| 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 7, 12, 18, 21 and 33 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 condition numbers 7, 12, 18, 21 and 33 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.’
General
01
The development hereby permitted shall be commenced before the expiration of three years from the date of the original permission (RB2024/0033), being (08/08/2027).
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
3572_01 RCA 10 XX DR A 0901 rev P1 – Location Plan
24812-BSB-00-XX-DR-A-0101 rev C7 – Site Layout
49248-ECE-XX-XX-DR-C-0150 rev P02 – External Works
3572_01 RCA 10 XX DR A 0909 rev P3 – Site Sections
3572_01-PEV-10-00-DR-E-6000 rev P06 – EV Charging Plan
49248-ECE-XX-XX-DR-C-0130 rev P01 - Proposed Drainage Masterplan
3572_01-PEV-10-XX-DR-C-0011 rev P03 – Proposed Geometrical Layout Plan
24812-BSB-00-XX-DR-A-0203 rev C4 – 1041 2B4P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0204 rev C3 – 1041 2B4P Sections and Roof Layout
24811-BSB-00-XX-DR-A-0205 rev C5 – 1010 2B4P Floor Plans
24812-BSB-00-XX-DR-A-0205 rev C4 – 1200 4B7P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0206 rev C3 – 1200 4B7P Sections and Roof Layout
24811-BSB-00-XX-DR-A-0206 rev C4 – 1010 2B4P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0207 rev C4 – 1061 4B8P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0208 rev C3 – 1061 4B8P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0209 rev C4 – 1090 3B5P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0210 rev C3 – 1090 3B5P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0211 rev C4 – 1101 4B6P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0212 rev C3 – 1101 4B6P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0213 rev C5 – 1042 2B4P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0214 rev C3 – 1042 2B4P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0215 rev C4 – 1060 4B8P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0216 rev C4 – 1060 4B8P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0217 rev C5 – 1091 3B5P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0218 rev C4 – 1091 3B5P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0225 rev C1 – Bin Store
230984-PEV-10-XX-DR-L-4001 rev P06– Landscape Design Plan
R/2848/1 – Landscape Masterplan
R/2848/2 – Landscape Details
Reason
To define the permission and for the avoidance of doubt.
03
Prior to works commencing above ground level details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to the Local Planning Authority or samples of the materials shall be left on site, and the development shall thereafter be carried out in accordance with the approved details/samples.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
Prior to construction works commencing above ground level a plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved by the Local Planning Authority. The approved boundary treatment shall be completed before each dwelling is first occupied.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
Affordable Housing
05
The development shall provide 100% affordable housing across the site.
Reason
In the interests of securing affordable housing.
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 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.
07
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
No details having been submitted they are reserved for approval.
08
The development shall not be commenced above ground level until details of the proposed alterations on Linden Grove which incorporate the removal of the existing layby to form a widened footway, as indicated in draft form on plan reference 24812-BSB-00-XX-DR-A-0101 rev C7, 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.
NB. You will appreciate that these works will require an Agreement under S278 Highways Act, 1980 or Memorandum of Understanding and involve the provision of new kerbline and footway on Linden Grove.
Reason
In the interests of highway safety.
09
Prior to construction works commencing above ground level, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.
Reason
In order to promote sustainable transport choices.
10
Before the development is brought into use the car parking area (for the apartments) shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory parking spaces and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
Air Quality and Emissions
11
The development shall be completed in accordance with the approved electric vehicle charging details shown on plan ref: 3572_01-PEV-10-00-DR-E-6000 rev P06 and retained in perpetuity. Each dwelling shall not be occupied until the charging point is provided.
Reason
In the interests of sustainable development and air quality in accordance with the Local Plan and the NPPF.
Construction Environment Management Plan
12
Prior to any works commencing on site a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below:
• Program and Phasing Details
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage / loading / unloading of materials / plant areas
o Car Parking facilities for construction staff
o Delivery times of materials and plant
o Reference to how the development will legally take access from the adjacent highway i.e. s278 or s184 agreement
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site
• Waste Management
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
General Amenity
13
Installed glazing and ventilation shall meet the criteria for noise reduction as specified in Appendix III, Figures 4 & 5 of the Residential Planning Noise Assessment by Dice Environmental Acoustics, dated 11th December 2023 (Ref: 101199-R02 (Version 1)).
Reason
To safeguard the amenities of the future occupiers of the proposed development.
14
All rear gardens areas shall be provided with 1.8m, standard, close boarded timber fencing to the boundary.
Reason
To safeguard the amenities of the future occupiers of the proposed development.
15
No noise generating external fixed plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The details shall include a BS4142:2014+A1:2019 noise assessment and 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures to achieve a combined Rating Level of noise from all such equipment of no more than 3dB(A) below the prevailing Background Sound Levels, when measured at the nearest noise sensitive receptors. ‘Rating Level’ and ‘Background Sound Level’ are as defined in BS 4142:2014+A1:2019.
Reason
To safeguard the amenities of the future occupiers of the proposed development.
Ecology
16
No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to 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.
17
Notwithstanding the submitted details, before above ground works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes and nesting opportunities for birds, shall be submitted to and agreed in writing with the Local Planning Authority. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
The scheme shall include, but not limited to, the following details:
i. Description, design or specification of the type of feature(s) or measure(s) to be undertaken;
ii. Materials and construction to ensure long lifespan of the feature/measure
iii. A drawing(s) showing the location and where appropriate the elevation of the features or measures to be installed or undertaken.
iv. When the features or measures will be installed within the construction, occupation, or phase of the development.
Reason
In the interests of biodiversity and ecology.
18
Prior to the commencement of development details of a scheme to provide 3.01 units of a Biodiversity Net Gain on land owned by the applicant, including details of ongoing management / maintenance, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented within a timeframe to be agreed.
Reason
In the interests of biodiversity and ecology.
Landscapes
19
Landscaping of the site as shown on the approved plan (FDA Landscape Drawing nos. R/2848/1 and R/2848/2) shall be carried out during the first available planting season after commencement of the development and thereafter maintained for the lifetime of the development.
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.
20
A Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public open space areas shall be submitted to and approved by the Local Planning Authority prior to the completion or first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Trees
21
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until all existing hedgerows and trees to be retained are protected in accordance with the details contained within the ‘Arboricultural Impact Assessment & Method Statement’ dated 21 March 2025, prepared by All About Trees and shown on drawing AIA &AMSTPP rev A.
All tree protection methods detailed in the approved report 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.
22
A suitable scheme of proposed on-site tree planting and pits shall be submitted to and approved by the Local Planning Authority before works commence above ground level.
The scheme shall include the following comprehensive details of all trees to be planted:
• A scaled plan showing the locations of the new trees (existing trees must also be shown)
• The species and stock size.
• Include details confirming the planting intended to mitigate the tree losses detailed in the AIA.
• An assessment of suitability of planting location
• Actions taken to mitigate any foreseeable issues i.e. the use of root barriers/deflectors, flexi-paving, appropriate species selection, structured soils, foundations, etc.
• Proposals should be in accordance with British Standard 8545:2014 - Trees: from Nursery to Independence.
• Five year post planting maintenance and inspection schedule.
The approved details shall be implemented within the first available planting season after the first dwelling is occupied.
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.
23
Prior to first occupation a Tree Replacement Strategy in line with the Tree Replacement Strategy email sent by Stantec on 01/08/2024 shall be submitted to and approved in writing by the Local Planning Authority. The Strategy shall include details of the following –
• Replacement Planting Plan to include -
- A site plan showing the outline and size of each tree planting location
- A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances, for each location
- Comprehensive details of ground/tree pit preparation to include:
- Plans detailing adequate soil volume provision to allow the trees to grow to maturity.
- Staking/tying and protection method(s).
- The programme for implementation.
- Five-year post planting maintenance and inspection schedule to include management of competing vegetation, replacement planting of failed trees, watering, checks and adjustments of tree support and protection and any formative pruning that would be beneficial.
• Ongoing Management and Maintenance of Replacement Planting Areas
The approved details within the Tree Replacement Strategy shall be implemented on site, and the areas shall be managed and maintained in accordance with the approved details.
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.
Land Contamination
24
Prior to above ground works commencing, a Phase II Intrusive Site Investigation should be undertaken to assess potential geotechnical issues and the geo-environmental conditions at the site to confirm the nature, presence and extent of potential contamination across the site and the risk it presents to human health. 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 works shall be conducted in line with guidance document ‘Land Contamination Risk Management’ (October 2020) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017).
Reason
To ensure the safe occupation of the site.
25
Prior to above ground works commencing and subject to the findings of condition 24 above, a Remediation Method Statement shall be provided and approved by this Local Authority prior to any remediation works commencing on site. 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 the safe occupation of the site.
26
If during development works unexpected significant contamination is encountered, 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.
Reason
To ensure the safe occupation of the site.
27
Subject to the findings of condition 24 and prior to construction, a Detailed Design Report for Gas Mitigation Measures will be provided for review and comment and shall provide details of the identified gas protection measures required for each new build, complete with drawings to show how the gas protection measures will fit into the overall building designs.
Reason
To ensure the safe occupation of the site.
28
Subject to the findings of condition 24 and post construction, installation of the gas protection measures is to be verified in accordance with the approved Detailed Design Report for Gas Mitigation Measures and a Verification report will be forwarded to this Local Authority for review and comment.
Reason
To ensure the safe occupation of the site.
29
If subsoil/topsoil is required to be imported to site for gardens and areas of soft landscaping, 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 the safe occupation of the site.
30
Following completion of any remedial/mitigation 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 the safe occupation of the site.
Drainage
31
The development shall be carried out in accordance with the details shown on the submitted plan, ‘Proposed Drainage Masterplan 49248-ECE-XX-XX-DR-C-0130 rev P01’ prepared by Eastwood Consultants, dated 17/03/2025.
Reason
In the interest of satisfactory and sustainable drainage.
Broadband
32
Prior to first occupation of a dwelling on this site, information relating to the availability of infrastructure to enable the provision of gigabit capable full fibre broadband should be submitted and approved by the LPA. If the necessary infrastructure is available to enable provision, 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.
Local Labour Agreement (Construction phase)
33
Prior to the commencement of development, the attached Local labour Agreement pro forma for the construction phase of the development shall be completed in its entirety and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved Agreement 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’.
Waste Management
34
Prior to the development being first occupied a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
• information on the amount and type of waste that will be generated from the site;
• measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
• an assessment of the potential to re-use or adapt existing buildings on the site (if demolished it must explain why it is not possible to retain them);
• design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
• measures to minimise the use of raw materials and minimise pollution of any waste;
• details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
• construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
• details on how the development will be monitored following its completion.
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.
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.
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.
03
In respect of the Landscape Management Strategy condition (no. 20), A Management Plan may be expected to set out, graphically and / or in writing, the overall functional and aesthetic objectives of a landscape scheme and the steps such as legal arrangements including ownership and management responsibilities, planned maintenance tasks, phased works, and monitoring procedures that will be taken after implementation to ensure that the scheme establishes successfully and is sustainable in the long-term.
04
It is recommended that the development adheres to the Secured by Design principles (www.securedbydesign.com). It is recommended that the following be considered:
Defensible Space
Each dwelling should have a front boundary to a height of 1 metre to allow for visible surveillance into and from the dwellings in question.
Boundary Treatment
All rear gardens should be secured with a min 1.8m high fence. A 1.8m lockable gate should be fitted as close the front boundary line as possible to secure the rear of the dwellings.
Surveillance
Any landscaping and front boundaries should be kept low at no more than 1 metre high and any trees to have no foliage below 2m to aid natural surveillance. Positioning of trees should be careful not to mask any Lighting Column’s.
Lighting
All external paths and car parking areas should be well lit with an LED lighting scheme to standard BS5489 with no dark areas. All front and rear doors should be lit with a wall mounted luminaire to provide lighting in line with standard BS5489 which should operate on a dusk to dawn sensor and spread the light downward.
Security of Dwellings
In line with SBD standards, all front / rear doors and ground floor windows should comply with PAS 24:2022.
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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