| Conditions / Reason for Refusal: |
01
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 and as shown on the approved plans (as set out below)
(Drawing numbers
SWA_4LP_10 General Layout, dated July 2022
SWA_4LP_001 Transformer and Elevations Plan, dated July 2022
BE1605-SD-02 revision 01, received 24 July 2017
BE1605-SD-04B revision 01, received 24 July 2017
BE1605-SD-05 revision 01, received 24 July 2017
BE1605-SD-07 revision 01, received 24 July 2017
SWA_4LP_003 Battery Elevations, dated July 2022
SWA_4LP_004 HV Substation Elevations Plan, dated July 2022
BE1605-SD-18 revision 01, received 24 July 2017
BE1605-SD-19 revision 01, received 24 July 2017
BE1605-SD-20A revision 01, received 24 July 2017
BE1605-SD-20B revision 01, received 24 July 2017
BE1605-SD-21 revision 01, received 24 July 2017
(received 05 August 2022).
Reason
To define the permission and for the avoidance of doubt.
02
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 without the prior written approval of the Local Planning Authority.
Reason
To prevent the land from becoming unsightly in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design.
03
The structures hereby approved shall be wholly removed and the site restored in a manner to be agreed with the Local Planning Authority, once they reach the end of their usable life.
Reason
To ensure the site does not become derelict and unsightly once it is no longer required, in accordance with Core Strategy Policies CS4 Green Belt and CS28 Sustainable Design. Highways
04
The development shall be commenced in accordance with the improved vehicular access to Elsecar Road as indicated on the approved plan (BE1605-PL-01 revision 08, received 01 September 2020).
Reason
In the interests of highway safety.
05
Sight lines 2.4m x 215m (easterly direction) and 2.4m x 160m (westerly direction) shall be provided at the existing access to Elsecar Road before the development is brought into use.
Reason
In the interests of highway safety.
06
The access road shall be carried out in accordance with the materials and details approved under discharge of condition application RB2017/1774 (22nd March 2018).
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design.
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.
Drainage
08
No below ground works shall begin until a surface water drainage scheme for the site has been built out in accordance with the approved ‘Swangate Battery Storage Scheme Drainage Report’ (Doc Ref. J13858) dated July 2022.
Reason
To ensure that the development can be properly drained in accordance with Local Plan policies.
Trees
09
The development shall be carried out in accordance with the approved Landscape scheme
Planting Plan (Ref. SWA_4LP_13) (approved October 2022);
Tree Planting Plan 02 (approved March 2018);
Tree Constraints Plan (approved March 2018).
Reason
To ensure a healthy layout of shrubs
10
The construction shall be carried out in accordance with the 2 metre high tree protection fence agreed under the approved discharge of condition application RB2017/1774 (22nd March 2018).
Reason
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity.
Ecology
11
The development shall be carried out in accordance with the recommendations of the previously approved ecological survey (ref RB2017/1132 Swift Ecology Survey C1838-1). Thereafter such approved measures shall be retained and maintained unless otherwise agreed with the Local Planning Authority.
Reason In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981 and in accordance with Local Plan policies.
12
Before the site is brought into use, details of the type of floodlight(s), mounting heights, aiming angles, photometric data shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the development is brought into use and shall be maintained.
Reason
In the interests of the amenity of the locality and in accordance with Core Strategy Policy CS27 Community Health and Safety.
13
The floodlights hereby approved shall only be used in the case of emergency maintenance of the site during the evening and / or inclement weather and shall not be used at any other time.
Reason
In the interests of the amenity of the locality and the character and appearance of the Green Belt in accordance with Core Strategy Policies CS4 ‘Green Belt’ and CS27 Community Health and Safety.
Informative(s)
Hours of construction
01
Except in case of emergency, operations should not take place on site other than between the hours of 08:00 - 18:00 Monday to Friday and between 09:00 - 13:00 on Saturdays. There should be no working on Sundays or Public Holidays. 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 should be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
02
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 Rotherham 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.
03
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.
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 following clarifications did not require any alterations or modification.
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