| 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. Conditions numbered 04, 07 and 28 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 numbers 04, 07 and 28 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.
General
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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans:
221098-PL9 Location Plan
221098-PL4(F) Proposed Site Layout
221098-PL5(A) Proposed Site Elevations
221098-PL6(A) Proposed Building Floorplan and Elevations
221098-PL7(A) Proposed Drive Thru Coffee Shop Layout
221098-PL8 Proposed Drive Thru Coffee Shop Elevations
221098-PL10 Ancillary Details
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 no. 221098-PL6(A) and 221098-PL8. 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.
Construction Environment Management Plan
04
Prior to any work commencing on site (including demolition), 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
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.
Electric Vehicle Charging Points
05
Prior to the site being first brought into use, the 6 EV charging points indicated on drawing number 221098-PL4(F) shall be installed. These charging points shall be rapid charging points, unless otherwise agreed in writing with the Local Planning Authority. Additionally, on an annual basis, and up to a maximum of 10 years of the development being occupied, schemes shall be submitted and agreed in writing with the Local Planning Authority for the provision of EV charging points equivalent of up to 20% of parking spaces. The scheme shall thereafter be implemented in accordance with the approved details and retained and maintained for the lifetime of the development.
Reason
In the interests of air quality and to provide users of the site with rapid EV charging.
Highways
06
Before the development is brought into use the sight lines indicated on the submitted plan shall be rendered effective.
Reason
In the interests of highway safety.
07
Pior to the commencement of works, details of the footway link to the south of the site leading to / from Sheffield Road, as shown on drawing 221098-PL4 Rev D, shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented prior to the development opening. (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 interests of highway safety.
08
Prior to the commencement of works above ground level, details of a car park management plan, shall be submitted to and approved by the Local Planning Authority and the approved details shall be used throughout the life of the development.
Reason
In the interests of highway safety.
09
Before the development is brought into use, the vehicle access to the north of the site shall be signed or marked Out Only in accordance with details to be submitted to and approved by the Local Planning Authority. The access shall thereafter be used as an exit only for vehicles.
Reason
In the interests of highway safety.
10
Before the development is brought into use, that part of the site to be used by vehicles shall be properly 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.
All to the satisfaction of the Local Planning Authority and 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.
11
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory parking spaces and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
12
Before the development is first 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.
Drainage and Flood Risk
13
Construction works above ground level shall not begin 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.
14
Prior to works commencing above ground level the development shall provide a detailed explanation of any alternative option and reasons for rejecting a Sustainable Drainage System (SuDS) should SuDS not be implemented within the site.
Reason
To comply with current planning legislation - National Planning Policy Framework.
15
The development shall be carried out in accordance with the submitted flood risk assessment addendum report (ref Ref: NS_0124_72 / 6th July 2023 / NSugg Ltd.) and the following mitigation measures it details:
Finished floor levels of the new building shall be set no lower than 27.80 metres above Ordnance Datum (AOD)
Finished floor levels of the existing building shall be set no lower than 26.81 metres above Ordnance Datum (AOD)
The existing building shall incorporate a water entry strategy
Flood resistance and resilience measures shall be included in the existing building to a minimum elevation of 27.80mAOD
These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the schemes timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.
Reason
To reduce the risk of flooding to the proposed development and future occupants.
Landscapes
16
Prior to commencement 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 for the lifetime of the development, 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 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.
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 within the next planting season. 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.
Restrictions
18
The retail sales building and associated food units as shown on drawing no. 221098-PL4(F) shall be used for Class E (a) and Class E (b) uses only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, as amended.
Reason
The premises are not considered suitable for general use within the Class quoted to allow a full assessment of the potential impact of other Class E uses on the vitality and viability of Rotherham Town Centre.
19
The drive-thru coffee unit shown on drawing no. 221098-PL4(F) shall be used for Class E (b) uses only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, as amended.
Reason
The premises are not considered suitable for general use within the Class quoted to allow a full assessment of the potential impact of other Class E uses on the vitality and viability of Rotherham Town Centre.
20
The retail sales area as shown on 221098-PL6(A) shall not exceed 390 sq. metres net internal floor space.
Reason
To restrict the retail element of the proposal to that hereby approved in the interest of the security of the vitality and viability of defined retail centres.
21
The food units as shown on 221098-PL6(A) shall not exceed 194 sq. metres net internal floor space.
Reason
To restrict the retail element of the proposal to that hereby approved in the interest of the security of the vitality and viability of defined centres.
22
The retail sales area shall be limited to the sale of convenience goods and motor vehicle accessories only.
Reason
In order to minimise the impact on the town centre.
Land Contamination
23
Elevated soluble sulphate concentrations have been recorded within the made ground across the site. Sulphate precautions comprising DS-1 and AC-1 shall be incorporated into any concrete in contact with the made ground. Confirmation of the use of the design sulphate classes will need to be evidenced and submitted to and approved by the Local Planning Authority before the site is brought into use.
Reason
To ensure the safe occupation of the site.
24
Prior to construction works commencing above ground level, a Detailed Design Report for Gas Mitigation Measures shall be provided for review and comment and shall provide details of the identified gas protection measures required, complete with drawings to show how the gas protection measures will fit into the overall building designs. The approved details shall be implemented prior to the building / site being first brought into use.
Reason
To ensure the safe occupation of the site.
25
Post construction, a Gas Verification Report shall be provided for each building to confirm that the measures constructed/installed meet the required standards. Inspection reports for each building will be forwarded to the Local Authority for review and comment.
Reason
To ensure the safe occupation of the site.
26
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.
27
Post construction, 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. Following completion of such works a Verification Report shall be submitted to and approved by the Local Planning Authority.
Reason
To ensure the safe occupation of the site.
Local Labour Agreement
28
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 Rotherhams communities through the promotion of access to training, education and local employment opportunities.
29
Prior to the operational use of the land/building(s) hereby approved, a Local Labour Agreement outlining measures to be taken to employ local workers for the operational 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 details.
Reason
To improve skills in all of Rotherhams communities through the promotion of access to training, education and local employment opportunities.
Informative(s)
01
You should note that the Councils 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 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
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.
04
The applicant should be aware that certain activities such as unloading of petrol, and motor vehicle refuelling activities are regulated under the provisions of the Environmental Permitting (England & Wales) Regulations 2016, and as such an Environmental Permit will be required from RMBC to carry out such activities.
05
In order to discharge condition 13, 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 BRE Good Building Guide 84.
2. A Flood Risk Assessment (FRA) is required for the proposed development site, in accordance with the NPPF. Where the site is at risk of flooding (Fluvial and Pluvial), details of place of refuge/evacuation should be considered and sign up to the Environment Agency Flood Warning Service.
3. The applicant should provide a Flood Evacuation Plan which outlines:
The flood warning procedure.
A safe point of extraction.
How users can safely evacuate the site upon receipt of a flood warning.
The areas of responsibility for those participating in the plan.
The procedures for implementing the Plan.
How users will be made aware of the flood risk.
How users will be made aware of flood resilience.
Who will update the flood evacuation plan?
Further advice can be obtained with regards to how to prepare a flood plan and what the EA flood warnings mean at https://flood-warning-information.service.gov.uk/warnings
4. 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.
5. 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.
6. 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.
This must be retained within the site
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.
7. Written evidence is required from the LLFA / sewerage undertaker to confirm any adoption agreements and discharge rates.
8. All Micro Drainage calculations and results must be submitted in .MDX format, to the LPA. (Other methods of drainage calculations are acceptable)
9. 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.
10. 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).
11. 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.
06
The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:
on or within 8 metres of a main river (16 metres if tidal)
on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal)
on or within 16 metres of a sea defence
involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
in the floodplain of a main river if the activity could affect flood flow or storage and potential impacts are not controlled by a planning permission
For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities-environmental-permits or contact our National Customer Contact Centre on 03708 506 506. The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.
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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