| Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing pre commencement planning conditions. Condition number 08 of this permission requires these works to be undertaken before development begins; however, in this instance the conditions are justified because:
i. The works required under condition number 08 is fundamental to the acceptability of the development and it would be inappropriate to allow the development to proceed until the necessary works have been undertaken.
01
This permission shall be valid for 5 years only from the date of this permission and
at the end of that period (unless further permission be granted by the Local Planning Authority prior to the end of that period) the building shall be wholly removed and the site restored in a manner to be agreed with the Local Planning
Authority.
Reason
The proposed portable building is not suitable as a permanent building within this sensitive Green Belt Area.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below)
(Proposed site 2725-06 Rev A)
(Proposed site sections 2725-07 Rev A)
(Proposed Floor Plan 2725-01 Rev A)
(Proposed Elevations 2725-02 Rev A)
(Proposed Tree Planting Plan 2725-09 Rev A)
Reason
To define the permission and for the avoidance of doubt.
03
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 that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
04
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 provide adequate on site parking.
05
Before the proposed development is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a time bound programme of implementation, monitoring and regular review and improvement. The Local Planning Authority shall be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as time tabled in the programme of implementation.
Reason
To promote sustainable forms of travel.
06
Landscaping of the site as shown on the approved plan (drawing no. 2725-09 Rev A) 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
07
No tree shall be cut down, uprooted or destroyed nor shall any tree be pruned other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any pruning works approved shall be carried out in accordance with British Standard 3998 (Tree Work). If any tree is removed, uprooted or destroyed or dies, another tree shall be planted in the immediate area and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.
Reason
In the interests of the visual amenities of the area
08
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.
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/Hedge 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)
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.
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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