| Description: |
Application to vary conditions 02 (Approved plans), to include alterations to windows, front canopy, car port and installation of solar panels 03 (Materials), 04 (Drainage), 05 (Archaeology), 06 (Land contamination), 12 (EV charging) and 13 (Ecology) imposed by RB2024/1005 |
| Conditions / Reason for Refusal: |
01
The development hereby permitted shall be commenced before the expiration of three years from 20 May 2025
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 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)
Drawing numbers:423-5 Rev F, 423-8 Rev D, 423-10 Received 24 October 2025
Drawing numbers: 423-4 Rev H 423-7 Rev F Received 9 December 2025
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 submitted details being Birchover pitched faced walling stone and Santoft red (Flanders) clay interlocking pan tiles. 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.
04
The development hereby granted shall be constructed in accordance with submitted Drainage plans ref 423-1 Rev B and 423-4 Rev I and the submitted Percolation Tests. The 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 dwelling.
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.
05
The development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the local planning authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated
06
Post demolition works a limited Phase II Intrusive Site Investigation should be undertaken at the site to confirm the nature, presence and extent of potential contamination across the site. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be submitted to and approved in writing by the Local Planning Authority. The above works shall be conducted in line with guidance document ‘Land Contamination Risk Management’ (June 2025) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017)
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
07
No development shall take place where (following the risk assessment) land affected by contamination is found which poses risks identified as unacceptable in the risk assessment, until a detailed remediation scheme has been submitted to and approved in writing by the local planning authority. The approved remediation scheme shall be carried out in full and upon completion a Verification Report by a suitably qualified contaminated land practitioner shall be submitted to and approved in writing by the local planning authority before the development is occupied. The Verification Report shall include details of materials imported to site, copies of chemical analysis reports confirming materials brought to site are free from contamination and shall contain Waste Transfer notes if applicable
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework
08
Any contamination that is found during the course of construction of the development hereby permitted that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended until a risk assessment has been carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found, the development shall not resume or continue until remediation and verification schemes have been carried out in accordance with details that shall first have been submitted to and approved in writing 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 paragraph numbers 183 and 184 of the National Planning Policy Framework.
09
Minimum sound reduction performance requirements shall comply with those specified in table 6 of section 5.2 of the Environmental Noise Impact Assessment undertaken by NB Acoustics Limited, dated 13 November 2024 (Ref: 24059_01).
Reason
To safeguard the amenities of the occupiers of the proposed development in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
10
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. and retained thereafter
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.
11
All gates shall be hung so as not to encroach into the highway when open or being opened.
Reason
In the interests of highway safety
12
Prior to the occupation of the dwelling, the Electric Vehicle Charging connection point specified on the submitted application and shown on drawing 423-5 Rev F shall be provided, and it shall thereafter be retained.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
13
All ecological measures and/or works shall be carried out in accordance with the details contained in the revised Ecological Enhancement Plan received on 18 November 2025
Reason
In order to protect local wildlife and increase biodiversity on the site.
Informatives
01
INF 11A Control of working practices during construction phase (Close to residential)
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 by the following means;
a. Except in case of emergency, no operations 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.
b. All 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'.
c. At all times during the carrying out of 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. 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.
d. 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. 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.
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.
|
