| 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 10 of this permission requires matters to be approved before development works begin; however, in this instance the conditions are justified because:
1. 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.
2. The details required under condition number 10 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.
01
The development hereby approved must be begun not later than two 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 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)
• Location Plan 712 113 002 - P001
• Proposed General Site Layout 712 113 002 - P003
• GA Plans 712 113 002 - P004
• Street Elevations 712 113 002 - P005
• Large Materials Elevations – Two Storey Block 712 113 002 - P006
• Large Materials Elevations – EYFS Infill Block 712 113 002 - P007
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 design and access statement/shown on the approved drawings. 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 Local Plan Policies.
04
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 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
Before the development is brought into use the car parking area shown on the approved plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
06
Before the development is brought into use, a Landscape scheme, showing location and types of landscape treatment to car park extension area shall be submitted for approval by the Local Planning Authority. The Landscape scheme should be prepared in accordance with RMBC landscape guidance document 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 and in accordance with Local Plan Policies.
07
Prior to commencement of development any works/alterations to the existing building a dusk emergence bat survey shall be undertaken and a detailed report including any recommended mitigation measures shall be submitted too and approved by the Local Planning Authority. Any approved mitigation measures recommended in the survey shall be implemented before the development is brought into use.
Reason
In the interest of biodiversity at the site
08
No removal of hedgerows, trees or shrubs 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 the interest of biodiversity at the site
09
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 holes 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
10
Prior to commencement of development, the two netball courts to be lost shall be adequately replaced, by being marked out with sports line markings and made available on the existing hardstanding tarmac area within the school grounds, as detailed in Section 4.3 of the Design and Access Statement. The netball courts shall be designed and constructed in accordance with the England Netball Guidance for Outdoor Community Courts and shall be retained in perpetuity for their intended sporting use.
Reason: To ensure the continuity of the same level of sports provision at the school site during and post construction.
11
Prior to development works commencing a ground movement investigation/assessment shall be undertaken to assess the risk from potential differential settlement. The investigation subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced and will be subject to approval in writing by the Local Planning
Authority. Any required ground improvement works will be undertaken in accordance with the recommendations made within the report.
The above works shall be conducted in line with guidance document ‘Land Contamination Risk Management’ (October 2020) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017).
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, a Gas Verification Report shall be provided for each extension to confirm that measures constructed/installed meet the required standards. Inspection reports for each building shall be submitted to the Local Planning Authority for review and comment.
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
Due to potential elevated sulphate concentrations being detected, any buried concrete to be used on site shall be designed to a design sulphate classification of DS-3 for made ground, with a corresponding ACEC class of AC-2. The design sulphate classification used will need to be evidenced.
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
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.
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.
15
Post construction, if subsoil/topsoil is required to be imported to site for remedial works/areas of soft landscaping, 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.
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.
16
Following completion of any required remedial/ground preparation works a Verification Report should be submitted to the Local Planning Authority for review and comment. 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 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.
Informatives
01
The scheme should be carried out in accordance with England Netball design guidance found following this weblink - https://www.englandnetball.co.uk/support/support-for-organisations/facilities/court-information
|
