| Conditions / Reason for Refusal: |
01
Before the commencement of the development of each development plot
details of the layout, scale, appearance and landscaping of the relevant
development (herein referred to as the reserved matters) shall be submitted to
and approved by the Local Planning Authority. The reserved matters shall
include the following:
• An Affordable Housing Schedule;
• Details of the mix of dwellings in relation to the number of bedrooms
and the proportion of houses and flats, broken down between social
rented affordable housing units and shared ownership units;
• Measures to incorporate green roofs in the design as part of proposals
for storm water retention and attenuation, energy conservation and
biodiversity gain (for non-residential development only) where
appropriate;
• Noise assessment to ensure the amenity of current and future
residents in accordance with BS4142;
• Details of the overland flood routes and a scheme detailing how safe
access and egress within and to the outside of the site during a flood
event will be achieved; and
• A waste and recycling storage plan, including details of recycling
facilities for those items not currently collected at source such as glass
and plastic, identifying the facilities to be provided to serve that area of
development.
Development shall thereafter be carried out in full 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 and to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 (as amended).
DESIGN CODE
02
Applications for the approval of the reserved matters shall be in accordance with the principles and parameters described and illustrated in the Master Plan Development Framework and Principles Document (August 2021) listed under Condition 31.
Reason
To ensure high standards of urban design and comprehensively planned development are designed and phased to ensure maximum practical integration between different land uses to accord with Policy CS28 ‘Sustainable Design’ of the Core Strategy.
03
No development shall take place on any Code Area as identified in Figure 37 of the Master Plan Development Framework and Principles Document (August 2021) until there has been submitted to and approved in writing by the Local Planning Authority a Design Code (including supporting plan) for the code area in question. The Design Code for the various code areas shall be in accordance with the principles and parameters described and illustrated in the Master Plan Development Framework and Principles Document (August 2021) listed under Condition 31.
Reason
To ensure high standards of urban design and comprehensively planned development are designed and phased to ensure maximum practical integration between different land uses to accord with Policy CS28 ‘Sustainable Design’ of the Core Strategy.
04
The design code for each Code Area as identified in Figure 37 of the Master Plan Development Framework and Principles Document (August 2021) shall include codes for all matters listed below where appropriate:
• Sustainable Design and construction Principles
• Climate change mitigation and adaptation
• Character Areas
• Location of Energy Centres
• Block types and uses
• Building Heights
• Density
• Relationship between proposed Landscape and Built Form
• Means of enclosure
• Street Types and Street Materials
• Street Tree Planting
• Feature Spaces (including squares, parks and play areas)
• Hard and Soft Landscape Treatments
• Advanced Structure Planting and phasing of landscape
implementation
• Planting character and established considerations
• Planting stock sizes including use of semi-mature tree planting
• Security principles
• Affordable Housing
Reason
To ensure high standards of urban design and comprehensively planned development and designed and phased to ensure maximum practical integration between different land uses to accord with Policy CS28 ‘Sustainable Design’ of the Core Strategy.
05
Applications for the approval of Reserved Matters shall be in accordance with the requirements of the approved Design Code for that Code Area.
Reason
To ensure high standards of urban design and comprehensively planned development are designed and phased to ensure maximum practical integration between different land uses to accord with Policy CS28 ‘Sustainable Design’ of the Core Strategy.
06
Floorspace within Use Classes A1, A2, A3, A4 and A5 hereby approved shall not exceed 1,300 sqm. The Use Classes are those set out in the Town and Country Planning (Use Classes) Order 1987 (as amended) or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.
Reason
The outline planning application proposed 1,300 sqm of floorspace within use classes A1, A2, A3, A4 and A5, which the Council considers sufficient to achieve the objectives of policy CS12 ‘Managing Change in Rotherham’s Retail and Service Centres’ of the Core Strategy.
07
No development shall take place in the lakeside local centre as identified in the Master Plan Development Framework and Principles Document (August 2021) until there has been submitted to and approved in writing by the Local Planning Authority a plan detailing the quantum of floorspace and timescales for delivery of the A1, A2, A3, A4 and A5 use classes for the character area in question. The development shall thereafter be carried out in accordance with the approved phasing plan.
Reason
In order to ensure that sufficient floorspace is provided to accommodate a range of retail, and leisure uses needed to serve a sustainable community in accordance with Paragraph 93 of the NPPF.
08
A maximum of 1,300 sqm of gross retail floorspace (Class A1) shall be provided within the development.
Reason
In order to ensure the retail floorspace is of the type and scale for which a need has been identified and which is appropriate to the scale of the neighbourhood centre, in accordance with Policy CS12 ‘Managing Change in Rotherham’s Retail and Service Centres’ of the Core Strategy and with Paragraph 90 of the NPPF.
09
No more than 1,300 sqm of gross A1 floorspace shall be provided in any one unit.
Reason
In order to ensure the retail floorspace is of the type and scale for which a need has been identified and which is appropriate to the scale of the neighbourhood centre, in accordance with Policy CS12 ‘Managing Change in Rotherham’s Retail and Service Centres’ of the Core Strategy and with Paragraph 90 of the NPPF.
10
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking or re-enacting that Order, there shall be no change of use between Use Classes A2, A3, A4, A5 to a use within Class A1 without prior planning permission.
Reason
In order to ensure the retail floorspace is of the type and scale for which a need has been identified and which is appropriate to the scale of the neighbourhood centre, in accordance with Policy CS12 ‘Managing Change in Rotherham’s Retail and Service Centres’ of the Core Strategy and with Paragraph 90 of the NPPF.
SUSTAINABILITY AND ENERGY
11
The A1, A2, A3, A4, A5, B1(a), C1, D1 and D2 floorspace hereby approved shall be designed to achieve a BREEAM Very Good rating as a minimum. Relevant applications for approval of Reserved Matters shall be accompanied by a BREEAM Report which shall be submitted to and approved in writing by the Local Planning Authority. The buildings shall subsequently be developed in accordance with the approved details.
Reason
In order to secure a sustainable development in accordance policy SP57 ‘Sustainable Construction’ of the Sites and Policies Local Plan and with Paragraph 157 of the NPPF.
MANAGEMENT PLAN
12
The development shall be carried out in accordance with the previously approved Green Infrastructure Delivery Plan and any subsequent variations shall be agreed in writing by the Local Planning Authority.
Reason
To ensure that the future management maintenance repair and upkeep of the development is delivered to an appropriately high standard of safety and quality across the whole development.
LANDSCAPE
13
Prior to the commencement of any development within each character area as identified in the Master Plan Development Framework and Principles Document (August 2021), details of a phased scheme of advance planting to provide screen planting to site boundaries (wherever relevant) and structure planting along access roads and associated with key entrances and junctions shall be submitted to and approved in writing by the Local Planning Authority. The said planting shall thereafter be implemented in accordance with the approved details.
Reason
To ensure an appropriate standard of visual amenity in the local area.
HIGHWAYS
14
No more than 1400 No. dwellings shall be occupied on site until the proposed improvement to B6066 Highfield Spring/Brunel Way (AMP North) as indicated on plan No. PO-CE-WYG- PL100 Rev C have been implemented in accordance with details which shall have been submitted to and approved by the Local Planning authority’
Reason:
In the interests of highway safety.
15
Details of the proposed improvements to the B6533 Poplar Way/B6066 Orgreave Road, as indicated in draft form on plans Nos. H-PL-09 and PO-CE-WYG-PL-09 shall have been submitted to and approved by the Local Planning Authority and shall be implemented prior to any vehicular use of the southern arm of the junction, other than for construction purposes.
Reason
In the interests of highway safety.
16
No more than 1880 No. dwellings shall be occupied on site until the proposed improvements to B6066 Highfield Spring/B6066 Highfield Lane, as indicated on plan No. PO-CE-WYG-01-SK17 have been implemented in accordance with details which shall have been submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway safety.
17
No dwellings shall be occupied on site after 30 June 2023 until the proposed improvements to B6066 Main Street/B6067 Treeton Lane, Catcliffe, as indicated on plan No. PO-CE-WYG-01-SK28, have been implemented in accordance with details which shall have been submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway safety.
18
No more than 1700 No. dwellings shall be occupied on site until the proposed improvements to B6066 Highfield Lane/Orgreave Lane/Rotherham Road junction, as indicated on plan No. PO-CE-WYG-01-SK29, have been implemented in accordance with details which shall have been submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway safety.
19
No more than 1200 No. dwellings shall be occupied on site until the proposed improvements to B6200 Retford Road/Rotherham Road junction as indicated on plan No. PO-CE-WYG-01-SK30, have been implemented in accordance with details which shall have been submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway safety.
20
A detailed assessment shall be submitted to and approved by the Local Planning Authority on the Orgreave Lane / Retford Road junction to determine if mitigation of traffic signal operation is required. Any mitigation identified shall thereafter be carried out within a timescale to be agreed with the Local Planning Authority.
Reason
In the interests of highway safety.
NOISE
21
Throughout the construction phases of development and except in cases of emergency, no operation that is likely to give rise to noise nuisance or loss of amenity shall take place on site other than between the hours of 0730 to 1800 Monday to Friday and between 0800 to 1300 on Saturdays. Operations which give rise to noise nuisance shall not be carried out on Sundays, Public Holidays or outside normal weekday working hours. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Local Planning Authority shall be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
Reason
In the interests of the amenity of the locality and in accordance with policy SP52 ‘Pollution Control’ of the Sites and Policies Local Plan.
22
Throughout the construction phases of development all machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the best practicable means shall be employed to prevent or counteract the effects of noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities.
Reason
In the interests of the amenity of the locality and in accordance with policy SP52 ‘Pollution Control’ of the Sites and Policies Local Plan.
23
Throughout the construction phases of development all vehicles reversing warning alarm systems shall be operated in accordance with a specification submitted to and agreed in writing by the Local Planning Authority prior to commencement of development. At all times, effective means shall be employed to prevent and counteract the effects of audible warning alarms to nearby noise sensitive receptors. No audible warning alarm shall exceed the ambient noise level in the working location by more than 5dBA.
Reason
In the interests of the amenity of the locality and in accordance with policy SP52 ‘Pollution Control’ of the Sites and Policies Local Plan.
DUST
24
At all times during the carrying out of development authorised or required under this permission, effective means shall be employed to minimise dust. Such measures shall include water bowsers, sprayers whether mobile or fixed, or similar equipment, upward pointing exhausts, wind fences, landscaping bunds, stockpile dampening, aerodynamic shaping of stockpiles to prevent dust lift off, regulating the speed of vehicles, hard covering of roadways and other steps as are appropriate.
Reason
In the interests of the amenity of the locality and in accordance with policy SP52 ‘Pollution Control’ of the Sites and Policies Local Plan.
25
At such times during construction of development when due to site conditions the prevention of dust nuisance by these means is considered by the Local Planning Authority in consultations with the site operator to be impracticable, then movements of soils, overburden and other dust raising materials shall be temporarily curtailed until such time as the site/weather conditions improve such as to permit a resumption of the operations.
Reason
In the interests of the amenity of the locality and in accordance with policy SP52 ‘Pollution Control’ of the Sites and Policies Local Plan.
WHEEL WASHING
26
Throughout the construction phases of development the operator shall install and thereafter utilise as appropriate, wheel washing facilities on the site for the duration of the construction. Prior to its installation on site, full details of its specification and siting shall be submitted to and agreed in writing with the Local Planning Authority.
Reason
In the interests of the amenity of the locality and in accordance with policy SP52 ‘Pollution Control’ of the Sites and Policies Local Plan.
DRAINAGE AND FLOOD RISK
27
The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by White Young Green dated 06/10/09 including the following specific measures detailed within the Flood Risk Assessment:
1. Areas of the site covered by Flood Zones 2 and 3 are developed with
acceptable water compatible development only/
2. Finished floor levels are set at a minimum of 150mm above adjacent
finished ground levels (as stated on p.18 of the FRA)
Reason
To reduce the impact and risk of flooding on the proposed development and future occupants.
28
No development except that associated with site preparation works shall take place or discharge to a drainage system, until the detailed design of the Surface Water Drainage scheme relevant to that development (including appropriate SUDS), including all relevant flood risk assessments within the Waverley development, have been submitted to and approved in writing by the Local Planning Authority. The scheme as approved for each geographical phase of development shall be in accordance with the Outline Surface Water Strategy (October 2009), and its updates (May 2014 and May 2022) and the Flood Risk Assessment shall be implemented in accordance with the approved details prior to the construction of 80% of dwellings within that development phase. The scheme shall also include the following:
1. Details of the development surface water drainage network, which shall
include:
• The piped drainage network and open watercourse will drain to the
attenuation reservoirs.
• The reservoirs will limit discharge to the River Rother at the
maximum rate of 5 litres per second per hectare.
• The open watercourse shall be designed for the 1 in 100 year return
period over the critical storm duration (plus allowance of 30% for
climate change) and 600mm freeboard for each watercourse.
• The piped drainage network will be designed so that there is no
flooding during a 1 in 30 year storm over the critical storm duration.
• The water velocity within the open watercourse shall be a maximum
of 3 metres per second, unless otherwise agreed by the
Environment Agency
• Appropriate SUDS will be incorporated into the surface water
drainage scheme within the site.
2. Plans to show the catchment areas for surface water runoff within the site and surrounding areas, for each phase of the development (to ensure that there is adequate capacity for discharge of surface water runoff within each section of the drainage system, during and after completion of the development).
3. Details of how the current restoration drainage will fit within the proposed development drainage plans and the Masterplan, in particular Handsworth Beck and drainage channels C and C2.
4. Details of how the scheme shall be maintained and managed during and after the completion of the development. This should also include details of satisfactory easement strips along the piped network and open watercourse, to allow access for maintenance.
Reason
To prevent the increased risk of flooding and ensure future maintenance of the surface water drainage system both within each phase of development and within the Waverley development.
29
No development within each geographical Phase, as identified in the Master Plan Development Framework and Principles Document (August 2021) except that associated with site preparation works shall take place or discharge to a drainage system until a scheme for foul water drainage has been submitted to and approved in writing by the Local Planning Authority. The foul water drainage shall be implemented in accordance with the approved scheme.
Reason
To ensure that the development can be properly drained in accordance with policy SP52 ‘Pollution Control’ of the Sites and Policies Local Plan.
PUBLIC RIGHTS OF WAY
30
All public rights of way proposed throughout the site shall be implemented in accordance with the Public Rights of Way Action Plan and suitable access barriers and fencing shall be agreed in writing to Local Planning Authority and be installed on the end of all path links.
Reason
To ensure adequate pedestrian and cycle links and recreational use throughout the site.
REGULATORY
31
The development hereby permitted shall be carried out in accordance with the
following approved documents and plans:
• Masterplan Development Framework and Principles Document
(August 2021).
• Parameter Plans: Land Use, Green Infrastructure, Urban Design
Principles and Movement and Access.
Reason
To ensure high standards of urban design and comprehensively planned development are designed and phased to ensure maximum practical integration between different land uses to accord with Policy CS28 ‘Sustainable Design’ of the Core Strategy.
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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