| Conditions / Reason for Refusal: |
01
The use as a metal recycling facility does not fall within the mixed use menu for this specific mixed use area within Table 18 of the adopted Rotherham Sites and Policies Document. The use is therefore at odds with the requirements of adopted Rotherham Local Plan policies CS31 ‘Mixed Use Areas’ and SP65 ‘Development in Mixed Use Areas’ and is not compatible with nor compliments the immediate surrounding uses.
02
The Council considers that the open storage of the various metals and materials at the rear of the site has a significantly adverse impact on the character and appearance of site, the immediate streetscene and the wider surrounding area in this gateway location. The development is not considered suitable for this location and is in direct conflict with the requirements set out in the Local Plan policies CS28 ‘Sustainable Design’ and SP55 ‘Design Principles’ as well as the requirements and provisions detailed in the National Planning Policy Framework and National Planning Practice Guidance.
03
It has not been demonstrated how waste from this development will be safely disposed of. Proposals for waste development will only be permitted within Rotherham if they can demonstrate how they support the vision, aims and overall strategy of the adopted Barnsley, Doncaster and Rotherham Joint Waste Plan, which forms part of the wider Local Plan for Rotherham. This site lies at the bottom of the waste hierarchy as set out in the Joint Waste Plan and is therefore contrary to the provisions within it, particularly policies WCS4 ‘Waste management proposals on non-allocated sites’; WCS6 ‘General considerations for all waste management proposals’ and WCS7 ‘Managing waste in all developments’, along with the aims of the National Planning Policy Framework, and Appendix A of the National Planning Policy for Waste.
04
The submitted Flood Risk Assessment does not comply with the requirements for site-specific flood risk assessments, as set out in paragraphs 20 to 21 of the Flood Risk and Coastal Change Planning Practice Guidance and its site-specific flood risk assessment checklist. The Flood Risk Assessment does not therefore adequately assess whether the development will increase flood risk elsewhere. In particular, the Flood Risk Assessment fails to:
• Consider how the site and its users will be kept safe from the identified flood hazards.
• Demonstrate that the proposed development does not increase off site flood risk (up to and including the 1% AEP 28% Climate Change uplift).
• Consider the requirement for flood emergency planning including flood warning and evacuation of people for a range of flooding events up to and including the extreme event.
05
The applicant has failed to provide details showing the internal swept path of the largest vehicle to visit the site to show that such a vehicle can enter and exit the site in a forward gear. The lack of information does not allow a full and comprehensive assessment of the impact of the development on the highway safety of all highway users.
06
The applicant has failed to provide details showing the disposal of on-site drainage or petrol interceptors to prevent pollution of any sewer or watercourse from contaminated surface water run-off.
Informative
01
Enforcement action has also been authorised requiring the use of the land as a metals recycling station to cease with a compliance period of 1 month and require the removal from the site of all waste materials, shipping containers and any other paraphernalia associated with the unauthorised use, within a compliance period of 3 months, from the date any Enforcement Notice comes into effect. Appropriate action should be taken as soon as possible to avoid the Council serving a formal Enforcement Notice in this respect.
POSITIVE AND PROACTIVE STATEMENT
The applicant did not enter into any pre application discussions with the Local Planning Authority. It is not possible to support a scheme of this nature, and no amendments have been identified at this time to make it acceptable. It was not considered to be in accordance with the principles of the National Planning Policy Framework and resulted in this refusal.
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