| 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
4137 001 Rev A Location Plan
4137 003 Rev F Site Plan
4137 010 Rev G Proposed Floor Plans (Existing Building)
4137 011 Rev G Proposed Floor Plans (Existing Building)
4137 012 Rev I New Build North and East Elevations
4137 013 Rev P New Build South and West Elevations
4137 014 Rev L New Build Rear Elevations
4137 015 Rev AB New Build Rear Elevations
4137 030 Rev K New Build Floor Plans
4137 032 Rev J New Build Section
4137 035 Rev L - New Build Floor Plans
4137 036 Rev J - New Build Elevations
4137 042 Rev E Proposed Floor Plans (Existing Building)
4137 043 Rev F Proposed Floor Plans (Existing Building)
4137 045 Rev C Proposed Floor Plans (Existing Building)
4137 046 Rev A Proposed Floor Plans (Existing Building)
4137 047 Rev B Proposed Block Plan
4137 048 Rev A Stop Up Proposed Plan
4137 050 Proposed Floor Plans (Existing Building)
4137-106 Proposed Shop Front
4137-SA-P-00-DR-A-301 Bin Store
Reason
To define the permission and for the avoidance of doubt.
02
The building hereby proposed on Domine Lane shall be constructed in accordance with the details/samples approved by application RB2020/1593.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
03
Units 1, 2, 3 and 4 as shown on Drawing No. 4137 042 Rev E, shall be used for A1, A2 and A3 uses only as defined in the Town and Country Planning (Use Classes) Order, 1987, (or any Order revoking and re-enacting that Order with or without modification).
Reason
The premises are not considered suitable for general use within certain other Use Classes for amenity reasons.
Highways
04
Before the commencement of construction of the new building on Domine Lane hereby approved, details of the proposed scheme in Domine Lane as shown in draft form on Drg No 4137/003 rev F shall be submitted to and approved by the Local Planning Authority. The scheme shall be implemented prior to the building on Domine Lane being brought into use.
Reason
In the interests of road safety and to ensure a satisfactory alternative is provided.
05
The construction phase of the development shall be carried out in accordance with the Construction Method Statement submitted and approved by application RB2018/1982.
Reason
In the interests of road safety and the amenity of local residents, businesses and pedestrians.
06
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 time tabled in the programme of implementation. . For further information please contact the Transportation Unit (01709) 822186.
Reason
In order to promote sustainable transport choices.
07
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 that mud and other extraneous material is not deposited on the public highway and that each building can be reached conveniently in the interests of the adequate drainage of the site, road safety and residential amenity.
08
Before the new building on Domine Lane is brought into use the car parking area shown on the proposed site layout shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
Drainage
09
The new building hereby proposed shall not begin construction until a foul and surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the construction details and shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall demonstrate:
The utilisation of holding sustainable drainage techniques (e.g. soakaways etc.);
The limitation of surface water run-off to equivalent brownfield rates (i.e. minimum of 30% reduction in flows based on existing flows and a 1 in 1 year return period);
The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus an appropriate allowance for climate change, based upon the submission of drainage calculations; and
A maintenance plan including responsibility for the future maintenance of drainage features and how this is to be guaranteed for the lifetime of the development.
Reason
To ensure that the development can be properly drained.
10
A flood route drawing showing how exceptional flows generated within or from outside the site will be managed including overland flow routes and design of buildings to prevent entry of water, shall be submitted to and approved by the Local Planning Authority and the development shall not be brought into use until such approved details are implemented.
Reason
To ensure that the development can be properly drained.
Ecology
11
The development shall be carried out in accordance with the recommendations of the submitted and approved bat survey. Thereafter such approved measures shall be retained and maintained unless otherwise agreed with the Local Planning Authority.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
Environmental Health
12
The development shall be carried out in accordance with the specifications provided in Table 5.1 (Ambient Noise Levels and Associated Scheme of Sound Insulation) of the Environmental Noise Solutions Limited report Noise Impact Assessment for Proposed Mixed Use Development, Westgate Chambers, Rotherham, S60 1AN dated 3rd July 2017. The glazing and trickle ventilation shall meet or exceed the specifications outlined in Table 5.1 at all times unless otherwise agreed with the Local Planning Authority.
Reason
In the interests of the amenity of the future residents of the development.
13
All cooking fumes shall be exhausted from the building via a suitable extraction and/or filtration system. This shall include discharges at a point not less than one metre above the highest point of the ridge of the building or any such position as may be agreed in writing by the Local Planning Authority prior to the sale of any hot food from any of the units. The extraction/filtration system shall be maintained and operated in accordance with the manufacturer's specifications, details of which shall be submitted to and approved by the Local Planning Authority prior to installation and it shall thereafter be operated effectively during cooking. All systems shall take into account the document 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems' published by DEFRA January 2005.
Reason
So as to ensure correct dispersion of cooking odours to avoid disamenity to the locality.
Land Contamination
14
Following demolition works a Phase II Intrusive Site Investigation should be undertaken to assess both the potential geotechnical and geo-environmental constraints at the site. 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 is subject to the approval in writing of the Local Planning Authority. The above should be conducted in accordance with DEFRA and the Environment Agencys Model Procedures for the Management of Land Contamination, CLR 11 and Contaminated Land Science Reports (SR2 -4).
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
Subject to 14 above and prior to development commencing on the construction of the new building on Domine Lane, a Remediation Method Statement shall be provided and approved by this Local 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 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.
16
If subsoils / topsoils are required to be imported to site for remedial works, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination. The results of testing will need to be presented in the format of a Validation Report.
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.
17
Following completion of any remedial/ground preparation works a Validation Report should be forwarded 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 by the Local 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.
Informative(s)
01
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.
02
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 (1984) Code of Practice; 'Noise Control on Construction and Open Sites', and Minerals Planning Guidance Note 11 (1993) 'The Control of Noise at Surface Mineral Workings'.
03
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.
04
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.
05
Glazing and trickle ventilation must meet or exceed the specifications provided in Table 5.1 (Ambient Noise Levels and Associated Scheme of Sound Insulation) of the Environmental Noise Solutions Limited report Noise Impact Assessment for Proposed Mixed Use Development, Westgate Chambers, Rotherham, S60 1AN dated 3rd July 2017.
06
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.
07
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.
08
South Yorkshire Police Architectural Liaison Officer has strongly recommends that the Apartments should be constructed to Secured by Design standards.
All communal entrance and exit doors must be to LPS 1175 SR 2 or better, all flat doors and ground floor windows should be to PAS 24:2016 the required standards for Secured by Design.
All ground floor glazing must be laminated, including to the retail units.
All communal space must be lit 24/7 to BS 5489, including stairwells and lift lobbies, Stairwells to be open and well lit, the user should be able to see the next staircase ahead.
Any landscaping should be kept low and trees to have no foliage below 1m to aid natural surveillance.
Access control must be used on the parking area and from the parking area into the building.
The apartment entrances and parking areas must be well lit again to BS 5489 with no dark areas.
Audio/visual access control should be used on the entrance for the apartments.
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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