| Conditions / Reason for Refusal: |
General
01
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.
023011 WBD 01 00 DR A 1002 rev P01 – Location Plan
023011 WBD 01 00 DR A 0002 rev P02 – Site Plan
023011 WBD 01 ZZ DR A 0001 rev P01.6 – GA Ground Floor
023011 WBD 01 ZZ DR A 0003 rev P01.9 – GA Ground Floor
023011 WBD 01 ZZ DR A 0004 rev P01.9 – GA First Floor
023011 WBD 01 ZZ DR A 0005 rev P01.8 – GA Elevations
023011 WBD 01 ZZ DR A 0006 rev P01.5 – GA Sections
023011 WBD 01 ZZ DR A 0007 rev P01.7 – GA Elevations - Context
023011 WBD 01 ZZ DR A 0008 rev P01.5 – GA Foundations
023011 WBD 01 ZZ DR A 0009 rev P01.3 – GA Section 02
023011 WBD 01 ZZ DR A 0010 rev P01.10 – Lift
023011 WBD 01 ZZ DR A 0011 rev P01.3 – GA Door Schedule
023011 WBD 01 ZZ DR A 0012 rev P01.3 – GA Window Schedule
023011 WBD 01 ZZ DR A 0013 rev P01.3 – GA Curtain Wall
023011 WBD 01 ZZ DR A 0017 rev P01.2 – Details
7838 – Final Connections
7838 – Floor Slab
7838 – Final Foundation Details
7838 – Final Office
7838 – Final Structural Steelwork 1
7838 – Final Structural Steelwork 2
A5761 04/C – Landscape Plan
C1033 – G1, G2, G3, G4, G5, G6, G7, G8, G9, G10, G11, G12, G13 – Construction Drawings
1229-ACE-ZZ-XX-DR-C-08000 rev P03 – Drainage General Arrangement Sheet 1
1229-ACE-ZZ-XX-DR-C-08001 rev P03 – Drainage General Arrangement Sheet 2
1229-ACE-ZZ-XX-DR-C-08003 rev P02 – Manhole Schedule
1229-ACE-ZZ-XX-DR-C-08004 rev P02 – Drainage Construction Details
Reason
To define the permission and for the avoidance of doubt.
02
The development shall be carried out in accordance with the details relating to the materials to be used in the construction of the external surfaces of the building, approved by RB2024/0652.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
Air Quality and Emissions
03
Notwithstanding the submitted information, prior to the building being brought into use details of the provision of electric vehicle charging point infrastructure (cabling routes) to serve every car parking space and a minimum of 20% of parking spaces to have charging points for each building shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details on the number, specification, location and maintenance schedule for electric vehicle recharge infrastructure. The approved details shall be implemented prior to each building being brought into use and shall thereafter be retained and maintained.
Reason
In the interests of climate change and improving air quality and emissions.
Construction Environment Management Plan
04
All proposed construction works shall be undertaken in accordance with the Construction Environmental Management Plan by JBP Construction Consultants Limited.
Reason
To safeguard the amenities of the occupiers of nearby properties.
General Amenity
05
The combined noise from all fixed mechanical services and external plant and equipment shall be effectively controlled so that the combined rating level of noise from all such equipment shall be 3dB below the existing background sound level at any time when measured at the nearest noise sensitive receptors. ‘Rating Level’ and ‘Background Sound Level’ are as defined in BS 4142:2014+A1:2019.
Reason
To safeguard the amenities of the occupiers of nearby properties.
Restrictions
06
The use of the building hereby permitted shall occur between the hours of 0600-0600 Mondays to Mondays.
Reason
In the interests of residential amenity.
07
There shall be no deliveries to the building hereby approved outside of the hours of 0600-2200 Mondays to Fridays.
Reason
In the interests of residential amenity.
Drainage and Flood Risk
08
The development shall be carried out in accordance with the details shown on the submitted, Flood Risk Assessment & Drainage Strategy 1229-ACE-ZZ-XX-RP-C-1000 (revision 001) prepared by APEX Consulting Engineers, dated 20/10/2023, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage.
Landscapes
09
Landscaping of the site as shown on the approved plan (drawing no. A5761 04/C) shall be carried out during the first available planting season after commencement 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.
Ecology
10
All ecological measures and/or works shall be carried out in accordance with the details contained in [Exterior Lighting Plan, Relux, December 2023] and the [Construction Environmental Management Plan, JBC Construction] as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.
Reason
To minimise light pollution and reduce the impact on wildlife.
11
All ecological measures and/or works shall be carried out in accordance with the details contained in [Biodiversity Enhancement Plan, JCA Limited, February 2024] as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.
Reason
In the interests of biodiversity enhancement.
BREEAM
12
Any building hereby approved that exceeds a floor area of 1,000 sq.m shall be designed to achieve BREEAM Very Good rating as a minimum. Prior to the commencement of the development of each building a BREEAM Assessors report shall be submitted to and approved in writing by the Local Planning Authority. The building shall subsequently be developed in accordance with the approved details.
Reason
To achieve a sustainable form of development in accordance with the NPPF.
Waste Management
13
Prior to the building being first occupied a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
1) information on the amount and type of waste that will be generated from the site;
2) measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
3) design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
4) measures to minimise the use of raw materials and minimise pollution of any waste;
5) details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
6) construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
7) details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Land Contamination
14
If required and post construction, a Gas Verification Report is to be provided to confirm that the measures constructed/installed meet the required standards. Inspection reports for each building will be forwarded to the Local Authority for review and comment.
Reason
To ensure the safe occupation of the site.
15
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 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.
16
If 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 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.
17
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.
18
Following completion of any remedial works a Validation Report will be forwarded to this 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 by the Local Authority.
Reason
To ensure the safe occupation of the site.
Highways
19
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 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.
20
Before the building hereby approved 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 parking spaces and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
21
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.
22
The Construction Traffic Management Statement submitted and approved by RB2024/0467 shall be adhered to throughout the construction phase of development.
Reason
In the interests of highway safety and residential amenity.
Local Labour Agreement
23
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’.
Informative(s)
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 general disturbance by restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
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
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.
04
development would greatly benefit from being built to Secured by Design standards, www.securedbydesign.com
Defensible Space
It would be beneficial for any fencing surrounding this development to be Weld mesh type fencing and to profile 358, as should any gates.
Security of Building
All external doors, windows and Roller Shutters must meet one of the following:
PAS 24:2022
LPS 1175 SR 2
STS 201 or STS 202 BR2
All entrances should be well lit.
All windows used at ground floor level and any curtain wall glazing must be laminated to 6.8 m or P1A.
Vehicle Parking
The Car Parks should be well lit with a scheme equivalent to BS 5489 with no dark areas, all landscape should be kept low to aid surveillance.
05
Access for appliances should be in accordance with Approved Document B, Volume 2, part B5, Section 15.
06
Water supplies should be in accordance with Approved Document B, Volume 2, part, B5 section 16.
07
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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