| 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 and/or carried out before development can start. Conditions numbered 16, 18, 21 and 22 of this permission requires matters to be approved and/or carried out 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 conditions numbered 16, 18, 21 and 22 is 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, or matters carried out.’
General
01
The development hereby permitted shall be commenced before the expiration of three 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
Location Plan at scale 1:1250, received 26 September 2025
Block Plan at scale 1:500, received 12 May 2026
MS/94/25 – 02B – Elevation and Floor Plans
Reason
To define the permission and for the avoidance of doubt.
03
Prior to construction 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
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
Highways
04
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.
05
Before the development is brought into use the car parking area 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.
06
Construction works shall not be commenced until details of the proposed alterations in the highway (Effingham Street), indicated on plan reference MS/94/25 Rev B, have been submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the development is brought into use.
Reason
In the interests of road safety.
General Amenity
07
The site shall only operate between the hours of 08:00 and 18:00 Mondays to Fridays, 09:00 and 16:00 on Saturdays, and 11:00 and 16:00 on Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties.
08
No noise generating external fixed plant including mechanical ventilation, air conditioning / compressor units or extraction plant shall be installed 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, physical or operational to achieve a maximum cumulative plant Noise Rating Level of no more than 0dB(A) above the prevailing background levels, outside the boundary of the nearest noise sensitive property.
Reason
To safeguard the amenities of the occupiers of nearby properties.
09
Except in case of emergency, no demolition or construction works shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall be no working on Sundays or Public Holidays. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Planning Authority shall be notified at the earliest opportunity of the occurrence of any such emergency, and a schedule of essential work shall be provided.
Reason
To safeguard the amenities of the occupiers of nearby properties during the demolition and construction phase.
10
All demolition and construction machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in British Standard 5228 Code of Practice; 'Noise Control on Construction and Open Sites', and Minerals Planning Guidance Note 11 (1993) 'The Control of Noise at Surface Mineral Workings'.
Reason
To safeguard the amenities of the occupiers of nearby properties during the demolition and construction phase.
11
At all times during the carrying out of demolition and construction operations authorised or required under this permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption.
Reason
To safeguard the amenities of the occupiers of nearby properties during the demolition and construction phase.
12
Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site during the demolition and construction phase. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
Reason
To safeguard the amenities of the occupiers of nearby properties during the demolition and construction phase.
Drainage
13
The development shall be carried out in accordance with the details shown on the submitted plan, 'DRAINAGE TECHNICAL NOTE' 25760 prepared by Dart, dated July 2026.
Reason
In the interest of satisfactory and sustainable drainage.
14
The development shall be carried out in accordance with the submitted flood risk assessment by Dart Engineers Ltd, referenced 25760-FRA-001 Rev B and dated January 2026, and the following mitigation measures it details:
• Finished floor levels shall be set no lower than 27.60 metres above Ordnance Datum (mAOD)
• Flood resilience and resistance measures shall be included as detailed in the submitted Flood Risk Assessment section 3.1.3
• There shall be no built development within areas defined as Flood Zone 3b (Functional Flood Plain).
These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of development.
Reason
To reduce the risk of flooding to the proposed development and future occupants and to prevent flooding elsewhere.
15
Surface water from areas likely to receive petrol/oil contamination (e.g. vehicle parking areas) shall be passed through effective oil/grit interceptors prior to discharge to any sewer or watercourse.
Reason
To prevent pollution of any watercourse.
Trees
16
Prior to the commencement of any development, including demolition works, a plan and schedule identifying the existing riverside trees to be retained and any pruning works necessary to facilitate the development shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall also identify appropriate measures for protecting retained trees during demolition and construction. All approved pruning works shall be undertaken in accordance with BS3998:2010 Tree Work – Recommendations, and the approved tree protection measures shall be implemented before works commence and maintained throughout the construction period.
Reason
To safeguard existing riverside trees and their associated amenity and ecological value during the development, in accordance with relevant local planning policies.
Ecology
17
All mitigation measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (April 2026) already submitted with the planning application and agreed in principle with the local planning authority prior to determination.
Reason
To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended, and s40 of the NERC Act 2006.
18
No development shall take place (including demolition, ground works, vegetation clearance) 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 (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
To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended, and s40 of the NERC Act 2006 (Priority habitats & species).
19
Prior to any construction works taking place above slab level, a Biodiversity Enhancement Strategy for protected and Priority species shall be submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following:
a) Purpose and conservation objectives for the proposed enhancement measures
b) detailed designs or product descriptions to achieve stated objectives;
c) locations, orientations, and heights of proposed enhancement measures by appropriate maps and plans;
d) persons responsible for implementing the enhancement measures;
e) details of initial aftercare and long-term maintenance (where relevant).
The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.
Reason
To enhance protected and Priority species & habitats and allow the LPA to discharge its duties under the NPPF (August 2026) and s40 of the NERC Act 2006 (Priority habitats & species).
20
Prior to any external lighting being installed on the building or at the site, a lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting plans, drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.
All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.
Reason
To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (Priority habitats & species).
21
No development shall commence on site until:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The details shall be implemented in accordance with the timescales set out in the approved Biodiversity Gain Plan.
For guidance on the contents of the Biodiversity Gain Plan that must be submitted
and agreed by the Council prior to the commencement of the consented development please see the link: Submit a biodiversity gain plan -GOV.UK (www.gov.uk)
Reason
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), to ensure Biodiversity Net Gain.
22
The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan has been submitted to, and approved in writing by, the local planning authority 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.
Notice in writing shall be given to the Council when the HMMP works have started.
Reason
To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.
Informative(s)
01
SY Police note that local Crime Figures are quite high and recommend the following measures are incorporated to mitigate the risk of crime at the premises:
Surveillance
CCTV is not mentioned but it would be beneficial for a CCTV security system to be installed on site.
Lighting
Public realm lighting should be compliant with BS 5489, also all lighting within the communal areas of the office section should operate 24/7
Security of Development
All external doors and windows must meet one of the following:
PAS 24:2022
LPS 1175 SR 2
STS 201 or STS 202 BR2
More information can be found at www.securedbydesign.com
All ground floor glazing should comply with standard P1A, this would of course include the glazed sales / reception area.
The Car Park should be well lit with no dark areas to lighting standard BS5489 any landscape should be kept low to aid surveillance.
Lighting design should be co-ordinated with a CCTV installation and the landscape design to avoid any conflicts and to ensure that the lighting is sufficient to support a CCTV system. Light fittings should be protected where vulnerable to vandalism
Any Bin stores must be lockable to prevent attempted arson attacks.
02
The applicant has agreed to the provision of a continuous footway along the site frontage to facilitate access to the site. This will require the applicant to enter into a s278 legal agreement. The applicant should contact Dave Phillips david.phillips@rotherham.gov.uk as soon as is practical following any approvals granted.
03
You will appreciate that these works will require an Agreement under S278 Highways Act, 1980 and involve the provision of a continuous footway with vehicular dropped kerbs.
04
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 minimising dust and preventing mud, dust and other materials being deposited on the highway.
05
The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required.
06
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.
07
Measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved should be carried out, please see attached Informative Note in this respect.
08
Signing up for flood warnings
The applicant/occupants should phone Floodline on 0345 988 1188 to register for a flood warning, or visit Sign up for flood warnings - GOV.UK. It is a free service that provides warnings of flooding from rivers, the sea and groundwater, direct by telephone, email, or text message. Anyone can sign up.
Flood warnings can give people valuable time to prepare for flooding – time that allows them to move themselves, their families, and precious items to safety. Flood warnings can also save lives and enable the emergency services to prepare and help communities.
• For practical advice on preparing for a flood, visit Prepare for flooding: Protect yourself from future flooding - GOV.UK.
• To get help during a flood, visit What to do before or during a flood - GOV.UK.
• For advice on what do after a flood, visit What to do after a flood - GOV.UK.
09
Environmental permit – Flood risk activities - advice to applicant
The Environmental Permitting (England and Wales) Regulations 2016 require a permit or exemption to be obtained for any of the following activities:
• erecting any temporary or permanent structure in, over or under a main river, such as a culvert, outfall, weir, dam, pipe crossing, erosion protection, scaffolding or bridge
• altering, repairing or maintaining any temporary or permanent structure in, over or under a main river, where the work could affect the flow of water in the river or affect any drainage work
• building or altering any permanent or temporary structure designed to contain or divert flood waters from a main river
• dredging, raising or removing any material from a main river, including when you are intending to improve flow in the river or use the materials removed
• diverting or impounding the flow of water or changing the level of water in a main river
• quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
• any activity within 8 metres of the bank of a main river, or 16 metres if it is a tidal main river
• any activity within 8 metres of any flood defence structure or culvert on a main river, or 16 metres on a tidal river
• any activity within 16 metres of a sea defence structure
• activities carried out on the floodplain of a main river, more than 8 metres from the river bank, culvert or flood defence structure (or 16 metres if it is a tidal main river), if you do not have planning permission (you do not need permission to build agricultural hay stacks, straw stacks or manure clamps in these places)
For further guidance please visit Flood risk activities: environmental permits - GOV.UK or contact our National Customer Contact Centre on 03708 506 506 (Monday to Friday, 8am to 6pm) or by emailing enquiries@environment-agency.gov.uk.
The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.
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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