| Conditions / Reason for Refusal: |
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 site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below)
(Drawing numbers
Location plan 2025-156 01
Location and block plan 105/69 01
Site Plan revised 2025-156 01 Rev A
Elevations plot 1 2025-156 02
Elevations plot 2 2025-156 03
Elevations plot 3 2025-156 04
Site sections 2025-156 07
Received 19.01.26, 16.02.26 and 03.03.26
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
03
No above ground development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. 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 and in accordance with Local Plan Policies and the NPPF.
04
No above ground development shall take place until the approved boundary treatment (ref 1.8m panel fencing plan 2025-156 Rev A) has been erected on site and shall be retained for the duration of the development.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and to protect neighbouring privacy during the construction phase of the development in accordance with Core Strategy Policy CS28.
Highways
05
The development shall not be commenced until details of the proposed alterations
in the highway at Green Street, indicated on plan reference 2025-156 01 Rev A,
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 interest of road safety.
06
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.
The area 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.
07
Prior to the commencement of works a Construction Method Statement shall be
submitted to and approved in writing by the Council and the approved statement
shall be adhered to throughout the construction period. The Statement shall provide
for; Storage / loading / unloading of materials / plant; and car parking facilities for the
construction staff and include reference as to how the development will legally take
access from the adjacent highway i.e. s278 or s184 agreement.
Reason
In order to minimise impact on the surroundings during construction.
Yorkshire Water
08
The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed.
Reason
In the interest of satisfactory and sustainable drainage
09
No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.
Reason
To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network.
RMBC Drainage
10
The development shall not be begun until details of the surface water and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These 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.
Ecology
11
No development above slab level shall commence until a Biodiversity Enhancement Scheme (BES) has been submitted to and approved in writing by the Local Planning Authority. The BES shall include a scaled plan and schedule setting out the type, specification and exact locations of all biodiversity enhancement features to be incorporated into the development.
The BES shall demonstrate full compliance with BS 42021:2022 for all integrated bird and swift bricks, and with current Bat Conservation Trust (BCT) guidance for all bat roosting features. As a minimum, each new dwelling must incorporate ALL of the following:
• One integrated bird or swift nesting brick;
• One integrated bat roosting feature,
appropriately selected and sited relative to the building’s design, height and orientation, and in accordance with the relevant guidance; and
• A 13?cm × 13?cm hedgehog highway gap provided within the boundary fencing or walls of each dwelling plot, ensuring permeability for hedgehogs between residential gardens.
The development shall thereafter be carried out in accordance with the approved BES, and all features shall be retained and maintained for the lifetime of the development.
Reason
To ensure no net loss in biodiversity across the site.
Biodiversity Net Gain
12
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 (https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments)
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.
Landscaping
13
Prior to the occupation of the first dwelling a final planting scheme, showing location and types of landscape treatment, shall be submitted for approval by the Local Planning Authority. The mitigation planting scheme should be prepared in accordance with RMBC Landscape Design Guide (April 2014). The scheme shall incorporate details of tree species, sizes, densities, planting methods, aftercare and replacement planting, and shall be prepared at a minimum scale of 1:200. The approved landscape and planting mitigation scheme shall thereafter be fully implemented in the next available planting season and maintained to ensure healthy establishment. shall be maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of 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 CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
Land contamination
14
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 in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National Planning Policy Framework, December 2024.
15
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 in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National Planning Policy Framework, December 2024.
16
Before the development is brought into use a lighting scheme showing details of any low level lighting installations shall be submitted to and approved in writing by the Local Planning Authority. The approved works shall be completed before the occupation of the first residential unit. No additional lighting shall be installed outside of the agreed details.
Reason
In order to the balance the pedestrian and highway safety of future occupants of the site, whilst minimising glare and light pollution into neighbouring residential areas.
Informatives
Highways
01
You will appreciate that these works will require an Agreement under S278
Highways Act, 1980 and involve the provision of a new vehicle access and widened
footway and the reinstatement of part of the kerbline (old VAC) fronting Green Street.
Ecology
02
Vegetation clearance should be undertaken outside of the bird nesting season (March-August inclusive). Should this not be possible then a suitably qualified ecologist should undertake a nesting bird check no more than 48 hours prior to the start of works. Should active nests be found, works should cease until the nests are no longer active and the chicks have fledged and the ecologist has deemed the area to be free of nesting birds.
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.
Environmental Health
03
It is recommended that the following advice is followed to prevent a nuisance/ loss of amenity to local residential areas. Please note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust. 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 an unlimited fine upon conviction in the Magistrates' Court. It is therefore recommended that you give serious consideration to the below recommendations and to the steps that may be required to prevent a noise nuisance from being created.
(i) Except in case of emergency, operations should not take place on site other than between the hours of 08:00 - 18:00 Monday to Friday and between 09:00 - 13:00 on Saturdays. There should 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 Local Planning Authority should be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
(ii) Heavy goods vehicles should only enter or leave the site between the hours of 08:00 - 18:00 on weekdays and 09:00 - 13:00 Saturdays and no such movements should take place on or off the site on Sundays or Public Holidays (this excludes the movement of private vehicles for personal transport).
(iii) 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 Local 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.
(iv) Effective steps should 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
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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