| Conditions / Reason for Refusal: |
General
01
The development hereby permitted shall be commenced before the expiration of three years from the date of the original permission (RB2022/1017) being (13/10/2025).
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
4044-03-AWSM-XX-XX-DR-A-100-S2-P1 Location Plan
4044-03-AWSM-XX-ZZ-DR-A-101-S2-P1 Site Plan Site 1
4044-03-AWSM-XX-XX-DR-A-111-S2-P1 Plots 1-4 Plans & Elevations Site 1
4044-03-AWSM-XX-ZZ-DR-A-102-S2-P1 Site Plan Site 2
4044-03-AWSM-XX-XX-DR-A-112-S2-P1 Plots 1 and 2 Plans & Elevations Site 2
4044-03-AWSM-XX-ZZ-DR-A-103-S2-P1 Site Plan Site 3
4044-03-AWSM-XX-XX-DR-A-113-S2-P1 Plot 1 Plans & Elevations Site 3
4044-03-AWSM-XX-ZZ-DR-A-104-S2-P6 Site Plan Site 4
4044-03-AWSM-XX-XX-DR-A-114-S2-P3 Plots 1 and 2 Plans & Elevations Site 4
4044-03-AWSM-XX-XX-DR-A-115-S2-P2 Plot 3 Plans & Elevations Site 4
Reason
To define the permission and for the avoidance of doubt.
Affordable Housing
03
The development shall provide 10 affordable housing units.
Reason
In the interests of securing affordable housing.
Materials
04
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing nos:
4044-03-AWSM-XX-XX-DR-A-111-S2-P1
4044-03-AWSM-XX-XX-DR-A-112-S2-P1
4044-03-AWSM-XX-XX-DR-A-113-S2-P1
4044-03-AWSM-XX-XX-DR-A-114-S2-P3
4044-03-AWSM-XX-XX-DR-A-115-S2-P2
The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Boundary Treatments
05
The boundary treatment shown on drawings:
4044-03-AWSM-XX-ZZ-DR-A-101-S2-P1
4044-03-AWSM-XX-ZZ-DR-A-102-S2-P1
4044-03-AWSM-XX-ZZ-DR-A-103-S2-P1
4044-03-AWSM-XX-ZZ-DR-A-104-S2-P6
Shall be installed before the first dwelling on each site is occupied. The boundary treatments shall thereafter be retained and maintained.
Reason
In the interests of the visual amenity of the area.
Construction Management Plan
06
The construction works phase on all sites shall be carried out in accordance with the Revised Construction Environment Management Plan prepared by R. H. Fullwood & Co Ltd received on 30th January 2023 which was submitted and approved under RB2023/0086.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Highways
07
When the proposed vehicle accesses has been brought into use, any existing accesses shall be permanently closed and the kerb line reinstated in accordance with details to be submitted to and approved by the Local Planning Authority.
Reason
In the interests of road safety.
08
Before the development(s) are brought into use, that part of the site(s) 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 that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity
09
The development shall be carried out in accordance with the details submitted and approved under RB2023/00890 and set out in the following drawings:
00.22285-ACE-00-ZZ-DR-C-1000 - P1 - Drainage Strategy Greenfield Road - Site 1
00.22285-ACE-00-ZZ-DR-C-1001 - P1 - Drainage Strategy Hounsifeld Crescent - Site 2
00.22285-ACE-00-ZZ-DR-C-1002 - P1 - Drainage Strategy Hounsfield Road Site 3
00.22285-ACE-00-ZZ-DR-C-1003 - P1 - Drainage Strategy Langley Close Site 4
Reason
No details having been submitted they are reserved for approval.
Landscapes
10
Before the first dwelling on each site is occupied, a Landscape scheme, showing location and types of landscape treatment, shall be submitted for approval by the Local Planning Authority. The Landscape scheme should be prepared in accordance with RMBC Landscape Design Guide (April 2014) and shall be implemented in the next available planting season and maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Trees
11
The development shall be carried out in accordance with the following documents by Barnes Associates that were approved under RB2023/0086:
BA12033_Site1_GreenfieldRoad_AIA_A
BA12033_Site1_GreenfieldRoad_AMS_A
BA12033_Site1_GreenfieldRoad_TPP_A
BA12033_Site3_HounsfieldRoad_AIA_A
BA12033_Site3_HounsfieldRoad_AMS_A
BA12033_Site3_HounsfieldRoad_TPP_A
BA12033_Site4_LangleyClose_AIA_A
BA12033_Site4_LangleyClose_AMS_A
BA12033_Site4_LangleyClose_TPP_A
Support Document_A-AMS
All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the
Local Planning Authority has first been sought and obtained.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherhams environment, air quality and adapting to and mitigating climate change.
Drainage
12
The development shall be carried out in accordance with the details shown on the submitted report, 'Drainage Statement' 00.22285-ACE-ZZ-ZZ-RP-C001(rev P1) prepared by Adept, dated 13/09/22.
Reason
In the interest of satisfactory and sustainable drainage.
Land Contamination
13
The development shall be carried out in accordance with the details submitted and approved under RB2023/0639 which includes the documents:
Supplementary Phase 2 Ground Investigation and Remediation and Verification Strategy, Greenfield Road, Herringthorpe Rotherham prepared by MDJA, dated May 2023, report reference 4301 Revision 1
Supplementary Phase 2 Ground Investigation and Remediation and Verification Strategy, Langley Close, Herringthorpe Rotherham prepared by MDJA, dated May 2023, report reference 4302
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
14
The development shall be carried out in accordance with the recommendations set out within the documents submitted and approved under RB2023/0089 and RB2023/0639 which include:
Remediation and Verification Strategy Hounsfield Crescent, Herringthorpe, Rotherham prepared by MDJA, dated January 2023, report reference 4271 SITE 2
Remediation and Verification Strategy Hounsfield Road, Herringthorpe, Rotherham prepared by MDJA, dated January 2023, report reference 4271 SITE 3
Supplementary Phase 2 Ground Investigation and Remediation and Verification Strategy, Greenfield Road, Herringthorpe Rotherham prepared by MDJA, dated May 2023, report reference 4301 Revision 1
Supplementary Phase 2 Ground Investigation and Remediation and Verification Strategy, Langley Close, Herringthorpe Rotherham prepared by MDJA, dated May 2023, report reference 4302
The approved Remediation works shall be carried out in accordance with the findings identified within the Phase II Intrusive Investigation Report. The Local Authority must be given two weeks written notification of commencement of the remediation works (applicable to sites 1 4).
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
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 Planning Authority. Works thereafter shall be carried out in accordance with an approved Method Statement (applicable to sites 1 -4).
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
16
Due to elevated sulphate concentrations being detected, buried concrete for the site should be designed to a design sulphate classification of DS-1 with a corresponding ACEC class of AC-1s (applicable to sites 1-4).
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
17
If subsoil/topsoil is required to be imported to site for remedial works/garden areas, 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 (applicable to sites 1- 4). The soil shall not be imported until the above details are agreed in writing by the Local Planning Authority.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
18
Following completion of the recommended remedial/ground preparation works a Validation Report should be forwarded to the 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 post-remedial 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 (applicable to sites 1 - 4).
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
Broadband
19
Upon commencement of development details of measures to facilitate the provision of gigabit-capable full fibre broadband for the dwellings/development hereby permitted, 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.
Electric Vehicle Charging
20
Prior to the occupation of the dwellings, details of one vehicle charging point per dwelling shall be submitted to and approved by the Local Planning Authority. The dwellings shall not be occupied until the charging point has been provided and shall thereafter be retained.
Reason
In the interests of sustainable development and air quality.
Restrictions
21
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no windows or openings shall be inserted into the rear elevation(s) of the properties hereby approved at Site 4 Langley Close.
Reason
In the interests of the amenities of the occupiers of adjoining properties.
Ecology
22
The development shall be carried out in accordance with the Preliminary Ecological Appraisal prepared by ECUS, dated February 2022. Thereafter such measures shall be retained and maintained unless otherwise agreed with the Local Planning Authority.
Reason
In the interests of biodiversity enhancement and in order to make adequate provision for species
Informative(s)
01
You should note that the Councils 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 restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
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 development should be designed and built to Secured by Design standards www.securedbydesign.com. The SY Police ALO has provided the following advice:
Layout the developments should be enclosed with minimum 1.8m high fences to the rear.
Defensible Space each dwelling should have a front boundary to a height of 1 metre to allow for visible surveillance into and from the dwellings in question. Any front wall should be topped with a slanted copingstone or hit a miss raised bricks to prevent it from becoming a seating area and encouraging gathering and anti-social behaviour.
Surveillance any landscaping and front boundaries should be kept low at no more than 1 metre high and any trees to have no foliage below 2m to aid natural surveillance.
Vehicle Parking the parking areas must be well lit, consideration should be given to providing additional building mounted lighting to these areas.
Lighting - all external paths and car parking areas should be well lit with an LED lighting scheme to standard BS5489 with no dark areas.
Security of Dwellings in line with SBD standards, all front / rear doors and ground floor windows should comply with PAS 24:2016, this would include all the proposed rear doors. All front and rear doors should be lit with a wall mounted luminaire to provide lighting in line with standard BS5489 which should operate on a dusk to dawn sensor and spread the light downward.
04
Yorkshire Water note:
1.) On the Statutory Sewer Map, there is a 225mm 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.
a.) It may not be acceptable to raise or lower ground levels over the sewer and we will not accept any inspection chambers on the sewer to be built over.
b.) In this instance, Yorkshire Water would look for this matter to be controlled (by Requirement H4 of the Building Regulations 2010).
2.) The submitted 'Drainage Statement' 00.22285-ACE-ZZ-ZZ-RP-C001(rev P1) prepared by Adept, dated 13/09/22 is acceptable.
In summary, the report states that:
a.) Foul water will discharge to public combined water sewer.
b.) Surface water will discharge to soakaway for all site except the Langley Close site which cannot utilise infiltration due to space constraints. This plot will instead discharge to combined sewer at a restricted rate of discharge of 3.5 litres per second.
3.) 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/she should contact our Developer Services Team (telephone 03451 208 482, 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 'Code for Adoption - a design and construction guide for developers' as supplemented by Yorkshire Water's requirements.
05
With regard to condition 19 the attached document would need to be sent out with the decision notice and filled in and submitted with any discharge of condition application. The information would be sent to SFSY, again at hello@superfastsouthyorkshire.co.uk who will assess the information provided.
06
Should the lighting column need to be removed at Hounsfield Crescent to facilitate the vehicular access this will be done at the developers expense, and you should contact the Councils Streetpride Department in order to discuss arrangements for relocating the lighting column.
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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