| 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 07, 09, 11 & 12 of this permission require matters to be approved before development works within the administrative boundary of Rotherham 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 07, 09, 11 & 12 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.
01
The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
• Site Plan Southern Route Sheet 22 of 26 BBMEXT-BH-UOS-XX-DWG-CIV-511334 Rev P01
• Site Plan Southern Route Sheet 23 of 26 BBMEXT-BH-UOS-XX-DWG-CIV-511335 Rev P01
• Site Plan Southern Route Sheet 24 of 26 BBMEXT-BH-UOS-XX-DWG-CIV-511336 Rev P01
• Site Plan Southern Route Sheet 25 of 26 BBMEXT-BH-UOS-XX-DWG-CIV-511337 Rev P01
• Site Plan Southern Route Sheet 26 of 26 BBMEXT-BH-UOS-XX-DWG-CIV-511338 Rev P01
• Location Plan Southern Route BMEXT-BH-XX-XX-DWG-CIV-511018 Rev P02
• Location Plan Europa Link Underpass 1203-EA-A-SK01-Rev A
• Sections 1203-EA-A-SK05 Rev E dated 06-02-26
• Underpass Entrance Plan 1203-EA-A-SK03 Rev D dated 04-02-26
• Elevations 1203-EA-A-SK04 Rev E dated 06-02-26
• GA Plan 1203-EA-A-SK02 Rev F dated 06-02-26
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 application form/shown on drawing no 1203–EA-A-SK08. 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 and in accordance with Core Strategy Policy CS28 Sustainable Design
04
A minimum width of 3.7 metres shall be maintained at all times for pedestrian /
cycle movements through the underpass.
Reason
In the interest of sustainable transport.
05
Prior to any above ground development taking place within the administrative boundary of Rotherham 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 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 Local Plan Policies
06
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
07
Prior to the commencement of any works being undertaken within the administrative boundary of Rotherham, a final, detailed Construction Environmental Management Plan (CEMP) shall be provided to the Local Planning Authority for approval. The plan 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 BS5228-1:2009+A1:2014: ‘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
- Site layout
- Operational hours
- Expected duration of demolition and construction work phases
• Site Management
- Contact details of site manager for public liaison purposes
- Complaints procedure
- Roles and responsibilities
• Routes for Construction Traffic
- Routes to be used for access onto site and egress
- One way systems
- Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
- Delivery access point details
- Location details of storage areas
- Delivery times of materials and plant
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Dust suppression measures -General and machinery
- Wheel wash facilities
- Road sweeping facilities
- Covering of dusty stockpiles
- Vehicles carrying dusty loads
- Dust monitoring
- Boundary checks
- Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery
- Mitigation measures for noisy operations
- Operational hours
- One way systems
- Vehicle reverse alarms
- Leaflet drops to noise sensitive premises
• Artificial Lighting
- Hours of operation of the lighting
- Location and specification of all of the luminaires
- Level of maintained average horizontal illuminance for the areas that needs to be
illuminated
- Predicted vertical illuminance that will be caused by the proposed lighting when
measured at windows of any properties in the vicinity
- 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
- Waste storage
- Waste collection
- Recycling
- Waste removal
Reason: To safeguard the amenities of the occupiers of nearby properties and promote
sustainable development in accordance with Part 15 of the NPPF and RMBC Policy SP52.
08
Prior to the development being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of any intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.
Reason
In order to ensure the safety and stability of the development, in accordance with the National Planning Policy Framework
09
No development shall commence within the administrative boundary of Rotherham until full details of on-site biodiversity enhancements have been submitted to and approved by the Local Planning Authority, unless otherwise approved such details shall provide for the level of biodiversity enhancement set out on the following drawings-
• Ecology, Arboriculture, Landscape Mitigation Detailed Mitigation Plan (15 of 15) 315 Rev C
• Ecology, Arboriculture, Landscape Mitigation Detailed Mitigation Plan (14 of 15) 314 Rev C
Thereafter the on-site biodiversity enhancement works shall be completed within
6 months from the completion of each part or phase of development. Any plants which
become diseased, damaged or otherwise fail within the first 5 years following planting
shall be replaced with the same specification of plant.
Reason
In the interest if biodiversity enhancement and in accordance with Local Plan Policies
10
No removal of hedgerows, trees, shrubs, brambles, ivy, other climbing plants or works to or demolition of buildings or structures that may be used by breeding birds 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 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 the interests of biodiversity.
11
No development shall take place (including demolition, ground works, vegetation
clearance) within the administrative boundary of Rotherham until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.
The CEMP (Biodiversity) shall include the following.
a) Risk assessment of potentially damaging construction activities.
b) Identification of “biodiversity protection zones”.
c) Practical measures (both physical measures and sensitive working practices) to
avoid or reduce impacts during construction (may be provided as a set of method
statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on
site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or
similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
Reason
In the interest of biodiversity and in accordance with Local Plan Policies.
12
No habitat creation on site shall commence within the administrative boundary of Rotherham until a [Habitat Management and Monitoring Plan (the HMMP)], prepared in accordance with the approved Biodiversity Gain Plan and including:
a) a non-technical summary;
b) the roles and responsibilities of the people or organisation(s) delivering the
[HMMP];
c) the planned habitat creation and enhancement works to create or improve
habitat to achieve the biodiversity net gain in accordance with the approved
Biodiversity Gain Plan;
d) the management measures to maintain habitat in accordance with the
approved Biodiversity Gain Plan for a period of 30 years from the completion
of development; and
e) the monitoring methodology and frequency in respect of the created or
enhanced habitat to be submitted to the Local Planning Authority, has been
submitted to, and approved in writing by, the Local Planning Authority.
Reason
In the interest of Biodiversity at the site to achieve Biodiversity Net Gain
13
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 the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan the National Planning Policy Framework.
14
If subsoil/topsoil is required to be imported to site for remedial works/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 which will need to be presented within a Validation Report.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan the National Planning Policy Framework.
Informatives
01
Biodiversity Net Gain
Unless an exception or a transitional arrangement applies1, the effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
(c) a development is phased and an Overall Biodiversity Gain Plan has been submitted to and approved by the planning authority before the development begins and a Phase Biodiversity Gain Plan for each phase has been submitted to and approved by the planning authority before the relevant phase begins.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan in respect of this permission would be Rotherham MBC. Failure to submit a Biodiversity Gain Plan prior to the commencement of development will lead to formal enforcement action being considered, which could be in the form of a Temporary Stop Notice (that will require all development on site to stop, for a period of 56 days).
Biodiversity Gain Plan
The biodiversity gain plan must include/accompanied by:
(a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;
(b) the pre-development biodiversity value of the onsite habitat;
(c) the post-development biodiversity value of the onsite habitat;
(d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development;
(e) any biodiversity credits purchased for the development;
(f) any information relating to irreplaceable habitat making up onsite habitat
(g) information about steps taken or to be taken to minimise any adverse effect of the development on, and arrangements for compensation for any impact the development has on the biodiversity of, any irreplaceable habitat4 present within the onsite baseline.
(h) any additional information requirements stipulated by the secretary of state.
The effect of section 73D of the Town and Country Planning Act 1990
If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission (“the earlier Biodiversity Gain Plan”) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
1. do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
2. in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
- Listed exemptions from Statutory BNG and transitional arrangements can be found at Biodiversity net gain: exempt developments - GOV.UK (www.gov.uk)
- The Statutory Biodiversity Gain Plan template can be found at https://www.gov.uk/government/publications/biodiversity-gain-plan
- Minimum legal requirements for the Biodiversity Gain plan can be found at https://www.legislation.gov.uk/ukpga/2021/30/schedule/14#:~:text=paragraph%2015).-,Biodiversity%20gain%20plan,-14
- Irreplaceable habitats for the purposed of Biodiversity Net Gain are defined by Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024. A full list of irreplaceable habitats can be found at https://www.legislation.gov.uk/uksi/2024/48/schedule/made
- Additional information required is outlined by Articles 37C(2) [Non Phased] 37C(4) [Phased] of The Town and Country Planning (Development Management Procedure) (England) Order 2015 and may be subject to the nature of your application https://www.legislation.gov.uk/uksi/2015/595#:~:text=Additional%20content%20of%20plan
- Where a Habitat Management and Monitoring Plan is required: https://publications.naturalengland.org.uk/publication/5813530037846016
02
This decision notice lists the approved plans relevant for development within the administrative boundary of Rotherham. As much of the overall scheme is within SCC, below is a list of the approved plans on their decision notice for the avoidance of doubt –
(published 31 July 2025)
Location Plans (Edward Architects);
1203_ EA-A-SK01-Abyssinia Bridge - Location Plan
1203_ EA-A-SK01-Broughton Lane Bridge - Location Plan
1203_EA-A-SK01A-Europa Link Underpass - Location Plan
Proposed Route Plans (Buro Happold):
Proposed Site Plan Northern Route sheet 1 of 15 BBMEXT-BH-NGH-XX-DWG-CIV-511121 P01
Proposed Site Plan Northern Route sheet 2 of 15 BBMEXT-BH-NGH-XX-DWG-CIV-511122 P01
Proposed Site Plan Northern Route sheet 3 of 15 BBMEXT-BH-NGH-XX-DWG-CIV-511123 P01
Proposed Site Plan Northern Route sheet 4 of 15 BBMEXT-BH-NGH-XX-DWG-CIV-511124 P01
Proposed Site Plan Northern Route sheet 5 of 15 BBMEXT-BH-NGH-XX-DWG-CIV-511125 P01
Proposed Site Plan Northern Route sheet 7 of 15 BBMEXT-BH-NGH-XX-DWG-CIV-511127 P01
Proposed Site Plan Northern Route sheet 8 of 15 BBMEXT-BH-NGH-XX-DWG-CIV-511128 P01
Proposed Site Plan Northern Route sheet 9 of 15 BBMEXT-BH-NGH-XX-DWG-CIV-511129 P01
Proposed Site Plan Northern Route sheet 10 of 15 BBMEXT-BH-NGH-XX-DWG-CIV511130 P01
Proposed Site Plan Northern Route sheet 11 of 15 BBMEXT-BH-NGH-XX-DWG-CIV511131 P01
Proposed Site Plan Northern Route sheet 13 of 15 BBMEXT-BH-NGH-XX-DWG-CIV-511133 P01
Proposed Site Plan Northern Route sheet 14 of 15 BBMEXT-BH-NGH-XX-DWG-CIV511134 P01
Proposed Site Plan Northern Route sheet 15 of 15 BBMEXT-BH-NGH-XX-DWG-CIV511135 P01
Proposed Site Plan Southern Route sheet 1 of 26 BBMEXT-BH-SCC-XX-DWG-CIV-511221 P01
Proposed Site Plan Southern Route sheet 2 of 26 BBMEXT-BH-SCC-XX-DWG-CIV-511222 P01
Proposed Site Plan Southern Route sheet 3 of 26 BBMEXT-BH-SCC-XX-DWG-CIV-511223 P01
Proposed Site Plan Southern Route sheet 4 of 26 BBMEXT-BH-SCC-XX-DWG-CIV-511224 P01
Proposed Site Plan Southern Route sheet 5 of 26 BBMEXT-BH-SCC-XX-DWG-CIV-511225 P01
Proposed Site Plan Southern Route sheet 6 of 26 BBMEXT-BH-SCC-XX-DWG-CIV-511226 P01
Proposed Site Plan Southern Route sheet 7 of 26 BBMEXT-BH-SCC-XX-DWG-CIV-511227 P01
Proposed Site Plan Southern Route sheet 8 of 26 BBMEXT-BH-SCC-XX-DWG-CIV-511228 P01
Proposed Site Plan Southern Route sheet 9 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511321 P01
Proposed Site Plan Southern Route sheet 10 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511322 P01
Proposed Site Plan Southern Route sheet 11 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511323 P01
Proposed Site Plan Southern Route sheet 12 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511324 P01
Proposed Site Plan Southern Route sheet 14 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511326 P01
Proposed Site Plan Southern Route sheet 15 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511327 P01
Proposed Site Plan Southern Route sheet 16 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511328 P01
Proposed Site Plan Southern Route sheet 17 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511329 P01
Proposed Site Plan Southern Route sheet 18 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511330 P01
Proposed Site Plan Southern Route sheet 19 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511331 P01
Proposed Site Plan Southern Route sheet 20 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511332 P01
Proposed Site Plan Southern Route sheet 21 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511333 P01
Proposed Site Plan Southern Route sheet 22 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511334 P01
Proposed Site Plan Southern Route sheet 23 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511335 P01
Proposed Site Plan Southern Route sheet 24 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511336 P01
Proposed Site Plan Southern Route sheet 25 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511337 P01
Proposed Site Plan Southern Route sheet 26 of 26 BBMEXT-BH-UOS-XX-DWG-CIV511338 P01
Proposed Elevations and Sections (Edward Architects):
Abyssinia Bridge
1203_ EA-A-SK02A-Abyssinia Bridge - Proposed Plans
1203_ EA-A-SK03A-Abyssinia Bridge - Proposed Elevations
1203_ EA-A-SK04A-Abyssinia Bridge - Proposed Sections
Europa Link Underpass (Published 9 February 2026)
1203_EA-A-SK02F-Europa Link Underpass_GA Plan
1203_EA-A-SK03D-Europa Link Underpass_Entrance Plan
1203_EA-A-SK04E-Europa Link Underpass_Elevations
1203_EA-A-SK05E-Europa Link Underpass_Sections
(published 15 October 2025)
LOCATION PLAN NORTHERN ROUTE - BBMEXT-BH-XX-XX-DWG-CIV-511017 P02
LOCATION PLAN SOUTHERN ROUTE - BBMEXT-BH-XX-XX-DWG-CIV-511018 P02
PROPOSED SITE PLAN NORTHERN ROUTE SHEET 06 OF 15 - BBMEXT-BH-NGH-XX-DWG-CIV-511126 P02
PROPOSED SITE PLAN NORTHERN ROUTE SHEET 12 OF 15 - BBMEXT-BH-NGH-XX-DWG-CIV-511132 P02
PROPOSED SITE PLAN SOUTHERN ROUTE SHEET 13 OF 26 - BBMEXT-BH-UOS-XX-DWG-CIV-511325 P02
(published 07 November 2025)
Sheffield District Heating Network Broughton Lane Bridge Bridge Plans – 1203-EA-A-SK02 Rev. B
Sheffield District Heating Network Broughton Lane Elevations – 1203-EA-A-SK03 Rev. B
Sheffield District Heating Network Broughton Lane Bridge Sections – 1203-EA-A-SK04 Rev. C
The proposals include a 2 metre micro siting tolerance for any buried pipes to allow for any adverse ground conditions or unknown utility infrastructure which may be encountered when construction starts, subject to the tree protection requirements in condition 4.
03
The applicant is advised that they will need to contact RMBC Streetpride subsequent to any planning permission being granted for the appropriate licenses etc for working in the public highway.
04
If a bat or evidence of bats using a feature on site is discovered prior to or during
development all work should stop immediately. A licensed bat consultant or Natural
England must be contacted and works implemented only in accordance with methods advised by them. This advice note should be provided to any persons/contractors carrying out the development along with the contact details of a relevant ecological consultant.
05
Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Mining Remediation Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure a suitable engineering design which takes account of all relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining Remediation Authority Policy in relation to new development and mine entries available at: Building on or within the influencing distance of mine entries - GOV.UK
06
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority’s website at: www.gov.uk/geta-permit-to-deal-with-a-coal-mine-on-your-property What is a permit and how to get one? - GOV.UK (www.gov.uk)
07
In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities.
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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