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 09, 10, 12, 13 & 23 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 09, 10, 12, 13 & 23 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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
• Location Plan 3258-CDA-SP-SL-DR-A-0400 Rev C
• Proposed Site Plan 3258-CDA-SP-SL-DR-A-0401
Plot C
• Ground Floor Plan 3258-CDA-BC-GF-DR-A-0410 Rev E
• Roof Plan 3258-CDA-BC-RF-DR-A-0411 Rev E
• Elevations A 3258-CDA-BC-ZZ-DR-A-0412 Rev E
• Elevations B 3258-CDA-BC-ZZ-DR-A-0413 Rev E
Plot J
• Ground Floor Plan 3258-CDA-BJ-GF-DR-A-0420 Rev D
• Roof Plan 3258-CDA-BJ-RP-DR-A-0421 Rev C
• Elevations 3258-CDA-BJ-ZZ-DR-A-0422 Rev c
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 match those used in the existing building.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
TRANSPORTATION
04
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 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 plans 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.
ARCHAEOLOGY
06
No internal or external alterations or demolition works to Block C shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for photographic recording and this has been approved in writing by the Local Planning Authority. The WSI shall include:
1. The programme and method of recording.
2. The provision to be made for analysis and reporting.
3. The provision to be made for publication and dissemination of the results.
4. The provision to be made for deposition of the archive created.
5. Nomination of a competent person/persons or organisation to undertake the works. 6. The timetable for completion of all building investigation and post-investigation works.
Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason
To ensure that the affected non-designated heritage asset is recorded, and understanding of its nature, date, extent and significance gained, before it is damaged or destroyed and that knowledge gained is then disseminated.
BIODIVERSITY
07
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
08
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
DRAINAGE
09
The development hereby granted shall not be begun until details of the foul & surface water 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.
10
Foul drainage from the site shall be discharged to a cesspool, septic tank or treatment plant details of which shall be submitted to and approved by the Local Planning Authority prior to the commencement of any works on the site.
Reason
To ensure that details of the required cesspool are approved by the Local Planning Authority prior to the commencement of any works on the site.
11
The discharge from the septic tank hereby approved, whether to a drainage field/mound or wetland/reedbed shall be in accordance with Part H of the Building Regulations. Details of the drainage system shall be submitted to and approved by the Local Planning Authority and be fully operational before the development is occupied.
Reason
To avoid pollution of the local land drainage system and in the interests of amenity
12
Before the development is commenced permeability, tests (in accordance with BRE365) shall be carried out to prove that ground conditions are suitable for a soakaway type septic tank effluent disposal system & the surface water disposal system. The test results shall be submitted to and approved by the Local Planning Authority prior to the commencement of the development and the approved details shall be implemented on site.
Reason
To ensure that ground conditions are suitable for this type of drainage system and that the relevant details are approved by the Local Planning Authority.
13
Details of each septic tank shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The septic tank shall not be installed until soakaway tests have been carried out in connection with condition 12 above; The septic tank 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 adequately drained.
LAND CONTAMINATION
14
Following demolition of any existing above ground structures and prior to above ground works commencing, detailed intrusive site investigations shall be undertaken to fully determine the geotechnical and geo-environmental constraints at the site complete with ground gas monitoring. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be submitted and approved by the Local Planning Authority.
The above shall be conducted in accordance with the new 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.
15
Subject to the findings of condition 14 above and prior to above ground works commencing, a Remediation Method Statement shall be submitted to and approved by the Local Planning Authority prior to any remediation works commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation. 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 in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework.
16
Subject to the findings of condition 14 above, a Detailed Design Report for Gas Mitigation Measures shall be submitted to and approved by the Local planning Authority and shall provide details of the identified gas protection measures required, 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 in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework.
17
Post construction, a Gas Verification Report is to be provided for each building to confirm that the measures constructed/installed meet the required standards. Inspection reports for each building 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.
18
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 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.
19
If virgin material, subsoil/topsoil materials are required to be imported to site for remedial works, then these materials 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 and will not present a risk to future users of the site and 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.
20
Suitable water supply pipes will need to be 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 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.
21
Following completion of any remedial works a Validation Report will be submitted to and approved by the Local Planning Authority. The Validation 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 validation 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 validation data has been 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.
LANDSCAPING & TREES
22
Landscaping of the site as shown on the approved plans (Landscape Proposals Plot J J240765-GGC-ZZ-ZZ-D-L-002 Rev P02 & Landscape Proposals Plot C J240765-GGC-ZZ-ZZ-D-L-001 Rev P02 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 and in accordance with Local Plan Policies.
23
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees has been submitted and its installation on site has been approved in writing by the Local Planning Authority.
All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following:
• Full survey of all trees on site and those within influencing distance on adjacent sites in accordance with BS5837*, with tree works proposals. All trees must be plotted on a scaled site plan**, clearly and accurately depicting trunk locations, root protection areas and canopy spreads. (Provided)
• A plan** detailing all trees and hedgerows planned for retention and removal.
• A schedule of tree works for all the retained trees and hedges specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998.(Provided)
• Timing and phasing of works
• Site specific demolition and hard surface removal specifications
• Site specific construction specifications in connection with no-dig construction
methods.
• Access arrangements and car parking
• Level changes
• A Tree protection plan** in accordance with BS5837* detailing all methods of
protection, including but not restricted to: locations of construction exclusion
zones, root protection areas, fit for purpose fencing and ground protection,
service routes, works access space, material/machinery/waste storage and
permanent & temporary hard surfaces.
• Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones.
• Details of the arboricultural supervision schedule.
All tree protection methods detailed in the approved Arboricultural Method Statement
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.
*Using the most recent revision the of the Standard
** Plans must be of a minimum scale of 1:200 (unless otherwise agreed by the Local
Planning Authority)
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 in accordance
with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19:
Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape,
Policy CS28 Sustainable Design.
LOCAL LABOUR AGREEMENTS
24
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’
25
Prior to the operational use of the land/building(s) hereby approved, the attached Local Labour Agreement pro forma outlining measures to be taken to employ local workers for the operational phase of the development shall be completed and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and no later than 6 months from the date of first operation information shall be submitted to the Local Planning Authority providing details relating to the percentage of staff currently employed from the local area.
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’
BREEAM
26
Within 6 months of the building being occupied a BREEAM certificate confirming the scheme has achieved Very Good shall been submitted to and agreed, in writing, by the Local Planning Authority.
Reason
To achieve a sustainable form of development in accordance with Policy SP57 ‘Sustainable Construction’ and the NPPF
COMMUNICATION
27
Upon commencement of development 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
Informatives
01
2. in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
- Listed exemptions from Statutory BNG and transitional arrangements can be found at Biodiversity net gain: exempt developments - GOV.UK (www.gov.uk)
- The Statutory Biodiversity Gain Plan template can be found at https://www.gov.uk/government/publications/biodiversity-gain-plan
- Minimum legal requirements for the Biodiversity Gain plan can be found at https://www.legislation.gov.uk/ukpga/2021/30/schedule/14#:~:text=paragraph%2015).-,Biodiversity%20gain%20plan,-14
- Irreplaceable habitats for the purposed of Biodiversity Net Gain are defined by Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024. A full list of irreplaceable habitats can be found at https://www.legislation.gov.uk/uksi/2024/48/schedule/made
- Additional information required is outlined by Articles 37C(2) [Non Phased] 37C(4) [Phased] of The Town and Country Planning (Development Management Procedure) (England) Order 2015 and may be subject to the nature of your application https://www.legislation.gov.uk/uksi/2015/595#:~:text=Additional%20content%20of%20plan
- Where a Habitat Management and Monitoring Plan is required: https://publications.naturalengland.org.uk/publication/5813530037846016
02
The development will require a European Protected Species Licence from Natural England before any works can commence.
03
Drainage
1. Records indicate site to be in Environment Agency Flood Warning Area Zone 1
2. Flood resilience should be duly considered in the design of the new building/s or
renovation. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BRE
Good Building Guide 84.
EA flood warnings mean at https://flood-warning-information.service.gov.uk/warnings
3. Surface water drainage plans should include the following:
? Rainwater pipes, gullies and drainage channels including cover levels.
? Inspection chambers, manholes and silt traps including cover and invert levels.
? Pipe sizes, pipe materials, gradients and flow directions.
? Soakaways, including size and material.
? Typical inspection chamber / soakaway / silt trap and SW attenuation details.
? Site ground levels and finished floor levels.
4 Surface Water Discharge From Brownfield Site:
There should be no increase in surface water discharge from the site to existing sewers / watercourses. On site surface water attenuation will therefore be required if drained areas to existing sewers / watercourses are to be increased.
A 30% net reduction to existing peak discharge (up to a 1/100 yr storm + 40% CC) will be required if the site is being re-developed. A full justification will be required where the development cannot achieve the 30% betterment on the existing run-off rate.
5. On Site Surface Water Management:
The site is required to accommodate rainfall volumes up to 1 in 100 year return period (plus climate change) whilst ensuring no flooding to buildings or adjacent land.
The applicant will need to provide details and calculations including any below ground storage, overflow paths (flood routes), surface detention and infiltration areas etc. to demonstrate how the 100 year + 40% CC rainfall volumes will be controlled and accommodated.
Where cellular storage is proposed and is within areas where it may be susceptible to damage by excavation by other utility contractors, warning signage should be provided to inform of its presence. Cellular storage and infiltration systems should not be positioned within highway.
Guidance on flood pathways can be found in BS EN 752.
6. If infiltration systems are to be used for surface water disposal, the following information must be provided:
• Ground percolation tests to BRE 365.
• Ground water levels records. Minimum 1m clearance from maximum seasonal groundwater level to base of infiltration compound. This should include assessment of relevant groundwater borehole records, maps and on-site monitoring in wells.
• Soil / rock descriptions in accordance with BS EN ISO 14688-1:2002 or BS EN ISO 14689-1:2003
• Volume design calculations to 1-in 100-year rainfall + 40% climate change
standard. An appropriate factor of safety should be applied to the design in
accordance with CIRIA C753 – Table 25.2.
• Location plans indicating position (Soakaways serving more than one property must be located in an accessible position for maintenance). Soakaways should not be used within 5m of buildings or the highway or any other structure.
• Drawing details including sizes and material.
• Details of a sedimentation chamber (silt trap) upstream of the inlet should be included.
Soakaway detailed design guidance is given in CIRIA Report 753, CIRIA Report 156 and BRE Digest 365.
04
Signage
The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required.
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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