| 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 04, 10 and 11 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 04, 10 and 11 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.’
General
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 site plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans (as set out below)
(Drawing numbers
Location plan 06 001 Rev 1.0
Site plan 06 002 Rev 1.0
Site layout and Floorplans 06 004 Rev 1.0
Elevations 06 005 Rev 1.0
Hydrogen store details Elevations 06 006 Rev 1.0
Car parking privision 06 007 Rev 1.0
(Received 13/04/23 and 24/05/23).
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 development hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing nos. elevations and floorplans (ref 06 004 Rev 1.0, 06 005 Rev 1.0, 06 006 Rev 1.0). 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 and in accordance with Core Strategy Policy CS28 Sustainable Design.
04
There shall be no use of or storage of hydrogen on site until the Environmental Permit has been approved along with Hazardous Substance Consent and Control of Major Accident Hazards (COMAH) certificate from the Health and Safety Executive has been obtained.
Reason
No detailed information has been submitted around on site treatment and storage of hazardous substances.
05
No part of the land other than that occupied by buildings shall be used for the storage of goods, components, parts, waste materials or equipment.
Reason
To prevent the land from becoming unsightly in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design.
Highways
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
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.
07
Before the development is brought into use the car parking area shown on the submitted plan (ref 06 007 Rev 1.0) shall be provided, marked out and thereafter maintained for car parking. Areas within the car park marked keep clear shall remain clear of any stationary vehicle at all times.
Reason
To ensure the provision of satisfactory parking spaces and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
Electric Vehicle Charging Points
08
Before the building is brought into use a scheme detailing the dedicated facilities that will be provided for charging electric vehicles and other ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall meet at least the following minimum standard for numbers and power output:
• One Standard Electric Vehicle Charging Point providing a continuous supply of at least 16A (3.5kW) for at least 20% of the development.
Parking spaces that are to be provided with charging points shall not be brought into use until the charging points are installed and operational. Charging points installed shall be retained thereafter.
Reason
In the interest of supporting and encouraging low emission vehicles, in the interest of air quality enhancement, to comply with the aims and objectives Chapters 2, 9 and 15 of the National Planning Policy Framework.
Environment Agency
09
The development shall be carried out in accordance with the submitted flood risk
assessment (ref Flood Risk Assessment / Max Design, December 2023) and the following mitigation measures it details:
• Water sensitive equipment shall be installed 300mm above floor levels (i.e. 32.3 metres above Ordnance Datum (AOD))
These mitigation measures shall be fully implemented prior to occupation and
subsequently in accordance with the scheme’s timing/ phasing arrangements. The
measures detailed above shall be retained and maintained thereafter throughout the
lifetime of the development.
Reasons
To reduce the risk of flooding to the proposed development and future occupants.
Construction Environmental Management Plan
10
Prior to the development commencing an updated Construction Environmental Management Plan (CEMP) shall be submitted to and agreed in writing with 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 and shall provide information in respect of the following matters:
• Program and Phasing Details
- Site layout
- Expected duration of demolition and construction work phases
• Site Management
- Contact details of site manager
- Complaints procedure
- Roles and responsibilities
- Details of public liaison meetings (including details of the frequency of meetings and of those to be invited to the meetings).
• Routes for Construction Traffic
- Routes to be used to and from the site along the road network within the Rotherham Borough.
- Proposed access/egress points onto the site.
- One way systems
- Haul routes (on-site and delivery)
NOTE: Where temporary access is required during the construction phase, these should benefit from separate planning permission if not approved under the host permission. Appropriate S278/S184 Agreements (as appropriate) must be gained from the Highways Authority before any works commence on site.
• Site Access, Storage and Movement of Materials
- Delivery access point details
- Location details of storage areas
- Delivery times of materials and plant
- Location of on site parking and turning provision
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Details of soil and its movement and temporary storage during construction
- Dust suppression measures - General and machinery
- Wheel wash facilities (including details of source of water)
- 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
NOTE: Regards shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014. In addition, measures shall be taken to minimise mud on nearby public roads, such that road sweepers are only required on these roads in exceptional/emergency circumstances.
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery.
- Mitigation measures for noisy operations
- Operational hours (to include site opening hours, operational hours of workers, and delivery of goods hours).
- One way systems
- Vehicle reverse alarms (white noise reversing alarms should be used as opposed to bleeper alarms, particularly where close to residential properties)
- Leaflet drops to noise sensitive premises
NOTE: Regards shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• 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.
NOTE: Regards shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
• Waste Management
- Waste storage
- Waste collection
- Recycling
- Waste removal
The agreed CEMP shall be adhered to throughout the construction of the development.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with part 15 of the NPPF and Supplementary Planning Document No.2 Air Quality & Emissions.
Local Labour Agreement
11
Construction Phase
Prior to the commencement of development, the attached Local labour Agreement pro forma for the construction phase of the development shall be completed in its entirety and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved Agreement and within 3 months of completion of the approved development, data shall be submitted to the Local Planning Authority demonstrating how the indicators were met.
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’
12
Operational Phase
Prior to the operational use of the building(s) hereby approved, the attached Local labour Agreement pro forma outlining measures to be taken to employ local workers for the operational phase of the development shall be completed and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and no later than 6 months from the date of first operation information shall be submitted to the Local Planning Authority providing details relating to the percentage of staff currently employed from the local area.
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’.
Ongoing management plan
13
A register shall be completed indicating the amount of plastic material received on to the site and a record of the amount of waste and hydrogen produced. This register shall be submitted to the Local Planning Authority on an annual basis.
Reason
To ensure that excess plastic wastes are not received on to the site and that the storage of plastic within the building is not excessive in relation to the throughput of the end product.
14
Upon cessation of the use, all plastics and waste materials shall be wholly removed from the site in accordance with a scheme to be agreed in writing by the Local Planning Authority.
Reason
To ensure that waste plastics are not left on site following the cessation of the use in the interest of the impact upon the environment and in accordance with guidance within Joint Waste Plan Policy WCS4: Waste Management Proposals on Non Allocated Sites and Local Plan policies CS30 Low Carbon & Renewable Energy Generation and SP52 Pollution Control.
15
Deliveries of waste products to the site shall only be between the hours of 0800-1900 throughout the week.
Reason
In the interests of amenity of the surroundings and to reduce the potential for conflict in accordance with policy SP52 Pollution Control.
Informatives
Environmental Permit
01
An Environmental Permit will be required for the facility prior to commencement of operation. The application will be made to the Environment Agency under the Environmental Permitting (E&W) Regulations 2016 rather than to the Local Authority as the process is a Schedule 1, Part A activity. The application will be made for
either:
A Schedule 1, Part 2, Chapter 4 Section 4.2 Part A (1) (a)(i) with an associated small waste incineration plant (SWIP); and / or a Schedule 1, Part 2, Chapter 1 Section 1.2 Part A (1) (f) or (g).
Whichever classification is determined by the Environment Agency to be the most appropriate, the Agency will be the regulator.
Health and Safety Executive
02
The applicant will need to apply for a Hazardous Substance Consent Application, which will require the submission of a substance location plan, Control of Major Accident Hazards (COMAH) application. The application should be lodged a minimum of 6 months prior to the commissioning of the plant.
HSE email: hazsubcon.cemhd5@hse.gov.uk
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.
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