| 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 09, 10 & 21 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 09, 10 & 21 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
• The Location Plan Dwg No. PL_001 Rev P1
• Site Plan proposed PL_003 Rev P2
• Ground Floor Plan Dwg No. PL_100 Rev P1
• First Floor Plan Dwg No.PL_101 Rev P1
• Roof Plan Dwg No.PL_102 Rev P1
• Elevations Dwg No. PL_103 Rev P1
• Landscape Masterplan Dwg No. P21-1874.001 Rev A
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 the approved plans and within the Design and Access Statement. 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.
Details sub station
04
Details of the substation and compressor compound shall be submitted and approved by the Local Planning Authority. The approved details shall be provided on site before the building is brought into use.
Reason
In the interest of visual amenity
05
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 any new boundary treatment to be erected. The boundary treatment shall be completed before the development is to be brought into use.
Reason
In the interests of the visual amenity of the area and in accordance with
06
A Waste Management Plan shall be submitted and approved by the Local Planning Authority, and the approved details in the plan shall be implemented prior to the first use of the site.
Reason
In accordance with relevant Local Plan policies
TRANSPORTATION
07
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 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.
08
Before the 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.
LANDSCAPE, TREES AND BIODIVERSITY
09
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees has been submitted and its installation on site has been approved in writing by the Local Planning Authority.
All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following:
• Full survey of all trees on site and those within influencing distance on adjacent sites in accordance with BS5837*, with tree works proposals. All trees must be plotted on a scaled site plan**, clearly and accurately depicting trunk locations, root protection areas and canopy spreads. (Provided)
• A plan** detailing all trees and hedgerows planned for retention and removal.
• A schedule of tree works for all the retained trees and hedges specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998.
• Soil assessments/survey
• Timing and phasing of works
• Site specific demolition and hard surface removal specifications
• Site specific construction specifications (e.g. in connection with foundations, bridging, water features, surfacing)
• Access arrangements and car parking
• Level changes
• Landscaping proposals
• A Tree protection plan** in accordance with BS5837* detailing all methods of protection, including but not restricted to: locations of construction exclusion zones, root protection areas, fit for purpose fencing and ground protection, service routes, works access space, material/machinery/waste storage and permanent & temporary hard surfaces.
• Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones.
• Details of the arboricultural supervision schedule.
All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
*Using the most recent revision the of the Standard
** Plans must be of a minimum scale of 1:200 (unless otherwise agreed by the Local Planning Authority)
10
A suitable scheme of proposed tree planting and pits shall be submitted to and approved by the Local Planning Authority prior to the first use of the development hereby approved.
No operations shall commence on site in connection with the development hereby approved until a suitable scheme of proposed tree planting and tree pits have been submitted to and approved by the Local Planning Authority. The scheme shall include the following comprehensive details of all trees to be planted:
• A scaled plan showing the locations of the new trees (existing trees must also be shown)
• The species and stock size.
• Include details confirming the planting intended to mitigate the tree losses detailed in the AIA.
• An assessment of suitability of planting location in relation to section 61
• Actions taken to mitigate any foreseeable issues i.e. the use of root barriers/deflectors, flexi-paving, appropriate species selection, structured soils, foundations, etc.
• Proposals should be in accordance with British Standard 8545:2014 - Trees: from Nursery to Independence.
• Five year post planting maintenance and inspection schedule.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
11
Prior to commencement of above ground 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 appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
12
Details of the type and location of 2 bird boxes shall be submitted and approved by the Local Planning Authority. The approved details shall be implemented before the development is brought into use.
Reason
In the interest of biodiversity enhancement and in accordance with Local Plan policies
AMENITY
13
No part of the land other than that occupied by buildings shall be used for the storage of goods components, parts, waste materials or equipment connected with any process undertaken on the premises without the prior written approval of the Local Planning Authority.
Reason
In order to prevent the land from becoming unsightly in the interests of visual amenity.
14
Noise emitted from the premises shall not exceed 65dB LAeq, 1hr when measured at any point on the boundary.
Reason
To ensure acceptable internal noise levels in the neighbouring commercial buildings are maintained in the interest of amenity and in accordance with Local Plan policies
DRAINAGE
15
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
16
There shall be no piped discharge of surface water from the development prior to the
completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:-
a) evidence to demonstrate that surface water disposal via infiltration is not
reasonably practical;
b) evidence of existing positive drainage to public sewer and the current points of
connection; and
c) the means of restricting the discharge to public sewer to the existing rate less a
minimum 30% reduction, based on the existing peak discharge rate during a 1 in 1
year storm event, to allow for climate change.
Reason
To ensure that no surface water discharges take place until proper provision has been
made for its disposal and in the interest of sustainable drainage.
ENVIRONMENTAL
17
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 Planning Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
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.
18
Gas mitigation measures are required to be installed over the identified mineshaft shaft on site.
The gas mitigation measures shall be:
a) Constructed in strict accordance with the recommendations made within Section 9 – Proposed Mitigation Works of the report entitled ‘Mines Gas Risk Assessment & Mitigation Design Report – Callflex Rotherham’ – prepared by The Environmental Protection Group Ltd, dated 12/08/2022, Version V1.0. The gas protection measures will be installed by appropriately trained and qualified personnel as identified within the aforementioned report and will also have the full approval of The Coal Authority.
b) During and post construction, the gas mitigation measures will be independently verified in strict accordance with Section 10 – Verification Plan of the report entitled ‘Mines Gas Risk Assessment & Mitigation Design Report – Callflex Rotherham’ – prepared by The Environmental Protection Group Ltd, dated 12/08/2022, Version V1.0. The Verification Report is to be provided to the Local Authority/Coal Authority to confirm that the measures constructed/installed meet with the required standards.
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
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 Planning Authority to ensure they are free from contamination. The results of which will need to be presented within a Validation Report.
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
Following completion of any remedial/ground preparation works a Validation Report should be forwarded to the Local Planning 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 Planning 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.
21
No development shall commence until;
a) any remediation works and/or mitigation measures to address land instability
arising from coal mining legacy, as may be necessary, have been implemented on
site in full in order to ensure that the site is safe and stable for the development
proposed.
The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.
Reason
In order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework
22
Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.
Reason
In order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework
COMMUNICATION
23
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 the NPPF
SUSTAINABILITY
24
Prior to the commencement of any above ground development hereby permitted, a BREEAM assessment report demonstrating that the development will achieve BREEAM 'Very Good' rating as a minimum shall be submitted to and approved, in writing by the Local Planning Authority unless it can be demonstrated that it would not be technically feasible or financially viable.
No building shall be occupied until a BREEAM certificate confirming the scheme has achieved “Very Good” has been submitted and approved by the Local Planning Authority, or the Local Planning Authority have agreed in writing that this would not be technically feasible or financially viable.
Reason
To achieve a sustainable form of development in accordance with the Local Plan.
25
Prior to the development being brought into use, the electric vehicle charging points shown on the proposed site plan PL_003 Rev P2 shall be provided and thereafter retained for use.
Reason
In the interests of sustainable development and air quality
26
Prior to the commencement of any above ground 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 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’
27
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 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’
Informatives
01 Yorkshire Water
1.) The submitted 'Flood Risk and Drainage Assessment' JAG/AD/JF/46221-RP001 prepared by Alan Wood, dated December 2021 requires amendments.
In summary, the report states that
a.) Foul water will discharge to public foul sewer via private drainage network.
b.) Sub-soil conditions likely do not support the use of soakaways, however infiltration testing has yet to be carried out.
c.) A watercourse is remote from the site
d.) Surface water will discharge to public surface water sewer via storage and private
drainage network with restricted discharge of 121.2 litres/second and 42.9 litres per second. - Yorkshire Water do not agree to this rate of discharge as the reduction is less than the required 30%.
d.) The means of surface water management has not been properly considered within the FRA/drainage report*. Yorkshire Water requires further information regarding the means of draining surface water from the development
2.) The developer is proposing to discharge surface water to public sewer however,
sustainable development requires appropriate surface water disposal.
a.) Yorkshire Water promote the surface water disposal hierarchy and the developer must provide evidence to demonstrate that surface water disposal via infiltration is not reasonably practical before considering disposal to public sewer.
b.) The developer and LPA are strongly advised to seek comments on surface water disposal from other drainage bodies as further restrictions may be imposed.
c.) As a last resort, and upon receipt of satisfactory evidence to confirm the reasons for rejection of other methods of surface water disposal, curtilage surface water may discharge to public sewer network. Surface water discharges to the public sewer must have a minimum of 30% reduction based on the existing peak discharge rate during a 1 in 1 year storm event.
d.) The developer will be required to provide evidence of existing positive drainage to a public sewer from the site to the satisfaction of Yorkshire Water and the Local Planning Authority by means of physical investigation. On-site attenuation, taking into account climate change, will be required before any discharge to the public sewer network is permitted.
02
The Coal Authority
The applicant should note that Permission is required from the Coal Authority Permit and Licensing Team before undertaking any activity, such as ground investigation and ground works, which may disturb coal property. Please note that any comments that the Coal Authority may have made in a Planning context are without prejudice to the outcomes of a Permit application.
It should be noted that where SUDs are proposed as part of the development scheme consideration will need to be given to the implications of this in relation to the stability and public safety risks posed by coal mining legacy. The developer should seek their own advice from a technically competent person to ensure that a proper assessment has been made of the potential interaction between hydrology, the proposed drainage system and ground stability, including the implications this may have for any mine workings which may be present beneath the site.
Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications. Failure to obtain permission will result in trespass, with the potential for court action. In the event that you are proposing to undertake such work in the Forest of Dean local authority area our permission may not be required; it is recommended that you check with us prior to commencing any works. Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at:
https://www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property
Disclaimer
The above consultation response is provided by The Coal Authority as a Statutory Consultee and is based upon the latest available data on the date of the response, and electronic consultation records held by The Coal Authority since 1 April 2013. The comments made are also based upon only the information provided to The Coal Authority by the Local Planning Authority and/or has been published on the Council's website for consultation purposes in relation to this specific planning application. The views and conclusions contained in this response may be subject to review and amendment by The Coal Authority if additional or new data/information (such as a revised Coal Mining Risk Assessment) is provided by the Local Planning Authority or the Applicant for consultation purposes.
In formulating this response The Coal Authority has taken full account of the professional conclusions reached by the competent person who has prepared the Coal Mining Risk Assessment or other similar report. In the event that any future claim for liability arises in relation to this development The Coal Authority will take full account of the views, conclusions and mitigation previously expressed by the professional advisers for this development in relation to ground conditions and the acceptability of development.
03
Amenity Issues
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 minimising dust and preventing mud, dust and other materials being deposited on the highway.
04
Broadband provision
Please see the attached note from Superfast South Yorkshire regarding the Broadband provision
05
Nature Legislation
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.
06
Nesting Birds
Site clearance should ideally be outside of the bird nesting season. If
vegetation clearance is required in the bird nesting season (March-August)
then a qualified ecologist should be employed to check the area first and
ensure that no nesting species are present. No works can take place whilst
birds are actually nesting
07
Lighting
Any lighting shall be sympathetic and ensure that light spill will be minimised. Impacts can be minimised by implementing the following
• Use of narrow spectrum lights with no UV or warm white light;
• Direct lighting downwards;
• Use of low-level lighting (e.g. 2m high lighting columns);
• Use of hoods and cowls to direct lighting onto required areas and not onto
adjacent habitats;
• Restrict hours of light.
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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