| 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 numbered 04 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 number 04 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 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 dated 15th January 2025
AP104 Rev A – Proposed Site Plan
AP105 – Proposed Floor Plans
AP106 Rev B – Proposed Elevations
1137-SW-01 rev B – Landscape Proposals Sheet 1
1137-SW-02 rev B – Landscape Proposals Sheet 2
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.
Construction Environment Management Plan
04
Prior to any works commencing on site a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below:
• Program and Phasing Details
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage / loading / unloading of materials / plant areas
o Parking / turning facilities for construction staff / deliveries
o Location of site compound
o Delivery times of materials and plant
o Car parking facilities for construction staff
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o 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
• Waste Management
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Highways
05
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.
06
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory parking spaces and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
07
Before the proposed development is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a time bound programme of implementation, monitoring and regular review and improvement. The Local Planning Authority shall be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as timetabled in the programme of implementation.
Reason
In order to promote sustainable transport choices.
Ecology
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 interests of biodiversity enhancement.
General Amenity
10
All Air Source Heat Pumps to be provided on the site shall be in compliance with all relevant limitations and conditions in Class G, Part 14 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) and shall comply with the MCS Planning Standards.
Reason
To safeguard the amenities of the existing occupiers of nearby properties and future occupiers of the site.
Trees and Landscapes
11
No work or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction – Recommendations. This shall be positioned in accordance with details as shown on drawing Arbtech TPP 01 rev B. The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
Reason
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity.
12
All tree works shall be carried out in accordance with the detail contained within the submitted Arboricultural Method Statement prepared by Arbtech dated 27 September 2024. In addition, no tree work shall commence until the applicant, or his contractor has given at least seven days’ notice of the intended starting date to the Local Planning Authority. The authorised works should be completed within 2 years of the decision notice otherwise a new application for consent to carry out any tree work will be required.
Reason
To ensure the tree works are carried out in a manner which will maintain the health and appearance of the trees in the interests of the visual amenities of the area.
13
Before the development is brought into use, the approved Landscape scheme as indicated on Dwg Nos 1137-SW-01 rev B and 1137-SW-02 rev B shall be implemented in accordance with RMBC Landscape Design Guide (April 2014) 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.
Informatives
01
Biodiversity Net Gain
Unless an exception or a transitional arrangement applies1, the effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan in respect of this permission would be Rotherham MBC. Failure to submit a Biodiversity Gain Plan prior to the commencement of development will lead to formal enforcement action being considered, which could be in the form of a Temporary Stop Notice (that will require all development on site to stop, for a period of 56 days).
Biodiversity Gain Plan
The biodiversity gain plan must include/accompanied by:
(a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;
(b) the pre-development biodiversity value of the onsite habitat;
(c) the post-development biodiversity value of the onsite habitat;
(d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development;
(e) any biodiversity credits purchased for the development;
(f) any information relating to irreplaceable habitat making up onsite habitat
(g) information about steps taken or to be taken to minimise any adverse effect of the development on, and arrangements for compensation for any impact the development has on the biodiversity of, any irreplaceable habitat4 present within the onsite baseline.
(h) any additional information requirements stipulated by the secretary of state.
The effect of section 73D of the Town and Country Planning Act 1990
If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission (“the earlier Biodiversity Gain Plan”) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
1. do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
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
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.
03
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.
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’.
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.
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.
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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