|Conditions / Reason for Refusal:
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
In order to comply with the requirements of the Town and Country Planning Act 1990.
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)
JBA.4023, received 22 April 2021
JBA.4023.101, received 22 April 2021
JBA.4023.102, received 22 April 2021
JBA.4023.103, received 22 April 2021
JBA.4023.104, received 22 April 2021
JBA.4023.105, received 22 April 2021
JBA.4023.107, received 13 July 2021
To define the permission and for the avoidance of doubt.
No development above ground level 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.
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
No dwelling shall be occupied until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment as approved shall be completed before the first dwelling is occupied and shall thereafter be retained and maintained.
In the interests of the visual amenity of the area.
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.
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.
Prior to the occupation of each dwelling, details of one vehicle charging point per dwelling shall be submitted to and approved by the local planning authority. The dwelling shall not be occupied until the charging point has been provided and shall thereafter be retained.
In the interests of sustainable development and air quality.
The vehicular access to the adjoining land at the rear of 52 and 54 Goose Lane, as shown on the approved layout plan JBA.4023.107, shall be provided and thereafter retained/maintained and shall not be incorporated into the garden areas of the proposed dwellings.
To allow for access through to the adjoining land and the comprehensive development of this backland area, in accordance with Local Plan Policy.
Notwithstanding the layout plan submitted with the application, a suitable scheme of proposed tree planting and tree pits shall be submitted to and approved by the Local Planning Authority prior to the first use of the development hereby approved. 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:
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.
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.
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees and hedgerows in accordance with the details supplied in the ‘Tree Survey.pdf’ report has been installed on site and approved in writing by the Local Planning Authority.
All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity.
Details of the proposed means of disposal of foul and surface water, including details of any off-site work and on site attenuation of surface water flows, shall be submitted to and approved by the Local Planning Authority and the development shall not be brought into use until such approved details are implemented.
To ensure the development can be properly drained.
In the event that during development works unexpected significant contamination is encountered at any stage, 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.
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.
The window(s) on the elevation of the west facing side elevation at first and second floor shall be obscurely glazed and fitted with glass to a minimum industry standard of Level 3 obscured glazing and be non-openable, unless the part(s) of the window(s) which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The window(s) shall be permanently retained in that condition thereafter.
In the interests of the amenities of the occupiers of adjoining properties.
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.
It is recommended that the development is designed and built to Secured by Design standards. www.securedbydesign.com
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.