| 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. Condition numbered 03 of this permission requires matters to be approved before development works begin; however, in this instance the condition is 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 number 03 is fundamental to the acceptability of the development and the nature of the further information required to satisfy this condition 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 two 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
• Highwall Park General Arrangement Plan - Phase 1 - PWP 700 441 Rev 01
• Highwall Park Full Site Location Plan Location Plan - A042756-51 TTE 00 ZZ DR C 0105 Rev P05
• North Proposed Drainage Design- A042756-51 TTE 00 3Ba DR C 0512 Rev P02
• Highwall Park North Proposed Finished Levels Contours A042756-51 TTE 00 3Ba DR C 0110 Rev P02
• Highwall Park North Cross Sections (sheet 1 of 2) - A042756-51 TTE 00 3Ba DR C 0602 Rev P02
• Highwall Park North Cross Section (sheet 2 of 2) - A042756-51 TTE 00 3Ba DR C 0603 Rev P02
• Proposed Earthworks Cut-Fill - A042756-51 TTE 00 3Ba DR C 0607 Rev P02
• Full Site Drainage General Arrangement - A042756-51 TTE 00 ZZ DR C 0510 Rev P02
• Full Site Proposed Contours - A042756-51 TTE 00 ZZ DR C 0606 Rev P02
• Full Site Earthworks - A042756-51 TTE 00 ZZ DR C 0620 Rev P04
• The Lawns Typical Drainage Detail - A042756-51 TTE 00 ZZ DR C 0205 P02
• The Lawns Proposed Contours - WHWPL TTE 00 XX DR C 0605 Rev P02
• The Lawns Proposed Cut & Fill - WHWPL TTE 00 XX DR C 0615 Rev P04
• The Lawns Cross Sections Sheet 1 - WHWPL TTE 00 ZZ DR C 0405 Rev P02
• The Lawns Cross Section Sheet 2 - WHWPL TTE 00 ZZ DR C 0406 Rev P02
• The Lawns Proposed Drainage General Arrangement Sheet 1 - WHWPL TTE 00 XX DR C 0505 Rev P02
• The Lawns Proposed Drainage General Arrangement Sheet 2 - WHWPL TTE 00 XX DR C 0506 Rev P02
• The Lawns Proposed Drainage General Arrangement Sheet 3 - WHWPL TTE 00 XX DR C 0507 Rev P02
• The Lawns Proposed Drainage General Arrangement Sheet 4 - WHWPL TTE 00 XX DR C 0508 Rev P02
• Wetland Typical Details - WHWPW TTE 00 ZZ DR C 0200 Rev P02
• Wetland Ponds Cross Section - WHWPW TTE 00 ZZ DR C 0201 Rev P02
• Wetland Watercourse 1 Cross Sections - WHWPW TTE 00 ZZ DR C 0400 Rev P02
• Wetland Watercourse 2 Cross Sections - WHWPW TTE 00 ZZ DR C 0401 Rev P03
• Wetlands Proposed Drainage General Arrangement - WHWPW TTE 00 ZZ DR C 0503 Rev P02
• Wetlands Proposed Contours - WHWPW TTE 00 ZZ DR C 0600 Rev P03
• Wetlands Cut and Fill - WHWPW TTE 00 ZZ DR C 0610 P03
Reason
To define the permission and for the avoidance of doubt.
03
Prior to commencement of development, a detailed landscape scheme for Phase one area 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.
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 Local Plan Policy.
04
No materials shall be imported onto or exported off the site without the prior approval of the Local Planning Authority.
Reason
In accordance with the supporting information submitted with the application and in the interest of highway safety.
05
All cut and fill earthworks 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 submitted to and approved by the Local Planning Authority and the approved works implemented on site.
Reasons
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.
06
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 Planning Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
Reasons
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.
07
Due to elevated sulphate concentrations being detected, any buried concrete to be used on site shall be designed to a design sulphate classification of DS-2 for made ground, with a corresponding ACEC class of AC-2. The design sulphate classification used will need to be evidenced.
Reasons
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.
08
If subsoil/topsoil is required to be imported to site for soft landscaping works, then these soils will need to be tested at a rate and frequency to be agreed with the Local Planning Authority to ensure they are free from contamination. The results of which will need to be presented within a Verification Report.
Reasons
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.
09
All ecological measures and/or works shall be carried out in accordance with the details contained in submitted Waverly Ecological Checklist dated September 2023.
Reason
In the interest of Biodiversity at the site.
Informative
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.
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.
|
