| Conditions / Reason for Refusal: |
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 layout, scale, appearance and landscaping of 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 shall be carried out in broad accordance with the following plans:
Indicative Site Layout (PL03 N)
Proposed Site Access Plan (Drg No 21/186/TR015 and Drg No 21/186/TR013 Rev B)
04
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 Illustrative Masterplan (PL03 N) and local knowledge of market demand. The schedule shall also include, but not limited to:
• the size of all units including market sale and the affordable housing units
• their type (detached, semi-detached, terraced, bungalows, flats)
• two/ three storeys,
• number of bedrooms,
• toilets,
• car/cycle parking provision per unit,
The affordable housing property types should reflect the same percentage proportions of the market homes unless a different mix is requested by the Council.
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 Illustrative Masterplan, 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’
Reason
To define the permission and for the avoidance of doubt.
05
Prior to construction works commencing above ground level details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to the Local Planning Authority or samples of the materials shall be left on site, and the development shall thereafter be carried out in accordance with the approved details/samples.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
06
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
TRANSPORTATION
07
The proposed on-site layout shall be designed and constructed in accordance with the South Yorkshire Residential Design Guide (or any subsequent document that replaces it) and include the provision of a prospectively adoptable footpath/cycle link to the western site boundary (close to Glencairn Close)
Reason
In the interest of highway safety and to promote walking/cycling.
08
Car parking facilities shall be provided in accordance with the Council’s Car Parking Standards (SPD12).
Reason
In the interest of highway safety.
09
Prior to the commencement of works details of the proposed vehicle access, relocated pedestrian refuge, right turn lane and works associated with the alteration to the change in speed limit location as indicated in draft form on Drg No 21/186/TR013 Rev B on Tickhill Road shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented prior to the occupation of the first dwelling. (This will require the developer to enter into a S278 agreement with the Council, the applicant should contact david.phillips@rotherham.gov.uk in this regard)
Reason
In the Interest of highway safety.
10
Prior to the commencement of works details of the proposed footway extension in Tickhill Road as indicated in draft form on Drg No 21/186/TR015 shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented prior to the occupation of the first dwelling. (This will require the developer to enter into a S278 agreement with the Council, the applicant should contact david.phillips@rotherham.gov.uk in this regard)
Reason
In the interest of highway safety.
11
Prior to the commencement of works a Construction Traffic Management Statement shall be submitted to and approved in writing by the Council and the approved statement shall be adhered to throughout the construction period. The Statement shall provide for; Vehicle routing / storage / loading / unloading of materials / plant; and car parking facilities for the construction staff and details of access to the site will be legally achieved e.g. s184 or via s278 agreement.
Reason
In the interest of highway safety.
12
Before the proposed development is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a time bound programme of implementation, monitoring and regular review and improvement. The Local Planning Authority shall be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as time tabled in the programme of implementation.
Reason
In order to promote sustainable transport choices.
13
All subsequent applications for the approval of reserved matters shall include a scheme to provide electric vehicle charging points 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
14
All subsequent applications for the approval of reserved matters shall include a Construction Environmental Management Plan (CEMP) shall be provided to the Local Planning Authority. The plan shall 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 and demolition related activities – Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below:
• Program and Phasing Details
- Site layout
- Operational hours
- Expected duration of demolition and construction work phases
• Site Management
- Contact details of site manager for public liaison purposes
- Complaints procedure
- Roles and responsibilities
• Routes for Construction Traffic
- Routes to be used for access onto site and egress
- One way systems
- Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
- Delivery access point details
- Location details of storage areas
- Delivery times of materials and plant
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Dust suppression measures -General and machinery
- Wheel wash facilities
- Road sweeping facilities
- Covering of dusty stockpiles
- Vehicles carrying dusty loads
- Dust monitoring
- Boundary checks
- Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery
- Mitigation measures for noisy operations
- Operational hours
- One way systems
- Vehicle reverse alarms
- Leaflet drops to noise sensitive premises
• Artificial Lighting
- Hours of operation of the lighting
- Location and specification of all of the luminaires
- Level of maintained average horizontal illuminance for the areas that needs to be
illuminated
- Predicted vertical illuminance that will be caused by the proposed lighting when
measured at windows of any properties in the vicinity
- Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site
• Waste Management
- Waste storage
- Waste collection
- Recycling
- Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with Part 15 of the NPPF and RMBC Policy SP52.
LANDSCAPE, TREES AND ECOLOGY
15
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.
16
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.
17
No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation shall be submitted to the local planning authority.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
18
Any subsequent reserved matters applications shall include Biodiversity Enhancement & Management Plans (BEMPs) for each site and take account of the information shown within the submitted Biodiversity Supporting Documents including for proposed enhancements within the blue line boundary. The Plans shall provide a:
i) Description and evaluation of features to be managed and enhanced or additional measures to be provided; including
a) Description of new landscape planting incorporating native plant species
b) Gaps of suitable dimensions (130mmx 130mm) should be provided at the foot of permanent perimeter and boundary fences at selected points to permit the movement of hedgehogs around the site post construction.
c) To ensure that holes are kept open ‘Hedgehog Highway’ signage should be provided (sourced by Peoples Trust for Endangered Species and/or British Hedgehog Preservation Society) and secured above the holes.
d) The location and number of bat roosting features should be included within the new residential properties
e) The location and number of bird nest boxes should be integrated into the new residential properties.
ii) Extent and location/area of all proposed enhancement works on appropriate scale maps and plans;
iii) Aims and Objectives of management;
iv) Appropriate Management Actions for achieving Aims and Objectives;
v) An annual work programme (to cover an initial 5 year period);
For each of the first 5 years of the Plans, a progress report shall be sent to the Local Planning Authority reporting on progress of the annual work programme and confirmation of required Actions for the next 12 month period.
The Plans shall be reviewed and updated every 5 years to ensure their aims and objectives are being met. The approved Plans will be implemented in accordance with the approved details.
The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
To ensure no net loss in biodiversity across the sites.
19
Notwithstanding the submitted details, before any works commence a biodiversity management and monitoring plan, which outlines how the project will be monitored in respect of biodiversity, shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include:
• A detailed adaptive management plan that sets out how habitats will be created or enhanced and describing the proposed ongoing management for a minimum of 30 years.
• A detailed monitoring plan that will be used to inform ongoing management and assess the progress towards achieving target condition. This should outline surveys that will be used to inform the condition monitoring reports.
• The roles, professional competencies and responsibilities of the people involved in implementing and monitoring the biodiversity net gain delivery.
• Evidence that the necessary resources are available to deliver the proposed biodiversity net gain plan and the ongoing management.
The approved details thereafter shall be implemented prior to the first dwelling being occupied and thereafter retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
In the interests of biodiversity enhancement.
20
Prior to any lighting being installed on the site, a Lighting Plan shall be submitted to and approved in writing by the Local Planning Authority. The Lighting Plan shall be carried out in accordance with the guidance contained within the Institute of Lighting Engineers Guidance Notes for the Reduction of Light Pollution. The approved details shall be implemented prior to the lights being first switched on.
Reason
To minimise light pollution and reduce the impact on bats.
21
The reserved matters scheme shall include a minimum 15 stand off buffer between any built development and the Local Wildlife site.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
DRAINAGE
22
The reserved matters application shall include details of the foul, surface water and land drainage systems and all related works necessary to drain the site. These approved works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin and in accordance with Policy CS25 of the Local Plan.
23
The reserved matters application shall include details of a sustainable drainage scheme for the site. The sustainable drainage scheme shall be designed, managed and maintained in accordance with the Non-statutory technical standards and local standards.
Reason:
To comply with current planning legislation - National Planning Policy Framework.
ENVIRONMENTAL
24
Prior to development commencing, a Phase II Intrusive Site Investigation shall be undertaken to assess the geotechnical and geo-environmental constraints at the site and the ground gassing regime. A scope of the proposed site investigation works will need to be provided to the Local Authority for review and comment prior to any site investigation works taking place. 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 the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
25
Subject to the findings of Condition 23 and prior to development 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 the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
26
Subject to the findings of Condition 24 and if gas protection measures are required, then the following information will be required to be submitted to the Local Authority for review and comment:
• Prior to construction a Detailed Design Report for Gas Mitigation Measures will be provided and shall be in accordance with the recommendations made by the consultant. The gas protection measures will be installed by appropriately trained and qualified personnel.
• Post construction, a Verification Report is to be provided to confirm that the measures constructed/installed meet the required standards. An inspection report for these works will be forwarded to the Local Authority for review and comment.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
27
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 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.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
28
Post construction, if subsoil/topsoil is required to be imported to site for remedial works/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 the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
29
Following completion of any required remedial/ground preparation works a Verification Report shall be submitted to and approved in writing 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. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the Verification 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 verification data has been approved by the Local Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
GREEN SPACES
30
The reserved matters application shall include provision for the construction of the a Local Equipped Area Play (LEAP) area as indicated on the approved outline plans, details of the equipment to be provided shall be submitted to and approved in writing by the Local Planning Authority. The approved equipment shall be installed in accordance with a timeframe to be agreed with the Local Planning Authority and shall thereafter be retained and maintained.
Reason
To ensure the scheme provides an appropriate level of play provision.
31
In the event that the Council have not adopted a Planning Pitch Strategy at the time of submission of the reserved matters, this application shall include a Playing Pitch Assessment. The Playing Pitch Assessment shall assess, in consultation with Sport England, whether there is a requirement for on-site playing pitch provision within the area identified as shown on the Opportunities Masterplan (ref. 0642-SK-20230807-01 Rev W).
Should the Assessment identify a need for on-site playing pitch provision, the developer shall:
a) Identify the type of playing pitch to be provided;
b) Undertake a ball strike assessment, in consultation with Sport England, for the pitch sport identified in part a). If ball strike is identified as an issue, details of the design, specification, management and maintenance, and layout of any ball strike mitigation (for example ball stop fencing) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development of the playing pitches.
c) A noise impact assessment shall be undertaken, in consultation with Sport England, to identify if noise from the use of the playing field results is likely to result in an amenity issue. If an amenity issue is identified, details of design, specification and layout of any noise attenuation measures shall be submitted to and approved by the Local Planning Authority prior to the commencement of development of the playing pitches.
Reason
To protect playing pitch provision within the Borough
WASTE MANAGEMENT PLAN
32
Prior to the commencement of development a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
1) information on the amount and type of waste that will be generated from the site;
2) measures to reduce, re-use and recycle waste within the development;
3) design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
4) measures to minimise the use of raw materials and minimise pollution of any waste;
5) details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
6) construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
7) details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
COMMUNICATION
33
Prior to works commencing above ground level, 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.
LOCAL LABOUR AGREEMENT
34
Prior to the commencement of construction works, 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’.
ARCHAEOLOGY
35
Prior to the submission of any reserved matters application, an archaeological evaluation of the application area will be undertaken in accordance with a written scheme of investigation that has been submitted to and approved in writing by the local planning authority. Drawing upon the results of this field evaluation stage, a mitigation strategy for any further archaeological works and/or preservation in situ shall be submitted to and approved in writing by the local planning authority and then implemented.
Reason
To ensure that the site is archaeologically evaluated in accordance with an approved scheme and that sufficient information on any archaeological remains exists to help determine any reserved matters.
36
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
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
03
SY Police Architectural Liaison Officer states that the development should be built to Secured by Design standards. Www.securedbydesign.com
04
With regard to condition ?? The attached document would need to be filled in and submitted with any discharge of condition application. The information would be sent to SFSY, again at hello@superfastsouthyorkshire.co.uk who will assess the information provided.
05
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
06
With regard to the formulation / implementation of a local employment strategy, advice can be sought from the Academy of Construction Trades on 01709 709525
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.
|
