| 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 RB2022/1510 which is 17 August 2026
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 (as set out below)
Location Plan 22:5574:02 A
Site Layout Plan 4035-48-AWSM-XX-XX-DR-A-1020 S3 Rev P01
Site Layout Plan showing Section 106 Homes 4035-48-AWSN-XX-XX-DR-A-5200
S2 Rev P5
Bin and Cycle Stores Plan 22:5574:06 B
Garden Size Schedule 22:5574:03 F
Proposed Streetscenes 4035-48-AWSM-XX-XX-DR-A-320 P2
Proposed Streetscenes 4035-48-AWSM-XX-XX-DR-A-321 P3
Housetypes
4035-48-AWSM-XX-XX-D-A-200-S3-P03 - THC4 Semi Plots 38-39
4035-48-AWSM-XX-XX-D-A-201-S3-P1 - THC4 Terrace of 3 Plots 15-17, 18-20, 29- 31, 32-34 & 35-37
4035-48-AWSM-XX-XX-D-A-202-S3-P03 - THC4 Terrace of 4 Plots 21-24
4035-48-AWSM-XX-XX-D-A-203-S3-P03 - THC4 Terrace of 4 Plots 25-28
4035-48-AWSM-XX-XX-D-A-204-S3-P03 - THC8 Terrace of 3 Plots 12-14, 40-42 & 43-45
4035-48-AWSM-XX-XX-D-A-205-S3-P1 - THC10 Semi-Detached Plots 102-103, 104-105, 109-110 & 111-112
4035-48-AWSM-XX-XX-D-A-206-S3-P1 - THC10 Terrace of 3 Plots 106-108 & 113-115
4035-48-AWSM-XX-XX-D-A-207-S3-P1 - THC11 Semi-Detached Plots 10-11, 91, 92, 116-117, 121-122 & 123-124
4035-48-AWSM-XX-XX-D-A-208-S3-P1 - THC11 Semi-Detached Plots 93-94, 98-99 & 100-101
4035-48-AWSM-XX-XX-D-A-209-S3-P1 - THC11 Terrace of 3 Plots 7-9
4035-48-AWSM-XX-XX-D-A-210-S3-P1 - THC11 Terrace of 3 Plots 118-120
4035-48-AWSM-XX-XX-D-A-211-S3-P03 - THC11 Terrace of 4 Plots 1-4, 87-90 & 146-149
4035-48-AWSM-XX-XX-D-A-212-S3-P03 - THC11 Terrace of 4 Plots 46-49
4035-48-AWSM-XX-XX-D-A-213-S3-P04 - THC11 Terrace of 4 Plots 54-57
4035-48-AWSM-XX-XX-D-A-214-S3-P03 - THC11 Terrace of 5 Plots 125-129
4035-48-AWSM-XX-XX-D-A-215-S3-P03 - THC11 Terrace of 5 Plots 82-86
4035-48-AWSM-XX-XX-D-A-216-S3-P1 - THC12 Semi-Detached Plots 5-6
4035-48-AWSM-XX-XX-D-A-217-S3-P1 - THC12 Terrace of 3 Plots 95-97
4035-48-AWSM-XX-XX-D-A-218-S3-P05 - THC12 Terrace of 4 Plots 50-53
4035-48-AWSM-XX-XX-D-A-219-S3-P3 - THGA2 4-Storey Apartments Plots 58-65, 66-73, 74-81, 130-137 & 138-145
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the development hereby approved shall be in accordance with the approved details in DOC application RB2025/0982.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design.
04
The boundary treatment at the site shall be provided in accordance with the approved details in DOC application RB2025/0982.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design.
TRANSPORTATION/SUSTAINABILITY
05
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 to encourage drivers to
make use of the parking spaces and to ensure that the use of the land for this
purpose will not give rise to the deposit of mud and other extraneous material on the
public highway in the interests of the adequate drainage of the site and road safety.
06
Before the development is brought into use the car parking area shown on the Site Layout Plan 4035-48-AWSM-XX-XX-DR-A-1020 S3 Rev P01 plan 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.
07
Before the development is commenced road sections, constructional and drainage
details shall be submitted to and approved by the Local Planning Authority, and the
approved details shall be implemented before the development is completed.
Reason
No details having been submitted they are reserved for approval.
08
The Electric Vehicle Charging Points shown on the approved Site Layout Plan
4035-48-AWSM-XX-XX-DR-A-1020 S3 Rev P01 shall be provided for each dwelling/car parking space prior to the occupation of each dwelling or each car parking space being brought into use.
Reason
To promote sustainability in accordance with the Local Plan and the NPPF.
DRAINAGE
09
The development hereby granted shall not be occupied until details of the surface
water and all related works necessary to drain the site have been submitted to and
approved by the Local Planning Authority. These works shall be carried out
concurrently with the development and the drainage system shall be operating to the
satisfaction of the Local Planning Authority prior to the occupation of the
development.
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.
10
A Sustainable Drainage System (SuDS) is the Local Planning Authorities preferred
option. If a SUDS option is not proposed a detailed explanation of any alternative
option and reasons for rejecting a SuDS solution will be required to be submitted
and approved by the Local Planning Authority.
Reason
To comply with current planning legislation - National Planning Policy Framework.
11
No building hereby permitted shall be occupied until the sustainable drainage
scheme for the site has been completed in accordance with the submitted details.
The sustainable drainage scheme shall be designed, managed and maintained in
accordance with the Non-statutory technical standards and local standards
Reason
To comply with current planning legislation - National Planning Policy Framework
12
Foul drainage from the site shall be discharged to a cesspool, details of which shall
be submitted to and approved by the Local Planning Authority prior to the commencement of any works on the site.
Reason
To ensure that details of the required cesspool are approved by the Local Planning
Authority prior to the commencement of any works on the site.
13
All surface water run off from the site, except roof water, shall be discharged to the
public surface water sewer/land drainage system or Highway Drain via a suitable
oil/petrol/grit interceptor. Details of these arrangements shall be approved by the
Local Planning Authority prior to the commencement of the development and they
shall be fully operational before the site is brought into use.
Reason
To avoid pollution of the public sewer and land drainage system.
GROUNDWATER/CONTAMINATION AND GROUND CONDITION
14
Prior to construction, a Detailed Design Report for Gas Mitigation Measures shall be
submitted to and approved by the Local Planning Authority this shall provide details
of the identified gas protection measures required for all new builds, complete with
drawings to show how the gas protection measures will fit into the overall building
designs. The approved details shall be implemented on site.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and the National Planning Policy Framework.
15
Post construction, a Gas Verification Report shall be submitted to and approved by
the Local Planning Authority for each building to confirm that the measures
constructed/installed meet the required standards. Inspection reports for each
plot shall be submitted to the Local Planning Authority for review and comment.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and the National Planning Policy Framework.
16
Elevated soluble sulphate concentrations have been recorded within the made
ground and natural ground across the site. Sulphate precautions comprising DS-2
and AC-2 are to be incorporated into any concrete in contact with the made
ground/natural ground. Confirmation of the use of the design sulphate classes shall
be included within a Verification Report to be submitted to and approved by the
Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and the National Planning Policy Framework.
17
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 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 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 of the National Planning Policy Framework.
18
Post construction, if subsoil/topsoil is required to be imported to site for gardens or
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.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and the National Planning Policy Framework.
19
Following completion of any required remedial/ground preparation works a
Verification Report shall be submitted to and approved by the Local Authority. The
Verification 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 Verification 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 verification data has been approved by the
Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and of the National Planning Policy Framework.
20
The development shall be undertaken in compliance with the Geo-technical and
Geo- environmental recommendations and mitigation requirements set out in the
RSK Waverley Urban Village (BtR) Skip Load Testing Letter ref 3503512/LO1/jh
dated 30th Sept 2022 unless otherwise approved in writing by the Local Planning
Authority.
Reason
In the interests of ensuring safety and sustainability
ENVIRONMENTAL
21
Trickle ventilation with a minimum specification of 36dB Dn,e,w shall be installed to
the facades of habitable rooms on the northern boundary as indicated on, and in
accordance with paragraph 4.24 and figure 4.1 of the noise assessment for
Waverley Central dated 30th September 2022 project no: 2221319.
Reason
To safeguard the amenities of the occupiers of the development in accordance with
Part 15 of the NPPF and RMBC Policy SP52
LANDSCAPING & ECOLOGY
22
The development shall be completed in accordance with the recommendations in
the Ecological Recommendations of the Landscape Strategy, dated 29.09.22
prepared by PWP Design. All the recommendations shall be implemented in full
according to the specified timescales, unless otherwise agreed in writing by the
LPA, and thereafter permanently retained.
Reason
In the interest of biodiversity at the site in accordance with Policy CS20 Biodiversity
and Geodiversity and guidance contained within the NPPF.
23
Notwithstanding the submitted details, before above ground works commence
details of external / internal lighting shall be submitted to and approved in writing by
the Local Planning Authority. The details shall clearly demonstrate that lighting will
not cause excessive light pollution or disturb or prevent bats or other species using
key corridors, foraging habitat features or accessing roost sites. The details shall
include, but not limited to, the following:
a) A drawing showing sensitive areas and/or dark corridor safeguarding areas;
b) Technical description, design or specification of external lighting to be
installed including shields, cowls or blinds where appropriate;
c) A description of the luminosity of lights and their light colour;
d) A drawing(s) showing the location and where appropriate the elevation and
height of the light fixings;
e) Methods to control lighting control (e.g. timer operation, passive infrared
sensor (PIR));
f) Lighting contour plans both horizontal and vertical where appropriate and
taking into account hard landscaping, etc.
All external/internal lighting shall be installed in accordance with the specifications
and locations set out in the approved details. These shall be maintained thereafter in
accordance with these details. Under no circumstances shall any other external
lighting be installed
Reason
In the interest of biodiversity at the site in accordance with Policy CS20 Biodiversity
and Geodiversity and guidance contained within the NPPF.
24
Prior to any above ground development taking a detailed landscape scheme for plot
landscaping 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 for the lifetime of
the development 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 Policies CS19 Green Infrastructure,
CS21 Landscapes and SP32 Green Infrastructure and Landscapes and guidance contained within the NPPF.
25
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 Policies CS19 Green Infrastructure,
CS21 Landscapes and SP32 Green Infrastructure and Landscapes and guidance contained within the NPPF.
26
A landscape management plan, including long term design objectives, management.
responsibilities and maintenance schedules for all landscape and public realm 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.
Note: 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.
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 Policies CS19 Green Infrastructure,
CS21 Landscapes and SP32 Green Infrastructure and Landscapes and guidance contained within the NPPF.
27
Prior to first occupation, a detailed hard and soft landscape scheme for the Public
Open Space areas including Stephenson Way Highway access within the
development shall be submitted to, and approved in writing by, the Local Planning
Authority. These details shall be prepared to a minimum scale of 1:200. The scheme
shall clearly identify the following as appropriate:
Hard Landscape elements:
Existing and proposed finished levels or contours
Means of enclosure
Other vehicle and pedestrian access and circulation areas
Hard surfacing materials
Minor artefacts and structures (e.g. furniture, play equipment, refuse or other
storage units, signs, lighting)
Proposed and existing functional services above and below ground (e.g.
drainage, power, communication cables, pipelines, inspection chambers, etc)
Highway visibility requirements
Retained existing site features and proposals for restoration, where relevant.
Soft landscape details shall include:
Planting plans
Written specifications (including ground preparation, cultivation and other
operations associated with plant and grass establishment)
Schedules of plants, noting species, planting sizes and proposed numbers /
densities or planting distances
An implementation programme.
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 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 Policies CS19 Green Infrastructure,
CS21 Landscapes and SP32 Green Infrastructure and Landscapes and guidance contained within the NPPF.
28
The window(s) on the side elevation of Plot 149 facing south west shall be obscurely glazed and fitted with glass to a minimum industry standard of Level 3 obscured glazing and be non-openable, unless the part(s) of the window(s) which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The window(s) shall be permanently retained in that condition thereafter.
Reason
In the interests of the amenities of the occupiers of adjoining properties.
Informatives
01
The Coal Authority
Mine Gas It should be noted that wherever coal resources or coal mine features
exist there is the potential for mine gases to exist. These risks should always be
considered by the LPA. The Planning & Development Team at the Coal Authority, in
its role of statutory consultee in the planning process, only comments on gas issues
if our data indicates that gas emissions have been recorded on the site. However,
the absence of such a comment should not be interpreted to imply that there are no
gas risks present. Whether or not specific emissions have been noted by the Coal
Authority, local planning authorities should seek their own technical advice on the
gas hazards that may exist, and appropriate measures to be implemented, from
technically competent personnel.
SuDS Where SuDS are proposed as part of the development scheme consideration
will need to be given to the implications of this in relation to the stability and public
safety risks posed by coal mining legacy. The developer should seek their own
advice from a technically competent person to ensure that a proper assessment has
been made of the potential interaction between hydrology, the proposed drainage
system and ground stability, including the implications this may have for any mine
workings which may be present beneath the site.
02
Drainage Informatives:
In order to discharge conditions (drainage details), the applicant is advised that they
would be expected to submit information including but not limited to the following:
NB if the below information is needed as part of the consideration of the
application it needs to be placed in the comments box.
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.
5. Surface Water Discharge From Greenfield Site:
The total surface water discharge from greenfield sites should be limited to green
field run- off rates - up to 1 in 100 years storm + climate change. On site surface
water attenuation will be required.
If the greenfield run-off for a site is calculated at less than 2 l/s/ha then a minimum of
2 l/s can be used (subject to approval from the LPA)
6. 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.
7. If infiltration systems are to be used for surface water disposal, the following
information must be provided:
Ground percolation tests to BRE 365.
Ground water levels records. Minimum 1m clearance from maximum
seasonal groundwater level to base of infiltration compound. This should
include assessment of relevant groundwater borehole records, maps and onsite monitoring in wells.
Soil / rock descriptions in accordance with BS EN ISO 14688-1:2002 or BS
EN ISO 14689-1:2003
Volume design calculations to 1-in 100-year rainfall + 40% climate change
standard. An appropriate factor of safety should be applied to the design in
accordance with CIRIA C753 Table 25.2.
Location plans indicating position (Soakaways serving more than one
property must be located in an accessible position for maintenance).
Soakaways should not be used within 5m of buildings or the highway or any
other structure.
Drawing details including sizes and material.
Details of a sedimentation chamber (silt trap) upstream of the inlet should be
included.
Soakaway detailed design guidance is given in CIRIA Report 753, CIRIA Report 156
and BRE Digest 365.
8. Watercourse consent may be required by the applicant from RMBC Flood
Risk Team OR the Local Internal Drainage Board for any works on the watercourses
adjacent to / crossing the site.
9. Written evidence is required from the LLFA / sewerage undertaker / Internal
Drainage Board / Environment Agency to confirm any adoption agreements and
discharge rates.
10. A Flood Risk Assessment (FRA) should be provided for the proposed
development site, in accordance with the NPPF. Where the site is at risk of flooding
(Fluvial and Pluvial), details of place of refuge/evacuation should be considered and
sign up to the Environment Agency Flood Warning Service.
11. No part of the proposed development shall be constructed within 5-8m of an
ordinary watercourse and a minimum 3 m for a culverted watercourse (increases
with size of culvert)
12. All Micro Drainage calculations and results must be submitted in .MDX
format, to the LPA. (Other methods of drainage calculations are acceptable)
13. Any SuDS/Drainage system installed must not be at the detriment to the
receiving watercourse or ground (infiltration), so manging the quality of the run-off to
must be incorporated into any design in accordance with CIRIA 753 The SuDS
Manual The design of flow control devices should, wherever practicable, include the
following features:
a) Flow controls may be static (such as vortex flow controls or fixed orifice
plates) or variable (such as pistons or slide valves);
b) Controls should have a minimum opening size of 100 mm chamber, or
equivalent;
c) A bypass should be included with a surface operated penstock or valve; and
d) Access should be provided to the upstream and downstream sections of a
flow control device to allow maintenance.
14. For major developments, the LPA is required to ensure there are suitable
ongoing maintenance arrangements over the lifetime of the development (see NPPF)
Options for SuDS adoption and maintenance include:
a) Adoption by Water and Sewerage Company (WSC) - The developer may
enter into a section 104 agreement (Water Industry Act 1991) with the local
WSC.
b) Private Maintenance Arrangement.
Provide all drainage management and maintenance plans for the lifetime of the
development, which shall include the arrangements for adoption by any public
authority or statutory undertaker and any other arrangements to secure the
operation of the scheme throughout its lifetime (e.g. signed Section 104 agreement).
15. Whereby a private maintenance arrangement is proposed and the
development is unlikely to remain under single ownership or within a single curtilage
over its lifetime a condition will require a satisfactory legal agreement to be drawn up
to provide for inspection and maintenance of the proposed surface water drainage
scheme. This legal agreement is required BEFORE the first occupation of any
dwelling or building on the site. Over the lifetime of the development an agreement
must include the following:
a) A detailed operational maintenance plan;
b) Physical access arrangements for maintenance, and establishment of legal
rights of access in perpetuity, prior to the commencement of any phase of the
development;
c) A financial revenue plan clearly setting out how funding for maintenance is to
be raised over the lifetime of the development;
d) A whole life cost analysis for capital maintenance over the lifetime of the
development. Any values should be based on the current HM Treasury
Present Value (PV) Discount Rate. Assumptions about the expected useful
life of materials should be included in any such analysis; and
e) Details of financial surety to ensure long-term maintenance and capital
maintenance costs of apparatus. It is for the developer to demonstrate that a
suitable financial underwriting arrangement is in place.
03
Lighting
Guidance regarding lighting issues can be found in the Guidance Note 08/18: Bats
and artificial lighting in the UK (Institute of Lighting Professionals, 2018).
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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