| Conditions / Reason for Refusal: |
01
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 25011 004 D
• Site/Block Plan 25011 006 Rev C
• Boundary Treatment Plan 25011 009 Rev B
• Streetscene/Section Plan 25011 011
• Plot 4 Elevation Plan 2408 102
• Plot 4 Layout and Roof Plan 2408 101
• Plot 5 Elevation Plan 2408 104
• Plot 5 Layout and Roof Plan 2408 103
• Plot 6 & 7 Elevation Plan 25011 033
• Plot 6 & 7 Layout and Roof Plan 25011 031
Reason
To define the permission and for the avoidance of doubt.
02
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be as approved in DOC application RB2025/0295.
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 CS28 ‘Sustainable Design’ and CS23 ‘Valuing the Historic Environment’ and
SP40 ‘Listed Buildings’
03
Prior to the occupation of each dwelling hereby approved the boundary treatment
shown on plan ref 25011 009 Rev B shall be implemented on site and retained for the
lifetime of the development.
Reason
To prevent overlooking from the development and in the interests of the visual
amenity of the area and in accordance with Core Strategy Policy CS28 ‘Sustainable
Design.’
TRANSPORTATION
04
The details/improvements approved in DOC application RB2025/0295 to the site access with Blyth Road (new kerbline / footway and road markings) shall be implemented within 6 months of the date of this permission.
Reason
In the interests of Highway Safety
05
The proposed inter visibility splay fronting No 35 Blyth Road shall be provided and maintained at all times. The area within the splay shall be a maximum 600mm above the height of the nearside road channel.
Reason
In the interests of Highway 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 occupation of each dwelling a vehicle charging point as approved in DOC application RB2026/0972 shall be provided shall thereafter be retained.
Reason
In the interests of sustainable development and air quality
LANDSCAPING
08
The Landscaping scheme approved in DOC application RB2026/0972 shall be implemented in the next available planting season and maintained to ensure healthy establishment. 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 amenity and in accordance with Local plan Policies
09
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. 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 the Local Plan.
ECOLOGY ENHANCEMENT
10
The biodiversity enhancement measures approved in DOC application RB2025/0295
shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
In the interest of biodiversity and in accordance with Local Plan policies
DRAINAGE
11
Drainage details in plans listed below shall be fully implemented on site before the
first dwelling is brought into use –
• 30-P1 Overall Drainage Plan – PH1 and
• 31-P1 Overall Drainage Plan – PH2
Reason
To ensure that the development is provided with a satisfactory means of drainage as
well as reduce the risk of creating or exacerbating a flooding problem and to
minimise the risk of pollution.
LAND CONTAMINATION
12
Prior to development commencing on Plot 4 a Phase II Intrusive Site Investigation will be undertaken to confirm the nature, presence and extent of contamination/ground gas across northern site area and within the former garage footprint and the risk it presents to human health and controlled waters. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report shall be submitted to and approved in writing by the Local Planning Authority.
The above will be conducted in line with the guidance document ‘Land
Contamination Risk Management’ (October 2020) 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 Local Plan Policy SP54
Plan and the National Planning Policy Framework.
13
Prior to development commencing on Plot 4 a Remediation Method Statement shall be submitted to and approved by the Local Planning Authority prior to any remediation
works commencing on that plot. The works shall be of such a nature as to render
harmless the identified contamination given the proposed end-use of the site and
surrounding environment including any controlled waters, the site must not qualify
as contaminated land under Part 2A of the Environment Protection Act 1990 in
relation to the intended use of the land after remediation. The approved
Remediation works shall be carried out in accordance with the findings identified
within the Phase II Intrusive Investigation Report and under a full quality assurance
scheme to demonstrate compliance with the proposed methodology and best
practice guidance. The Local Planning Authority must be given two weeks written
notification of commencement of the remediation works.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
Plan and the National Planning Policy Framework.
14
If subsoils/topsoils are required to be imported to site for remediation works or use in
areas of gardens/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.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
Plan and the National Planning Policy Framework.
15
If during development works unexpected significant contamination (including
asbestos containing materials) 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.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
Plan and the National Planning Policy Framework.
16
Subject to the findings of condition 12 above, suitable water supply pipes may need
to be used on site and the specification of which shall be submitted and approved in
writing by the Local Planning Authority to ensure resistance from chemical attack
from any residual contamination remaining in the ground.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
Plan and the National Planning Policy Framework.
18
Subject to the findings of Condition 12 above a design sulphate classification will
need to be confirmed for all sub surface concrete due to likely elevated soluble
sulphate content within the soils and made ground across the site. The sulphate
classification used will need to confirmed within a Verification Report for the site.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
Plan and the National Planning Policy Framework.
19
Following completion of any remedial/ground preparation works a Validation Report
shall be submitted and approved by the Local Planning Authority. The Validation
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 Validation
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 validation data has been approved by the Local Planning Authority.
Reasons
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
Plan and the National Planning Policy Framework.
Informatives
01
Severn Trent Water advises that there is a public sewer located within the
application site. Public sewers have statutory protection by virtue of the Water
Industry Act 1991 as amended by the Water Act 2003 and you may not build close
to, directly over or divert a public sewer without consent. You are advised to contact
Severn Trent Water to discuss your proposals.
Severn Trent Water will seek to assist you in obtaining a solution which protects
both the public sewer and the proposed development. If the applicant proposes to
divert the sewer, the applicant will be required to make a formal application to the
Company under Section 185 of the Water Industry Act 1991. They may obtain
copies of our current guidance notes and application form from either the website
(www.stwater.co.uk) or by contacting the Developer Services Team (Tel: 0800 707
6600).
02
Drainage - a connection to Maltby Dike will require a watercourse consent from the Council and the contact is Nigel.Frith@rotherham.gov.uk for an application.
03
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.
04
This development is not subject to the statutory Biodiversity Gain Plan condition because of the declaration on the application form that the development was exempt (because the original planning permission was approved before the statutory requirement for minor applications)
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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