| 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 6, 7, 9, 14, 23 and 29 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 6, 7, 9, 14, 23 and 29 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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
3572_01 RCA 60 XX DR A 0901 – Location Plan
3572_01 RCA 60 ZZ DR A 0904 rev P88 – Site Plans
3572_01 RCA 00 XX DR A 0201 rev P2 – 1071 Semi Detached Elevations
3572_01 RCA 00 XX DR A 0201 rev P2 – 1200 2.5 storey Elevations
3572_01 RCA 00 XX DR A 0201 rev P2 – 1201 2.5 storey Elevations
3572_01 RCA 00 XX DR A 0202 rev P1 – 1071 Semi Detached Floor Plans
3572_01 RCA 00 XX DR A 0202 rev P1 – 1200 2.5 storey Floor Plans
3572_01 RCA 00 XX DR A 0202 rev P1 – 1201 2.5 storey Floor Plans
3572_01 RCA 60 ZZ DR A 0903 rev P3 – Streetscenes
3572_01-PEV-60-XX-DR-C-0600 rev P03 – Levels Plan
230984-PEV-60-XX-DR-L-4003 rev P06 – Landscape Masterplan
3572_01 - PEV - 60 - XX - DR - C – 0512 rev P06 – Drainage Masterplan
3572_01-PEV-60-00-DR-E-6000 rev P03 – EV Charging Plan
3572_01-PEV-60-XX-DR-C-0011 rev P03 – Geometric Layout
Reason
To define the permission and for the avoidance of doubt.
03
Prior to works commencing above ground level details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to the Local Planning Authority or samples of the materials shall be left on site, and the development shall thereafter be carried out in accordance with the approved details/samples.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
Prior to construction works commencing above ground level a plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved by the Local Planning Authority. The approved boundary treatment shall be completed before each dwelling is first occupied.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
Affordable Housing
05
The development shall provide 100% affordable housing across the site.
Reason
In the interests of securing affordable housing.
Construction Environment Management Plan
06
Prior to any works commencing on site a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP 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 and demolition related activities - 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 and demolition related 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
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
o Details of car parking facilities for the construction staff
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage / loading / unloading / plant areas
o Delivery times of materials and plant
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o 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
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Highways
07
The development shall not be commenced until details of the proposed alterations in Netherfield Court (lining / kerbline), have been submitted to and approved in writing by the Local Planning Authority and the proposed development shall not be occupied until the approved details have been implemented.
Reason
In the interests of highway safety.
08
Before the development is brought into use, that part of the site to be used by vehicles shall be 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.
The area 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
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
No details having been submitted they are reserved for approval.
10
Prior to the development being first occupied, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.
Reason
In order to promote sustainable transport methods.
Air Quality and Emissions
11
The development shall be completed in accordance with the approved electric vehicle charging details shown on plan ref: 3572_01-PEV-60-00-DR-E-6000 rev P03 and retained in perpetuity. Each dwelling shall not be occupied until the charging point is provided.
Reason
In the interests of sustainable development and air quality in accordance with the Local Plan and the NPPF.
Ecology and BNG
12
No removal of hedgerows, trees or shrubs or structures 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
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
13
Notwithstanding the submitted details, before above ground works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes and nesting opportunities for birds, shall be submitted to and agreed in writing with the Local Planning Authority. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
The scheme shall include, but not limited to, the following details:
i. Description, design or specification of the type of feature(s) or measure(s) to be undertaken;
ii. Materials and construction to ensure long lifespan of the feature/measure
iii. A drawing(s) showing the location and where appropriate the elevation of the features or measures to be installed or undertaken.
iv. When the features or measures will be installed within the construction, occupation, or phase of the development.
Reason
In the interests of biodiversity and ecology.
14
Prior to the commencement of development details of a scheme to provide 3.49 units of a Biodiversity Net Gain on land owned by the applicant, including details of ongoing maintenance / management, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented within a timeframe to be agreed.
Reason
In the interests of biodiversity and ecology.
Landscapes
15
Landscaping of the site as shown on the approved plans (Drawing no. 230984-PEV-60-XX-DR-L-4003 rev P06, shall be carried out during the first available planting season after commencement of the development and thereafter maintained for the lifetime of the development. Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
16
A Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public realm areas shall be submitted to and approved by the Local Planning Authority prior to the completion or first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Trees
17
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until all existing hedgerows and trees to be retained are protected in accordance with the details contained within the ‘Phase 2 Pre-development Arboricultural Report, revision 1’ dated 03 April 2024, prepared by Wharncliffe Trees and Woodland Consultancy.
All tree protection methods detailed in the approved ‘Phase 2 Pre-development Arboricultural Report, revision 1’ 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 Rotherham’s environment, air quality and adapting to and mitigating climate change.
18
A suitable scheme of proposed on-site tree planting and pits shall be submitted to and approved by the Local Planning Authority before works commence above ground level.
The scheme shall include the following comprehensive details of all trees to be planted:
• A scaled plan showing the locations of the new trees (existing trees must also be shown)
• The species and stock size.
• Include details confirming the planting intended to mitigate the tree losses detailed in the AIA.
• An assessment of suitability of planting location
• Actions taken to mitigate any foreseeable issues i.e. the use of root barriers/deflectors, flexi-paving, appropriate species selection, structured soils, foundations, etc.
• Proposals should be in accordance with British Standard 8545:2014 - Trees: from Nursery to Independence.
• Five year post planting maintenance and inspection schedule.
The approved details shall be implemented within the first available planting season after the first dwelling is occupied.
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.
19
A suitable scheme of proposed off-site tree planting and pits on land edged blue as set on drawing number 3572_01 RCA 60 XX DR A 0905 rev P1 shall be submitted to and approved by the Local Planning Authority before works commence above ground level.
The scheme shall include the following comprehensive details of all trees to be planted:
• A scaled plan showing the locations of the new trees (existing trees must also be shown)
• The species and stock size.
• Include details confirming the planting intended to mitigate the tree losses detailed in the AIA.
• An assessment of suitability of planting location
• Actions taken to mitigate any foreseeable issues i.e. the use of root barriers/deflectors, flexi-paving, appropriate species selection, structured soils, foundations, etc.
• Proposals should be in accordance with British Standard 8545:2014 - Trees: from Nursery to Independence.
• Five year post planting maintenance and inspection schedule.
The approved details shall be implemented within the first available planting season after the first dwelling is occupied.
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.
Drainage
20
The development shall be carried out in accordance with the details shown on the
submitted plan, ‘Proposed Drainage Masterplan Netherfield Court' 3572_01-PEV-60-XX-DR-C-0512 (rev P06) prepared by Pick Everard, dated 06/08/2024’.
Reason
In the interest of satisfactory and sustainable drainage.
Land Contamination
21
All foundation works shall be undertaken in accordance with the geotechnical strategy identified within section 9.2, page 33 of the report entitled ‘Phase 2 Geo-Environmental Site Investigation Report – Site of the former Netherfield Court, Eldon Road, Rotherham, S65 1RD’, prepared by Silkstone Environmental Ltd, dated November 2023, reference 23119/P2/0.
Reason
To ensure the safe occupation of the site.
22
All identified Remediation Works shall be undertaken in accordance with the remediation strategy identified within sections 9.7 – 9.12, pages 34 – 37 of the report entitled ‘Phase 2 Geo-Environmental Site Investigation Report – Site of the former Netherfield Court, Eldon Road, Rotherham, S65 1RD’, prepared by Silkstone Environmental Ltd, dated November 2023, reference 23119/P2/0. The approved Remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The Local Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure the safe occupation of the site.
23
Prior to construction, 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 for each new build, complete with drawings to show how the gas protection measures will fit into the overall building designs.
Reason
To ensure the safe occupation of the site.
24
Post construction, installation of the gas protection measures is to be verified in accordance with the approved Detailed Design Report for Gas Mitigation Measures and a Verification report will be forwarded to this Local Authority for review and comment.
Reason
To ensure the safe occupation of the site.
25
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.
26
If subsoil/topsoil materials are required to be imported to site for use in garden areas, then these materials will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination and will not present a risk to future users of the site and the environment.
Reason
To ensure the safe occupation of the site.
27
Following completion of any remedial/ground preparation works a Verification Report will be forwarded to the Local Authority for review and comment. The Verification Report shall include details of materials imported to site, copies of chemical analysis reports confirming materials brought to site are free from contamination and will contain Waste Transfer notes if applicable. The site shall not be brought into use until such time as all verification data has been approved by the Local Authority.
Reason
To ensure the safe occupation of the site.
Broadband
28
Prior to first occupation of a dwelling on this site, information relating to the availability of infrastructure to enable the provision of gigabit capable full fibre broadband should be submitted and approved by the LPA. If the necessary infrastructure is available to enable provision, details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, 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.
Local Labour Agreement (Construction phase)
29
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’.
Waste Management
30
Prior to the development being first occupied a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
• information on the amount and type of waste that will be generated from the site;
• measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
• an assessment of the potential to re-use or adapt existing buildings on the site (if demolished it must explain why it is not possible to retain them);
• design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
• measures to minimise the use of raw materials and minimise pollution of any waste;
• details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
• construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
• details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Informative(s)
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 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
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.
04
It is recommended that the development adheres to the Secured by Design principles (www.securedbydesign.com). It is recommended that the following be considered:
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.
Boundary Treatment
All rear gardens should be secured with a min 1.8m high fence. A 1.8m lockable gate should be fitted as close the front boundary line as possible to secure the rear of the dwellings.
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. Positioning of trees should be careful not to mask any Lighting Column’s.
Lighting
All external paths and car parking areas should be well lit with an LED lighting scheme to standard BS5489 with no dark areas. 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.
Security of Dwellings
In line with SBD standards, all front / rear doors and ground floor windows should comply with PAS 24:2022.
05
With regard to condition 16, A Management Plan may be expected to set out, graphically and / or in writing, the overall functional and aesthetic objectives of a landscape scheme and the steps such as legal arrangements including ownership and management responsibilities, planned maintenance tasks, phased works, and monitoring procedures that will be taken after implementation to ensure that the scheme establishes successfully and is sustainable in the long-term.
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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