| 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 08, 10 & 25 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 08, 10 & 25 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 –
• Location Plan 2104-JSA-XX-XX-DR-A-01001 Rev P1
• Proposed Detailed Site Plan 2104-JSA-XX-XX-DR-A-02001 Rev P3
• Proposed Ground Floor GA Plan 2104-JSA-XX-00-DR-A-02001 Rev P8
• Proposed First Floor GA Plan 2104-JSA-XX-01-DR-A-02002 Rev P8
• Proposed Second Floor GA Plan 2104-JSA-XX-02-DR-A-02003 Rev P8
• Proposed Third Floor - Roof GA Plan 2104-JSA-XX-03-DR-A-02004 Rev P7
• Proposed GA Elevations 2104-JSA-XX-XX-DR-A-04001 Rev P7
• Proposed GA Sections 2104-JSA-XX-XX-DR-A-03001 Rev P6
• Proposed Hard landscape Proposals SF 3408 LL02 Rev A
• Proposed Soft Landscaping Proposals SF 3408 LL01 Rev B
Reason
To define the permission and for the avoidance of doubt.
03
Prior to the commencement of any above ground development details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted 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 Local Plan Policy CS28 Sustainable Design.
04
Prior to the commencement of any above ground development details of the materials and elevational treatment of the substation and cycle parking facilities shall be submitted to 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 they are appropriate in the interests of visual amenity and in accordance with Local Plan Policy CS28 Sustainable Design.
05
Prior to the commencement of any above ground development details of the security fence shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented on site.
Reason
To ensure that appropriate fencing is used in the construction of the development in the interests of visual amenity and in accordance with Local Plan Policy CS28 Sustainable Design
TRANSPORTATION
06
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
In the interest of Highway Safety
07
Before the development is brought into use the car parking area shown on approved site plan shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interest of Highway Safety
08
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority (in regard to the proposed extension of the footway/cycle path)
Reason
In the interest of Highway Safety
09
Before the proposed development is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a time bound programme of implementation, monitoring and regular review and improvement. The Local Planning Authority shall be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of
progress performance reports as time tabled in the programme of implementation.
Reason
In the interest of Highway Safety
10
Prior to the commencement of works a Construction Traffic Management Plan shall be submitted to and approved in writing by the Council and the approved plan shall be adhered to throughout the construction period. The Statement shall provide for; Storage / loading / unloading of materials / plant / measures to prevent mud and debris being brought into the highway and car parking facilities for the construction staff.
Reason
In the interest of Highway Safety
DRAINAGE
11
The development shall be carried out in accordance with the details shown on the submitted plan, "'Flood Risk Assessment' 47262-0002 (issue 1) prepared by Eastwood, dated 27/0/23", unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage.
12
Prior to the commencement of any above ground development details of the foul & surface water 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 Local Plan Policy CS25.
13
Unless otherwise approved in writing by the Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.
Reason
To ensure that no foul or surface water discharge take place until proper provision has been made for their disposal in accordance with Local Plan Policy CS24.
AMENITY
14
Noise from all fixed mechanical services and fixed plant shall be effectively controlled so that the combined rating level of noise from all such equipment shall be 5dB below the existing background sound level at any time when measured outside noise sensitive receptors at Mitchell Way and Sorby Row, Catcliffe, Rotherham. ‘Rating Level’ and ‘Background Sound Level’ are as defined in BS 4142:2014+A1:2019.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance
with Local Plan Policy SP52 and the NPPF.
LANDSCAPE
15
Landscaping of the site as shown on the approved plan (Smeedon Foreman drawing
no. SF3408 LL01 Revision B) shall be carried out during the first available planting
season after commencement of the development and thereafter maintained for the
lifetime of the development.
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 and in accordance with Policies CS19 Green Infrastructure and SP32 Green Infrastructure and Landscape.
LAND CONTAMINATION
16
Further additional soil sampling and testing within the area of trial pit TP09 will be required to delineate the identified lead affected area to facilitate its removal from site. These works shall be undertaken in accordance with the remedial recommendations detailed within the report entitled ‘Remediation Implementation Plan – Vulcan, Brindley Way, Rotherham’ - prepared by Eastwood Consulting Engineers, dated 11th January 2024, reference 47260-ECE-XX-XX-RP-C-0006. The findings of these further works and the remedial actions undertaken will be reported within a Verification Report
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and the National Planning Policy Framework.
17
Prior to the commencement of above ground development, a Detailed Design Report for Gas Mitigation Measures to include 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 shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented within the development.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and the National Planning Policy Framework.
18
Installation of the gas protection measures shall be submitted and verified in accordance with the approved Detailed Design Report for Gas Mitigation Measures and a Verification Report shall be submitted and approved by the Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and the National Planning Policy Framework.
19
Due to elevated sulphate concentrations being detected, buried concrete for the site should be designed to a design sulphate classification of DS-3 for made ground, with a corresponding ACEC class of AC-3. The design sulphate classification used will be evidenced within a letter/report for the site.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and the National Planning Policy Framework.
20
Prior to above ground works commencing, suitable water supply pipes will need to be specified and approved in writing by the Local Planning Authority to ensure resistance from chemical attack from residual contaminants remaining within the made ground. The use of the approved water supply pipe will need evidencing within a letter/report for the site.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and the National Planning Policy Framework.
21
In the event that 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 Planning 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 Local Plan Policy SP54 and the National Planning Policy Framework.
22
Post construction, if subsoil/topsoil is required to be imported to site for 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. The results of which will need to be presented in the format of a Validation Report.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and the National Planning Policy Framework.
23
Following completion of any required remedial/ground preparation works a Verification Report shall be submitted and approved by the Local Planning 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 Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and the National Planning Policy Framework.
ECOLOGY
24
Notwithstanding the submitted details, before above ground 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 approved details shall be implemented on site prior to the development being brought into use.
Reason
To promote biodiversity at the site in accordance with Local Plan policy SP33 Conserving and Enhancing the Natural Environment.
25
No development shall commence until Biodiversity Enhancement & Management Plans (BEMPs) for each site have been submitted to and approved in writing by the Local Planning Authority. The Plans shall be in accordance with the Biodiversity Mitigation Proposal VBNGR – REV1 – Public – 07/24 submitted on 02/07/2024 and provide a:
i) Description and evaluation of features to be managed and enhanced; including
a) Description of new landscape planting incorporating native plant species
b) Gaps of suitable dimensions (130mmx 130mm) should be provided at the foot of permanent perimeter and boundary fences at selected points to permit the movement of hedgehogs around the site post construction.
c) To ensure that holes are kept open ‘Hedgehog Highway’ signage should be provided (sourced by Peoples Trust for Endangered Species and/or British Hedgehog Preservation Society) and secured above the holes.
d) The location and number of bat roosting features should be included within the development site.
e) The location and number of bird nest boxes should be integrated into the development.
ii) Extent and location/area of proposed enhancement works on appropriate scale
maps and plans;
iii) Aims and Objectives of Management of areas within the applicants control;
iv) Appropriate Management Actions for achieving Aims and Objectives in relation to areas within the applicants control;
v) An annual work programme (to cover an initial 5 year period) in relation to areas within the applicants control;
For each of the first 5 years of the plans, in relation to areas within the applicants control a progress report shall be sent to the Local Planning Authority reporting on progress of the annual work programme and confirmation of required actions for the next 12 month period.
The approved details shall be implimented and shall be retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
To promote Biodiversity in accordance with Local Plan Policy SP33 Conserving and Enhancing the Natural Environment.
ENVIRONMENTAL
26
Prior to the commencement of above ground development a BREEAM assessment report demonstrating that the development will achieve BREEAM 'Very Good' rating as a minimum shall be submitted to and approved, in writing, by the Local Planning Authority. No building shall be occupied until a BREEAM certificate confirming the scheme has achieved “Very Good” has been submitted to and agreed, in writing, by the Local Planning Authority.
Reason
To achieve a sustainable form of development in accordance with Policy SP57 Sustainable Construction and the NPPF.
27
The development shall be completed in accordance with the approved electric vehicle charging details shown on approved site plan ref: 2104-JSA-XX-XX-DR-A-02001 Ref P3 and retained in perpetuity. The development shall not be occupied until the charging point is provided.
Reason
In the interests of sustainable development and air quality in accordance with the Local Plan and the NPPF
COMMUNICATION
28
Prior to the commencement of above ground development details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, including a timescale for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason
In accordance with Local Plan Policy SP61 Telecommunications and Chapter 10 of the NPPF.
Informatives
01
The 2.4m high security fence should be a grey paladin fence or similar to match other plots.
02
The site will require a walkover by a suitably qualified ecologist prior to works commencing to determine the status of badgers within the site.
03
No removal of hedgerows, trees or shrubs 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.
04
In order to discharge Condition 12 &13 (drainage details), the applicant is advised that they would be expected to submit information including but not limited to the
following:
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.
Surface Water Discharge From Brownfield Site:
There should be no increase in surface water discharge from the site to existing sewers / watercourses. On site surface water attenuation will therefore be required if drained areas to existing sewers / watercourses are to be increased.
A 30% net reduction to existing peak discharge (up to a 1/100 yr storm + 40% CC) will be required if the site is being re-developed. A full justification will be required where the development cannot achieve the 30% betterment on the existing run-off rate.
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.
05
BNG
In relation to Condition 25 the Management elements require information relating to the onsite mitigation planting as well as the offsite mitigation planting on land in control of the applicant. The proposed mitigation planting within the highway will be manged by RMBC.
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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