| 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 –
• Location Plan
• Proposed Block Plan
• Proposed Layout Plan MS/105/23-02
• Proposed Elevation Plan MS/105/23-03
Reason
To define the permission and for the avoidance of doubt.
03
No above ground development shall take place until details of the materials to be used in the construction/cladding of the external surfaces of the development hereby permitted have been submitted and the details have been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
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.
05
Within 1 month of the development hereby approved being brought into use the existing buildings to be to be removed shown hatched on the site plan submitted on 22nd March 2024 shall be wholly removed from the site.
Reason
In the interest of the visual amenity of the area in accordance with Local Plan policies.
06
Notwithstanding the submitted information, the new fence and gates to be provided as shown marked on the approved site plan shall be 2m high black paladin fencing.
Reason
In the interest of the visual amenity of the area in accordance with Local Plan policies.
07
All gates shall be hung so as not to encroach into the highway when open or being opened.
Reason
In the interest of highway safety
08
The development hereby granted shall not be begun until 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 Policy CS25 of the Local Plan.
09
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 CS24 of the Local Plan.
10
The following activities must not be carried out under any circumstances.
a. No fires to be lit on site within 10 metres of the nearest point of the canopy of any retained tree/hedgerow on or adjacent to the proposal site.
b. No equipment, signage, fencing etc shall be attached to or be supported by any retained tree on or adjacent to the application site,
c. No temporary vehicle access within designated root protection areas
d. No mixing of cement or dispensing of fuels or chemicals within 10 metres of any retained tree/hedgerow on or adjacent to the application site.
e. No soak- aways to be routed within the root protection areas of any retained tree/hedgerow on or adjacent to the application site.
f. No mechanical excavations within the root protection areas of any retained tree/hedgerow on or adjacent to the application site.
g. No topsoil, building materials or other to be stored within the root protection areas of any retained tree/hedgerow on or adjacent to the application site.
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 in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
11
The use hereby permitted shall only operate between the hours of 08:00hrs and 18:00hrs Mondays to Saturdays, and 10:00hrs and 16:00hrs on Sundays.
Reason
In the interest of the amenity of nearby residents in accordance with Local Plan Policies.
Informatives
01
Environment Agency
The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:
• on or within 8 metres of a main river (16 metres if tidal)
• on or within 8 metres of a flood defence structure or culverted main river (16
metres if tidal)
• on or within 16 metres of a sea defence
• involving quarrying or excavation within 16 metres of any main river, flood
defence (including a remote defence) or culvert
• in the floodplain of a main river if the activity could affect flood flow or storage and potential impacts are not controlled by a planning permission
For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities-
environmental-permits or contact our National Customer Contact Centre on 03708 506506. The applicant should not assume that a permit will automatically be forthcoming
once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.
02
Flood Resilience
Flood resilience should be duly considered in the design of the new building/s or renovation. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BRE Good Building Guide 84
To find out about other factors that might affect the flood risk of this location, you should also check:
• surface water, groundwater and reservoir flood risk
• Rotherham planning authority's strategic flood risk assessment (SFRA), which includes future flood risk
In order to discharge Condition 08 & 09 (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.
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
|
