| 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. Condition number 29 of this permission requires matters to be approved before development works begin; however, in this instance the condition is 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 number 29 is 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 Act 1990.
02
Before the commencement of the development, details of the access, layout, scale,
appearance and landscaping of the site, along with access details within the site,
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 and as shown on the approved plans (as set out below)
• Location Plan 2914-CDA-SP-SL-DR-A-0905 Rev E
• Residential Site Plan OLIV-CDA-SP-SL-DR-A-0906 Rev K
Reason
To define the permission and for the avoidance of doubt.
GENERAL
04
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, and the details 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
05
No above ground development shall take place 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 and a timetable for its erection. The boundary treatment shall be completed in accordance with the approved timescales.
Reason
In the interests of visual amenity and in accordance with Local Plan Policies
06
All subsequent applications for the approval of reserved matters shall include a schedule of bin and cycle stores to include details of their positions, design, materials, and a timetable for their erection. The approved bin and cycle stores shall be completed in accordance with the approved timescales.
Reason
In the interests of visual amenity and in accordance with Local Plan Policies
07
The submission of any reserved matters application pursuant to this outline permission, shall include a schedule of the mix of market and affordable dwellings proposed within that parcel demonstrating how the proposed mix relates to the overall mix of market dwellings within the development site as a whole, taking into account the indicative mix of dwellings detailed within the Design and Access Statement
Reason
To ensure that the overall mix of dwellings across the site as a whole is based on the indicative housing mix stated in the Design and Access Statement, which seeks to ensure development contains a mix of residential units providing accommodation in a range of types, sizes and affordability, to meet local needs in compliance with Policy CS7 Housing Mix & Affordability
TRANSPORTATION
08
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 in accordance with Supplementary Planning Document 2 ‘Air Quality and Emissions’
AMENITY
09
All subsequent applications for the approval of reserved matters shall include a Construction Environmental Management Plan (CEMP) to describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction related activities. This should also include suitable restrictions on the hours of working on the site including times of deliveries.
• Dust arising from all construction related activities.
• Mud on road via wheel washing facilities
• Artificial lighting used in connection with all construction related activities and security of the construction site.
The approved plan shall be adhered to throughout the construction of the development.
Reason
In the interests of the amenity of the locality and in accordance with Local Plan Policies
10
All subsequent applications for the approval of reserved matters shall include a report specifying the measures to be taken to protect the proposed residential development from noise from all significant noise sources (as identified in the noise impact assessment dated 21st July 2021) that are likely to affect the proposed development.
The report shall:
a) Confirm the existing noise climate (based on the noise impact assessment dated 21st July 2021)
b) Predict the noise climate in gardens (daytime), bedrooms (night-time) and other habitable rooms of the development once a detailed layout plan has been finalised
c) Detail the proposed attenuation/design necessary to protect the amenity of the occupants of the new residences (including ventilation and overheating if required).
The development shall not be occupied until all works specified in the approved report have been carried out in full and such works shall be thereafter retained.
Reason
To safeguard the amenities of the future occupiers of the properties in accordance with Local Plan Policy SP52 and parts 12 & 15 of the NPPF.
11
All Subsequent applications for the approval of reserved matters on Plot 1 shall include details of, and a timetable for the removal of the existing play space on the application site and the provision of a Local Area of Play (LAP). The approved details shall be implemented on site in accordance with the approve timetable.
Reason
To ensure the provision of the open space, and to protect the amenity of future residents of the site.
12
All subsequent applications for the approval of reserved matters shall include a buffer zone of 5 m between the activity zone within the proposed LAP on site and the nearest dwelling.
Reason
To protect the residential amenity of the future residents of the site.
LANDSCAPE, TREES AND ECOLOGY
13
All subsequent applications for the approval of reserved matters shall include a tree survey in accordance with BS 5837:2005 Trees in Relation to Construction Recommendations section 4.2 to 4.5.to include all the existing trees on and adjacent to the site that may be affected by any development and the following details;
1. Reference number (to be recorded on the tree survey plan to a scale and level of accuracy appropriate to the proposal);
2. Species (common and scientific names, where possible);
3. Height in metres;
4. Stem diameter in millimeters at 1.5 m above ground level (on sloping ground to be taken on the upslope side of the tree base) or immediately above the root flare for multi-stemmed trees;
5. Branch spread in metres taken at the four cardinal points to derive an accurate representation of the crown (to be recorded on the tree survey plan);
6. Height in metres of the crown clearance above adjacent ground level (to inform on ground clearance , crown stem ratio and shading);
7. Age class (young, middle aged, mature, over-mature, veteran);
8. Physiological condition (e.g. good, fair, poor, dead);
9. Structural condition, e.g. collapsing, the presence of any decay and physical defect;
10. Preliminary management recommendations, including further investigation of suspected defects that require more detailed assessment and potential wildlife habitat;
11. Estimated remaining contribution in years (e.g. less than 10, 10-20, 20-40, more than 40)
12. R or A to C category grading (see table 1) to be recorded and indicated on the tree survey plan
In addition the following details shall also be submitted for consideration and approval.
• root protection areas (RPA)
• a tree constraints plan (TCP)
• construction exclusion zones
• tree protection plan (TPP)
• arboricultural implication assessment (AIA)
• arboricultural method statement (AMS)
• existing and proposed contours and levels
Reason
In order that the Local Planning Authority may consider the desirability of retaining trees in the interests of amenity and in accordance with relevant Local Plan Policies.
14
No tree shall be cut down, uprooted or destroyed nor shall any tree be pruned other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any pruning works approved shall be carried out in accordance with British Standard 3998 (Tree Work). If any tree is removed, uprooted or destroyed or dies, another tree shall be planted in the immediate area and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.
Reason
In the interests of the visual amenities of the area and in accordance with relevant Local Plan policies.
15
All applications for the approval of reserved matters shall have regard to the most current Highfield Commercial Masterplan framework document and shall include detailed planting plans. 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 (including replacement planting for the first 5 years) and a schedule of operations that will be carried out for the lifetime of the development.
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 relevant Local Plan Policies.
16
All subsequent applications for the approval of reserved matters shall be accompanied by proposals for the provision of bird boxes, 23 on Plot 1 and 7 on Plot 2, to comprise a mix of sparrow terraces, swift boxes and small bird boxes be integrated into the northern or eastern elevations of the identified dwellings. The approved details shall be provided in the identified dwellings prior to the occupation of that dwelling and maintained 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 Local Plan Policy.
17
All subsequent applications for the approval of reserved matters shall be accompanied by proposals for the inclusion of a hedgehog highway through the gardens of the dwellings. The approved details shall be implemented on each plot prior to the occupation of that plot and maintained 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 Local Plan policy.
DRAINAGE
18
The development shall be carried out in accordance with the details shown on the
submitted plan, "Flood Risk Assessment prepared by B & E Design (Oliv-BED-ST-00-RP-C-0001 revision P04), dated March 2021", unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage
19
The site shall be developed with separate systems of drainage for foul and surface
water on and off site. The separate systems should extend to the points of discharge to be agreed by the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage
20
Notwithstanding the submitted documents, at reserved matters stage an updated Flood Risk Assessment based on existing flood risk, proposals to mitigate flood risk and sustainable drainage principles for the development, shall be submitted to and approved in writing by the Local Planning Authority. Construction of roads or dwellings shall not begin until such approval has been received.
Reason
To ensure that the development can be properly drained and will be safe from flooding in accordance with the Local plan and the NPPF.
21
Notwithstanding the submitted documents, at reserved matters stage a flood route drawing for each of the phases identified on the attached phasing plan shall be 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. Construction of roads or dwellings shall not begin until such approval has been received.
Reason
To ensure that the development can be properly drained and will be safe from flooding in accordance with the Local plan and the NPPF.
ENVIRONMENTAL
22
Prior to above ground works commencing, a Detailed Design Report for Gas Mitigation Measures shall be submitted and approved by the Local Planning Authority in accordance with section 6.4.4 (recommended ground gas protection measures), pages 27 and 28 of the report entitled ‘Phase 2 Geo- Environmental Site Assessment – Olive Lane, Waverley’ - prepared by RSK Environment Ltd, dated May 2021, reference 350396-R02 (00).
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.
23
Installation of the gas protection measures shall be verified in accordance with the approved Detailed Design Report for Gas Mitigation Measures and a Verification report shall be submitted to 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.
24
If 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.
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.
25
Due to elevated sulphate concentrations being detected, buried concrete for the site should be designed to a design sulphate classification of DS-2 for made ground, with a corresponding ACEC class of AC-2. The design sulphate classification used will be evidenced within a Verification Report for the site to be submitted and approved by the Local Planning Authority before the development is brought into use.
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.
26
Prior to above ground works commencing, details of suitable water supply pipes shall be submitted and approved in writing by the Local Planning Authority to ensure resistance from chemical attack from residual contaminants remaining within the made ground. The use of the approved water supply pipe will need evidencing within a Verification Report for the site.
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.
27
If subsoil/topsoil is required to be imported to site for remedial works, gardens or areas of soft landscaping, then these soils shall 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.
28
Following completion of any remedial/ground preparation works a Verification Report shall be submitted 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. 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.
29
Prior to the commencement of development, 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’.
30
Prior to the commencement of above ground development, details of measures to facilitate the provision of gigabit-capable full fibre broadband for 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.
31
The development hereby approved shall not exceed 138 residential units.
Reason
For the avoidance of doubt and in accordance with the supporting information submitted with the application.
Informatives
01
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.
02Environment Agency - Procedures and Good Practice
We recommend that developers should:
Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination.
Refer to the Environment Agency Guiding principles for land contamination for the type of information that we required in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, such as human health.
Consider using the National Quality Mark Scheme for Land Contamination Management which involves the use of competent persons to ensure that land contamination risks are appropriately managed.
Refer to the contaminated land also Land contamination: risk management pages on GOV.UK for more information.
Waste on Site
The CLAIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste. Under the Code of Practice:
Excavated materials that are recovered via a treatment operation can be re-used on-site providing they are treated to a standard such that they fit for purpose and unlikely to cause pollution
Treated materials can be transferred between sites as part of a hub and cluster project
Some naturally occurring clean material can be transferred directly between sites.
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
The Environment Agency recommends that developers should refer to:
The position statement on the Definition of Waste: Development Industry Code of Practice and;
The Environmental regulations page on GOV.UK.
Waste to Be Taken Off Site
Contaminated soil that is, or must be, disposed of is waste. Therefore, its handling, transport, treatment and disposal are subject to waste management legislation, which includes:
Duty of Care Regulations 1991
Hazardous Waste (England and Wales) Regulations 2005
Environmental Permitting (England and Wales) Regulations 2010
The Waste (England and Wales) Regulations 2011
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
If the total quantity of waste material to be produced at or taken off site is hazardous waste and is 500kg or greater in any 12 month period the developer will need to register with us as a hazardous waste producer. Refer to the Hazardous Waste pages on GOV.UK for more information.
03
Chief Fire Officer
the proposal appears to be satisfactory in respect of Fire Service access to the new building, which should comply with the Building Regulations 2010, Approved Document B5 “Access and Facilities for the Fire Service.”
South Yorkshire Fire and Rescue is keen to promote the benefits of sprinkler systems to protect lives, property and the environment. As such it is recommended that this is allowed for when determining the water supply requirements for the site.
04
Yorkshire Water
1) The submitted Flood Risk Assessment prepared by B & E Design
(Oliv-BED-ST-00-RP-C-0001 revision P04), dated March 2021 is acceptable. The foul and surface water drainage proposals fall in-line with the wider drainage strategy which has been agreed for the Waverley scheme. To summarise, the report indicates:
a) foul water will discharge to public sewer network (a diversion of this sewer has been mentioned however its legal status is yet to be confirmed. In addition, the part of the sewer to be diverted is outside of this planning application boundary and is therefore not relevant);
b) sub-soil conditions do not support the use of soakaways;
c) and as a result, surface water will discharge to the previously installed (and currently private) surface water sewer network, which discharges to watercourse (the River Rother).
These private sewers have been brought forward for adoption by Yorkshire Water, subject to agreement (under Section 104, Water Industry Act 1991).
2) As mentioned above, private sewers - that may or may not have spare capacity
available - are understood to be located near to the site. The developer should contact the original developer of these private sewers for consent if they are to be utilised. Please note, however, that these private sewers are believed to be contained in a sewer adoption agreement made with Yorkshire Water (or our predecessor/agent) under the provisions of Section 104 of the Water Industry Act 1991 (or similar earlier legislation that this has replaced).
To avoid prejudicing any prospective adoption of these sewers, Yorkshire Water's
approval to the use of such sewers should also be sought.
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. Under the provisions of section 111 of the Water Industry Act 1991 it is unlawful to pass into any public sewer (or into any drain or private sewer communicating with the public sewer network) any items likely to cause damage to the public sewer network interfere with the free flow of its contents or affect the treatment and disposal of its contents. Amongst other things this includes fat, oil, nappies, bandages, syringes, medicines, sanitary towels and incontinence pants. Contravention of the provisions of section 111 is a criminal offence.
Additional Note For The Developer:
i) If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he should contact our Developer Services Team (telephone 0345 120 84 82, email:
technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Sewers for Adoption - a design and construction guide for developers' 6th Edition as supplemented by Yorkshire Water's requirements.
05
Transportation
The proposed on-site layout shall be designed and constructed in accordance with the South Yorkshire Residential Design Guide.
On site car parking shall be provided in accordance with the Council’s car parking standards.
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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