Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2022/1749
Site Address: Rother Valley Country Park Mansfield Road Waleswood 9999
Description: Improvement works including new café building with outdoor play area and first floor function space, demolition and relocation of Park Rangers bungalow, relocation of Cycle Hub and Firbeck Sailing Club and associated car parking and landscaping
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 23 February 2023
Decision Date: 23 February 2023
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Proposed to be Delegated
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 RVP-AHR-SO-XX-DR-A-00004 Rev P1 – Location Plan 5584- OOB- ZZ- ZZ- DR- L- 0001 Rev P03 – Proposed Site Plan 5584- OOB- ZZ- 00- DR- L- 0002 Rev P03 – Proposed Site Plan – Insert 1 5584- OOB- ZZ- 00- DR- L- 0003 Rev P01 – Proposed Site Plan – Insert 2 RVP-AHR-SO-XX-DR-A-09700 Rev P1 – Demolition and Relocation Plan RVP-AHR-XX-ZZ-DR-A-20-100 Rev P4 – Elevation Plans RVP-AHR-XX-ZZ-DR-A-20-000 Rev P5 – Floor Plans RVP-AHR-XX-ZZ-DR-A-20-401 Rev P4 – Gross External Floor Area Plans RVP-AHR-XX-ZZ-DR-A-20-400 Rev P4 – Gross Internal Floor Area Plans RVP-AHR-XX-ZZ-DR-A-20-200 Rev P4 – Sections B034571 TTE 00 RVCP DR C 0501 Rev P01 – Proposed Site Levels Plan B034571 TTE 00 RVCP DR C 0700 Rev P01 – Proposed Surface Finishes Plan B034571 TTE 00 RVCP DR C 0500 Rev P01 – Drainage Plans 0406138-HLEA-XX-00-DR-M-600-001 Rev P01 – Environmental Treatment Strategy Plan Reason To define the permission and for the avoidance of doubt. Materials 03 The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing no. RVP-AHR-XX-ZZ-DR-A-20-100 Rev P4. The development shall thereafter be carried out in accordance with these details. Reason In order to ensure a satisfactory appearance in the interests of visual amenity. Before the development is brought into use the sight lines indicated on the attached plan shall be rendered effective. Highways 04 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. 05 Before the development is brought into use the car parking area shown on the approved plans shall be provided, marked out and thereafter maintained for car parking. Reason To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety. 06 Prior to the building being brought into use details of the electric vehicle charging points shown on drawing number 5584- OOB- ZZ- ZZ- DR- L- 0001 Rev P03 and infrastructure (cabling routes) to serve car parking space in the future with charging points shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details on the specification and maintenance schedule for electric vehicle recharge infrastructure. The approved details shall be implemented prior to the building being brought into use and shall thereafter be retained and maintained. Reason In the interests of sustainable development and air quality. Construction Management Plan 07 Prior to the commencement of any works (including demolition) on each site, a Construction Environmental Management Plan (CEMP) shall be provided to the Local Planning Authority. The plan shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling: • Noise & vibration arising from all construction and demolition related activities – Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’. • Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014. • Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light. The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below: • Program and Phasing Details o Site layout o Operational hours o Expected duration of demolition and construction work phases • Site Management o Contact details of site manager for public liaison purposes o Complaints procedure o Roles and responsibilities • Routes for Construction Traffic o Routes to be used for access onto site and egress o One way systems o Haul routes (onsite and delivery) • Site Access, Storage and Movement of Materials o Delivery access point details o Location details of storage areas o Delivery times of materials and plant • Dust, Debris and Mud o Screening and hoarding o Preventative measures o Dust suppression measures -General and machinery o Wheel wash facilities o Road sweeping facilities o Covering of dusty stockpiles o Vehicles carrying dusty loads o Dust monitoring o Boundary checks o Monitoring of weather including wind speed and direction, dry conditions etc. • Noise and Vibration Control o Silencing of vehicles, plant and machinery o Mitigation measures for noisy operations o Operational hours o One way systems o Vehicle reverse alarms o Leaflet drops to noise sensitive premises • Artificial Lighting o Hours of operation of the lighting o Location and specification of all of the luminaires o Level of maintained average horizontal illuminance for the areas that needs to be illuminated o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity o Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site • Waste Management o Waste storage o Waste collection o Recycling o Waste removal Reason To safeguard the amenities of the occupiers of nearby properties and promote sustainable development. Landscapes 08 Prior to any above ground development taking place detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary: • The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove. • The extent of any changes to existing ground levels, where these are proposed. • Any constraints in the form of existing or proposed site services, or visibility requirements. • Areas of structural and ornamental planting that are to be carried out. - The positions, design, materials and type of any boundary treatment to be erected. • A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances. • A written specification for ground preparation and soft landscape works. • The programme for implementation. • Written details of the responsibility for ongoing maintenance and a schedule of operations. The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in accordance with the appropriate standards and codes of practice within a timescale agreed, in writing, by the Local Planning Authority. Reason To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity. 09 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. 10 No above ground development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, and details of the design, materials and construction of boundary treatments to be erected. Reason In the interests of the visual amenity of the area and in accordance with the Local Plan. Trees 11 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 and hedgerows 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: • A schedule of tree works for all the retained trees 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 • Level changes • A Tree 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. 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 Rotherham’s environment, air quality and adapting to and mitigating climate. 12 Prior to the first use of the development hereby approved a suitable scheme of proposed tree planting and tree pits have been submitted to an approved in writing by the Local Planning Authority. The scheme shall include the following comprehensive details of all trees to be planted: • Full planting specification - tree size, species, the numbers of trees and any changes from the original application proposals. • Locations of all proposed species. • Comprehensive details of ground/tree pit preparation to include: • Plans detailing adequate soil volume provision to allow the tree to grow to maturity • Engineering solutions to demonstrate the tree will not interfere with structures (e.g. root barriers/deflectors) in the future • Staking/tying method(s). • Five year post planting maintenance and inspection schedule. All tree planting must be carried out in full accordance with the approved scheme in the nearest planting season (1st October to 28th February inclusive). The quality of all approved tree planting should be carried out to the levels detailed in British Standard 8545, Trees: from nursery to independence in the landscape - Recommendations. Any trees which die, are removed, uprooted, significantly damaged, become diseased or malformed within five years from the completion of planting, must be replaced during the nearest planting season (1st October to 31st March inclusive) with a tree/s of the same size, species and quality as previously approved. Reason To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change. Ecology 13 The development shall be carried out in accordance with the ecological mitigation measures outlined in Section 5 of the Preliminary Ecological Appraisal by Elite Ecology, dated March 2022, the Bat Survey Report by Elite Ecology dated October 2022 and Section 6 of the Reptile Report by Elite Ecology dated November 2022. The recommendations shall be implemented before the building is brought into use and thereafter maintained. Reason To ensure the development is carried out in an appropriate manner and to protect local nature conservation. 14 Prior to any lighting being installed on the site, a “lighting design strategy for biodiversity” for the development shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall: a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the strategy before the development is complete, and they shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority. Reason To ensure that there is no light pollution that could impact on local wildlife and local wildlife sites. 15 Prior to works commencing (including demolition) of the rangers bungalow and / or construction of the café, an updated Badger Survey shall be submitted to and approved in writing by the Local Planning Authority. Reason To provide an up-to-date survey as the original survey was conducted more than 6 months ago, as badgers are mobile species and can move onto a site in a short period of time. Drainage 16 The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed with the Local Planning Authority prior to the drainage works being completed. Reason In the interest of satisfactory and sustainable drainage. 17 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority. Reason To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network. 18 The development shall be carried out in accordance with the details contained within the submitted Flood Risk Assessment, prepared by ARK Environmental Consultancy Ltd, dated November 2022. Reason To ensure that the development can be properly drained and will be safe from flooding. 19 No part of the proposed development shall be constructed within 5-8m of an ordinary watercourse and a minimum 3m for a culverted watercourse (increases with size of culvert). Reason In order to ensure there is no impact or contamination of the watercourses. 20 Prior to the development being brought into use a Flood Evacuation Plan shall be submitted to and approved in writing by the Local Planning Authority. The FEP shall include the following: • The flood warning procedure. • A safe point of extraction. • How users can safely evacuate the site upon receipt of a flood warning. • The areas of responsibility for those participating in the plan. • The procedures for implementing the Plan. • How users will be made aware of the flood risk. • How users will be made aware of flood resilience. • Who will update the flood evacuation plan? Further advice can be obtained with regards to how to prepare a flood plan and what the EA flood warnings mean at https://flood-warning-information.service.gov.uk/warnings Reason To ensure that the development can be properly drained and will be safe from flooding. Land Contamination 21 Prior to any construction works commencing on the café building a detailed Phase II Intrusive Site Investigation will be undertaken to confirm the nature, presence and extent of contamination/mining legacies and the risk it presents to human health, controlled waters, proposed structures and all other receptors. The scope for investigation works will be forwarded to the Local Authority for review and comment prior to any investigation works commencing. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority and shall be undertaken in accordance with the guidance document ‘Land Contamination Risk Management’ (October 2020) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017). Reason To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework. 22 Gas monitoring shall be undertaken at the site prior to construction works commencing. Subject to the findings of the gas monitoring results, the following information will be required to be submitted to the Local Authority for review and comment: a. Prior to construction of the new café building a Detailed Design Report for Gas Mitigation Measures will be provided and shall be in accordance with the recommendations made by the consultant. The gas protection measures will be installed by appropriately trained and qualified personnel. b. Post construction, a Verification Report is to be provided to confirm that the measures constructed/installed meet the required standards. Inspection reports for these will be forwarded to the Local Authority for review and comment, before the café building is brought into use. Reason To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework. 23 Cut and fill earthworks may be required at the site so that development platforms can be achieved. These earth works shall be carried out under a Materials Management Plan, written and declared in accordance with the CL:AIRE Definition of Waste Code of Practice approved by the Environment Agency. This document shall be forwarded to the Local Authority for review and comment prior to above ground works commencing on the new café building. Reason To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework. 24 Subject to condition 22 above and prior to development commencing on the café building, a Remediation Method Statement shall be provided and approved by this Local Authority prior to any remediation works commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation. The approved Remediation works shall be carried out in accordance with the findings identified within the Phase II Intrusive Investigation Report and under a full quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance before the café building is brought into use. The Local Authority must be given two weeks written notification of commencement of the remediation works. Reason To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework. 25 If subsoil/topsoil is required to be imported to site for remedial works/areas of soft landscaping, 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. Reason To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework. 26 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. Reason To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework. 27 Following completion of any remedial/ground preparation works a Validation Report will be forwarded to the Local Authority for review and comment. The Validation Report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the validation report together with the necessary documentation detailing what waste materials have been removed from the site. Each phase of the site shall not be brought into use until such time as all validation data has been approved by the Local Authority. Reason To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework. Coal Mining 28 No construction works on the café hereby approved shall commence until: a) A scheme of intrusive site investigations has been carried out on site to establish the risks posed to the development by past coal mining activity, and b) Any remediation works and / or mitigation measures to address land instability from coal mining legacy, as may be necessary, have been implemented on site in full. This should include the submission of the approved site layout plan and for this to illustrate the position and orientation of the opencast highwall(s) if found. Any building or structure should avoid this feature where possible. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. Reason In order to ensure that the site is made safe and stable for the development proposed. 29 Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Reason In order to ensure that the site is made safe and stable for the development proposed. Local Labour Agreement 30 Construction Phase Prior to the commencement of construction works on the new café building, a Local Labour Agreement relating to the construction phase of the development shall be submitted to and approved in writing by the Local Planning Authority. The scope of the Agreement shall be agreed in writing prior to submission of the formal document. The development shall thereafter be carried out in accordance with the approved Agreement. Reason To improve skills in all of Rotherham’s communities through the promotion of access to training, education and local employment opportunities, in accordance with Policy CS10 ‘Improving Skills and Employment Opportunities’. 31 Operational Phase Prior to the operational use of the new café building hereby approved, a Local Labour Agreement outlining measures to be taken to employ local workers for the operational phase of the development shall be submitted to and approved in writing by the Local Planning Authority. The scope of the Agreement shall be agreed in writing prior to submission of the formal document. The development shall thereafter be carried out in accordance with the approved details. Reason To improve skills in all of Rotherham’s communities through the promotion of access to training, education and local employment opportunities, in accordance with Policy CS10 ‘Improving Skills and Employment Opportunities’. 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 7, 11 and 30 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 7, 11 and 30 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.’ Informative(s) 01 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 the Magistrates' Court. It is therefore recommended that you give serious consideration to reducing general disturbance by minimising dust and preventing mud, dust and other materials being deposited on the highway. It is advised that the guidance below is followed and incorporated within the CEMP: 1. Except in case of emergency, no operations shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall 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 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. 2. 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 noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in British Standard 5228 Code of Practice; 'Noise Control on Construction and Open Sites', and Minerals Planning Guidance Note 11 (1993) 'The Control of Noise at Surface Mineral Workings'. 3. At all times during the carrying out of operations authorised or required under this permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer. 4. Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer. 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 The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required. 04 Surface water drainage plans should include the following: • Rainwater pipes, gullies and drainage channels including cover levels. • Inspection chambers, manholes and silt traps including cover and invert levels. • Pipe sizes, pipe materials, gradients and flow directions. • Soakaways, including size and material. • Typical inspection chamber / soakaway / silt trap and SW attenuation details. • Site ground levels and finished floor levels. 05 On Site Surface Water Management The site is required to accommodate rainfall volumes up to 1 in 100 year return period (plus climate change) whilst ensuring no flooding to buildings or adjacent land. The applicant will need to provide details and calculations including any below ground storage, overflow paths (flood routes), surface detention and infiltration areas etc. to demonstrate how the 100 year + 40% CC rainfall volumes will be controlled and accommodated. Where cellular storage is proposed and is within areas where it may be susceptible to damage by excavation by other utility contractors, warning signage should be provided to inform of its presence. Cellular storage and infiltration systems should not be positioned within highway. Guidance on flood pathways can be found in BS EN 752. 06 The applicant may require written consent from the Environment Agency, for any proposed discharge to “controlled waters” (main river/watercourse). 07 The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework. 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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