| 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 08, 11 15, 16, 17, 19 and 24 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 08, 11 15, 16, 17, 19 and 24 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
056_100_10 – Location Plan
056_100_05 Rev C – Site Layout
056_100_06 Rev C – Boundary Treatment Plan
056_100_07 Rev A – Street scenes
056_100_09 Rev A – Roof Plan
056_200_01 Rev D – Type A
056_200_02 Rev B – Type B
056_200_03 Rev E – Type C
056_200_04 Rev C – Type D
R/2916/1B – Landscape Masterplan
49829 XX XX DR C 0002 P05 – Drainage Strategy
Reason
To define the permission and for the avoidance of doubt.
03
Prior to 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
04
Prior to each dwelling being brought into use the boundary treatment detailed on drawing number 056_100_06 Rev C shall be completed and thereafter retained.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
Affordable Housing
05
The development shall provide 100% affordable housing across the site.
Reason
In the interests of securing affordable housing.
Highways
06
Prior to the commencement of works above ground level, details of the 2no existing vehicle accesses to the site (on Tenter Street), one that will require reinstating to a full height kerb with appropriate footway works, and the widening of the second access to facilitate access to the site existing footway, in addition to the investigation of a no waiting at any time restriction on Tenter Street, shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented prior to the occupation of the first dwelling.
Reason
In the interests of highway safety.
07
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.
08
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
No details have been provided.
09
Prior to the first dwelling being occupied a Travel Pack shall be produced in the form of an introduction pack to the area with information on buses, trains, cycle and walking routes, local facilities such as schools, doctor’s surgeries and other local facilities (shops, parks etc.) and 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
In order to promote sustainable transport choices.
Air Quality and Emissions
10
The development shall be completed in accordance with the approved electric vehicle charging details shown on plan ref: 056_100_05 Rev C and retained in perpetuity. Each dwelling shall not be occupied until the charging point is provided.
Reason
In the interests of sustainable development and air quality in accordance with the Local Plan and the NPPF.
Construction Environment Management Plan
11
Prior to any works commencing on site a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP 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 2009: ‘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
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage / loading / unloading of materials / plant areas
o Car Parking facilities for construction staff
o Delivery times of materials and plant
o Reference to how the development will legally take access from the adjacent highway i.e. s278 or s184 agreement
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o 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
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
General Amenity
12
All installed glazing and ventilation shall meet the minimum noise reduction criteria for each plot as specified in Section 4.1 (Internal Noise Amenity) and as shown in Appendix 3 of the Noise Impact Assessment undertaken by Environmental Noise Solutions Ltd, dated 25th September 2025 (Ref: NIA-12251-25-12500-v2 Tenter Street, Rotherham).
Reason
To safeguard the amenities of the occupiers of the proposed development.
13
Prior to occupation, a ventilation scheme for rooms where windows need to be kept closed to prevent excessive noise levels (Plots 18-20) shall be submitted to and approved in writing by the Local Planning Authority.
It is recommended that the Acoustics, Ventilation and Overheating Assessment Guide is referred to before the ventilation scheme is submitted.
The ventilation scheme shall provide the following information:
• Identify which rooms referenced back to the approved Noise Impact Assessment undertaken by Environmental Noise Solutions Ltd, dated 25th September 2025 (Ref: NIA-12251-25-12500-v2 Tenter Street, Rotherham) require a ventilation system.
• The acoustic specification of the proposed ventilation system demonstrating that when operated it will not cause indoor noise target levels to be exceeded.
• The ventilation Scheme must demonstrate how habitable rooms shall be provided with sufficient ventilation to help control thermal comfort and avoid over heating during hot weather without the need to open windows.
All works which form part of the approved scheme shall be completed prior to occupation of the dwellings and retained thereafter.
Reason
To safeguard the amenities of the occupiers of the proposed development.
14
Acoustic barriers shall be installed to the boundaries of properties, at the height and locations specified in Section 4.1 (External Noise Amenity), 4.2 (Commercial Noise) and Appendix 3 of the Noise Impact Assessment undertaken by Environmental Noise Solutions Ltd, dated 25th September 2025 (Ref: NIA-12251-25-12500-v2 Tenter Street, Rotherham). The acoustic barriers shall be imperforate and have a minimum mass of 10kg/m2. The acoustic barriers shall be fully sealed to the ground at the base and shall be designed so that gaps do not open between panels or at the base due to weathering over the lifespan of the barriers. The acoustic barriers shall be maintained in good order throughout the duration of the consent so as to ensure its continued effectiveness.
Reason
To safeguard the amenities of the occupiers of the proposed development.
Ecology
15
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.
16
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.
17
No dwelling hereby approved shall be occupied until:
1) the habitat creation and enhancement works set out in the approved Habitat Management and Monitoring Plan (the HMMP) have been completed; and
2) a completion report, evidencing the completed habitat enhancements, has been submitted to, and approved in writing by the Local Planning Authority.
The created and / or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP.
Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP.
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.
18
Notwithstanding the submitted details, prior to the commencement of above ground works a Biodiversity Mitigation Scheme (BMS) shall be submitted to and approved in writing by the Local Planning Authority. The BMS will set out the type, location and number (to be installed within 100% of dwellings) of integral bat and bird boxes and hedgehog access points to be located within the proposal site.
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.
19
No development shall take place (including vegetation/site clearance) until a Precautionary Working Method Statement (PWMS) for small mammals and amphibians has been submitted to and approved in writing by the Local Planning Authority. The PWMS will be completed by a suitably qualified ecologist and the approved PWMS shall be implemented in full according to the specified timescales, unless otherwise agreed in writing by the Local Planning Authority.
Reason
In order not to disturb any protected species and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
Drainage
20
The development shall be carried out in accordance with the details shown on the submitted plan ref: 49829-ECE-XX-XX-DR-C-0002 (rev P05), prepared by Eastwood.
Reason
In the interest of satisfactory and sustainable drainage.
Land Contamination
21
If virgin material, subsoil/topsoil materials are required to be imported to site for remedial works, then these materials will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination and will not present a risk to future users of the site and the environment.
Reason
To ensure the safe occupation of the site.
22
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 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.
23
Following completion of any required remedial/ground preparation works a Verification Report should be forwarded to the Local Authority for review and comment. 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 Authority.
Reason
To ensure the safe occupation of the site.
Local Labour Agreement (Construction phase)
24
Prior to the commencement of development, the attached Local labour Agreement pro forma for the construction phase of the development shall be completed in its entirety and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved Agreement and within 3 months of completion of the approved development, data shall be submitted to the Local Planning Authority demonstrating how the indicators were met.
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’.
Waste Management
25
Prior to the development being first occupied a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
• information on the amount and type of waste that will be generated from the site;
• measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
• an assessment of the potential to re-use or adapt existing buildings on the site (if demolished it must explain why it is not possible to retain them);
• design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
• measures to minimise the use of raw materials and minimise pollution of any waste;
• details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
• construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
• details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
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.
Informative(s)
01
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.
02
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.
03
If a protected species (such as any bat, amphibian, small mammal or any nesting bird) is discovered using a feature on site that would be affected by the development or related works all activity which might affect the species at the locality should cease. You should then seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works. This action is necessary to avoid possible prosecution and ensure compliance with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended), the Protection of Badgers Act 1992 and the Wild Mammals Act 1996. This advice note should be passed on to any persons or contractors carrying out the development/works.
04
Great Crested Newts (European Protected Species)
There is a low risk that Great Crested Newt (GCN) may be present at the application site. The Local Planning Authority considers it would be unreasonable to require the applicant to submit a survey because this could be considered disproportionate to the scale and the likely impacts of the development. However, the application site lies within a green impact zone as per the modelled district level licence map, which indicates that there is suitable habitat for GCN within the area surrounding the application site. Therefore, anyone undertaking this development should be aware that GCN and their resting places are protected at all times by The Conservation of Habitats and Species Regulations 2017 (as amended) and the Wildlife and Countryside Act 1981 (as amended). Planning permission for development does not provide a defence against prosecution under this legislation or substitute the need to obtain a protected species licence if an offence is likely. If GCN are discovered during site preparation, enabling or construction phases, then all works must stop until the advice of a professional/suitably qualified ecologist and Natural England is obtained, including the need for a licence. The following recommendations are provided to further reduce the likelihood of impacts on this species:
• Any trenches left overnight should be covered or provided with ramps to prevent GCN from becoming trapped;
• Any building materials such as bricks, stone etc. should be stored on pallets to discourage GCN from using them as shelter; and
• Any demolition materials should be stored in skips or similar containers rather than in piles on ground.
05
If a bat or evidence of the presence of bats is discovered on site 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. This action is necessary to avoid possible prosecution and ensure compliance with the Wildlife & Countryside Act 1981 (as amended), The Conservation of Habitats and Species Regulations 2017.
06
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.
07
It is recommended that the development is designed and built to Secured by Design www.securedbydesign.com by incorporating the following:
Defensible Space
Each dwelling should have a front boundary to a height of one metre to allow for visible surveillance into and from the dwellings in question.
Boundary Treatment
All rear gardens should be secured with a min 1.8m high fence.
A 1.8m lockable gate should be fitted as close to the front boundary line as possible to secure the rear of the dwellings.
Surveillance
Any landscaping and front boundaries should be kept low at no more than one metre high and any trees to have no foliage below 2m to aid natural surveillance. Positioning of trees should be careful not to mask any Lighting Column’s.
Lighting
All external paths and car parking areas should be well lit with an LED lighting scheme to standard BS5489 with no dark areas.
All front and rear doors should be lit with a wall mounted luminaire to provide lighting in line with standard BS5489 which should operate on a dusk to dawn sensor and spread the light downward.
Security of Dwellings
In line with SBD standards, all front / rear doors and ground floor windows should comply with PAS 24:2022.
08
Cadent Gas Ltd own and operate the gas infrastructure within the area of your development. There may be a legal interest (easements and other rights) in the land that restrict activity in proximity to Cadent assets in private land. The applicant must ensure that the proposed works do not infringe on legal rights of access and or restrictive covenants that exist.
If buildings or structures are proposed directly above the apparatus the development may only take place following diversion of the apparatus. The applicant should apply online to have apparatus diverted in advance of any works, by visiting cadentgas.com/our-services/gas-diversions
Prior to carrying out works, including the construction of access points, please register on www.linesearchbeforeudig.co.uk to submit details of the planned works for review, ensuring requirements are adhered to.
Cadent may have a Deed of Easement on the pipeline, which provides us with a right of access for a number of functions and prevents change to existing ground levels, storage of materials. It also prevents the erection of permanent/temporary buildings, or structures. If necessary Cadent will take action to legally enforce the terms of the easement.
This letter does not constitute any formal agreement or consent for any proposed development work either generally or related to Cadent’s easements or other rights, or any planning or building regulations applications.
Cadent Gas Ltd or their agents, servants or contractors do not accept any liability for any losses arising under or in connection with this information. This limit on liability applies to all and any claims in contract, tort (including negligence), misrepresentation (excluding fraudulent misrepresentation), breach of statutory duty or otherwise. This limit on liability does not exclude or restrict liability where prohibited by the law nor does it supersede the express terms of any related agreements.
If you need any further information or have any questions about the outcome, please contact us at plantprotection@cadentgas.com or on 0800 688 588.
09
Ground Investigations and groundworks
Under the Coal Industry Act 1994 any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Mining Remediation Authority since these activities can have serious public health and safety implications. Such activities could include site investigation boreholes, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.
Failure to obtain permission to enter or disturb our property will result in the potential for court action. Application forms for Mining Remediation Authority permission and further guidance can be obtained from: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property.
10
Requirement for Incidental Coal Agreements
If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required from the Mining Remediation Authority. Further information regarding Incidental Coal Agreements can be found at:
www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-applicants-for-incidental-coal-agreements.
11
Shallow coal seams
In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities.
12
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.
13
Please note that if the drainage strategy (ref: 49829-ECE-XX-XX-DR-C-0002 (rev P05) hereby approved involves discharging to a public sewer, a Section 106 drainage agreement will be required with the Council’s Drainage Section.
14
With regard to the Memorandum of Understanding that is required to be agreed with Highways for amendments to the footway along the site frontage, i.e. new vehicle access, removal of redundant vehicle access and the provision of a TRO for waiting restrictions, please contact my colleague David Phillips via david.phillips@rotherham.gov.uk as soon as the permission is granted to commence the relevant procedure.
15
With regard to condition 8 this will require technical highway details to be agreed via a s278 application to Highways. The condition cannot be discharged and therefore work cannot commence until the s278 works have been agreed. Please contact my colleague Rob Stazi via rob.stazi@rotherham.gov.uk as soon as the permission is granted to commence the relevant procedure.
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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