| 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 4, 34 and 36 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 4, 34 and 36 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.’
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 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) and in accordance with all approved documents.
S0-XX-DR-A-10-000-P1 Rev P01 – Location Plan
S0-XX-DR-A-20-001-P1 Rev P05 – Site Layout Plan
S0-XX-DR-A-10-010-P1 Rev P01 – Demolition Plan
S0-XX-DR-A-20-100-P1 Rev P04 – West and East Elevations
S0-XX-DR-A-20-101-P1 Rev P04 – North and South Elevations
S0-XX-DR-A-20-010-P1 Rev P06 – Ground Floor Plan
S0-XX-DR-A-20-011-P1 Rev P02 – First Floor Plan
S0-XX-DR-A-20-012-P1 Rev P02 – Second Floor Plan
S0-XX-DR-A-20-013-P1 Rev P02 – Third Floor Plan
S0-XX-DR-A-20-014-P1 Rev P03 – Roof Plan
S0-XX-DR-A-25-000-P1 Rev P01 – Unit Types
B034571-TTE-00-COR-DR-C-0500 Rev P02 – General Drainage Arrangement
B034571-TTE-00-COR-DR-C-0505 Rev P02 – Proposed Site Levels
B034571-TTE-00-COR-DR-C-0600 Rev P01 – Proposed Cut and Fill Earthworks
B034571-TTE-COR-ZZ-DR-C-0504 Rev P02 – Proposed Surface Finishes Plan
Reason
To define the permission and for the avoidance of doubt.
Materials
03
Prior to construction works commencing above ground level details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to the Local Planning Authority or samples of the materials shall be left on site, and 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
Construction Management Plan
04
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.
Restrictions
05
The ground floor commercial spaces indicated on drawing S0-XX-DR-A-20-010-P1 Rev P06 shall be used for uses falling within Class E (a), (b), (c), (d), (e), (f) and (g)(i) only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, as amended.
Reason
The premises are not considered suitable for general use within the Class quoted for residential amenity reasons.
06
Prior to each ground floor commercial space indicated on drawing S0-XX-DR-A-20-010-P1 Rev P06 being brought into use, details of their opening hours shall be submitted to and approved in writing by the Local Planning Authority.
Reason
In the interests of residential amenity.
07
No cooking of food shall take place in connection with any business located within the commercial units as indicated on the ground floor plan (drawing no. indicated on drawing S0-XX-DR-A-20-010-P1 Rev P06). Only the reheating of pre-cooked foods shall be permitted.
Reason
To safeguard the amenities of the occupiers of nearby properties.
General Amenity
08
Glazing to living rooms and bedrooms of all facades shall comply with the specification as detailed in Table 4.0 of the Noise Impact Assessment carried out by Nova Acoustics dated 29th June 2022 (project no. 7929RK). The glazing shall achieve a minimum sound reduction of 34dB RW + Ctr.
Reason
To safeguard the amenities of the occupiers of the proposed development.
09
Ventilation to living rooms and bedrooms of all facades shall comply with the specification as detailed in Table 5.0 of the Noise Impact Assessment carried out by Nova Acoustics dated 29th June 2022 (project no. 7929RK) ‘through wall’ mechanical ventilation. The mechanical ventilation system shall achieve a minimum sound reduction of 52dB Dn,e,w + Ctr.
Reason
To safeguard the amenities of the occupiers of the proposed development.
10
Internal ambient noise levels from the operation of the mechanical ventilation system shall comply with the specification as detailed in Table 6.0 of the Noise Impact Assessment carried out by Nova Acoustics dated 29th June 2022 (project no. 7929RK).This shall achieve = 26.0 dB LAeq in bedrooms and = 30.0 dB LAeq (low ventilation rate) and = 35.0 dB LAeq (high ventilation rate) in living rooms.
Reason
To safeguard the amenities of the occupiers of the proposed development.
11
The roof and façade shall each be constructed so as to achieve a minimum sound reduction of 50dB Rw.
Reason
To safeguard the amenities of the occupiers of the proposed development.
12
No noise generating fixed plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. A suitably competent person must carry out the assessment to ensure the cumulative plant rating noise limit level of 43 dBA during the day and 41 dBA during the night at the closest residential property as specified in Table 11.0 of the Noise Impact Assessment carried out by Nova Acoustics dated 29th June 2022 (project no. 7929RK) can be achieved.
Reason
To safeguard the amenities of the occupiers of the proposed development.
13
The cumulative fixed plant rating noise limit level of 43 dBA during the day and 41 dBA during the night at the closest residential property as specified in Table 11.0 of the Noise Impact Assessment carried out by Nova Acoustics dated 29th June 2022 (project no. 7929RK) shall not be exceeded.
Reason
To safeguard the amenities of the occupiers of the proposed development.
Ecology
14
The development hereby permitted shall be carried out in accordance with the submitted Biodiversity Net Gain Report prepared by Elite Ecology and dated April 2023, to ensure that there is a minimum 10% net gain in biodiversity within a 30 year period as a result of the development and the Plan shall be implemented in full.
Reason
In the interests of biodiversity enhancement.
15
Notwithstanding the submitted details, before above ground construction works commence details of external / internal lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall clearly demonstrate that lighting will not cause excessive light pollution or disturb or prevent bats or other species using key corridors, foraging habitat features or accessing roost sites.
The details shall include, but not limited to, the following:
a) A drawing showing sensitive areas and/or dark corridor safeguarding areas;
b) Technical description, design or specification of external lighting to be installed including shields, cowls or blinds where appropriate;
c) A description of the luminosity of lights and their light colour;
d) A drawing(s) showing the location and where appropriate the elevation and height of the light fixings;
e) Methods to control lighting control (e.g. timer operation, passive infrared sensor (PIR));
f) Lighting contour plans both horizontal and vertical where appropriate and taking into account hard landscaping, etc.
All external/internal lighting shall be installed in accordance with the specifications and locations set out in the approved details. These shall be maintained thereafter in accordance with these details. Under no circumstances shall any other external lighting be installed.
Guidance regarding lighting issues can be found in the ‘Guidance Note 08/18: Bats and artificial lighting in the UK’ (Institute of Lighting Professionals, 2018).
Reason
In the interests of biodiversity enhancement.
16
No removal of hedgerows, trees or shrubs or buildings shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
17
The development hereby permitted shall be carried out in accordance with sections 5.3.1 and 5.3.5 of submitted Preliminary Ecological Appraisal prepared by Elite Ecology and dated April 2022, to ensure mitigation measures for badgers and hedgehogs are implemented within the development and thereafter maintained.
Reason
In the interests of biodiversity enhancement.
18
The development hereby permitted shall be carried out in accordance with the recommendations set out in Section 4 of the submitted ‘Invasive Non-Native Species Protocol Report’ prepared by Elite Ecology dated August 2022.
Reason
In the interests of biodiversity enhancement.
19
Notwithstanding the submitted details, before above ground construction works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes and nesting opportunities for birds, shall be submitted to and agreed in writing with the Local Planning Authority. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
The scheme shall include, but not limited to, the following details:
a) Description, design or specification of the type of feature(s) or measure(s) to be undertaken;
b) Materials and construction to ensure long lifespan of the feature/measure
c) A drawing(s) showing the location and where appropriate the elevation of the features or measures to be installed or undertaken.
d) When the features or measures will be installed within the construction, occupation, or phase of the development.
Reason
In the interests of biodiversity enhancement.
Landscapes
20
Notwithstanding the information submitted with the application, prior to commencement of construction works above ground level, a 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 maintenance and a schedule of operations for the lifetime of the development, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme.
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.
21
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.
Drainage
22
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.
Reason
In the interest of satisfactory and sustainable drainage.
23
No building or other obstruction including landscape features shall be located over or within 3 metres either side of the centre line of the public sewer i.e. a protected strip width of 6 metres, that crosses the site. Furthermore, no construction works in the relevant area(s) of the site shall commence until measures to protect the public sewerage infrastructure that is laid within the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority. The details shall include but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times. If the required stand-off or protection measures are to be achieved via diversion or closure of the sewer, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that, prior to construction in the affected area, the approved works have been undertaken.
Reason
In the interest of public health and maintaining the public sewer network.
24
There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:-
a) the means of restricting the discharge to public sewer to the existing rate not to exceed 8.896 litres per second.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal and in the interest of sustainable drainage.
25
No construction work above ground level shall commence until details of the foul, surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin and in accordance with Policy CS25 of the Local Plan.
Land Contamination
26
Prior to above ground construction works commencing, a Phase II Intrusive Site Investigation complete with ground gas monitoring shall be undertaken to assess the geotechnical and geo-environmental constraints at the site. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced and will be subject to approval in writing by this Local Planning Authority.
The above works shall be conducted in line with 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.
27
Subject to the findings of condition 26 above and prior to development commencing, 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.
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.
28
Cut and fill earthworks may be required at the site so that a development platform 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.
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.
29
Subject to the findings of condition 26 above and prior to construction, a Detailed Design Report for Gas Mitigation Measures will be provided for review and comment and shall provide details of the identified gas protection measures required, complete with drawings to show how the gas protection measures will fit into the overall building designs.
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.
30
Post construction, a Gas Verification Report is to be provided for each building to confirm that the measures constructed/installed meet the required standards. Inspection reports for each building will be forwarded to the Local Authority for review and comment.
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.
31
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. Works thereafter shall be carried out in accordance with an approved Method Statement. This is to ensure the development will be suitable for use and that identified contamination will not present significant risks to human health or the environment.
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.
32
Post construction, 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.
33
Following completion of any required remedial/ground preparation works a Verification Report should be forwarded to the Local Authority for review and comment. The Verification 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 Verification Report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all verification 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.
Local Labour Agreement
34
Construction Phase
Prior to the commencement of construction works on the building hereby approved, 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’.
35
Operational Phase
Prior to the operational use of the new retail space 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’.
Archaeology
36
Part A (pre-commencement)
No development or groundworks, other than demolition to slab level, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for archaeological investigation and this has been approved in writing by the Local Planning Authority. The WSI shall include:
• The programme and method of site investigation and recording.
• The requirement to seek preservation in situ of identified features of importance.
• The programme for post-investigation assessment.
• The provision to be made for analysis and reporting.
• The provision to be made for publication and dissemination of the results.
• The provision to be made for deposition of the archive created.
• Nomination of a competent person/persons or organisation to undertake the works.
• The timetable for completion of all site investigation and post-investigation works.
Part B (pre-occupation/use)
Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
Highways
37
Before the development is brought into use, that part of the site to be used by vehicles shall be properly 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.
All to the satisfaction of the Local Planning Authority and 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.
38
Prior to the development being brought into use, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.
Reason
In order to promote sustainable transport choices.
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
If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he should contact our Developer Services Team (telephone 0345 120 84 82, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Sewers for Adoption - a design and construction guide for developers' 6th Edition as supplemented by Yorkshire Water's requirements.
05
On the Statutory Sewer Map, there is a small diameter public combined water sewer recorded to cross the site. It is essential that the presence of this infrastructure is taken into account in the design of the scheme.
06
The developer is proposing to discharge surface water to public sewer however, sustainable development requires appropriate surface water disposal.
07
The SY Police Architectural Liaison Officer has indicated that the site should be developed to Secured by Design standards (www.securedbydesign.com). Accordingly, it is recommended that:
• Stairwells to be open and well lit, the user should be able to see the next staircase ahead.
• The entrance into the development should be well lit and offer as much natural surveillance to the street scene as possible.
• The apartment doors themselves should be to standard PAS 24:2016. All ground floor glazing to should also comply with this standard and be of laminated glass of 6.8 mm thickness. The doors for the commercial units and the communal doors into the development should be to standard LPS 1175 SR 2 or better.
08
To discharge condition 25, the applicant must provide proof of the section 104 agreement between Yorkshire water and developer.
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.
|
