| 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 and/or carried out before development can start. Condition number 06 of this permission requires matters to be approved and/or carried out before development works begin; however, in this instance this condition is 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 06 is fundamental to the acceptability of the development and the nature of the further information required to satisfy this condition is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured, or matters carried out.
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 n2200_FUL 001 C
• Planning Layout n2200 FULL-008 Rev G
• Masterplan D910
• Preliminary Site Sections Sheet 1 of 2 WR4D-DCE-XX-XX-DR-C-5101 Rev P02
• Enabling Works Earthworks Strategy WR4D-DCE-XX-XX-DR-C-9050 Rev P02
• Illustrative Site Section n2200 703 Rev F
• BNG Plan PWP 700 03 701 Rev P03
• Substation Details GTC-E-SS-0011_R2-1_1_of_1
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 approved in RB2024/0344.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
Prior to the erection of any boundary treatment at the site details of the location, design and appearance of this shall be submitted to and approved by the Local Planning Authority. The approved boundary treatment shall be implemented on site.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
TRANSPORTATION
05
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 and in accordance with Local Plan Policies.
06
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.
AMENITY
07
All proposed construction and earthworks at Waverley Parcel 4D, High Field Spring shall be undertaken in accordance with the CEMP carried out by Bentley Project Management, dated April 2024 Version 1.7.
Reason
To safeguard the amenities of the future occupiers of the proposed development in
accordance with RMBC Policy SP52 and part 15 of the NPPF
LANDSCAPE AND ECOLOGY
08
Landscaping of the site as shown on the approved plans (BM3 drawing nos. 71967/D903 Rev B) 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 due regard is paid to the continuing enhancement and maintenance
of amenity afforded by landscape features of communal, public and biodiversity significance.
09
A landscape management plan, including long term design objectives, management
responsibilities and maintenance schedules for all landscape and public realm areas shall be submitted to and approved by the Local Planning Authority prior to the completion or first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme.
Note: A Management Plan may be expected to set out, graphically and / or in writing,
the overall functional and aesthetic objectives of a landscape scheme and the steps
such as legal arrangements including ownership and management responsibilities,
planned maintenance tasks, phased works, and monitoring procedures that will be
taken after implementation to ensure that the scheme establishes successfully and is
sustainable in the long-term.
Reason
To ensure that due regard is paid to the continuing enhancement and maintenance
of amenity afforded by landscape features of communal, public and biodiversity significance.
10
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 at the site
11
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 enhancement at the site
12
No habitat creation on site shall commence until a [Habitat Management and Monitoring Plan (the HMMP)], prepared in accordance with the approved Biodiversity Gain Plan and including:
a) a non-technical summary;
b) the roles and responsibilities of the people or organisation(s) delivering the
[HMMP];
c) the planned habitat creation and enhancement works to create or improve
habitat to achieve the biodiversity net gain in accordance with the approved
Biodiversity Gain Plan;
d) the management measures to maintain habitat in accordance with the
approved Biodiversity Gain Plan for a period of 30 years from the completion
of development; and
e) the monitoring methodology and frequency in respect of the created or
enhanced habitat to be submitted to the Local Planning Authority, has been
submitted to, and approved in writing by, the Local Planning Authority.
Reason
In the interest of Biodiversity at the site to achieve Biodiversity Net Gain.
GROUND CONDITIONS/STABILITY
13
No above ground development shall commence until;
a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity; and
b) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed.
The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.
Reason
In order to ensure the safety and stability of the development, in accordance with paragraphs 196 and 197 of the National Planning Policy Framework.
14
Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.
Reason
In order to ensure the safety and stability of the development, in accordance with paragraphs 196 and 197 of the National Planning Policy Framework.
15
No above ground development works shall commence until supplementary site Investigation works have been undertaken to assess the geotechnical and geo-environmental constraints at the site. The investigation and subsequent risk assessment shall be undertaken by competent persons and a written report of the findings shall be submitted and approved by the Local Planning Authority. The approved details shall be implemented on site.
The above works shall be conducted in line with guidance document ‘Land Contamination Risk Management’ (July 2023) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017).
Reasons
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National Planning Policy Framework.
16
Subject to the findings of item 16 above and prior to the commencement of remediation works on site, a Remediation Method Statement shall be submitted to and approved by the Local Planning Authority. 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.
Reasons
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National Planning Policy Framework.
17
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 in writing by the Local Planning Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
Reasons
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National Planning Policy Framework.
18
If subsoil/topsoil is required to be imported to site for remedial works/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.
Reasons
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National Planning Policy Framework.
19
Following completion of any required remedial/ground preparation works a Verification Report shall be submitted to and approved by the Local Planning Authority. The Verification 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 Verification 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 verification data has been approved by the Local Planning Authority.
Reasons
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National Planning Policy Framework
DRAINAGE
20
The development shall be carried out in accordance with the details shown on the
submitted plan, 101027 Waverly Phase 4D Drainage Statement' WR4D-DCE-XX-XX-RP-C- 0001 (rev P02prepared by Dice, dated February 2024, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage
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
Mining Remediation Authority -
1 - Ground Investigations and groundworks
Under the Coal Industry Act 1994 any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority since these activities can have serious public health and safety implications. Such activities could include site investigation boreholes, the piling of foundations, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain permission to enter or disturb our property will result in the potential for court action. Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine- on-your-property.
2 - Requirement for Incidental Coal Agreements
If any future development has the potential to encounter coal seams which require
excavating, for example excavation of building foundations, service trenches,
development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required from the Coal Authority. Further information regarding
Incidental Coal Agreements can be found at: www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-
applicants-for-incidental-coal-agreements
3 - Shallow coal seams
In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities.
03
Yorkshire Water -
1.) The submitted 101027 Waverly Phase 4D Drainage Statement' WR4D-DCE-XX-XX-RP-C-0001(rev P02 prepared by Dice, dated February 2024 is acceptable.
In summary, the report states that
a.) Foul water will discharge to private adoptable network.
b.) Sub-soil conditions do not support the use of soakaways
c.) A watercourse exists near to the site surface water will discharge to this subject to
approval by appropriate governing body.
2.) Private sewers - that may or may not have spare capacity available - are understood to be located to the west of the site. You should contact the original developer for consent if you wish to utilise these sewers. Please note, however, that these private sewers are believed to be contained in a sewer adoption agreement made with Yorkshire Water (or our predecessor/agent) under the provisions of Section 104 of the Water Industry Act 1991 (or similar earlier legislation that this has replaced). To avoid prejudicing any prospective adoption of these sewers, Yorkshire
Water's approval to the use of such sewers should also be sought.
3.) If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he/she should contact our Developer Services Team (telephone 03451 208 482, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Code for Adoption - a design and construction guide for developers' as supplemented by Yorkshire Water's requirements.
04
Network Rail
Works in Proximity to the Operational Railway Environment
Development Construction Phase and Asset Protection. We note and appreciate that the Applicant has entered into discussions with Network Rail’s Asset Protection Team to safeguard railway infrastructure (ACE ID 0000289403). Where it is understood that a BAPA (Basic Asset Protection Agreement) is in place. It will be imperative that such engagement continue, prior to any work taking place on site to ensure that the development can be undertaken safely and without impact to operational railway safety.
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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