| Conditions / Reason for Refusal: |
General
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
3572_01 RCA 10 XX DR A 0901 rev P1 – Location Plan
24812-BSB-00-XX-DR-A-0101 rev C12 – Site Layout
49248-ECE-XX-XX-DR-C-0150 rev C04 – External Works
3572_01 RCA 10 XX DR A 0909 rev P3 – Site Sections
3572_01-PEV-10-00-DR-E-6000 rev P06 – EV Charging Plan
49248-ECE-XX-XX-DR-C-0130 rev C03 - Proposed Drainage Masterplan
3572_01-PEV-10-XX-DR-C-0011 rev P03 – Proposed Geometrical Layout Plan
24812-BSB-00-XX-DR-A-0203 rev C4 – 1041 2B4P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0204 rev C3 – 1041 2B4P Sections and Roof Layout
24811-BSB-00-XX-DR-A-0205 rev C5 – 1010 2B4P Floor Plans
24812-BSB-00-XX-DR-A-0205 rev C4 – 1200 4B7P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0206 rev C3 – 1200 4B7P Sections and Roof Layout
24811-BSB-00-XX-DR-A-0206 rev C4 – 1010 2B4P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0207 rev C4 – 1061 4B8P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0208 rev C3 – 1061 4B8P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0209 rev C4 – 1090 3B5P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0210 rev C3 – 1090 3B5P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0211 rev C4 – 1101 4B6P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0212 rev C3 – 1101 4B6P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0213 rev C5 – 1042 2B4P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0214 rev C3 – 1042 2B4P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0215 rev C4 – 1060 4B8P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0216 rev C4 – 1060 4B8P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0217 rev C5 – 1091 3B5P Floor Plans and Elevations
24812-BSB-00-XX-DR-A-0218 rev C4 – 1091 3B5P Sections and Roof Layout
24812-BSB-00-XX-DR-A-0225 rev C1 – Bin Store
230984-PEV-10-XX-DR-L-4001 rev P06– Landscape Design Plan
R/2848/1A – Landscape Masterplan
R/2848/2 – Landscape Details
Reason
To define the permission and for the avoidance of doubt.
02
The development shall be constructed in accordance with the materials set out in the Materials document dated March 2025, approved by RB2025/0581.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
03
Before the first dwelling is occupied the boundary treatment details shown on drawing 24812-BSB-00-XX-DR-A-0101 rev C7 and approved by RB2025/0581 shall be implemented.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
Affordable Housing
04
The development shall provide 100% affordable housing across the site.
Reason
In the interests of securing affordable housing.
Highways
05
The surfacing details shall be carried out in accordance with the details submitted and approved by RB2025/0581 before the development is first brought into use and shall thereafter be maintained.
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.
06
The road sections, constructional and drainage details shall be carried out in accordance with the following drawings before the first dwelling is occupied:
49248-ECE-XX-XX-DR-C-0130 rev C03 - S104
49248-ECE-XX-XX-DR-C-0131 rev C02 - Impermeable Areas Plan
49248-ECE-XX-XX-DR-C-0132 rev C02 - Flood Routing Plan Drawing
49248-ECE-XX-XX-DR-C-0160 rev C03 - S38
49248-ECE-XX-XX-DR-C-0161 rev C02 - S38 details
Reason
No details having been submitted they are reserved for approval.
07
The level details of the proposed alterations on Linden Grove that incorporate the removal of the existing layby to form a widened footway as indicated in draft form on plan reference 24812-BSB-00-XX-DR-A-0101 rev C7, shall be implemented in accordance with the Memorandum of Understanding, dated 14th August 2025 and approved by RB2025/0581.
Reason
In the interests of highway safety.
08
The details contained within the Sustainable Transport Statement, prepared by Kelsey Construction, dated 19/02/2025 and approved by RB2025/0581 shall be implemented before on the occupation of each dwelling.
Reason
In order to promote sustainable transport choices.
09
Before the development is brought into use the car parking area (for the apartments) 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.
Air Quality and Emissions
10
The development shall be completed in accordance with the approved electric vehicle charging details shown on plan ref: 3572_01-PEV-10-00-DR-E-6000 rev P06 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
The construction phase shall be carried out in accordance with the revised CEMP (v3), dated 29.01.26, prepared by Kelsey Construction and approved by RB2026/0048.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
General Amenity
12
Installed glazing and ventilation shall meet the criteria for noise reduction as specified in Appendix III, Figures 4 & 5 of the Residential Planning Noise Assessment by Dice Environmental Acoustics, dated 11th December 2023 (Ref: 101199-R02 (Version 1)).
Reason
To safeguard the amenities of the future occupiers of the proposed development.
13
All rear gardens areas shall be provided with 1.8m, standard, close boarded timber fencing to the boundary.
Reason
To safeguard the amenities of the future occupiers of the proposed development.
14
No noise generating external fixed plant shall be installed in any part of the development 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 to achieve a combined Rating Level of noise from all such equipment of no more than 3dB(A) below the prevailing Background Sound Levels, when measured at the nearest noise sensitive receptors. ‘Rating Level’ and ‘Background Sound Level’ are as defined in BS 4142:2014+A1:2019.
Reason
To safeguard the amenities of the future occupiers of the proposed development.
Ecology
15
No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
16
The development shall be carried out in accordance with the Biodiversity Enhancement document, prepared for GS Kelsey Construction Limited, dated March 2025 and approved by RB2025/0581. The approved details shall be installed throughout the site before the first dwelling is occupied.
Reason
In the interests of biodiversity and ecology.
17
The landscaping and tree creation approved by RB2025/0581 to achieve the required 3.01 units of Biodiversity Net Gain shall be implemented before the first dwelling is occupied.
Reason
In the interests of biodiversity and ecology.
Landscapes
18
Landscaping of the site as shown on the approved plan (FDA Landscape Drawing no. R/2848/1A and R/2848/2) shall be carried out during the first available planting season after commencement of the development and thereafter maintained for the lifetime of the development.
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 within the next planting season. 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.
19
The landscape management of the site shall be carried out in accordance with the Landscape Management document, prepared by FDA Landscape, dated April 2025 and approved by RB2025/0581. The approved details shall be installed throughout the site before the first dwelling is occupied and as such the condition is discharged.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Trees
20
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until all existing hedgerows and trees to be retained are protected in accordance with the details contained within the ‘Arboricultural Impact Assessment & Method Statement’ dated 21 March 2025, prepared by All About Trees and shown on drawing AIA &AMSTPP rev A.
All tree protection methods detailed in the approved report shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
Reason
To ensure appropriate tree protection in the interests of protecting 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.
21
On-site tree planting shall be carried out within the first available planting season after the first dwelling is occupied and in accordance with the details approved by RB2025/0581
Reason
To ensure appropriate tree protection in the interests of protecting 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.
22
Prior to first occupation a Tree Replacement Strategy in line with the Tree Replacement Strategy email sent by Stantec on 01/08/2024 shall be submitted to and approved in writing by the Local Planning Authority. The Strategy shall include details of the following –
• Replacement Planting Plan to include -
- A site plan showing the outline and size of each tree planting location
- A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances, for each location
- Comprehensive details of ground/tree pit preparation to include:
- Plans detailing adequate soil volume provision to allow the trees to grow to maturity.
- Staking/tying and protection method(s).
- The programme for implementation.
- Five-year post planting maintenance and inspection schedule to include management of competing vegetation, replacement planting of failed trees, watering, checks and adjustments of tree support and protection and any formative pruning that would be beneficial.
• Ongoing Management and Maintenance of Replacement Planting Areas
The approved details within the Tree Replacement Strategy shall be implemented on site, and the areas shall be managed and maintained in accordance with the approved details.
Reason
To ensure appropriate tree protection in the interests of protecting 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.
Land Contamination
23
The development shall be carried out in accordance with the Remediation Implementation Plan – Addison Road, Maltby - prepared by Eastwood Consulting Engineers, dated 12 May 2025, reference 49248-ECEXX-XX-RP-C-006, approved by RB2025/0581. Remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the methodology and best practice guidance. The Local Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure the safe occupation of the site.
24
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.
Reason
To ensure the safe occupation of the site.
25
Gas Mitigation Measures for each new build, shall be carried out in accordance with the details contained within the report entitled ‘Detailed Design Report for Gas Mitigation Measures’ – Former Addison Day Care Centre, Addison Road, Maltby, Rotherham – prepared by Eastwood Consulting Engineers, dated 22 July 2025, reference 49248-ECE-XX-XX-RP-C-0008, approved by RB2025/0581.
Reason
To ensure the safe occupation of the site.
26
Post construction, installation of the gas protection measures is to be verified in accordance with the approved Detailed Design Report for Gas Mitigation Measures and a Verification report shall be forwarded to this Local Authority for review and comment.
Reason
To ensure the safe occupation of the site.
27
If subsoil/topsoil is required to be imported to site for gardens and areas of soft landscaping, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination.
Reason
To ensure the safe occupation of the site.
28
Following completion of any remedial/mitigation works a Validation Report should be forwarded to the Local Authority for review and comment. 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 Authority.
Reason
To ensure the safe occupation of the site.
Drainage
29
The development shall be carried out in accordance with the details shown on the submitted plan, ‘Proposed Drainage Masterplan 49248-ECE-XX-XX-DR-C-0130 rev C03 (S104), prepared by Eastwood Consultants, dated 01/05/2026.
Reason
In the interest of satisfactory and sustainable drainage.
Broadband
30
Prior to first occupation of a dwelling on this site, information relating to the availability of infrastructure to enable the provision of gigabit capable full fibre broadband should be submitted and approved by the LPA. If the necessary infrastructure is available to enable provision, details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, including a timescale for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason
In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF.
Local Labour Agreement (Construction phase)
31
The construction phase shall be carried out in accordance with the Local Labour Agreement dated 18/03/2025 and approved by RB2025/0581.
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
32
The Waste Management Plan, 24812-BSB-00-XX-RP-A-0001 rev P2, dated 03/08/26 and prepared by BSB Architecture shall be implemented on occupation of the first dwelling 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
It is recommended that the development adheres to the Secured by Design principles (www.securedbydesign.com). It is recommended that the following be considered:
Defensible Space
Each dwelling should have a front boundary to a height of 1 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 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 1 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.
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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