| Conditions / Reason for Refusal: |
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
P11663-ARC-QO-004-006-00-DR-EN-2050 rev P04 Location Plan/Site Plan
P11663-ARC-QO-004-006-00-DR-EN-2054 rev P01 New Spillway Southern Elevation
P11663-ARC-QO-004-006-00-DR-EN-2052 rev P01 New Spillway Section
P11663-ARC-QO-004-006-00-DR-EN-2053 rev P01 New Spillway Northern Elevation
P11663-ARC-QO-004-006-00-DR-EN-2051 rev P01 Section Locations
P11663-ARC-QO-004-006-00-DR-EN-2012 rev P01.2 Proposed Landscape Plan
P11663-ARC-QO-004-006-00-DR-CE-0003 rev P04 Proposed Works
P11663-ARC-QO-004-006-ZZ-DR-EN-0012 rev P03 Access Plan 01 of 02
P11663-ARC-QO-004-006-ZZ-DR-EN-0019 rev P01 Access Plan 02 of 02
P11663-ARC-QO-004-006-PS-DR-CE-0004 rev P03 Spillway Weir and Chute - Plan view
P11663-ARC-QO-004-006-PS-DR-CE-0005 rev P03 Spillway Sections and Elevations
P11663-ARC-QO-004-006-PS-DR-CE-0016 rev P03 Spillway Cross Sections 01 of 03
P11663-ARC-QO-004-006-PS-DR-CE-0017 rev P03 Spillway Cross Sections 02 of 03
P11663-ARC-QO-004-006-PS-DR-CE-0018 rev P02 Spillway Cross Sections 03 of 03
P11663-ARC-QO-004-006-PS-DR-CE-0009 rev P03 Spillway Discharge Channel Typical Sections
P11663-ARC-QO-004-006-PS-DR-CE-0023 rev P03 Low Flow Channel Drop Shaft Plan and Sections
P116633-ARC-QO-004-006-PS-DR-SE-0030 rev P02 Bridge Over Spillway Sheet 1
P116633-ARC-QO-004-006-PS-DR-SE-0031 rev P02 Bridge Over Spillway Sheet 2
P11663-ARC-QO-004-006-PS-DR-CE-0135 rev P01 Existing Primary Spillway Proposed Works Sections
P11663-ARC-QO-004-006-ZZ-DR-CE-0145 rev P01 Replacement Footbridge
P11663-ARC-QO-004-006-AUS-DR-CE-0065 rev P02 Siphon Priming Chamber Cover
P11663-ARC-QO-004-006-AUS-DR-CE-0064 rev P03 Siphon Outlet Chamber
P11663-ARC-QO-004-006-AUS-DR-CE-0066 rev P01 Siphon Inspection Chamber
P11663-ARC-QO-004-006-ZZ-DR-CE-0091 rev P01 Typical Path Details
Reason
To define the permission and for the avoidance of doubt.
General Amenity
03
All proposed construction works shall be undertaken in accordance with the Construction Environment Management Plan carried out by the Canal and River Trust, dated March 2022 (Ref: P11663-ARC-QO-004-006-00-RP-EN-2015-P02), unless otherswise agreed in writing with the Local Planning Authority.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
04
All proposed construction works shall be undertaken in accordance with the Construction Noise Assessment carried out by iON Acoustics, dated 10th May 2022 (Ref:A1866 R02A).
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
05
The external artificial lighting shall be installed and operated thereafter in accordance with the details submited with this application, unless otherwise agreed in writing with the Local Planning Authority.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Highways
06
Before the development is brought into use the sight lines indicatedon Drg No P11663-ARC-QO-004-006-PS-DR-CE-0112 Rev 03 shall be rendered effective by removing or reducing the height of anything existing on the land between the sight line and the carriageway which obstructs visibility at any height greater than 900mm above the level of the nearside channel of the adjacent carriageway and the visibility thus provided shall be maintained at all times.
Reason
In the interests of highway safety.
07
The first ten metres of the access drive shall be constructed in a bound material.
Reason
To ensure material does not enter the highway, in the interests of highway safety.
08
No gate shall be fitted within ten metres of the highway.
Reason
In the interests of highway safety.
09
Upon completion of the works the temporary access shall be permanently closed and the verge reinstated in accordance with details to be submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway safety.
Landscapes
10
Landscaping of the site as shown on the approved plan (Arcadis drawing no. P11663-ARC-QO-004-006-00-DR-EN-2012 REV P01.2) shall be carried out during the first available planting season after commencement of the development. 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.
11
A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all approved landscape areas shall be submitted to and approved by the Local Planning Authority prior to the completion of development. The management shall thereafter be carried out in accordance with the agreed management scheme for the lifetime of the development.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Drainage
12
The development shall be carried out in accordance with the details shown on the submitted plan, P11663-ARC-QO-004-006-PS-DR-CE-0019 (rev P01 & P11663-ARC-QO-004-006-PS-CE-0012 (rev P03), unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage.
13
The development shall be carried out in accordance with the submitted Flood Risk Assessment (ref P11663-ARC-QO-004-006-00-RP-EN-1053-P01, Revision V0, dated February 2022 and compiled by Arcadis Consulting (UK) Limited).
Reason
To ensure flood risk is not increased elsewhere.
Ecology
14
The development shall be carried out in accordance with the ecological mitigation measures outlined in Chapter 4 of the Ecological Appraisal and Assessment Document by Arcadis, dated March 2022, and Section 8 of the Construction Environment Management Plan (ref: P11663-ARC-QO-004-006-00-RP-EN-2015-P02), dated March 2022.
Reason
To ensure the development is carried out in an appropriate manner and to protect local nature conservation.
Land Contamination
15
For all below ground concrete works, the design sulphate class shall be in accordance with the document entitled Field Investigation and Testing Summary 5.0 Concrete Assessment -prepared by Arcadis Consulting UK Ltd, dated 11/3/22, reference P11663-ARC-Q0-004-006-00-CA-GE-1002.
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.
16
Post site mobilisation works, no engineering works shall be undertaken until a detailed site-specific waste storage and management plan for any waste/ contaminated waste materials generated, has been prepared in accordance with section 11 and 14 of the CEMP Report prepared by the Canal and River Trust, dated March 2022, reference P11663-ARC-Q0-004-006-00-RP-EN-2015-P02 and has been submitted to the Local Authority for review and comment.
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.
17
If subsoil/topsoil/virgin material is required to be imported to site for use in reinstatement/landscaping works, 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. A testing regime shall be approved prior to import of soils to site. The results of such testing will need to be presented within the format of 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.
18
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 shall cease at the site until remedial works have been agreed with the Local Authority and completed at the site.
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.
Trees
19
No work or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations This shall be positioned in accordance with details as shown on the plan P11663-ARC-QO-004-006-00-DR-EN-0082 rev P02 at Appendix B of the Arboricultural Impact Assessment Report, prepared by Arcadis dated 03 March 2022, unless otherwise agreed in writing with the Local Planning Authority. The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherhams environment, air quality and adapting to and mitigating climate change.
Archaeology
20
No development, including any demolition and groundworks, 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 building recording, in relation to reservoir structures to be affected, and a strategy for archaeological investigation of buried archaeological features within the identified area of archaeological interest (indicated on plan P11663-ARC-QO-004-006-00-DR-EN-2030, Revision P01) 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.
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 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
Please note that Definitive footpath No.3 in Harthill should remain unaffected by the proposals and available at all time. Should it be necessary to temporarily close or divert the route to allow works to take place then please contact the Councils Public Rights Of Way Officer on 01709 822932.
04
Yorkshire Water have noted that:
1.) There is a 4" AC main which could be subject to plant loads to facilitate the proposed works if access is to be from Woodall Lane (a haul road would need to be constructed).
2.) Else Carver Way looks like normal access route. - some protection would be required if heavy plant is to be deployed - just general awareness for this reason.
05
With regard to condition 11 (Landscape Management Plan) it should be noted that a Management Plan may be expected to set out, graphically and / or in writing, the overall functional and aesthetic objectives of a landscape scheme and the steps such as legal arrangements including ownership and management responsibilities, planned maintenance tasks, phased works, and monitoring procedures that will be taken after implementation to ensure that the scheme establishes successfully and is sustainable in the long-term.
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.
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