Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2024/0918
Site Address: Former Smithy Wood Colliery land off Wentworth Road Thorpe Hesley 9999
Description: Prior approval for the proposed installation of a pumped-passive mine water treatment scheme (Permitted Development under The Town and Country Planning (General Permitted Development) (England) Order 2015, Schedule 2 Part 17 Glass G - coal-mining development by the Coal Authority etc for maintenance or safety
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 03 October 2024
Decision Date: 03 October 2024
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Delegated (Part 2A)
Conditions / Reason for Refusal: 01 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 as shown on the approved plans (as set out below) • Environmental Impact Assessment Screening Request prepared by the CA, July 2024; • Site Location Plan - Dwg no. P001-70099350-SLP Rev P03; • Existing Site Layout Plan - Sheet 1 - Dwg no. P002-70099350-ESLP1 Rev P03; • Existing Site Layout Plan - Sheet 2 - Dwg no. P002-70099350-ESLP2 Rev P03; • Existing Site Layout Plan - Sheet 3 - Dwg no. P002-70099350-ESLP3 Rev P03; • Proposed Site Plan – Sheet 1 - Dwg no. P003-70099350-PSP1 Rev P03; • Proposed Site Plan – Sheet 2 - Dwg no. P003-70099350-PSP2 Rev P03; • Proposed Site Plan – Sheet 3 - Dwg no. P003-70099350-PSP3 Rev P03; • Proposed Sections – Sheet 1 – Dwg no. P005-70099350-PS1 Rev P03; • Proposed Sections – Sheet 2 – Dwg no. P005-70099350-PS2 Rev P03; • Proposed Sections – Sheet 3 – Dwg no. P005-70099350-PS3 Rev P03; • Proposed Sections – Sheet 4 – Dwg no. P005-70099350-PS4 Rev P03; • Proposed Sections – Sheet 5 [Proposed Cascade] – Dwg no. P005-70099350-PS5 Rev P03; • Proposed Elevations [Site Levels] - Dwg no. P006-70099350-PE Rev P03; • Proposed Drainage & Utilities General Arrangement – Dwg no. P004-70099350-PDUGA Rev P03; • Swept Path Analysis – Dwg no. P003-70099350-SP Rev 01; • Public Right of Way Demarcation – Dwg no. EV00160b-01-04 Rev D2; and • Proposed Landscape – Dwg no. 70099350_WSP_XX_DR_LA_P008 Rev P02. (received 28.06.24). Reason To define the permission and for the avoidance of doubt. 02 Prior to the above ground development taking place, a Transportation Statement detailing the number of vehicle trips, means of access, swept paths shall be submitted to and approved in writing by the Local Planning Authority and the approved details shall be implemented before the above ground construction works take place. Reason In the interests of highway safety and residential amenity. Environment Agency 03 If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved. Reason To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraph 180 of the National Planning Policy Framework. Landscaping 04 Prior to any above ground development taking place a detailed landscape mitigation scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape mitigation scheme shall be 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 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 In the interests of good visual amenity and to reduce visual impact on the Green Belt. Replacement Planting 05 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 In the interests of good visual amenity and to reduce visual impact on the Green Belt. Drainage 06 Above ground development shall not be begin until details of the surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development. Reason To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin and in accordance with Policy CS25 of the Local Plan. Hours of construction 07 Except in case of emergency, operations should not take place on site other than between the hours of 07:00 - 19:00 Monday to Friday. There should be no working on Saturdays, Sundays or Public Holidays. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Local Planning Authority should be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided. Reason In the interests of residential amenity of nearby properties. INFORMATIVES 01 Rights of Way The applicant is reminded to obtain any necessary temporary path closures required with the Rights of Way team. 02 Environment Agency – Land contamination: risk management and good practice We recommend that developers should: • Follow the risk management framework provided in Land Contamination: Risk Management, when dealing with land affected by contamination • Refer to our Guiding principles for land contamination for the type of information that we require in order to assess risks to controlled waters from the site - the local authority can advise on risk to other receptors, such as human health • Consider using the National Quality Mark Scheme for Land Contamination Management which involves the use of competent persons to ensure that land contamination risks are appropriately managed • Refer to the contaminated land pages on gov.uk for more information Waste on-site The CL:AIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works is waste or has ceased to be waste. Under the Code of Practice: • excavated materials that are recovered via a treatment operation can be reused on-site providing they are treated to a standard such that they are fit for purpose and unlikely to cause pollution • treated materials can be transferred between sites as part of a hub and cluster project • some naturally occurring clean material can be transferred directly between sites Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on-site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays. We recommend that developers should refer to: • the position statement on the Definition of Waste: Development Industry Code of Practice • The waste management page on GOV.UK Waste to be taken off-site Contaminated soil that is (or must be) disposed of is waste. Therefore, its handling, transport, treatment and disposal are subject to waste management legislation, which includes: • Duty of Care Regulations 1991 • Hazardous Waste (England and Wales) Regulations 2005 • Environmental Permitting (England and Wales) Regulations 2016 • The Waste (England and Wales) Regulations 2011 Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays. If you receive (or reject) any hazardous waste, you must send a report to the Environment Agency. These are known as ‘returns’. If you dispose of hazardous waste at the premises where it’s produced you may also need to send returns. You should follow the guidance provided here: Hazardous waste: consignee returns guidance Trees 03 If any tree felling is necessary for the preparation and improvement of the site access, soft felling techniques should be used for any tree felling. Positive and Proactive Statement Whilst the applicant did not enter into any formal pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and following clarifications and corrections did not require any alterations or modification.

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