| 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 10 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 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 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 1654_110(P), site plan and fencing details 1654_109(P) Rev A, landscape plan R3-604-03-LA-01)(received 26.03.24, 11.07.24).
Reason
To define the permission and for the avoidance of doubt.
03
This permission shall be valid for a period of 3 years from the date of this permission and at the end of that period the use hereby permitted shall cease and the site restored in a manner to be agreed with the Local Planning Authority.
Reason
So as not to prejudice the long term employment development proposals for the area.
04
The storage use hereby permitted shall not exceed a maximum of 3 metres in height when measured from surrounding ground levels.
Reason
In the interests of visual amenity of the surrounding area.
Highways
05
Above groundworks of the development shall not be commenced until details of the
proposed alterations in the highway at the proposed vehicle access, indicated on plan reference 1654_109(P) Rev A have been submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the development is brought into use.
Reason
In the interests of road safety.
06
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.
Environmental Health
07
The development shall be carried out in accordance with the previously approved noise assessment (ref Echo Acoustics, dated 16th May 2023) and noise from the site shall not exceed a rating level of 37dB LAr, 1h during the daytime and 32 dB LAr, 15min during the night, as determined outside the nearest noise sensitive receptor. ‘Rating level’ and ‘background sound level’ are as defined in BS4142:2014+A1:2019.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
Trees and landscaping
08
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until the scheme for the protection of existing trees and hedgerows, detailed in the Tree Survey (ref JCA Appendix 6: Tree Constraints Plan) has been installed on site and has been approved in writing by the Local Planning Authority.
All tree protection methods detailed 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.
Evidence shall be submitted to the Local Planning Authority show that the development is being carried out in accordance with the approved method statement and tree protection plan. This could include a written record of the project arboriculturist site visits and/or a set of photos of the detailed tree protection fencing in place throughout the duration of the development.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area.
09
Before the development is brought into use, the approved Landscape scheme as indicated on Dwg No R3-604-03-LA-01 and Landscape Management Plan R3-604-03-LA-02 shall be implemented in accordance with RMBC Landscape Design Guide (April 2014) 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 the Local Plan.
Construction Environmental Management Plan (CEMP)
10
Prior to the development commencing a 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.
Ecology
11
No removal of hedgerows, trees or shrubs, brambles or ivy 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 to safeguard and protect on site wildlife.
12
Before the development is brought into use, the approved boundary treatment fencing (ref site plan and fencing details 1654_109(P) Rev A) shall be installed and maintained for the duration of the development.
Reason
In the interests of the visual amenity of the area and the amenity of the surroundings.
13
Before the development is brought into use, a final plan showing storage bays for on site materials shall be submitted shall be submitted to and approved by the Local Planning Authority. The bays shall be installed and maintained for the duration of the development.
Reason
In the interests of the visual amenity of the area and the amenity of the surroundings as well as reducing potential dust levels.
Informatives
Highways
Regarding condition 05 above, you will appreciate that these works will require an Agreement under S278 Highways Act, 1980 and involve the provision of a new vehicle access into the development. Contact with the s278 officer should be made by emailing david.phillips@rotherham.gov.uk in order that the s278 works can be programmed at the earliest opportunity.
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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