| 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) and in accordance with all approved documents.
625/02/01
625/02/02
625/02/10 rev F
625/02/12
625/02/20 rev B
625/02/21 rev A
625/02/22 rev A
625/02/23 rev A
625/02/24 rev A
625/02/25 rev B
625/04/10 rev B
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 on drawing no 625/04/10 rev B. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
Prior to the commercial space hereby approved being brought into use as a Class E(b) use or a drinking establishment (use class Sui Generis), a scheme for sound insulation shall be submitted to and agreed by the Local Planning Authority to ensure that there is no loss of amenity to the occupiers of the proposed 5 No. residential apartments hereby approved in the existing building. The scheme shall take account of the ventilation of the room, and the sound insulation shall conform to BS8233: 1999, and be sufficient to prevent noise disturbance from adjoining flats, and between the flats and the commercial use at ground floor.
Reason
To protect future occupiers of the residential properties from any unwanted noise.
05
Prior to the commercial space hereby approved being brought into use for a Class E(b) use, all cooking fumes shall be exhausted from the building via a suitable extraction and/or filtration system. This shall include discharges at a point not less than one metre above the highest point of the ridge of the building or any such position as may be agreed in writing by the Local Planning Authority. The extraction/filtration system shall be maintained and operated in accordance with the manufacturer's specifications, details of which shall be submitted to and approved by the Local Planning Authority prior to installation, and it shall thereafter be operated effectively during cooking. All systems shall take into account the document 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems' published by DEFRA January 2005.
Reason
So as to ensure correct dispersion of cooking odours to avoid disamenity to the locality.
Informative(s)
01
The South Yorkshire Police Architectural Liaison Officer recommends that the development is designed and built to Secured by Design standards. www.securedbydesign.com. They note that:
As these are new dwellings, the development will have to comply with approved document Q, which requires the same security standards as Secured by Design. Therefore, there will be no extra financial cost but it could add significantly to the value of the scheme.
The following recommendations should be included in the design / construction of the proposals:
Lighting
The entrance into the development should be well lit and offer as much natural surveillance to the street scene as possible. Also the communal corridors / stairwell should be lit 24/7.
Security of Dwelling
The communal door into the flats should comply with standard LPS 1175 SR 2 or better and all apartment doors should be to standard PAS 24 of 2016 which is the enhanced security standard approved by Secure by Design and is the standard for approved document Q.
Any curtain wall glazing should also comply with PAS 24:2016.
Each flat should have audio-visual access control for the communal door to allow for visitors.
The proposed link into the Main Street development, for the proposed shared laundry room could potentially reduce the security of the Domine lane development.
02
Gigabit-capable full fibre broadband
The four South Yorkshire Authorities have committed to ensuring that relevant developments are provided with Gigabit-capable full fibre broadband. Please refer to the attached informative in this respect.
03
Steps must be taken to ensure that any future businesses intending to occupy the commercial units do not cause any odour or noise nuisance, or any risk due to fire. This is to protect future tenants of the development from experiencing nuisance or being at risk from fires.
04
It is recommended that the following advice is followed to prevent a nuisance/ loss of amenity to local residential areas. Please note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust. 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 a Magistrates' Court. It is therefore recommended that you give serious consideration to the below recommendations and to the steps that may be required to prevent a noise nuisance from being created.
(i) 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.
(ii) Heavy goods vehicles should only enter or leave the site between the hours of 08:00 - 18:00 on weekdays and 09:00 - 13:00 Saturdays and no such movements should take place on or off the site on Sundays or Public Holidays (this excludes the movement of private vehicles for personal transport).
(iii) Best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Local Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption.
(iv) Effective steps should be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
05
The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required.
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.
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