| Conditions / Reason for Refusal: |
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 05, 07, 09 & 10 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 05, 07, 09 & 10 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 and as shown on the approved plans (as set out below)
• Proposed Site Plan HR16 – 2
• Proposed Plans and Elevations HR16-3
Reason
To define the permission and for the avoidance of doubt.
03
No above ground development 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
04
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 in accordance with Local Plan Policy.
05
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 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 on a scaled plan (1:200).
• 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.
06
The development shall be undertaken in accordance with submitted Tree survey and Method Statement which shall be followed sequentially with the exception of points 2 and 3 which do not require implementation.
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.
07
No development shall commence until;
a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past shallow coal mining activity; and
b) 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
The coal mining legacy potentially poses a risk to the proposed development and that investigations are required, along with possible remedial measures, in order to ensure the safety and stability of the proposed development in accordance with Local Plan policies.
08
Prior to the occupation of the development, or it 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 methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.
Reason
The coal mining legacy potentially poses a risk to the proposed development and that investigations are required, along with possible remedial measures, in order to ensure the safety and stability of the proposed development in accordance with Local Plan policies.
09
Prior to the commencement of the development, a Phase II Intrusive Site Investigation (complete with gas risk assessment/gas monitoring) 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 shall be produced. The written report shall be submitted to and approved in writing by the Local Planning Authority.
The above should be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ 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
10
Subject to the findings of Condition 09 above and prior to commencement of the, a Remediation Method Statement shall be submitted and approved in writing 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.
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
11
Subject to findings of Condition 09 above, if gas protection measures are identified as being required, then details of ventilation measures/gas protection membrane to be used and how it will be incorporated into the building design will need to be provided. The gas protection measures installed will need to be inspected and verified and a detailed Gas Verification Report shall be submitted and approved in writing 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
12
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
13
Following completion of any remedial/ground preparation works a Validation Report should be submitted to and approved in writing by the Local Planning Authority. 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.
14
Details of electric vehicle charging point and the timetable for its 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.
Informative
01
The applicant is requested to note that Permission is required from the Coal Authority Permit and Licensing Team before undertaking any activity, such as ground investigation and ground works, which may disturb Coal Authority property, i.e. coal seams and associated workings. Should any previously unrecorded mine entry be encountered during development, appropriate treatment of the feature will be required, in accordance with a Coal Authority Permit.
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
Please see the attached note from Superfast South Yorkshire regarding the
Broadband provision
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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