| Conditions / Reason for Refusal: |
General
01
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below):
2068-NTN-XX-DR-001-Site Location Plan, received 12 October 2020
2068-NTN-XX-DR-008-Planning Layout rev W, received 3 April 2024
2068-NTN-X-DR-101-Materials Plan rev H, received 9 February 2024
2068-NTN-XX-DR-700-Boundary Treatment Plan rev L, received 3 April 2024
2068-KMH-XX-SK-101-PV Layout Rev D, received 19 October 2023
2068-NTN-XX-DR-001-Car Charging Plan rev E, received 9 February 2024
New Dwellings
HAL-X2-PL, received 12 October 2020
HAL-X2-EL, received 12 October 2020
HAL-X3-PL, received 12 October 2020
HAL-X3-EL, received 12 October 2020
WEN-X2-PL, received 12 October 2020
WEN-X2-EL, received 12 October 2020
CAD-X2-PL, received 12 October 2020
CAD-X2-EL, received 12 October 2020
BAM-X2-PL, received 12 October 2020
BAM-X2-EL, received 12 October 2020
BAM-X3-PL, received 12 October 2020
BAM-X3-EL, received 12 October 2020
CAM-AS-PL, received 12 October 2020
CAM-AS-EL, received 12 October 2020
CAM-OP-PL, received 12 October 2020
CAM-OP-EL, received 12 October 2020
HAR-AS-PL, received 12 October 2020
HAR-AS-EL, received 12 October 2020
HAR-OP-PL, received 12 October 2020
HAR-OP-PL, received 12 October 2020
HAR2-AS-PL, received 12 October 2020
HAR2-AS-EL, received 12 October 2020
HAR2-OP-PL, received 12 October 2020
HAR2-OP-EL, received 12 October 2020
HARBAM-AS-PL, received 12 October 2020
HARBAM-AS-EL, received 12 October 2020
HARBAM-OP-PL, received 12 October 2020
HARBAM-OP-EL, received 12 October 2020
HAR2BAM-AS-PL, received 12 October 2020
HAR2BAM-AS-EL, received 12 October 2020
HAR2BAM-OP-PL, received 12 October 2020
HAR2BAM-OP-EL, received 12 October 2020
RIC-X2-PL, received 12 October 2020
RIC-X2-EL, received 12 October 2020
RI2-X2-PL, received 12 October 2020
RI2-X2-EL, received 12 October 2020
KEN-AS-PL, received 12 October 2020
KEN-AS-EL, received 12 October 2020
KEN-OP-PL, received 12 October 2020
KEN-OP-EL, received 12 October 2020
ROUNDH-END-AS-BB-201 Rev 2 – Swindale, received 25 April 2023
KERSHO-END-AS-BB-201 Rev 2 – Kershope (Garage) Floor Plan, received 25 April 2023
KERSHO-END-AS-BB-202 Rev 2 – Kershope (Garage) Elevations, received 25 April 2023
KERSHO-END-AS-BB-201 Rev 2 – Kershope (Car Port) Floor Plan , received 25 April 2023
KERSHO-END-AS-BB-202 Rev 2 – Kershope (Car Port) Elevations, received 25 April 2023
HOVETO-DET-AS-BB-201 Rev 2 – Hoveton, received 25 April 2023
HARLAN-END-AS-BB-201 Rev 2 – Harland, received 25 April 2023
BRADSH-END-AS-BB-201 Rev 2 – Bradshaw, received 25 April 2023
CAVERS-DET-AS-BB-201 Rev 2 – Caversham, received 25 April 2023
CONIST-END-AS-BB-201 Rev 2 – Coniston, received 25 April 2023
WALDON-END-AS-BB-201 Rev 2 - Waldon, received 25 April 2023
Apartment Block L1 Plots 130-135 rev 9, received 9 February 2024
Apartment Block T1 Plots 79-84_118-123_124-129 rev 9, received 9 February 2024
Garages
9010 rev 1, received 12 October 2020
9030 rev1, received 12 October 2020
2068-KMH-KENSINGTON_END_AS-M3-A-5080 - Kensington Garage, received 20 October 2022
Conversion Plans
201 rev A, received 12 October 2020
302-01, received 12 October 2020
302-02, received 12 October 2020
301, received 12 October 2020
022 / 045 / SHWD, received 21 September 2023
022 / 045 / SHFFWD, received 21 September 2023
022 / 045 / SHSFWD, received 21 September 2023
022 / 045 / RLHWD /A, received 12 October 2023
Landscape Plans
GL1438 01LM, received 9 February 2024
GL1438 02M, received 9 February 2024
GL1438 03M, received 9 February 2024
GL1438 04M received 9 February 2024
GL1438 05A, received 14 April 2021
Reason
To define the permission and for the avoidance of doubt.
Materials
02
The materials to be used in the construction of the external surfaces of the new build dwellings hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing no 2068-NTN-X-DR-101-Materials Plan rev H. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Boundary Treatment
03
The boundary treatment shall be implemented in accordance with 2068-NTN-XX-DR-700- Boundary Treatment Plan rev L which was submitted and approved by RB2023/1231 before the first dwelling in each phase is occupied.
Reason
In the interests of the visual amenity of the area.
04
The acoustic fence shall be implemented in accordance with 2068-NTN-XX-DR-700- Boundary Treatment Plan rev L which was submitted and approved by RB2023/1231 before the adjacent car park to Sitwell House is brought into use.
Reason
To prevent light and noise pollution from the car parking area and in the interests of the amenity of neighbouring residents.
Conservation / Listed Buildings
05
The materials to be used in the construction of the external surfaces of the conversions to the Lodge House, Swinden House, Sitwell House and the former Stable Block buildings shall be carried out in accordance with details approved by RB2024/1164.
Reason
In the interest of the special interest of the listed and curtilage listed buildings and its setting.
06
All new windows and doors to the Lodge House, Swinden House, Sitwell House and the former Stable Block buildings, including colour treatment shall be in accordance with the details aprpoved by RB2024/1164.
Reason
In the interest of the special interest of the listed and curtilage listed buildings and its setting.
07
All new rainwater goods to the Lodge House, Swinden House, Sitwell House and the former Stable Block buildings shall be cast iron or cast aluminium painted black unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of the special interest of the listed and curtilage listed buildings and its setting.
Highways
08
Prior to the occupation of the 50th dwelling, a signal controlled pedestrian crossing of Moorgate Road, as shown in draft form on Drg No LTP/4430/C2/12/02 Rev A, shall be provided, in accordance with details which shall have been submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway safety and sustainability.
09
The proposed level boarding i.e. raised kerbs and clearway road markings at the two relocated bus stops on the site frontage with Beaconsfield Road shall be implemented in accordance with the drawings and details submitted and approved under RB2021/1487 and the details shall be implemented before the first occupation of the development.
Reason
In the interests of highway safety and sustainability.
10
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.
11
The parking areas indicated on the drawings submitted and approved by RB2021/1487 shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
12
The new internal road layout details of road section, construction and drainage details of adoptable roads shall be constructed in accordance with the details submitted and approved by RB2021/1487 and shall be implemented before the development is completed.
Reason
No details having been submitted they are reserved for approval.
13
The development shall be carried out in accordance with the Travel Plan submitted and approved under RB2021/1457.
Reason
In order to promote sustainable transport choices.
14
The existing vehicular access on the site frontage to Beaconsfield Road shall be permanently closed and the kerbline / footway reinstated before the development is brought into use.
Reason
In the interests of road safety.
Drainage
15
The development shall be carried out in accordance with the details shown in the submitted Flood Risk Assessment prepared by Eastwood & Partners (Report dated 29 September 2020), unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage.
16
The foul and surface water drainage details contained within the drawings submitted and approved by RB2021/1526 shall be implemented in accordance with the approved details prior to the site being completed. Until the approved scheme has been fully implemented, temporary arrangements shall be put in place to limit discharge to rates agreed by Yorkshire Water.:
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF.
17
The development shall be carried out in accordance with the Flood Route Drawing (ref: 2068-NTN-XX-DR-008 rev J) which was submitted and approved by RB2021/1526.
Reason
To ensure the development can be properly drained and will be safe from flooding in accordance with the Local plan and the NPPF.
Trees
18
The trees and hedgerows to be retained on site shall be done in accordance with the details contained within the Arboricultural Method Statement, prepared by Ecus, dated July 2021, which was submitted and approved under RB2021/1619.
All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change in.
19
The development shall be carried out in accordance with the Tree Monitoring Program submitted and approved under RB2021/1619.
Within three months of first use of the development hereby approved, a report containing the following details shall be submitted to and approved by the Local Planning Authority:
• Results of each site visit by the lead arboriculturist with photos attached.
• Assessment of the retained and planted trees including any necessary remedial action as a result of damage incurred during construction.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change.
Ecology
20
Prior to each dwelling being occupied the bat and bird boxes submitted and approved by RB2024/0732 shall be implemented in accordance with the approved details before the dwelling to which it relates is occupied.
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981and to mitigate the loss of a small number of sub-optimal roosting features.
Air Quality
21
Before each dwelling is occupied the EV charging point details for each dwelling shown on drawing number 2068-KMH-XX-DR-001 rev A, which was submitted and approved by RB2021/1457 shall be implemented and shall thereafter be maintained as such.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
Communication
22
The measures to facilitate the provision of gigabit-capable full fibre broadband for the development, shall be implemented in accordance with the details submitted and approved by RB2021/1457.
Reason
In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF.
General Amenity
23
The construction phase shall be carried out in accordance with the details contained within the Construction Management Plan (ref: HSS-PL-001-CEMP – Construction Management Plan – rev E and TATA Construction Management Plan rev D, submitted and approved under RB2021/1618. The approved measures shall be implemented throughout the construction period.
Reason
In the interests of residential amenity and highway safety.
Land Contamination
24
The development shall be carried out in accordance with the details submitted and approved by RB2022/1457 and contained within documents:
• Supplementary Site Investigation Works – Former Swinden Technology Centre, Moorgate Road, Rotherham – prepared by Sirius Remediation Ltd, dated 27th April 2022, reference SR3943/LR1/PH
• Additional Supplementary Site Investigation Works in Previously Inaccessible Area C (No.3 Transformer) – Former Swinden Technology Centre, Moorgate Road, Rotherham – prepared by Sirius Remediation Ltd, dated 27th April 2022, reference SR3943/8238/PH/SG
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.
25
The Remediation works set out in the document ‘Remediation Strategy - Land at Moorgate, Rotherham – prepared by Lithos Consulting Ltd, dated January 2023, reference 3563/2A’, submitted and approved under RB2023/0226 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.
26
In the event that during development works unexpected significant contamination is encountered at any stage, 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 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.
27
The foundation design shall be in accordance with sections 14.4.43 – 14.6.2 (pages 60 – 61) of the above report entitled ‘Geo-Environmental Appraisal – Land at Moorgate, Rotherham – prepared by Lithos Consulting Limited, dated April 2020, reference 3563/1’ and in accordance with the findings of further site investigations required at condition 25 above.
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.
28
The gas protection measures and design shall be implemented in accordance with the details contained within the Gas Verification Report submitted and approved by RB2021/1527.
All inspection reports will be forwarded to the Local Authority for review and comment. If any foundations for plots identified outside of the zones shown in drawing 3563/10 encounter significant thicknesses of coal, then these plots will need to be upgraded to CS2 measures.
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.
29
If subsoil/topsoil is required to be imported to site for remedial and garden/soft landscaping areas, 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.
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.
30
The development shall be carried out in accordance with the details submitted and approved by RB2022/1457 and contained within documents:
• Validation Report for Remedial and Preparatory Works for Land Off Moorgate Road, Rotherham – prepared by Sirius Remediation Ltd, dated July 2022, reference SR3943-VR, Final
• Soil Cover Validation Certificate – Plots 6-9 – prepared by Lithos Consulting, dated 21/10/2022
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.
Waste Management Plan
31
The development shall be carried out in accordance with the Waste Management Plan (ref: HSS-FO-002-Waste) submitted and approved by RB2022/1457. 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.
Restrictions
32
Notwithstanding the provisions of Schedule 2, Part 1, Class B and C of the Town and Country Planning (General Permitted Development) Order 2015, as amended, no extensions / alterations to the rear roof slopes of properties at plots 87 to 97 and plots 108 to 117 as shown on drawing 2068-NTN-XX-DR-008-Planning Layout rev P shall be carried out without the prior permission of the local planning authority.
Reason
In order to restrict the potential for development in the roofspace which may result in overlooking and as such would need to be fully assessed.
Landscapes
33
The Public Open Space Phasing Plan ref: 2068-NTN-XX-DR-500 rev D submitted and approved under RB2023/1225 shall be implemented prior each area of open space being brought into use.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
34
All Plot and structural planting, seeding and/or turfing forming part of the approved details of Non-Public Open Space landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or the completion of that part or phase of development to which it relates, whichever is the sooner.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
35
Any plants or trees which within a period of 5 years from completion of each geographical phase of planting die, are removed or damaged, or that fail to thrive shall be replaced. 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.
36
The development shall be implemented in accordance with the Landscape Management Plan submitted and approved by RB2021/1528. The management shall thereafter be carried out in accordance with the agreed management scheme for the lifetime of the development.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
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.
It is recommended that any vegetation clearance (includes all ground level vegetation as well as standard trees and scrub) undertaken within the site is conducted outside of the breeding bird season (March – end August inclusive) or in accordance with checking surveys undertaken by appropriately qualified ecologists prior to and during the construction phase of the development.
It is also recommended that whilst fox do not receive a high level of legal protection, it is suggested that fox holes should be carefully dug out rather than filled in or bulldozed to consider the welfare of the animals and enable them to escape should they be present in the holes. Vixens and cubs are most reliant upon a breeding den during spring months therefore, vegetation clearance and infilling of the den should be avoided until later in the year, when cubs have weaned and left the den.
It is further recommended that any external lighting to be installed shall meet the guidance provided by the Institute of Lighting Engineers in their document “Guidance Notes for the Reduction of Light Pollution”, so as to avoid any adverse impact on habitats.
03
It is recommended that the development is designed and built to Secured by Design standards (www.securedbydesign.com). It is advised that:
• The entrances into the development should be marked, by two brick built piers or columns and by a rumble strip across the road surface, this will denote the change of public to semi-public space.
• A number of the house types have blank gable ends these would benefit from having windows in them to provide extra surveillance over the area.
• To prevent access to the rear of the properties a 1.8m high lockable gate should be used as near to the front building line as possible.
• Front and back entrances should be well lit, fitted with bulkhead style light above tamper height operating an LED bulb or similar on a dusk to dawn sensor and providing illumination the BS 5489.
• All front boundaries should be to a maximum height of 1 metre with any trees canopied to two metres.
• All rear boundaries should be 1.8m high to prevent access into rear gardens, and should be of a wooden close boarded construction. In addition, any garage doors should comply with LPS 1175 SR 2.
• For Swinden, Sitwell Houses and retained buildings the communal access doors should be to LPS 1175 SR 2 or better. All communal areas corridors and stairwells should be lit 24/7, although activation on movement sensor may be acceptable.
• Flat doors themselves must comply with PAS 24: 2016.
• I am aware that within the retained buildings there may be some conflict between the requirement for PAS 24: 2016 windows and the current glazing. This can be overcome with the use or addition of internal secondary glazing systems any number of which can be sourced from suppliers on the secure by design website – www.securedbydesign.co.uk.
04
Access for appliances should be in accordance with Approved Document B, Volume 1, part B5, Section 13.
05
Where necessary water supplies should be in accordance with Approved Document B, Volume 1 part, B5 section 14.
06
Subject to Section 55 of the South Yorkshire Act 1980, South Yorkshire Fire & Rescue now have pump appliances with a gross weight of 18 tonnes which is significantly heavier than indicated in ADB 1, section 13.
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.
08
Listed Building Consent would be required for any subsequent alterations to the listed and curtilage listed buildings which affect their special interests. This would include the attachment of satellite dishes, gas/electricity meter boxes, alarm boxes and other such devices. Please contact the Planning Service for further advice prior to attaching any such devices.
09
The proposed scheme will require three Traffic Regulation Orders for the waiting restrictions and one-way scheme. Please note that these Orders can take up to 12 months to process and it is recommended that the developer starts proceedings as soon as possible.
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.
|
