| Conditions / Reason for Refusal: |
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
(Amended Site Plan 12930_AEW_1795_1004 Rev H)
(Drainage Document MD4220444/HG/002)
(Proposed Elevations 12930_AEW_1795_1005 Rev B)
(Proposed Rood and Floor Plan 12930_AEW_1795_1006 Rev B)
(Proposed Amended Landscape Plan 04 Rev E)
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the buildings hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing nos. 12930_AEW_1795_1005 Rev B.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity
Highways
04
Before the development is brought into use the sight lines indicated on the submitted plan reference AMA/50063/SK/07 shall be rendered effective by removing or reducing the height of anything existing on the land between the sight line and the highway which obstructs visibility at any height greater than 600mm above the level of the adjacent footway and the visibility thus provided shall be maintained.
Reason
In the interest of highway safety.
05
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 sustainable drainage.
06
Before the development is brought into use the car parking area shown on the submitted plan reference 12930_AEW_1795_1004 Rev H shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure adequate on site parking.
07
The measures contained within the Travel Plan (Ref: 50063-002) dated March 2024 shall be fully implemented during the lifetime of the development.
Reason
To promote sustainable forms of transport
08
Prior to the commencement of any works, 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– 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 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
- Site layout
- Operational hours
- Expected duration of demolition and construction work phases
• Site Management
- Contact details of site manager for public liaison purposes
- Complaints procedure
- Roles and responsibilities
• Routes for Construction Traffic
- Routes to be used for access onto site and egress
- One way systems
- Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
- Delivery access point details
- Location details of storage areas
- Delivery times of materials and plant
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Dust suppression measures -General and machinery
- Wheel wash facilities
- Road sweeping facilities
- Covering of dusty stockpiles
- Vehicles carrying dusty loads
- Dust monitoring
- Boundary checks
- Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery
- Mitigation measures for noisy operations
- Operational hours
- One way systems
- Vehicle reverse alarms
- Leaflet drops to noise sensitive premises
• Artificial Lighting
- Hours of operation of the lighting
- Location and specification of all of the luminaires
- Level of maintained average horizontal illuminance for the areas that needs to be
illuminated
- Predicted vertical illuminance that will be caused by the proposed lighting when
measured at windows of any properties in the vicinity
- 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
- Waste storage
- Waste collection
- Recycling
- Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with Part 15 of the NPPF and RMBC Policy SP52.
Ecology
09
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. Informative: Guidance regarding lighting issues can be found in the ‘Guidance Note 08/23: Bats and Artificial Lighting At Night’ Institute of Lighting Professionals, 2023.
Reason
To prevent excessive light pollution.
10
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.
Reason
To protect existing ecology on site.
11
No development shall commence until Biodiversity Enhancement & Management Plans (BEMPs) for the site has been submitted to and approved in writing by the Local Planning Authority. The Plans shall provide:
i) Description and evaluation of features to be managed and enhanced;
ii) Extent and location/area of proposed enhancement works on appropriate scale maps and plans;
iii) Aims and Objectives of management;
iv) Appropriate Management Actions for achieving Aims and Objectives;
v) An annual work programme (to cover an initial 5 year period);
For each of the first 5 years of the Plans, 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 Plans shall be reviewed and updated every 5 years to ensure their aims and objectives are being met. The approved Plans will be implemented in accordance with the approved details.
The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
To ensure biodiversity enhancement on site.
Land Contamination
12
Due to the presence of made ground on site, foundation design will need to be undertaken in accordance with the recommendations made within section D, pages 4-9 of the report entitled ' Phase II Site Investigation and Risk Assessment Report – McDonalds, Campbell Way, Dinnington’ – prepared by Southern Testing Laboratories Ltd, dated 7th December 2022, Project ID JN1712, Final Report
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and the National Planning Policy Framework.
13
Prior to above ground works commencing, 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 design.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and the National Planning Policy Framework.
14
Post construction, a Gas Verification Report is to be provided to confirm that the measures constructed/installed meet the required standards. A verification report 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 the National Planning Policy Framework.
15
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 the National Planning Policy Framework.
16
Any buried concrete to be used on site shall be designed to a design sulphate classification of DS-4 for made ground, with a corresponding ACEC class of AC-4.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and the National Planning Policy Framework.
17
Prior to the installation details of water supply pipes capable of resisting chemical attack from residual contaminates shall be submitted to and approved in writing by the local planning authority. The approved pipes shall then be used in the development.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and the National Planning Policy Framework.
18
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.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and the National Planning Policy Framework.
19
Following completion of any remedial/ground preparation works a Validation Report will be forwarded to this 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 postremedial 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. 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 the National Planning Policy Framework.
Electric Charging
20
Prior to the site being first brought into use, the 4 EV charging points indicated on
drawing number 12930_AEW_1795_1004 Rev H shall be installed. These charging points shall be a minimum of 7KW charging points, unless otherwise agreed in writing with the Local Planning Authority. Additionally, after 5 years of operation a usage report shall be undertaken and submitted to the Local Planning Authority, to assess if additional EV Charging points up to a total of 10 are required. Should additional EV charging points be required then they shall be provided within 6 months following agreement with the Local Planning Authority.
Reason
In the interests of air quality and to provide users of the site with EV charging.
Local Labour Agreement
21
Prior to the operational use of the 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’.
22
All cooking fumes shall be exhausted from the building via an extraction system which as a minimum shall include course filtration, fine filtration via an electrostatic precipitator (ESP) and an ultraviolet (UV)/ozone injection system (with a minimum residence time of 0.2 seconds) as detailed and illustrated in Section 8 of the Odour Control Assessment by CDM Partnership, dated 15th December 2023 (Ref: 231215 McD Dinnington Odour Control Rev B). Discharges shall be of a minimum velocity of 15m/s at a point not less than 1m above the eaves of the building. The extraction/filtration system shall be operated and maintained in accordance with the manufacturer’s instructions and that specified in Section 9 of the Odour Control Assessment. The system shall be operated effectively during cooking operations.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 and 15 of the NPPF.
23
Only external fixed plant of the quantities and specifications detailed in Section 5 of the Noise Impact Assessment by Encon Associates dated 19th December 2023 (Report Reference Number: A5761) shall be installed and operated on site. All external fixed plant shall be located on the roof of the main building and be shielded by a parapet wall with no direct line of site of plant at receptor locations. Sound Power Levels (SWL) and Sound Pressure Levels (SPL) of items of external fixed plant shall not exceed those specified in Table 4 of Section 5. All external fixed plant shall be operated and maintained in accordance with the manufacturer’s instructions.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 and 15 of the NPPF.
24
Litter bins shall be provided and maintained on site as indicated on the proposed site plan (Ref: 12930_AEW_1795_1004 Rev H).
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
24
Prior to the restaurant being brought into use details of a litter management plans shall be submitted to and approved in writing by the Local Planning Authority.
Reason
In the interest of Local Amenity.
Informatives
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.
02
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.
03
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.
04
This development would benefit from being built to Secured by Design standards.
All external doors must meet one of the following:
PAS 24:2022
LPS 1175 SR 2
STS 201 or STS 202 BR2
More information can be found at www.securedbydesign.com
Any glazing used at ground floor level must be laminated.
All entrances should be well lit.
The Car Park should be well lit with no dark areas, all landscape should be kept low to aid surveillance.
Lighting design should be co-ordinated with a CCTV installation and the landscape design to avoid any conflicts and to ensure that the lighting is sufficient to support a CCTV system. Light fittings should be protected where vulnerable to vandalism and the lighting scheme in line with standard BS5489.
Any external bin stores should be lockable to prevent attempted arson attacks.
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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