| 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 and as shown on the approved plans (as set out below)
(Drawing Numbers 26/570-01/02A/03/121A/122A/131A/132/141/142/151/152/155/156/157/ 1201-1/1-1MP/2/3/2259-001)(received 18/09/2026).
Reason
To define the permission and for the avoidance of doubt.
Highways
03
Prior to the commencement of development, a scheme shall be submitted to and approved by the local planning authority for works to the highway embankment between the site access and the tangent point of the bend to the north, so as to improve visibility.
NB. You will appreciate that these works will require an Agreement under S278 Highways Act, 1980. As such, contract should be made with my colleague David Phillips, via email David.phillips@rotherham.gov.uk as soon as is practical in order to commence the s278 process.
Reason
To ensure improved visibility at the point of access, in the interests of highway safety.
04
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.
Ecology
05
All mitigation measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal by (Nadur Ecology, August 2026) already submitted with the planning application and agreed in principle with the local planning authority prior to determination.
Reason:
To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended, and s40 of the NERC Act 2006.
06
Prior to the commencement of works above ground level, a Biodiversity Enhancement Strategy for protected and Priority species shall be submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following:
a) Purpose and conservation objectives for the proposed enhancement measures;
b) detailed designs or product descriptions to achieve stated objectives;
c) locations, orientations, and heights of proposed enhancement measures by appropriate maps and plans;
d) persons responsible for implementing the enhancement measures;
e) details of initial aftercare and long-term maintenance (where relevant).
The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.
Reason:
To enhance protected and Priority species & habitats and allow the LPA to discharge its duties under the NPPF (August 2026) and s40 of the NERC Act 2006 (Priority habitats & species).
07
No development above ground level should commence until a lighting design scheme for biodiversity has been submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting plans, drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory. All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.
Reason:
To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (Priority habitats & species).
Contaminated Land
08
Prior to any ground works commencing, a Phase 2 Intrusive Site Investigation shall be undertaken to assess the geotechnical and geo-environmental constraints at the site complete with ground gas monitoring. A detailed scope of works including the methodology for investigation shall be submitted to and approved in writing by the Local Authority prior to any site investigation works commencing. The site investigation shall thereafter be undertaken in accordance with the approved details. The investigation and subsequent risk assessment must be undertaken by competent persons, and a written report of the findings must be produced and will be subject to approval in writing by this Local Planning Authority.
The above should be conducted in accordance with the new 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 Policies P1 - P5 – Pollution, Public Protection and Security of the National Planning Policy Framework, August 2026.
09
Subject to the findings of condition 08 above and prior to above ground works commencing, a Remediation Method Statement shall be provided for the approval of this Local Authority prior to any remediation/ground improvement works commencing on site. The works shall be of such a nature as to render harmless any possible 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 full on site under a quality assurance scheme to demonstrate compliance with the proposed 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 in accordance with Policy SP54 of the Rotherham Local Plan and Policies P1 - P5 – Pollution, Public Protection and Security of the National Planning Policy Framework, August 2026.
10
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 in accordance with Policy SP54 of the Rotherham Local Plan and Policies P1 - P5 – Pollution, Public Protection and Security of the National Planning Policy Framework, August 2026.
11
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 Policies P1 - P5 – Pollution, Public Protection and Security of the National Planning Policy Framework, August 2026.
12
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 Policies P1 - P5 – Pollution, Public Protection and Security of the National Planning Policy Framework, August 2026.
Drainage
13
The development shall be carried out in accordance with the approved surface water drainage strategy, drainage calculations and associated drawings unless otherwise agreed in writing by the Local Planning Authority.
Reason:
To ensure satisfactory management of surface water runoff and to reduce flood risk.
14
Prior to commencement of the drainage works approved as part of this development, details of the final point of discharge and evidence of any necessary third-party consents or land drainage permissions shall be submitted to and approved in writing by the Local Planning Authority.
Reason:
To ensure an appropriate and lawful discharge route is available for the development. The submitted drawings note that the final outfall location remains to be confirmed.
Materials
15
No development above ground level, 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 Policy CS28.
16
The landscaping scheme at the site shall be undertaken in accordance with approved plan drawing number 2259-01 (received 18/09/2026). 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 our scheme of healthy trees and shrubs in the interests of amenity and in accordance with Policy SP32 Green Infrastructure and Landscape.
Biodiversity Net Gain
17
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.
Informative
01
Please note that the Local Planning Authority will not discharge Condition 3 above, until the required works have received full technical approval from the Highway Authority. Applicants are therefore advised not to submit any application for the discharge of this/these condition(s) until written confirmation of technical approval has been issued by the Highway Authority.
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. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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