| 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 before development can start. Conditions numbered 03 and 06 of this permission require matters to be approved before development works begin; however, in this instance the conditions are 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 conditions numbers 03 and 06 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
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
Drawing numbers 12038596/02/2025, 12038596/03/2025, 12038596/04/2025, 12038596/05/2025 Received 7 February 2025.
Reason
To define the permission and for the avoidance of doubt.
03
Prior to the commencement of development, details of surface water run off from the site, except roof water, shall be submitted to and approved by the Local Planning Authority. The run-off shall be discharged to the public surface water sewer/land drainage system or Highway Drain via a suitable oil/petrol/grit interceptor, and the approved details shall be fully operational before the site is brought into use.
Reason
To avoid pollution of the public sewer and land drainage system.
04
During development works a qualified and experienced consultant/engineer shall be present during all excavation works associated with the tank removal to observe and record any evidence of contamination.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework.
05
If during development works unexpected significant contamination is found to be present at the site, then no further development shall be carried out until a remediation strategy has been submitted to and approved by the local planning authority. Works thereafter shall be carried out in accordance with the approved Remediation Strategy. This is to ensure that the identified contamination will not present significant risks to human health and the environment.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework.
06
Prior to development works commencing a spill response and containment plan shall be submitted to the Local Authority for approval. The approved plan shall be adhered to throughout the duration of the tank removal and installation process.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework.
07
Following completion of works, a Verification Report demonstrating that the removal and replacement of tanks was carried out safely and that no significant contamination remains shall be submitted to and approved by the Local Authority. It shall be evidenced that all waste materials, including residual liquids and tank materials, shall be deposed of to an appropriately licensed Waste Disposal Facility.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework.
Informatives
Drainage Informatives
01
Flood resilience should be duly considered in the design of the development. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BRE Good Building Guide 84
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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