| 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 numbers 3, 5, 9, 11, 12, 16 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 3, 5, 9, 11, 12, 16 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.
General
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)
Amended Site Plan (24-035-2 revision A)
Amended Boundary Plan (24-035-8 revision A)
Plots 1,2,7 & 8 Elevations & Floor Plans (24-035-4)
Plots 3 & 6 Elevations & Floor Plans (24-035-5)
Amended Plots 4 & 5 Floor Plans (24-035-6 Revision A)
Amended Plots 4 & 5 Elevations (24-035-6.1 Revision A)
Reason
To define the permission and for the avoidance of doubt.
Highways
03
The development shall not be commenced until details of the proposed alterations in the highway, indicated on plan reference 24-035-2 revision 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. (These works will require an Agreement under S278 Highways Act, 1980 and involve the provision of widening the adopted highway.)
Reason
In the interests of road safety.
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 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.
05
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority, and the approved details shall be implemented before the development is completed.
Reason
No details having been submitted they are reserved for approval.
06
Prior to the occupation of each dwelling, one vehicle charging point per dwelling shall be provided as per the approved drawings. The dwelling shall not be occupied until the charging point has been provided and shall thereafter be retained.
Reason
In the interests of sustainable development and air quality in accordance with the Local Plan and the NPPF.
Materials
07
Prior to any above ground development commencing details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted or samples of the materials have been left on site, and the details/samples shall be approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details/samples.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
08
The boundary treatment as approved shall be completed before the dwelling it serves is occupied, and shall thereafter be retained and maintained.
Reason
In the interests of the visual amenity of the area.
Biodiversity/Landscape
09
No development shall commence until Biodiversity Enhancement & Management Plans (BEMPs) for the site have been submitted to and approved in writing by the Local Planning Authority. The Plans shall provide a:
a) Description and evaluation of features to be managed and enhanced; including:
i. Description of new landscape planting incorporating native plant species
ii. Gaps of suitable dimensions (130mmx 130mm) should be provided at the foot of permanent perimeter and boundary fences at selected points to permit the movement of hedgehogs around the site post construction.
iii. To ensure that holes are kept open ‘Hedgehog Highway’ signage should be provided (sourced by Peoples Trust for Endangered Species and/or British Hedgehog Preservation Society) and secured above the holes.
iv. The location and number of bat roosting features should be included within the new residential properties.
v. The location and number of bird nest boxes should be integrated into the new residential properties.
b) Extent and location/area of proposed enhancement works on appropriate scale maps and plans;
c) Aims and Objectives of management;
d) Appropriate Management Actions for achieving Aims and Objectives;
e) An annual work programme (to cover an initial 5 year period).
For each of the first 5 years of the Plans, a progress report shall be sent to the Local Planning Authority reporting on progress of the annual work programme and confirmation of required Actions for the next 12 month period.
The Plans shall be reviewed and updated every 5 years to ensure their aims and objectives are being met. The approved Plans will be implemented in accordance with the approved details.
The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme
Reason
To ensure no net loss in biodiversity across the site
10
Prior to commencement of development, a detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape 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 maintenance and a schedule of operations, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme 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
Land Contamination
11
Prior to development commencing a Phase II Intrusive Site Investigation should be undertaken to assess for the potential presence and extent of ground contamination. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report shall be submitted to and approved in writing of the Local Planning Authority. The above shall be conducted in line 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 that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
12
Subject to the findings of Condition 11 and prior to development commencing, a Remediation Method Statement shall be submitted to and approved by this 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 Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
13
If during development works 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
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
14
If subsoil/topsoil is required to be imported to site for gardens and 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 that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
15
Following completion of any remedial/ground preparation works a Validation Report should be submitted to the Local Authority for review and comment. 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 approved in writing by the Local Planning Authority.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
Drainage
16
The development hereby granted shall not be begin until details of the foul and surface water drainage and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. The approved 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.
Mud in highway
17
Prior to the commencement of works a Construction Method Statement shall be submitted to and approved in writing by the Council and the approved statement shall be adhered to throughout the construction period. The Statement shall provide for; Wheel wash facilities, Storage / loading / unloading of materials / plant; and car parking facilities for the construction staff.
Reason
In the interest of highway safety and local amenity.
Informatives
01
You should note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust which may arise during the construction phase. If a statutory nuisance is found to exist, they must serve an Abatement Notice under the Environmental Protection Act 1990. Failure to comply with the requirements of an Abatement Notice may result in a fine of up to £20,000 upon conviction in the Magistrates' Court. It is therefore recommended that you give serious consideration to reducing adhering to the following recommendations.
a) Except in case of emergency, no operations shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall be no working on 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 Planning Authority shall be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
b) All machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in British Standard 5228 Code of Practice: 'Noise Control on Construction and Open Sites’.
c) At all times during the carrying out of operations authorised or required under this permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption. Any accidental deposition of dust, slurry,
mud or any other material from the site, on the public highway shall be removed immediately by the developer.
d) Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
02
Drainage
In order to discharge condition 16, the applicant is advised that they would be
expected to submit information including but not limited to the following:
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.
The applicant is advised that they would be expected to submit information including but not limited to the following:
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.
03
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
04
The four South Yorkshire Authorities have committed to ensuring that relevant developments are provided with Gigabit-capable full fibre broadband. Please refer to the attached informative in this respect.
05
Severn Trent Water advise that although their statutory sewer records do not show any public sewers within the area specified, there may be sewers that have been recently adopted under The Transfer Of Sewer Regulations 2011. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the building.
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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