| 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 07 and 08 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 07 and 08 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.’
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
Drawing no. ML06-02 and ML06-3 received 8 July 2022 and amended site plan received 1 September 2022.
Reason
To define the permission and for the avoidance of doubt.
03
No above ground development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details/samples.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design.
04
That part of the site to the front of the proposed dwelling shall be made available at all times for vehicular parking/turning purposes.
Reason
To ensure adequate provision is provided within the confines of the site.
05
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.
06
Details of the proposed means of disposal of foul and surface water drainage, including details of any off-site work, shall be submitted to and approved by the Local Planning Authority and the development shall not be brought into use until such approved details are implemented.
Reason
To ensure that the development can be properly drained.
07
No operations (including initial site clearance) shall commence on site in connection with development hereby approved 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 to be submitted to and approved by 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 the trees/shrubs are protected during the construction of the development in the interests of amenity
08
Prior to the commencement of the development details of the special precautionary measures to be used to help minimise any serious root disturbance, cutting or possible damage during the construction of the hardstandings and access in respect of the nearby trees shall be submitted to and approved in writing by the Local Planning Authority, and the approved details shall be implemented.
Reason
To ensure that adjacent trees are not damaged during the construction of the
hardstandings and access road in the interests of amenity
09
Prior to the occupation of the dwelling, one vehicle charging point shall be provided. The dwelling shall not be occupied until the charging point has been provided and shall thereafter be retained.
Reason
In the interests of sustainable development and air quality in accordance with the Local Plan and the NPPF.
Informatives
The four South Yorkshire Authorities have committed to ensuring that relevant developments are provided with Gigabit-capable full fibre broadband. Please refer to the attached informative in this respect.
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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