Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2025/0945
Site Address: Land between Barnsley Road and Pontefract Road Brampton Bierlow 9999
Description: Application to vary numerous conditions to reflect amendments approved under S96a and to rationalise the conditions to take account of the passage of time since the original permission imposed by application RB2022/0295. This will include proposed amendments to condition 07 (pedestrian refuge)
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 08 July 2026
Decision Date: 08 July 2026
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Delegated (Part 2B)
Conditions / Reason for Refusal: 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 and as shown on the approved plans (as set out below) • Site Location Plan BRWM_A01_2 • Proposed Site Layout BRWM_A01_01 Rev AH • Landscape Masterplan R/2538/1E • BRWM-BT Boundary Treatment Rev 0 • POS Area Plan BRWM_A01_04_01 Rev A • Site Sections BRWM_A01_5 • Rear and Side Section BRWM_A01_14_05 • Phasing Plan BRWM_A01_01_08 Rev B House Types • Al_MA_End_R21G - 901 • Al_MA_End_R21G – 903 • Al_MA_Mid_R21G – 901 • Al_MA_Mid_R21G – 903 • Al_MA_ End_R21E – 901 • Al_MA_ End_R21E – 903 • Al_MA_ Mid_R21E – 901 • Al_MA_ Mid_R21E – 903 • Bw_MA_Det_R21G – 901 Rev C • Bw_MA_Det_R21G – 903 Rev B • Bw_MA_Det_R21E – 901 Rev C • Bw_MA_Det_R21E – 903 Rev B • Bw_MA_DT_Det_R21G – 901 Rev B • Bw_MA_DT_Det_R21G – 903 Rev A • Bw_MA_DT_Det_R21E – 901 Rev B • Bw_MA_DT_Det_R21E – 903 Rev A • Bt_MA_Det_R21G – 901 • Bt_MA_Det_R21G –903 • Bt_MA_Det_R21E –901 • Bt_MA_Det_R21E –903 • Bu_MA_Det_R21G –901 • Bu_MA_Det_R21G –903 • Bu_MA_Det_R21E –901 • Bu_MA_Det_R21E –903 • DB-WD11 • DB-WD16 • DB-WD11E • DB-WD16E • Da_MA_End_R21G –901 • Da_MA_End_R21G –903 Rev A • Da_MA_Mid_R21G –901 • Da_MA_Mid_R21G –903 Rev A • Da_MA_End_R21E –901 • Da_MA_End_R21E –903 Rev A • Da_MA_Mid_R21E –901 • Da_MA_Mid_R21E –903 Rev A • Dp_MA_End_R21G –901 • Dp_MA_End_R21G –903 Rev A • Dp_MA_End_R21E –901 • Dp_MA_End_R21E –903 Rev A • Ga_MA_DT_Det_R21G – 901 Rev B • Ga_MA_DT_Det_R21G – 903 Rev B • Ga_MA_DT_End_R21G – 901 Rev B • Ga_MA_DT_End_R21G – 903 Rev B • Ga_MA_DT_Det_R21E – 901 Rev B • Ga_MA_DT_Det_R21E – 903 Rev B • Ga_MA_DT_End_R21E – 901 Rev B • Ga_MA_DT_End_R21E – 903 Rev B • Ga_MA_Sem_R21G –901 Rev B • Ga_MA_Sem_R21G –903 Rev B • Ga_MA_Sem_R21E –901 Rev B • Ga_MA_Sem_R21E –903 Rev B • Gw_MA_Det_R21G –901 Rev B • Gw_MA_Det_R21G –903 • Gw_MA_Det_R21E –901 Rev B • Gw_MA_Det_R21E –903 • Hd_MA_End_R21G –901 • Hd_MA_End_R21G –903 • Hd_MA_Mid_R21G –901 • Hd_MA_Mid_R21G –903 • Hd_MA_End_R21E –901 • Hd_MA_End_R21E –903 • Hd_MA_Mid_R21E –901 • Hd_MA_Mid_R21E –903 • Ke_MA_End_R21G –901 Rev A • Ke_MA_End_R21G –903 • Ke_MA_End_R21E –901 Rev A • Ke_MA_End_R21E –903 • Kn_MA_DT_Det_R21G – 901 Rev A • Kn_MA_DT_Det_R21G – 903 Rev A • Kn_MA_DT_Det_R21E – 901 Rev A • Kn_MA_DT_Det_R21E – 903 Rev A • Ma_MA_Det_R21G –901 Rev A • Ma_MA_Det_R21G –903 Rev A • Ma_MA_Det_R21E –901 Rev A • Ma_MA_Det_R21E –903 Rev A • Re_MA_End_R21 RMBC - 901 • Re_MA_End_R21G –903 Rev A • Re_MA_Mid_R21 RMBC – 901 • Re_MA_Mid_R21G –903 Rev A • Re_MA_End_R21 RMBC - 901 • Re_MA_Mid_R21E –903 Rev A • Re_MA_End_R21E –903 Rev A • Se_MA_Det_R21G –901 Rev A • Se_MA_Det_R21G –903 Rev B • Se_MA_Det_R21E –901 Rev A • Se_MA_Det_R21E –903 Rev B • Sh_MA_Det_R21G –901 Rev A • Sh_MA_Det_R21G –903 Rev A • Sh_MA_Det_R21E –901 Rev A • Sh_MA_Det_R21E –903 Rev A • Ga1.1_MA_R21 902 Rev A • Ga2.1_MA_R21 901 Rev A • Ga2.2_MA_R21 901 Rev A Reason To define the permission and for the avoidance of doubt. 02 The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details on the approved Materials Plan Drawing No.BRWM_A01_06_01 Rev K or any subsequent details submitted to and approved in writing by the Local Planning Authority. Reason To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Local Plan Policy 03 The boundary treatments shall be provided on site in the locations shown on the approved site layout plan and in accordance with the Fence and Wall details on Drawing No. BRWM-BT Boundary Treatment Rev 0 or any subsequent details submitted to and approved by the Local Planning Authority. The approved boundary treatment shall be implemented prior to the occupation of each dwelling. Reason In the interests of the visual amenity of the area and in accordance with the Local Plan Policies. 04 The substations on site shall be constructed accordance with the approved details on Drawing C1065233 approved in application RB2023/0804 or any details subsequently submitted to and approved by the Local Planning Authority. Reason In the interests of the visual amenity of the area and in accordance with the Local Plan Policies. TRANSPORT AND SUSTAINABILITY 05 A dropped pedestrian crossing in Pontefract Road shall be constructed in accordance with 10194A HIGHWAY CONSTRUCTION SHEET 2, 22023-LE-ZZ-ZZ-DR-D-0101- Proposed Works - Pontefract Road - P01 _1_ and P1499 - D - 1001 Rev A - Pedestrian Construction Detail approved in application RB2023/0929 or any details subsequently submitted to and approved by the Local Planning Authority. The approved details shall be implemented prior to the occupation of the 150th dwelling. Reason In the interest of highway and pedestrian safety 06 As 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 and in accordance with Local Plan Policies. 07 Each dwelling shall not be occupied until the driveway or car parking area serving that dwelling has been fully laid out, surfaced and drained. These areas shall be retained for car parking for the lifetime of the development. 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. 08 Road sections, constructional and drainage details shall be constructed in accordance with the below details approved in application RB2023/0929 or any subsequently submitted to and approved by the Local Planning Authority – 10162G ENGINEERING LAYOUT 1 10163G ENGINEERING LAYOUT 2 10164G ENGINEERING LAYOUT 3 10176C KERBING DETAILS 1 10177C KERBING DETAILS 2 10184G S104 PLAN 1 10185G S104 PLAN 2 10186G S104 PLAN 3 10187B S38 PLAN 1 10188B S38 PLAN 2 10193A HIGHWAY CONSTRUCTION SHEET 1 10194A HIGHWAY CONSTRUCTION SHEET 2, The works shall be implemented prior to development being completed Reason No details having been submitted they are reserved for approval. 09 The development shall be carried out in accordance with the Construction Environmental Management Plan (CEMP) (ref: BRWM/CEMP Rev B 15.01.2025) approved in application RB2025/0167 or any details subsequently submitted to and approved by the Local Planning Authority. Reason In the interest of Highway Safety and to safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and part 15 of the NPPF. 10 The development shall be carried out in accordance with the Travel Pack information (ref: P1499 Brampton Vale Travel Guide 2024) approved under DOC application RB2024/1488 or any details subsequently submitted to and approved by the Local Planning Authority. The approved Travel Pack shall be provided for each new resident on first occupation of any dwelling. Reason To promote sustainable transport methods 11 The development shall be carried out in accordance with electric vehicle charging point details as shown on EV Charging Spec (Ref: APEX EV Charging Spec) and Energy Strategy Plan (Ref: BRWM_01_01_11 Energy Strategy Plan Rev E) approved under application RB2024/1488 or any details subsequently submitted to and approved by the Local Planning Authority. Each dwelling shall not be occupied until the charging point has been provided and it shall thereafter be retained. Reason In the interests of sustainable development and air quality LAND CONTAMINATION 12 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. 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. 13 The development shall be carried out in accordance with the Design Statement for Re-use of Site-won and Imported Soils (Ref. C8229D/10193/AMG) and the Topsoil Stockpile Sampling Letter Report (Ref: C8229D/AMG/10511) approved in application RB2024/0116 or any details subsequently submitted to and approved by the Local Planning 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. ECOLOGY 14 The development shall be carried out in accordance with the mitigation recommendations set out in Section 5 of the Preliminary Ecological Appraisal prepared by Quants Environmental, dated October 2021. Thereafter such measures shall be retained and maintained unless otherwise agreed with the Local Planning Authority. Reason In the interest of biodiversity enhancement. 15 The lighting onsite shall be installed in accordance with Lighting Plan (Ref: ASD-SL-NE-2021-22-040 Rev A) approved in application RB2024/1488 or any details subsequently submitted to and approved by the Local Planning Authority. The approved details shall be implemented prior to the lights being first switched on. Reason To minimise light pollution and reduce the impact on bats 16 The development shall be carried out in accordance with the Ecological Mitigation Strategy (Ref: 101.69 – Land off Barnsley Road, Rotherham) approved in application RB2023/0804 or any details subsequently submitted to and approved by the Local Planning Authority. The approved details shall be implemented in accordance with the approved CEMP showing phasing Ref BRWM_A01_08_01 Rev B. Reason In the interest of local ecology in accordance with the Local Plan and the NPPF LANDSCAPING AND TREES 17 The development shall be carried out in accordance with – R-2538-1G Landscape Masterplan R-2538-2A Landscape Details R-2538-3 Landscape Details R-2538-4 Landscape Details R-2538-5 Landscape Details R-2538-6 Landscape Details R-2538-7 Landscape Details R-2538-8 Landscape Details R-2538-9 Landscape Details R-2538-10 Landscape Details R-2538-11 Landscape Details R-2538-12 POS Masterplan and Details R-2538-13 POS Shrub Bed Details approved in application RB2023/0804 or any details subsequently submitted to and approved by the Local Planning Authority. Future maintenance/management of the scheme is implemented in line with submitted Landscape Management Document (Public Open Space) as amended dated July 2025 for the lifetime of the development, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme. 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 Policy. 18 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 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. 19 The development shall be constructed in accordance with a suitable Tree Monitoring Program. The tree monitoring program is to include: • Details of induction procedures for all personnel in relation to Arboricultural matters. • A detailed timetable of events for arboricultural supervision concerning all tree protection measures within the approved Tree Protection Plan, including: - Approved incursions into construction exclusion zones - Final removal of the tree protection measures • Procedures for dealing with non-approved incursions into the construction exclusion zones as detailed in the approved Arboricultural Method Statement. Within three months of first use of each phase 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 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. GREEN SPACES 20 The Local Equipped Area of Play (LEAP) and seating areas shall be implemented onsite in accordance with Drg No R-2538-14B POS LEAP as approved in RB2023/0804, or any details subsequently submitted to and approved by the Local Planning Authority. The LEAP shall be ready for first use prior to the occupation of the last unit of Phase 2 and thereafter retained and maintained. Reason In the interests of the amenity of the residents and in accordance with the Local Plan. GENERAL AMENITY 21 The development shall incorporate mitigation measures in relation to glazing and background trickle ventilation as identified in the Noise Report at 4.2 and shown on the site plan in Appendix C. Any gardens identified in Appendix C that are predicted to experience noise levels above 55 dB Laeq,T are to be provided with a 2 m tall acoustic barrier at the garden boundaries/fence line. The acoustic barrier must have a minimum mass per unit area is at least 10 kg/m2 (e.g. close-boarded timber or blockwork). Reason To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and parts 12 & 15 of the NPPF 22 The development shall incorporate ball stop mitigation as approved in DOC application RB2024/1488 – Ball Stop Mitigation Details May 2026, or any details subsequently submitted to and approved by the Local Planning Authority, after consultation with Sport England. The approved ball stop mitigation shall be installed in full before the first public access, or first occupation of a dwelling in Phase 2 as identified on Phasing Plan Ref BRWM_A01_08 Rev B and maintained on site for the lifetime of the development Reason In the interests of the visual amenity of the area and to provide protection for the occupants of the development from potential ball strike from the adjacent playing field LEVELS 23 Finished floor levels of the approved properties and gardens for Phases 1, 2 and 3 of the development shall be in accordance with the details approved in application RB2023/0929. Prior to any above ground development in Phase 4 of the development as shown on BRWM_A01_01_08 Rev B details of existing and proposed finished floor levels of the approved properties and gardens shall be submitted and approved in writing. The development shall be implemented in accordance with the approved levels. Reason For the avoidance of doubt and in the interests of the amenity of the existing residents adjoining the site in accordance with the Local Plan. DRAINAGE 24 The development shall be carried out in accordance with the details shown on the submitted plan, 'Flood Risk Assessment prepared by FORTEM, rev 4 dated 26/04/2022' unless otherwise agreed in writing with the Local Planning Authority. Reason In the interest of satisfactory and sustainable drainage 25 The development shall be carried out in accordance with 10404 S104 PLAN 1-1000 as approved in RB2024/1294 or any details subsequently submitted to and approved by the Local Planning Authority. These approved 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. WASTE MANAGEMENT PLAN 26 The development shall be carried out in accordance with Waste Management Plan Barnsley Road West Melton - WMP 19.09.24 as approved in RB2024/1488 or any details subsequently submitted to and approved by the Local Planning Authority 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. COMMUNICATION 27 The development shall incorporate measures to facilitate the provision of gigabit-capable full fibre broadband in accordance with Drg No 600 - Barnsley Road - Cable v2 as approved in RB2023/0804 or any details subsequently submitted to and approved by the Local Planning Authority Reason In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF ECONOMIC 28 The development shall be carried out in accordance with the approved agreement West Melton - Local Labour Agreement 26.03.2024 as approved in RB2023/0929 or any details subsequently submitted to and approved by the Local Planning Authority 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’ 32 All Air Source Heat Pumps to be provided on the site shall be in compliance with all relevant limitations and conditions in Class G, Part 14 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) and shall comply with the MCS Planning Standard Reason To safeguard the amenities of the existing occupiers of nearby properties and future occupiers of the site in accordance with Local Plan Policy SP52 and the NPPF. Informatives 01 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. 02 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. 03 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. 04 The applicant is advised that access for fire appliances should be in accordance with Building Regulations Approved Document B volume 1 part B5 section 13. Water supplies should be in accordance with Approved Document B, Volume 1, part B5, Section 14 However, 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 05 SY Police Architectural Liaison Officer states that the development should be built to Secured by Design standards. Www.securedbydesign.com 06 Yorkshire Water 1.) The submitted Flood Risk Assessment prepared by FORTEM, rev 4 dated 26/04/2022 is acceptable. In summary, the report states that a.) Foul water will discharge to public combined sewer in Barnsley Road to which Yorkshire Water has no objection too. B.) Surface water for the Western and Central Catchments is to discharge to shallow infiltration drainage c.) The site is remote from watercourse d.) Surface water from the Eastern Catchment and the Western and Central Catchment adoptable highway to discharge to the existing 225mm diameter highway drain in Barnsley Road restricted to 21 litres/second subject to Highway Authority requirements. 2.) On the Statutory Sewer Map, there is a 225 mm diameter public combined sewer and also an additional length of unmapped section of 225 mm diameter public combined sewer recorded to cross the site. It is essential that the presence of this infrastructure is taken into account in the design of the scheme. A.) In this instance, it would appear that the public sewer is unlikely to be affected by building-over proposals. 3.) If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he/she should contact our Developer Services Team (telephone 03451 208 482, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Code for Adoption - a design and construction guide for developers' as supplemented by Yorkshire Water's requirements. 07 Cadent Gas The Intermediate pressure gas pipeline has a minimum BPD ( building proximity distance of 3m ) no habitable building may be within 3m of the IP gas pipeline , Cadent will also have pipeline protection measures that will need adopting that will afford Cadent gas assets the required protections, all these measures will need to be accepted in their entirety, Cadent must be liaised with and consulted before any civils work commences as we will need to meet the developers and issue our restrictions for developing/working in the vicinity of the IP gas pipeline. 08 The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is also available on The Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority 09 Some of the works within the Highway will require the developer to enter into a S278 agreement with the Council, the applicant should contact david.phillips@rotherham.gov.uk in this regard 10 Longevity of Ecology Surveys A repeat walkover if development does not take place within a year of granting planning permission is advised. If there is evidence of change or the presence of protected species, then further surveys may be required. 11 With regard to condition 32 the attached document would need to be filled in and submitted with any discharge of condition application. The information would be sent to SFSY, again at hello@superfastsouthyorkshire.co.uk who will assess the information provided. 12 This development is not subject to the statutory Biodiversity Gain Plan condition because of the declaration on the application form that the outline permission was granted before 20 February 2020 and was exempt. 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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