| Conditions / Reason for Refusal: |
01
The development hereby permitted shall be commenced before the expiration of
three years from the date of the original permission, being 27 August 2027.
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 -
• Location Plan PL_001
• Phases 1 Proposed Site layout 11604-PL_003-B
• Phase 1 Landscape General Arrangement PL_021
• Phase 1 Unit 1 Ground Floor Plan 11604-PL_100-A
• Phase 1 Unit 1 First Floor Plan 11604-PL_101-A
• Phase 1 Unit 1 Roof Plan 11604-PL_103-B
• Phase 1 Unit 1 East-West Elevations 11604-PL_104-B
• Phase 1 Unit 1 North-South Elevations 11604-PL_105-B
• Phase 1 Unit 1 West – South Elevations 11604-FE_105-P4
• Phase 2 Proposed Site Layout 11604-PL_004-C
• Phase 2 Unit 1 Ground Floor Plan 11604-PL_200-A
• Phase 2 Unit 1 First Floor Plan 11604-PL_201-A
• Phase 2 Unit 1 Second Floor Plan 11604-PL_202-A
• Phase 2 Unit 1 Roof Plan 11604-PL_203-A
• Phase 2 Unit 1 East-West Elevation 11604-PL_204-A
• Phase 2 Unit 1 North-South Elevation 11604-PL_205-A
• Phase 2 Unit 1 Ground Floor Plan PL_200-A
• Phase 2 Landscape General Arrangement 11604-PL_020--P2
• Phase 2 Levels Plan PL_005
• Substation Details C991443
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided in the
submitted Design and Access Statement and in the email from the agent dated 13/02/2024. 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.
04
No above ground development shall take place until there has been submitted to and
approved in writing by the Local Planning Authority a plan indicating the positions,
design, materials and type of any new boundary treatment to be erected. The boundary treatment shall be completed before the development is brought into use.
Reason
In the interests of the visual amenity of the area and in accordance with Local Plan
policies.
05
No part of the land other than that occupied by buildings shall be used for the storage of goods, components, parts, waste materials or equipment without the prior written approval of the Local Planning Authority.
Reason
To prevent the land from becoming unsightly in the interests of visual amenity and in
accordance with Local Plan Policies
HIGHWAYS
06
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 in the interests of the
adequate drainage of the site, road safety and residential amenity and in accordance
with the Local Plan.
07
Before the development is brought into use the car parking area shown on the
approved plan shall be provided, marked out and thereafter maintained for car
parking.
Reason
In the interests of highway safety.
08
No above ground development for Phase 2 shall be commenced until details of the proposed alterations in the highway at the ‘redundant’ vehicle access to the site, indicated on plan reference Proposed Site Layout – Phase 2 - 11604-PL_004-C dated 17th March 2025, have been submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the development is brought into use.
Reason
In the interests of highway safety.
09
The Electric Vehicle Charging Points shown on the approved site plans shall be
provided prior to the Phase 2 development being brought into use.
Reason
In the interests of sustainable development and air quality
10
Details of web-enabled screen/screens to be located in areas of the building that are
convenient for employees and visitors to display real-time travel information of
forthcoming bus departures (in this case services calling at stops 35118 and 35109)
along with a timetable for implementation shall be submitted to and approved by the
Local Planning Authority. The approved details shall be implemented on site in line
with the approved timetable.
Reason
To promote sustainable modes of travel
11
Materials to be imported/exported to and from the site shall be done so in accordance with the details approved in application RB2024/1336.
Reason
In the interest of highway safety and the amenity of adjacent occupiers
LANDSCAPE & TREES
12
Prior to any above ground development taking place for each phase a detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
• The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
• The extent of any changes to existing ground levels, where these are proposed.
• Any constraints in the form of existing or proposed site services, or visibility requirements.
• Areas of structural and ornamental planting that are to be carried out.
• The positions, design, materials and type of any boundary treatment to be erected.
• A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances.
• A written specification for ground preparation and soft landscape works.
• The programme for implementation.
• Written details of the responsibility for ongoing maintenance and a schedule of operations.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in accordance with the appropriate standards and codes of practice within a timescale agreed, in writing, by the Local Planning Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the
interests of amenity and in accordance with Local Plan policies.
13
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 and in accordance with Local Plan Policies
14
Evidence shall be submitted prior to the occupation of each Phase to the Local Planning Authority to show that the development is being carried out in accordance with the approved method statement and tree protection plan (dated 23rd November 2023). This could include a written record of the project arboriculturist site visits and/or a set of photos of the detailed tree protection fencing in place throughout the construction duration of each phase of the development.
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 accordance with
Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19:
Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape,
Policy CS28 Sustainable Design.
BIODIVERSITY
15
The Biodiversity Enhancements approved in application RB2024/1342 shall be implemented, retained and maintained for their designed purpose on site in accordance with the approved timings.
Reason
In the interest of Biodiversity of the site.
16
All ecological measures and/or works shall be carried out in accordance with the
details contained in [ External Lighting Proposals, Shepherd Brombely Partnership]
and [November 2023] before the development is brought into use.
Reason
In the interest of Biodiversity of the site.
DRAINANGE
17
The development hereby permitted shall be carried out in strict accordance with the details submitted as follows:
• 2023-014-R02 P02 – Flood Risk Assessment Addendum
• S-52-005 – Drainage Layout Phase 1_ Rev P02
• S-52-002 - Drainage Layout Phase 2_Rev P03 (as previously consented under ref RB2024/1334)
• S-52-010 - Typical Drainage Details Sheet 1 of 3_Rev P01 (as previously consented under ref RB2024/1334)
• S-52-011 - Typical Drainage Details Sheet 2 of 3_Rev P01 (as previously consented under ref RB2024/1334)
• S-52-012 - Typical Drainage Details Sheet 3 of 3_Rev P01 (as previously consented under ref RB2024/1334)
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that
full details thereof are approved by the Local Planning Authority before any works
begin and in accordance with Policy CS25 of the Local Plan.
18
Unless otherwise approved in writing by the Local Planning Authority, there shall be
no piped discharge of surface water from the development prior to the completion of
the approved surface water drainage works and no buildings shall be occupied or
brought into use prior to completion of the approved foul drainage works.
Reason
To ensure that no foul or surface water discharge take place until proper provision
has been made for their disposal in accordance with CS24 of the Local Plan
19
All surface water run off shall captured within the site and discharged to suitable
sewers/soakaways to ensure there is no flooding to adjacent land or buildings.
Reason
In the interest of the amenity of the adjacent occupiers
LAND CONTAMINATION
20
The development hereby permitted shall be carried out in strict accordance with the Site Investigation Works approved in application RB2024/1407.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and Section 15 of the National Planning Policy Framework.
21
The development hereby permitted shall be carried out in strict accordance with the Remediation Statement approved in application RB2024/1407.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and Section 15 of the National Planning Policy Framework.
22
If during development works unexpected significant contamination is encountered,
works shall cease and 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 Planning 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 the identified contamination will not
present significant risks to human health or the environment.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and Section 15 of the National Planning Policy Framework.
23
If subsoil/topsoil is required to be imported to site for use in any areas of soft
landscaping, then these soils will need to be tested at a rate and frequency to be
agreed with the Local Planning 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 the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and Section 15 of the National Planning Policy Framework.
24
The development hereby permitted shall be carried out in strict accordance with the Validation Report approved in application RB2024/1407.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and Section 15 of the National Planning Policy Framework.
LOCAL LABOUR AGREEMENTS
25
The approved Local Labour Agreement for the construction phase of the development approved in application RB2024/1310 shall be implemented on site and within 3 months of completion of the approved development data shall be submitted to the Local Planning Authority demonstrating how the indicators were met.
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’
26
The approved Local Labour Agreement for the operational phase of the development approved in application RB2024/1310 shall be implemented on site. 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’
BREEAM
27
Within 6 months of Operation of Phase 2 a BREEAM certificate confirming the scheme has achieved “Very Good” shall been submitted to and agreed, in writing, by the Local Planning Authority.
Reason
To achieve a sustainable form of development in accordance with Policy SP57
‘Sustainable Construction’ and the NPPF
COMMUNICATION
28
Before the Phase 2 development is brought into use details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, including a timescale for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason
In accordance with Local Plan Policy SP61 Telecommunications and Chapter 10 of
the NPPF
CONSTRUCTION PHASE
29
During the Construction Phase, except in case of emergency, no construction
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 construction working on Sundays or Public Holidays. At times when
construction operations are not permitted construction 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.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and part 15 of the NPPF
30
All machinery and vehicles employed on the site associated with construction works
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 Code of Practice: 'Noise Control on Construction and Open
Sites’.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and part 15 of the NPPF
31
At all times during the carrying out of construction 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.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and part 15 of the NPPF
32
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 construction 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.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and part 15 of the NPPF
33
During excavation/construction works all spoil/excavated material shall be kept with
site boundary and there is no overspill or run off onto neighbouring premises.
Reason
In the interest of the amenity of adjacent occupiers.
Informatives
01
Highways
You will appreciate that these works will require an Agreement under S278
Highways Act, 1980 and involve the provision of a new kerb line / footway in the
turning head and extension of the existing yellow line marking to cover the extent of
the turning head. Contact with David Phillips via david.phillips@rotherham.gov.uk
should be made as soon as is practical, in order to commence the s278 process
02
Drainage
Flood resilience should be duly considered in the design of the new building/s or
renovation. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BRE
Good Building Guide 84. Records show the site is located in an Environment Agency
Flood Zone 1.
In order to discharge Condition 18, 19 & 20 (drainage details), the applicant is
advised that they would be expected to submit information including but not limited to
the following:
Surface water drainage plans should include the following:
? Rainwater pipes, gullies and drainage channels including cover levels.
? Inspection chambers, manholes and silt traps including cover and invert levels.
? Pipe sizes, pipe materials, gradients and flow directions.
? Soakaways, including size and material.
? Typical inspection chamber / soakaway / silt trap and SW attenuation details.
? Site ground levels and finished floor levels.
Surface Water Discharge From Brownfield Site: There should be no increase in
surface water discharge from the site to existing sewers / watercourses. On site
surface water attenuation will therefore be required if drained areas to existing
sewers / watercourses are to be increased. A 30% net reduction to existing peak
discharge (up to a 1/100 yr storm + 40% CC) will be required if the site is being re-developed. A full justification will be required where the development cannot achieve
the 30% betterment on the existing run-off rate.
On Site Surface Water Management: The site is required to accommodate rainfall
volumes up to 1 in 100 year return period (plus climate change) whilst ensuring no
flooding to buildings or adjacent land.
The applicant will need to provide details and calculations including any below
ground storage, overflow paths (flood routes), surface detention and infiltration areas
etc. to demonstrate how the 100 year + 40% CC rainfall volumes will be controlled
and accommodated.
Where cellular storage is proposed and is within areas where it may be susceptible
to damage by excavation by other utility contractors, warning signage should be
provided to inform of its presence. Cellular storage and infiltration systems should
not be positioned within highway.
Guidance on flood pathways can be found in BS EN 752.
03
Wildlife Legislation
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.
Guidance regarding lighting issues can be found in the ‘Guidance Note 08/23:
Bats and Artificial Lighting At Night’ Institute of Lighting Professionals, 2023.
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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