Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2022/1288
Site Address: Firbeck Hall New Road Firbeck 9999
Description: Application to vary condition 2 (approved plan) imposed by RB2021/1801
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 10 November 2022
Decision Date: 10 November 2022
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Proposed for C&VC
Conditions / Reason for Refusal: 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) (Drawing numbers, (2678 – 14A/ 11 B/ 101 A/ 103 A/ 102 A/ 120 A/ 106 A/ 122 A/ 104 A/ 121 A/ 107/ 105 A/ 201 B/ 211 A/ 302 A/ 301 A/ (Received 18/05/2017) (Reason To define the permission and for the avoidance of doubt. (Drawing numbers 3306/ 127F/13D/210C/701/700/702/128F)(received 30/09/2021) Reason To define the permission and for the avoidance of doubt. Highways 02 The Gateway Scheme and white lining of New Road at the site access shall be implemented in accordance with the details approved under discharge of condition request (RB2019/1455) granted on 04/03/2021. Reason In the interests of highway safety. 03 The sight lines indicated on Drawing No. SHF.1351.002.TR.D.103 approved as part of planning permission (RB2017/0875) shall be rendered effective by removing or reducing the height of anything existing on the land between the sight line and the highway which obstructs visibility at any height greater than 900mm above the level of the nearside channel of the adjacent carriageway and the visibility thus provided shall be maintained throughout the lifetime of the development. Reason To provide and maintain adequate visibility in the interests of road safety. 04 The Construction Traffic Management Plan shall be adhered to in accordance with the details approved under discharge of condition request (RB2019/1455) granted on 04/03/2021. These approved measures shall be implemented throughout the construction period. Reason In the interests of highway safety. 05 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. 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 Before the proposed development is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a time bound programme of implementation, monitoring and regular review and improvement. The Local Planning Authority shall be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as time tabled in the programme of implementation. Reason To reduce the need for new residents to travel by car in the interests of sustainability. Management Company 07 Prior to the dwellings hereby approved becoming occupied details shall be submitted to and approved in writing of a Management Company who will manage the site including the internal roads and hard surfaced areas along with maintaining the visibility splays at the site entrance and the wider landscaping across the site. This Management Company shall be in place prior to the occupation of the dwellings and shall be retained in perpetuity for the lifetime of the development. Reason To ensure that the roads, hard surfaced areas and landscaping is suitably managed across the site in the interests of highway safety and visual amenity in accordance with Core Strategy Policy CS28 ‘Sustainable Design.’ Drainage 08 The development shall proceed in accordance with details approved under discharge of condition request (RB2019/1455) granted on 04/03/2021. Reason To ensure that the development can be properly drained in accordance with Local Plan Policy SP 47 ‘Understanding and Managing Flood Risk and Drainage’. Landscaping 09 Prior to occupation of the dwellings hereby approved, a detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be 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. -The positions, design, materials and type of any boundary treatment to be erected. -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 maintenance and a schedule of operations, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme. - Details of a landscape and woodland management plan shall be submitted to and approved in writing with the Local Planning Authority. The scheme shall thereafter be implemented in accordance with the approved landscape scheme within a timescale agreed, in writing, by the Local Planning Authority. Thereafter the landscaping of the site shall be managed by a suitable management company. 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 Polices SP33 ‘Conserving and Enhancing the Natural Environment’ & SP55 ‘Design Principles’. Permitted Development Rights removed 10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no extensions or enlargements shall be made to the 9 No. dwellings hereby approved and no outbuildings shall be constructed without the written consent of the Local Planning Authority. Reason To protect the openness of the Green Belt in accordance with Local Plan Polices SP2 ‘Development in the Green Belt’ & CS4 ‘Green Belts’. Ecology 11 Prior to the occupation of the dwellings hereby approved a biodiversity enhancement plan shall be submitted to and approved in writing with the Local Planning Authority, this shall include the following: • Details of bat and bird boxes • Suitable improvements to the lake including de-silting and opening up the lake. The submitted details shall include details of the long term management of these biodiversity enhancement features. The development shall proceed in accordance with the approved details. Reason To promote biodiversity and to protect species protected by law in accordance with Core Strategy Policy CS20 ‘Biodiversity and Geodiversity’ 12 Details of lighting across the site shall be submitted to and approved in writing with the Local Planning Authority prior to the occupation of the dwellings hereby approved. The development shall proceed in accordance with the approved details. Reason To reduce the impact on bats (and other nocturnal wildlife) in accordance with Core Strategy Policy CS20 ‘Biodiversity and Geodiversity’ Trees 13 All tree works shall be carried out in accordance with B.S.3998: 2010 Tree work - Recommendations and the development shall proceed in accordance with the tree protection measures and Arboricultural Method Statement approved as part of the details approved under discharge of condition request (RB2019/1455) granted on 04/03/2021. Reason In the interests of the visual amenities of the area and in accordance with Local Plan Polices SP33 ‘Conserving and Enhancing the Natural Environment’ & SP55 ‘Design Principles’. 14 Prior to the occupation of the dwellings on the site a woodland management plan shall be submitted to and approved in writing with the Local Planning Authority. The woodland management plan shall identify which dead and dying trees shall be retained on the site in addition to how the woodland shall be managed. The development should proceed in accordance with the approved details. Reason To promote biodiversity in accordance with Core Strategy Policy CS20 ‘Biodiversity and Geodiversity.’ 15 Within 5 years of the commencement of the works no tree shall be cut down, uprooted or destroyed nor shall any tree be pruned other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any pruning works approved shall be carried out in accordance with British Standard 3998 (Tree Work). If any tree is removed, uprooted or destroyed or dies, within this 5 year period, another tree shall be planted in the immediate area and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. Reason In the interests of the visual amenities of the area and in accordance with Local Plan Polices SP33 ‘Conserving and Enhancing the Natural Environment’ & SP55 ‘Design Principles’. 16 Prior to first occupation, 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. 17 Prior to the occupation of any new build dwelling, or any dwelling created in the Stable Block, details of Electric Vehicle Charging connection points, in accordance with the Council’s adopted Supplementary Planning Document ‘Air Quality and Emissions’ June 2020, shall be submitted to and approved by the Local Planning Authority. Each dwelling shall not be occupied until the approved charger has been provided, and they shall thereafter be retained. Reason In the interests of air quality and to provide appropriate facilities for electric vehicles. 18 No development above ground level on the new dwellings hereby approved 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 In the interests of visual amenity and to protect the setting of the Grade II Listed Firbeck Hall in accordance with Policy SP40 ‘Listed Buildings’ and SP55 ‘Design Principles.’ Informatives 01 Works during construction: You should note that the Council’s Neighbourhood Enforcement Team 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 Rotherham 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 Badgers: As badgers have some potential to move across the Site from time to time, taking a best practice approach, all deep excavations (> 1 m) should be covered overnight during demolition/construction works. Shallow excavations (< 1 m) should have a scaffold board or equivalent placed in them overnight to allow any badgers to exit, should they fall in, and all chemicals should be stored securely in accordance with best practice guidelines. No open pipework should be left overnight. 03 Wildlife Legislation: 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. 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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