| 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. Condition number 06 of this permission requires matters to be approved before development works begin; however, in this instance the condition is 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 number 06 is fundamental to the acceptability of the development and the nature of the further information required to satisfy this condition is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
01
The development hereby approved must be begun not later than three years from the date of this reserved matters application.
Reason
In order to comply with the requirements of the Town and Country Planning
Act 1990 and to comply with the conditions of the outline application RB2022/1076
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 (as set out below) –
• Site Location Plan n2269 001
• Planning Layout n2269 008 Rev K
• Affordable housing Plan n2269 101 rev F
• Boundary treatment Plan n2269 700 Rev F
• Building Heights Plan n2269 105 Rev F
• Materials Plan n2269 600 Rev F
• Refuse, Cycle and EVCP Plan n2269 104 Rev F
• Surface Material Plan n2269 103 Rev F
HouseTypes
Aff 4b6p End – Elevations and Floor Plans
Avocado End 3 - Floor Plans
Avocado End 3 - Elevations
Avocado Mid 3 - Floor Plans
Avocado Mid 3 - Elevations
Chestnut 8 -Floor Plans
Chestnut 8 - Elevations
The Clover Det 9 - Floor Plans
The Clover Det 9 -Elevations
Dahlia End 25 – Ground Floor Plot 12-13 Plans
Dahlia End 25 – First Floor Plot 12-13 Plans
Dahlia End 25 – Second Floor Plot 12-13 Plans
Dahlia End 25 – Front Elevation Plot 12-13
Dahlia End 25 – Rear Elevation Plot 12-13
Dahlia End 25 – Side Elevation Plot 12-13
Eucalyptus Det 11 - Floor Plans
Eucalyptus Det 11 - Elevations
Macadamia End 13 - Floor Plans
Macadamia End 13 - Elevations
Manuka End 14 – Floor Plans
Manuka End 14 – Elevations
Jamun Det 16 – Floor Plans
Jamun Det 16 – Elevations
Lavender Det 18 – Floor Plans
Lavender Det 18 - Elevations
Primrose Det 26 – Floor Plans
Primrose Det 26 – Elevations
Rosemary Det 21 – Floor Plans
Rosemary Det 21 – Elevations
Wildflower Det 24 – Floor Plans
Wildflower Det 24– Elevations
4B6P – Floor plans
4B6P - Elevations
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 on the approved Material Plan n2269 600 Rev F.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design
04
The boundary treatment shall be provided on site in accordance with the details
of the approved Boundary Treatment Plan n2269 700 Rev F. The approved boundary treatment shall be implemented prior to the occupation of each dwelling.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design
TRANSPORTATION/SUSTAINABILITY
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
To ensure that surface water can adequately be drained in accordance with Local Plan Policies
06
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.
07
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification) the garages at plots 14, 27, 28, 47, 48 and 53 shall be made available at all times for car parking purposes.
Reason
In the interests of highway safety and the visual amenity of the locality
08
The Electric Vehicle Charging Points shown on the approved Refuse, Cycle and EVCP Plan n2269 104 Rev F shall be provided for each dwelling/car parking space prior to the occupation of each dwelling or each car parking space being brought into use.
Reason
To promote sustainability in accordance with the Local Plan and the NPPF.
GROUNDWATER/CONTAMINATION AND GROUND CONDITION
09
Prior to construction, a Detailed Design Report for Gas Mitigation Measures shall be submitted and approved by the Local planning Authority. This 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. The approved details shall be implemented on site.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning
Policy Framework.
10
Post construction, installation of the gas protection measures shall be verified in accordance with the approved Detailed Design Report for Gas Mitigation Measures and a Verification report shall be submitted to and approved by the Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning
Policy Framework.
11
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. 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 paragraph numbers 189 and 190 of the National Planning
Policy Framework.
12
Post construction, if subsoil/topsoil is required to be imported to site for gardens or areas of soft landscaping, then these soils will need to be tested at a rate and frequency to be submitted to and 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 paragraph numbers 189 and 190 of the National Planning
Policy Framework.
13
Suitable water supply pipes have been specified for the site which are considered capable of resisting chemical attack from residual contaminants remaining within the made ground. The use of these approved water supply pipes will need evidencing within a Verification Report for the site to be submitted and approved by the Local planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning
Policy Framework.
14
Following completion of any required remedial/ground preparation works a Verification Report shall be submitted and approved by the Local Planning Authority. The Verification 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 Verification 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 verification data has been approved by the Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning
Policy Framework.
LANDSCAPING & ECOLOGY
15
Prior to first occupation of the development, a detailed landscape scheme for plot
landscaping and communal areas shall be submitted to, and approved in writing by,
the Local Planning Authority. The detailed landscape scheme shall include
specimen/ feature shrubs in lieu of tree planting to plot frontages of Plots 22-34.
This shall be based on the approved Landscape masterplan Rosetta Landscape
Design Drawing no 4058/1 Revision D and prepared to a minimum scale of 1:200
and shall clearly identify through supplementary drawings where necessary:
- The extent of existing planting, including those trees or areas of vegetation
that are to be retained, and those that it is proposed to remove.
- The extent of any changes to existing ground levels, where these are
proposed.
- Any constraints in the form of existing or proposed site services, or visibility
requirements.
- Areas of structural and ornamental planting that are to be carried out.
- The positions, design, materials and type of any boundary treatment to be
erected.
- A planting plan and schedule detailing the proposed species, siting, quality
and size specification, and planting distances.
- A written specification for ground preparation and soft landscape works.
- The programme for implementation.
- Written details of the responsibility for ongoing maintenance for the lifetime of
the development and a schedule of operations.
The scheme shall thereafter be implemented in accordance with the approved
landscape scheme and in accordance with the appropriate standards and codes of
practice within a timescale agreed, in writing, by the Local Planning Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity and in accordance with the Design Code and Local Plan Policies.
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 and in accordance with the Design Code and Local Plan Policies.
17
Notwithstanding the submitted details, before above ground works commence details of external 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.
Reason
In the interest of biodiversity at the site in accordance with Policy CS20 ‘Biodiversity and Geodiversity’ and guidance contained within the NPPF.
18
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 interest of biodiversity at the site in accordance with Policy CS20 ‘Biodiversity and Geodiversity’ and guidance contained within the NPPF.
Informatives
Landscapes
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
Ecology
Guidance regarding lighting issues can be found in the ‘Guidance Note 08/23: Bats and Artificial Lighting At Night’ Institute of Lighting Professionals, 2023.
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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