| 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 numbered 23 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 number 23 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). Drawing numbers:
Location plan
Site plan D/102165/H/100/003 P3
block plan D/102165/H/PA/010
Park and Ride alterative access K/102165/H/032 P02, and P03
Kerbs and paved areas D/102165/H/1100/002 P1 (sheet 1 and 2)
Draft landscape plan D/102165/H/3000/001 P1 (sheet 1 and 2)
Drainage Exceedance Route Sheet 1 of 2, 2 of 2.
Flood Risk Assessment (January 2022) Ref: R102165Z001-E
(received 09/11/21, 08/03/22, 24/03/22).
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 (block plan D/102165/H/PA/010
Park and Ride alterative access K/102165/H/032 P02, and P03). 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 and in accordance with Core Strategy Policy CS28 Sustainable Design.
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.
05
Before the development is brought into use the Park and ride car parking area shown on Drg no K/102165/H/032 Rev P03 shall be provided, marked out and thereafter maintained for car parking.
Reason
To avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
06
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority
Reason
In the interests of highway safety.
07
Before the development is brought into use a comprehensive signing scheme including the area within the retail park, should be provided to demonstrate how pedestrians will be directed to the tram stop from both the park and ride car park, and for those pedestrians / cyclists using the new link road to access the tram stop. Signs on the public highway should be in accordance with the Traffic Signs Regulations and General Directions.
Reason
In the interests of highway safety and to assist navigation through the scheme.
Drainage
08
The drainage construction details shall be carried out in accordance with the approved drainage package measures (ref Drainage attenuation and exceedance plans 1/2, 2/2 and documents received 11/01/22 and 04/03/22)
Reason
To ensure that surface water can adequately be drained and to minimise the risk of flooding.
Yorkshire Water
09
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.
Reason
In the interest of satisfactory and sustainable drainage.
10
No piped discharge of surface water from the application site shall take place until
works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and
approved by the Local Planning Authority.
Reason
To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network.
11
No construction works in the relevant area(s) of the site shall commence until
measures to protect the public sewerage infrastructure that is laid within the site
boundary have been implemented in full accordance with details that have been
submitted to and approved by the Local Planning Authority. The details shall include
but not be exclusive to the means of ensuring that access to the pipe(s) for the
purposes of repair and maintenance by the statutory undertaker shall be retained at all times.
Reason
In the interest of public health and maintaining the public sewerage network.
12
No construction works in the relevant area(s) of the site shall commence until
measures to protect the public water supply infrastructure that is laid within the site
boundary have been implemented in full accordance with details that have been
submitted to and approved by the Local Planning Authority. The details shall include
but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times. If the required stand-off or protection measures are to be achieved via diversion or closure of the water main, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that, prior to construction in the affected area, the approved works have been undertaken.
Reason
In the interest of public health and maintaining the public water supply.
Network Rail
13
No above ground development shall commence until a construction methodology has been submitted to and approved in writing by the Local Authority. The construction methodology shall demonstrate consultation with the Asset Protection Project Manager at Network Rail. The development shall thereafter be carried out in accordance with the approved construction methodology unless otherwise agreed in writing by the Local
Planning Authority.
Reason
In the interests of operational safety to the adjacent railway line during construction.
14
Before the scheme is brought into use the developer must provide details of a suitable trespass proof fence adjacent to Network Rail’s boundary (approx. 1.8m high) to be agreed in writing and make provision for its future renewal and maintenance. Network Rail’s existing fencing/wall must not be removed or damaged. The fencing shall be erected in accordance with the agreed details and retained thereafter.
Reason
In order to prevent trespass onto the adjacent railway line.
Vehicle Incursion Measures
15
Before the scheme is brought into use an Armco or similar barrier should be located in positions where vehicles may be in a position to drive into or roll onto the railway or damage the lineside fencing. Network Rail’s existing fencing / wall must not be removed or damaged. Given the considerable number of vehicle movements likely provision should be made at each turning area/roadway/car parking area adjacent to the railway. The final details of the barrier shall be submitted to the LPA and agreed in writing. The approved scheme shall be erected in accordance with the agreed details and retained thereafter.
Reason
In the interests of operational safety to the adjacent railway line.
Landscaping
16
Prior to completion of development, a detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
-The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
-The extent of any changes to existing ground levels, where these are proposed.
-Any constraints in the form of existing or proposed site services, or visibility requirements.
-Areas of structural and ornamental planting that are to be carried out.
-The positions, design, materials and type of any boundary treatment to be erected.
-A planting plan and schedule detailing 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, 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 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 Local Planning Policies.
17
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. 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 Local Planning Policies.
Pollution control
18
Prior to above ground works commencing, a Phase II Intrusive Site Investigation shall be undertaken to assess the geotechnical and geo-environmental constraints at the site. All works shall be undertaken in accordance with the document entitled ‘Ground Investigation Schedule & Specification Parkgate Access Road Rotherham’ – Prepared by Pell Frischmann Consultants Ltd, dated January 2019, reference R102165G001-A. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced and will be subject to approval in writing by this Local Planning Authority.
The above should be conducted in line with the new guidance document ‘Land Contamination Risk Management’ (October 2020) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017).
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.
19
Subject to the findings of condition 18 above and prior to above ground works commencing, a Remediation Method Statement shall be provided and approved by this Local 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 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.
20
Cut and fill earthworks are likely to required at the site so that a development platform can be achieved. These earth works shall be carried out under a Materials Management Plan, written and declared in accordance with the CL:AIRE Definition of Waste Code of Practice approved by the Environment Agency. This document shall be forwarded to the Local Authority for review and comment.
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.
21
If subsoil/topsoil is required to be imported to site for areas of soft landscaping, then these soils will need to be tested at a rate and frequency to be agreed with the Local 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.
22
Following completion of any remedial/ground preparation works a Validation Report will be forwarded to this Local Authority for review and comment. 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 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.
23
Prior to any site clearance or commencement of development works a final Open Mosaic Habitat survey shall be submitted to and agreed in writing by the Local Planning Authority. The scheme shall then proceed in accordance with the approved details.
Reason
In order to confirm final habitat details and to minimise disturbance to local ecology during construction.
Informatives
Yorkshire Water
Waste Water
1) On the Statutory Sewer Map, there is a 900 mm diameter public combined sewer
recorded to cross the site. It is essential that the presence of this infrastructure is taken into account in the design of the scheme. It may not be acceptable to raise or lower ground levels over the sewer and we will not accept any inspection chambers on the sewer to be built over.
In this instance, and certainly during the construction phase of the development, the
sewer must be adequately protected from plant machinery. In addition, no trees shall be planted within at least 5 (five) metres of the sewer's centre-line.
In addition to the above mentioned sewer, there are also public sewers within the existing road whereby any of the proposed construction works can be controlled via the New Roads and Streetworks Act. A proposal by the developer to alter/divert a public sewer will be subject to Yorkshire Water's requirements and formal procedure in accordance with Section 185 Water Industry Act 1991.
2) It is noted from the submitted planning application that surface water is proposed to be drained to watercourse. We fully endorse this method of surface water disposal. The developer is strongly advised to seek advice/comments from the Environment Agency/Land Drainage Authority/Internal Drainage Board with regard to surface water disposal from the site. The landowners consent will be required for the construction of a new outfall structure.
As surface water from the site is not proposed to discharge to the public sewer network, no assessment of the capacity of the public sewers to receive surface water has been undertaken. Should the surface water disposal proposals change, further consultation with Yorkshire Water will be required.
Water Supply
1) A diversion of the existing 6’ cast iron water main is required to facilitate the
construction of the new traffic island on Aldwarke Lane. The council (or it's approved agent) should submit a C3 notice to us with drawings (if the NRASWA process is used) or to submit a diversion request via the Developer Services online portal.
Network Rail
Drainage
It is imperative that drainage associated with the site does not impact on or cause damage to adjacent railway assets. Surface water must flow away from the railway, there must be no ponding of water adjacent to the boundary and any attenuation scheme within 30m of the railway boundary must be approved by Network Rail in advance. There must be no connection to existing railway drainage assets
without prior agreement with Network Rail.
Landscaping
It is imperative that planting and landscaping schemes near the railway boundary do not impact on operational railway safety. Where trees and shrubs are to be planted adjacent to boundary, they should be position at a minimum distance greater than their height at maturity from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. Any hedge planted adjacent to the railway boundary fencing for screening purposes should be placed so that when fully grown it does not damage the fencing, provide a means of scaling it, or prevent Network Rail from maintaining its boundary fencing. Below is a list of species that are acceptable and unacceptable for planting in proximity to the railway boundary.
Acceptable:
Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees – Pines (Pinus), Hawthorn (Cretaegus), Mountain Ash – Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat ‘Zebrina’
Not Acceptable:
Acer (Acer pseudoplantanus), Aspen – Poplar (Populus), Small-leaved Lime (Tilia Cordata), Sycamore – Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), Ash (Fraxinus excelsior), Black poplar (Populus nigra var, betulifolia), Lombardy Poplar (Populus nigra var, italica), Large-leaved lime (Tilia platyphyllos), Common lime (Tilia x europea)
Lighting
Where lighting is to be erected adjacent to the operational railway, the potential for train drivers to be dazzled must be eliminated. In addition, the location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway.
Coal Authority
Mine Gas
It should be noted that wherever coal resources or coal mine features exist at shallow depth or at the surface, there is the potential for mine gases to exist. These risks should always be considered by the applicant. The Planning & Development team at the Coal Authority, in its role of statutory consultee in the planning process, only comments on gas issues if our data indicates that gas emissions have been recorded on the site. However, the absence of such a comment should not be interpreted to imply that there are no gas risks present. Whether or not specific emissions have been noted by the Coal Authority, the developer should seek their own technical advice on the gas hazards that may exist, and appropriate measures to be implemented, from technically competent personnel.
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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