| Conditions / Reason for Refusal: |
Conditions
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)
Plan No. P104 Rev C received 28 July 2022, P103 Rev F Received 3 August 2022 and P102 Rev K received 5 September 2022.
Reason
To define the permission and for the avoidance of doubt.
03
The use hereby permitted shall only be open to customers or for deliveries between the hours of 0800 - 2300.
Reason
In the interests of the amenities of the occupiers of nearby dwellings and in accordance with the Local Plan.
04
The completed alterations in the highway at Fairways and Bawtry Road, indicated on plan reference BWR-BWB-GEN-XX-DR-TR-100 Rev P2, shall be maintained and retained for the lifetime of the development.
Reason
In the interest of highway safety.
05
Before the complete 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 to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety.
06
Before the complete development is brought into use the car parking area shown on the approved plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
07
Before the complete development is brought into use, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.
Reason
In order to promote sustainable transport choices.
08
The submitted Delivery Management Plan shall remain in operation throughout the lifetime of the operation of the two retail units.
Reason
In the interest of highway safety.
09
The combined noise from any fixed mechanical services and external plant and equipment shall be effectively controlled so that the combined rating level of noise from all such equipment shall be 5dB below the prevailing background sound level at any time. “Rating level” and “background sound level” are as defined in BS4142:2014+A1:2019.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
10
The kitchen extract system as specified in the Airflow Cooling Mechanical Ventilation & Environmental Control Equipment dated 1st November 2021 shall be installed and operational and shall thereafter be retained, operated at all times during the preparation and cooking of food, and maintained in accordance with the manufacturer’s instructions and as detailed in section 2.4 of the report.
Reason
To ensure the proposed development does not cause harmful odour pollution within either a public area or at neighbouring premises in the interest of amenity, to comply with the aims and objectives of Policies SP 22 and SP 52 of the Rotherham Local Plan and the National Planning Policy Framework.
11
The approved detailed plans of the refuse bins to the rear and cycle stores to the front as shown on drawing no. P102 Rev K shall be implemented within 3 months of the date of this permission and shall thereafter be retained.
Reason
In the interests of the visual amenity of the area in accordance with Local Plan policies.
12
The litter bins shown on drawing no. P102 Rev K shall be provided within 3 months of the date of this permission, or once the relevant unit is brought into use, for use by the customers of the said premises and thereafter retained
Reason
In the interests of the amenity of the locality
13
The 1.8m high timber fence to screen the rear bin store detailed on plan no P102 Rev K shall be erected within 3 months of the date of this permission and thereafter retained.
Reason
In the interests of the visual amenity of the area
14
Within 1 month of the date of this decision, details of the railings around the external seating area on the Bawtry Road frontage shall be submitted to the Local Planning Authority and the details shall be implemented within 1 month of their approval.
Reason
In the interests of visual amenity and to prevent unauthorised motorised access to the front of the building.
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.
02
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.
03
Whilst the property does not lie within the flood plain as shown on the Environment Agency's Indicative Flood Plain Maps it is noted that the site is within an area that has historically flooded in the past. It is important that all proposed extensions must be designed and constructed, to protect and safeguard against all possible risks from flooding. Further guidance on how properties may be protected against possible flooding problems can be found on the Environment Agency's web site. In all events the proposed development must not divert or create or cause additional flood water problems to any adjacent or neighbouring land.
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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