| Conditions / Reason for Refusal: |
General
01
a. Application for approval of reserved matters must be made within one year 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 three years from the date of this permission; OR
(ii) The expiration of one year 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 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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
JBA.4142.105.B – Location Plan
JBA.4142.101.B – Proposed Ground Floor Layout
JBA.4142.102.A – Proposed First Floor Layout
JBA.4142.103.A – Proposed Second Floor Layout
JBA.4142.104.A – Proposed Third Floor Layout
JBA.4142.106 – Streetview and Topographical Plans
JBA.4142.107 – Elevations
Reason
To define the permission and for the avoidance of doubt.
Materials
04
Prior to work commencing above ground floor 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
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
Construction Environment Management Plan (CEMP)
05
The first reserved matters application shall be provided with a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP 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
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage areas
o Delivery times of materials and plant
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o 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
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
General Amenity
06
Notwithstanding the information submitted, the first reserved matters application shall be provided with details of an assessment of all significant noise sources likely to affect the proposed development including town centre footfall, traffic noise, surrounding commercial uses and existing and proposed fixed plant will need to be carried out by a suitably competent person (see note) and be submitted in writing to the Local Planning Authority.
The report shall:
a) Determine the existing noise climate.
b) Include raw data in table format in the appendices.
c) Predict the noise climate bedrooms and other habitable rooms of the development (daytime & night-time).
d) Detail the proposed attenuation/design necessary to protect the amenity of the occupants of the new residences. If the noise attenuation measures include windows being kept closed, then details of alternative ventilation over background ventilation will be required.
If noise levels are such that mitigation is necessary, good acoustic design in terms of orientation of buildings and the positioning of non-habitable rooms on noisy facades is a preferable method of mitigation. The following noise criteria as detailed in BS8233:2014, needs to be achieved:
a) The 16-hour LAeq shall not exceed 35dB between 0700 and 2300 hours when measured inside any noise sensitive rooms in the development.
b) The 8-hour LAeq shall not exceed 30dB between 2300 and 0700 hours when measured inside any bedroom in the development.
c) The 15-minute LAF1 shall not exceed 45 dB between 2300 and 0700hrs when measured inside any bedroom in the development.
If fixed plant is assessed then BS4142:2014+A1:2019 shall also be considered.
Note: All noise assessments should be carried out by a competent person. Developers may wish to contact the Association of Noise Consultants http://www.association-of-noise-consultants.co.uk/ (020 8253 4518) or the Institute of Acoustics http://www.ioa.org.uk (0300 999 9675) for a list of members.
Reason
To safeguard the amenities of the occupiers of the proposed development in accordance.
07
The Retail Units (Retail Unit 1 and Retail Unit 2) shown on Drawing number JBA.4142.101.B shall be used for Class E uses only as set out in the Schedule to the Town and Country Planning (Use Classes) Order, (or any Order revoking and re-enacting that Order with or without modification).
Reason
The premises are sited in the town centre and is an allocated Secondary Shopping Frontage and as such only certain uses are acceptable and any other use needs to be fully assessed.
08
Should the ground floor retail space be used for a café/restaurant use, prior to such a use being first occupied, a further noise and odour assessment including details of cooking odour extraction plant will be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the unit is first brought into use.
Reason
To safeguard the amenities of the occupiers of the proposed development in accordance.
09
The ground floor retail units shown on drawings number JBA.4142.101.B shall only be open to customers or for deliveries between the hours of 0700 – 2200.
Reason
In the interests of the amenities of the occupiers of the apartments hereby approved and nearby residential properties.
Ecology
10
Prior to the development being first occupied details of the type and location of a bat and bird box shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be installed before the development is brought into use and shall thereafter be retained and maintained.
Reason
In the interests of biodiversity enhancements.
Drainage
11
Construction works shall not commence until details of the foul, surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These 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.
12
The development shall be carried out in accordance with the details set out in the submitted Flood Risk Assessment (Ref: 23004-FP-001 Rev B), prepared by Dart Engineers Ltd.
Reason
In the interests of flood risk.
Land Contamination
13
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. 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 works shall be conducted in line with 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.
14
Subject to the findings of condition 13 above 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.
Reason
To ensure the safe occupation of the site.
15
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.
16
Post construction, if subsoil/topsoil is required to be imported to site for gardens/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.
17
Following completion of any required remedial/ground preparation works a Verification Report should be forwarded to the Local Authority for review and comment. 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.
Archaeology
18
No development or groundworks, other than demolition to slab level, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for archaeological investigation and this has been approved in writing by the Local Planning Authority. The WSI shall include:
• The programme and method of site investigation and recording.
• The requirement to seek preservation in situ of identified features of importance.
• The programme for post-investigation assessment.
• The provision to be made for analysis and reporting.
• The provision to be made for publication and dissemination of the results.
• The provision to be made for deposition of the archive created.
• Nomination of a competent person/persons or organisation to undertake the works.
• The timetable for completion of all site investigation and post-investigation works.
Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
Communication
19
Prior to the building being first occupied 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.
Waste Management Plan
20
he first reserved matters application shall be provided with 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, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
3) an assessment of the potential to re-use or adapt existing buildings on the site (if demolished it must explain why it is not possible to retain them);
4) 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;
5) measures to minimise the use of raw materials and minimise pollution of any waste;
6) details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
7) 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
8) 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.
Local Labour Agreement (Construction Phase)
21
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’.
Informative(s)
01
The Developer should be aware that a Sustainable Drainage System (SuDS) is the LPA’s preferred option.
02
If a bat or evidence of bats using a feature on site is discovered prior to or during development all work should stop immediately. A licensed bat consultant or Natural
England must be contacted and works implemented only in accordance with methods advised by them. This advice note should be provided to any persons/contractors carrying out the development along with the contact details of a relevant ecological consultant.
03
In order to discharge condition 10, the applicant is advised that they would be expected to submit information including but not limited to the following:
1. Flood resilience should be duly considered in the design of the new building/s or renovation. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BREGood Building Guide 84.
2. Surface water drainage plans should include the following:
• Rainwater pipes, gullies and drainage channels including cover levels.
• Inspection chambers, manholes and silt traps including cover and invert levels.
• Pipe sizes, pipe materials, gradients and flow directions.
• Soakaways, including size and material.
• Typical inspection chamber / soakaway / silt trap and SW attenuation details.
• Site ground levels and finished floor levels.
3. Surface Water Discharge from Brownfield Site:
There should be no increase in surface water discharge from the site to existing sewers / watercourses. On site surface water attenuation will therefore be required if drained areas to existing sewers / watercourses are to be increased.
A 30% net reduction to existing peak discharge (up to a 1/100 yr storm + 40% CC) will be required if the site is being re-developed. A full justification will be required where the development cannot achieve the 30% betterment on the existing run-off rate.
4. On Site Surface Water Management:
The site is required to accommodate rainfall volumes up to 1 in 100 year return period (plus climate change) whilst ensuring no flooding to buildings or adjacent land. The applicant will need to provide details and calculations including any below ground storage, overflow paths (flood routes), surface detention and infiltration areas etc. to demonstrate how the 100 year + 40% CC rainfall volumes will be controlled and accommodated. Where cellular storage is proposed and is within areas where it may be susceptible to damage by excavation by other utility contractors, warning signage should be provided to inform of its presence. Cellular storage and infiltration systems should not be positioned within highway. Guidance on flood pathways can be found in BS EN 752.
5. Written evidence is required from the LLFA / sewerage undertaker to confirm any adoption agreements and discharge rates.
6. All Micro Drainage calculations and results must be submitted in .MDX format, to the LPA. (Other methods of drainage calculations are acceptable)
7. Any SuDS/Drainage system installed must not be at the detriment to the receiving watercourse or ground (infiltration), so manging the quality of the run-off to must be incorporated into any design in accordance with CIRIA 753 The SuDS Manual The design of flow control devices should, wherever practicable, include the following features:
a) Flow controls may be static (such as vortex flow controls or fixed orifice plates) or variable (such as pistons or slide valves);
b) Controls should have a minimum opening size of 100 mm chamber, or equivalent;
c) A bypass should be included with a surface operated penstock or valve; and
d) Access should be provided to the upstream and downstream sections of a flow control device to allow maintenance.
8. For major developments, the LPA is required to ensure there are suitable ongoing maintenance arrangements over the lifetime of the development (see NPPF paragraph 169, page 48).
Options for SuDS adoption and maintenance include:
a) Adoption by Water and Sewerage Company (WSC) - The developer may enter into a section 104 agreement (Water Industry Act 1991) with the local WSC.
b) Private Maintenance Arrangement.
Provide all drainage management and maintenance plans for the lifetime of the development, which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime (e.g. signed Section 104 agreement).
9. Whereby a private maintenance arrangement is proposed, and the development is unlikely to remain under single ownership or within a single curtilage over its lifetime a condition will require a satisfactory legal agreement to be drawn up to provide for inspection and maintenance of the proposed surface water drainage scheme. This legal agreement is required BEFORE the first occupation of any dwelling or building on the site. Over the lifetime of the development an agreement must include the following:
a) A detailed operational maintenance plan;
b) Physical access arrangements for maintenance, and establishment of legal rights of access in perpetuity, prior to the commencement of any phase of the development;
c) A financial revenue plan clearly setting out how funding for maintenance is to be raised over the lifetime of the development;
d) A whole life cost analysis for capital maintenance over the lifetime of the development. Any values should be based on the current HM Treasury Present Value (PV) Discount Rate. Assumptions about the expected useful life of materials should be included in any such analysis; and
e) Details of financial surety to ensure long-term maintenance and capital maintenance costs of apparatus. It is for the developer to demonstrate that a suitable financial underwriting arrangement is in place.
04
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.
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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