| Conditions / Reason for Refusal: |
Conditions
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 before development can start. Conditions numbered 5 and 7 of this permission require matters to be approved 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 condition numbers 5 and 7 are 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.
GENERAL
01
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) and in accordance with all approved documents.
MLSR-16-02-01-LocationPlan
MLSR-16-02-02 rev J Proposed Site Layout
MLSR-16-02-08 Phasing plan
EF_TWEE_SM.2.0 The Tweed Brick
MLSRF_BAKE_SM.1 Bakewell Semi Render
MLSRF_BAKE_SM.1 Bakewell Semi Brick
MLSRF_BAKE_SM.1 Bakewell Semi Floor Plans
EF_CHTR_DM.1 Chester Render
EF_WINS_DM.5 Windsor Render
EF_WINS_DM.5 Windsor Brick
EF_WELW_DM.8 Welwyn Brick
EF_WELW_DM.8 Welwyn Render
EF-WELW_DM.8 Welwyn Floor Plans
EF_LL3_M.4-901 rev A Ledbury (Four Block) Elevations Brick
EF_LL3_M.4-903 Ledbury (Four Block) Elevations Render
EF_LL4_M.4.0 Ledbury (Four Block) Floor Plans
EF_WARW_DM.6 rev A Warwick Render A1
EF_WARW_DM.6 rev A Warwick Brick B1
EF_WARW_DM.6 rev A Warwick Render A2
EF_WARW_DM.6 rev A Warwick Brick B2
EF_TAVY_MM.4 Tavy (Mid) Brick
EF_TAVY_EM.4 Tavy (End) Brick
EF_STRAQ_DM.1 Stratford Render
EF_STRAQ_DM.1 Stratford Brick
EF_SHRB_DM.3 Shrewsbury Render
EF_SHRB_DM.3 Shrewsbury Brick
EF_SHAF_DM.8 Shaftesbury Render
EF_OXFO_DM.4 Oxford Render
EF_OXFO_DM.4 Oxford Brick
EF_HIG5_DM.8 Highgate Render
EF_HIG5_DM.8 Highgate Brick
EF_HIG5_DM.8 Highgate Floor Plans
EF_HENL_DM.6 Henley Brick
EF_HENL_DM.6 Henley Floor Plans
EF_HARR_DM.8 Harrogate Render
EF_HARR_DM.8 Harrogate Brick
EF_HARL_DM.1 Harlech Render
EF-HAMP_DM.1 Hampstead Render
EF-HAMP_DM.1 Hampstead Brick
EF-HAMP_DM.1 Hampstead Floor Plans
EF_MARO_DM.3 Marlow Render
EF_DART_MM.4 Dart (Mid) Brick
F_DART_MM.4 Dart (End) Brick
EF_CHTR_DM.1 Chester Brick
EF_CANT_DM.7 Canterbury - Brick
EF_CANT_DM.7 Canterbury Floor Plans
EF_CAMB_DM.7 Cambridge Brick
EF_CAMB_DM.7 Cambridge Render
EF_AMBY_DM.8 Amberley Render
EF_AMBY_DM.8 Amberley Brick
GAR01_901 Single Garages
GAR10-903 Twin Garages
GAR12-905 Double Garage
MLSR-16-02-04 rev B Proposed Boundary Treatment Plan
F-SD0926 Horizontal rail fencing
F-SD0906 rev B Screen Fencing, 1.8m high
F-SD0900 Post and Rail Fencing
F-SD0806 Free Standing Brick Walls
F-SD0804 600mm high wall with 600mm high railings
P21-0354.002 rev B Landscape Masterplan
P21-0354.004 rev C Detailed Landscape Proposals for Central POS
SF 3198 LL01 rev A Landscape Proposals sample area
P21-0354.005 rev B Detailed Play Proposals
MLSR-16-02-03 rev C Proposed Materials Layout
MLSR-16-02-05 rev B Proposed EV Charging Plan
MLSR-16-02-15 - Temporary Sales Plan
MLSR-16-02-06 rev C Proposed Affordable Housing Plan
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 in accordance with the details provided in the submitted application form/shown on drawing no. MLSR-16-02-03 rev C Proposed Materials Layout. The development shall thereafter be carried out in accordance with these details, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
HIGHWAYS
03
Each dwelling shall not be occupied until the charging point as shown on drawing no. MLSR-16-02-05 rev B Proposed EV Charging Plan, has been provided unless otherwise approved in writing with the Local Planning Authority. The EV charging point shall thereafter be retained.
Reason
In the interests of sustainable development and air quality.
ECOLOGY
04
The development shall be carried out in accordance with the mitigation measures outlined in Section 5.0 of the submitted Preliminary Ecological Appraisal by Smeeden Foreman, dated July 2021; and Sections 4.0, 5.0, 6.0 and 7.0 of the submitted Ecological Mitigation Scheme by Smeeden Foreman, dated July 2021.
Reason
To ensure the development is carried out in an appropriate manner and to protect local nature conservation in accordance with Policy CS20 Biodiversity and Geodiversity and relevant guidance contained within the NPPF.
GENERAL AMENITY
05
Prior to commencement of development a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall include:
details of vehicular routing
traffic management measures during the construction work;
measures to deal with dust;
measures to deal with mud in the highway;
details of any storage on site
details of loading/unloading of materials/plant;
details of car parking facilities for the construction staff;
details of proposed hours of construction on/deliveries to the site;
details of any lighting;
details of the quality of soil and its movement and temporary storage during construction
and such further matters as the Local Planning Authority may consider necessary.
The approved measures shall be implemented throughout the construction period.
Reason
In the interests of highway safety and residential amenity.
WASTE MANAGEMENT
06
The development shall be carried out in accordance with the submitted Waste Management Strategy unless otherwise agreed in writing with the Local Planning Authority.
Reason
To determine the amount and type of waste that will be produced on site, and how it will be re-used during construction when waste is removed from site. In accordance with the provision of WCS7 of the Barnsley, Doncaster and Rotherham Joint Waste Plan.
TREES
07
No work or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction Recommendations. This shall be positioned in accordance with details to be submitted to and approved by the Local Planning Authority. The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
Reason
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity.
LANDSCAPES
08
Prior to completion and first occupation of each geographical phase of development, a detailed landscape scheme for Plot landscaping shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be based on the approved Landscape masterplan (Pegasus Environment Drawing P21.0354.002 Rev B) prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
The extent of any changes to existing ground levels, where these are proposed.
Any constraints in the form of existing or proposed site services, or visibility requirements.
Areas of structural and ornamental planting that are to be carried out.
A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances.
A written specification for ground preparation and soft landscape works.
The programme for implementation.
Written details of the responsibility for ongoing maintenance and a schedule of operations.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in accordance with the appropriate standards and codes of practice within a timescale agreed, in writing, by the Local Planning Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
09
Prior to first occupation, a detailed hard and soft landscape scheme for the Public Open Space Area within the north-east corner of the development shall be submitted to, and approved in writing by, the Local Planning Authority. These details shall be prepared to a minimum scale of 1:200. The scheme shall clearly identify the following as appropriate:
Hard Landscape elements:
- Existing and proposed finished levels or contours
- Means of enclosure
- Other vehicle and pedestrian access and circulation areas
- Hard surfacing materials
- Minor artefacts and structures (e.g. furniture, play equipment, refuse or other
storage units, signs, lighting)
- Proposed and existing functional services above and below ground (e.g.
drainage, power, communication cables, pipelines, inspection chambers, etc)
- Highway visibility requirements
- Retained existing site features and proposals for restoration, where relevant.
Soft landscape details shall include:
- Planting plans
- Written specifications (including ground preparation, cultivation and other
operations associated with plant and grass establishment)
Schedules of plants, noting species, planting sizes and proposed numbers /
densities or planting distances
- An implementation programme.
- Written details of the responsibility for ongoing maintenance and a schedule
of operations.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in within a timescale agreed, in writing, by the Local Planning Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
10
Landscaping of the Central POS as shown on the approved detailed landscape scheme (Pegasus Environment drawing no. P21.0354.004 Rev C) shall be carried out prior to occupation of the 100th dwelling. The site shall be maintained in accordance with approved details 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.
11
A Landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public open space areas shall be submitted to and approved by the Local Planning Authority prior to the completion or first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme for the lifetime of the development. Any plants or trees which within a period of 5 years from completion of the part or phase 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.
Informatives
01
You should note that the Councils 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
The South Yorkshire Police Architectural Liaison Officer recommends that the development is designed and built to Secured by Design standards. www.securedbydesign.com
04
Given that the development is comprised solely of dwellings and does not involve flats or mixed use buildings, South Yorkshire Fire and Rescue will be satisfied if the vehicle access provision is in accordance with the recommendations of ADB1: Section B5.
Please note below, a table of information in relation to current SYFR appliance dimensions and weights.
05
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Deed of Variation Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
06
The proposed site accesses and improvements to the site frontage (pedestrian facilities) as required by both the current application and the original Outline planning permission (RB2019/0894P) will require the developer to enter into a S278 legal agreement with the Council for the works. It is advised that the applicant contacts David Phillips (david.phillips@rotherham.gov.uk) to commence the process at their earliest convenience.
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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