer qualifications/relevant experience. The gas protection measures designed will be sufficient to mitigate against the risk of potential ground gas. 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 36 Installation of the gas protection measures are to be verified to confirm the gas mitigation measures constructed/installed meet the required standards. Inspection reports for each unit will need to be submitted and 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 37 If subsoil/topsoil is required to be imported to site for remedial works/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 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 38 Prior to development suitable water supply pipes will need to be specified and approved in writing by the Local Planning Authority to ensure resistance from chemical attack from residual contaminants remaining in the ground. 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 39 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. 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 40 Following completion of any required remedial/ground preparation works a Verification Report shall be submitted to and approved by the Local Planning Authority. The Verification 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 verification 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 verification 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 TELECOMMUNICATIONS 41 All subsequent applications for the approval of reserved matters shall include details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, including a timescale for implementation, which 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 INFORMATIVE Please note that this permission relates to a flexible/mixed use development. Under Class V of Part 3 of Schedule 2 of the General Permitted Development (England) Order 2015, the above mentioned uses can be interchanged over a 10 year period (starting upon commencement of the first use). However, you should note that at the end of 10 years whichever use is in operation will become the established lawful use of the site/building and subsequent changes of use may require planning permission. Yorkshire Water Waste Water 1) The submitted Flood Risk and Drainage Assessment prepared by WYG (Report dated October 2020) is acceptable. In summary, the report states that foul water will discharge to public foul sewer network and that surface water will discharge to private surface water drain upstream of discharge to watercourse subject to LLFA requirements. 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. NOTE: Foul water from kitchens and/or food preparation areas of any restaurants and/or canteens etc. must pass through a fat and grease trap of adequate design before any discharge to the public sewer network. Environment Agency The development site is located on an historic landfill site. We hold the following details about the site on our records: Waverley East Opencast Coal Site was licensed to accept steelworks waste, electrostatic precipitation waste, solids and sludges, roof extraction dust, acid neutralisation plant waste and residue, oily sludge, slag dust slurry, paper, cardboard, plastic cups, slag, refractory bricks and general debris. It accepted waste between 1977 and 1993. Given the nature of the waste accepted and the time since waste was last deposited, it is unlikely that the site poses a risk of landfill gas being generated, but this cannot be ruled out on the basis of the information we hold. The developer may wish to carry out, or the planning authority may wish to require, a suitable risk assessment SYMAS In the case of further stabilisation works being required, then the condition will not be discharged until details of such works have also been submitted. Responsibility for securing a safe development rests with the developer and/or landowner Coal Authority Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications. Failure to obtain permission will result in trespass, with the potential for court action. In the event that you are proposing to undertake such work in the Forest of Dean local authority area our permission may not be required; it is recommended that you check with us prior to commencing any works. Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at:www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property Disclaimer The above consultation response is provided by The Coal Authority as a Statutory Consultee and is based upon the latest available data on the date of the response, and electronic consultation records held by The Coal Authority since 1 April 2013. The comments made are also based upon only the information provided to The Coal Authority by the Local Planning Authority and/or has been published on the Council's website for consultation purposes in relation to this specific planning application. The views and conclusions contained in this response may be subject to review and amendment by The Coal Authority if additional or new data/information (such as a revised Coal Mining Risk Assessment) is provided by the Local Planning Authority or the Applicant for consultation purposes. In formulating this response The Coal Authority has taken full account of the professional conclusions reached by the competent person who has prepared the Coal Mining Risk Assessment or other similar report. In the event that any future claim for liability arises in relation to this development The Coal Authority will take full account of the views, conclusions and mitigation previously expressed by the professional advisers for this development in relation to ground conditions and the acceptability of development. POSITIVE AND PROACTIVE STATEMENT Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification

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