| Conditions / Reason for Refusal: |
General
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 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/ 127 A/ 105 A/ 128 A/ 124 A/ 125 A/ 201 B/ 123 A/ 211 A/ 126/ 302 A/ 301 A/ 210 A(Received 18/05/2017)
Reason
To define the permission and for the avoidance of doubt.
Materials
03
No development above ground level relating to the construction of the new dwellings shall take place until details of the external materials to be used in its construction have been submitted or samples of the materials 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 in accordance with Local Plan Polices SP40 Listed Buildings, SP55 Design Principles, Core Strategy Policies CS23 ‘Valuing the Historic Environment’ and CS28 ‘Sustainable Design.’
04
Prior to the installation of the windows and doors on the Grade II Listed Hall and Stable Block details of the doors and windows and their colour treatment shall be submitted to and approved in writing with the Local Planning Authority at a scale of 1:10. All windows and doors shall be timber. The development should proceed in accordance with the approved details.
Reason
To protect the special character and appearance of the Grade II Listed Buildings, in accordance with Local Plan Policy SP40 ‘Listed Buildings’.
Highways
05
Prior to the commencement of the development details of a gateway scheme, which shall include the white lining of New Road at the site access, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of a dwelling.
Reason
In the interests of highway safety.
06
No gates shall be fitted along the access road into the site without the prior written approval of the Local Planning Authority.
Reason
To avoid potentially conflicting vehicular reversing manoeuvres in New Road at the site access, in the interests of highway safety.
07
Prior to the commencement of development the sight lines indicated on Drawing No. SHF.1351.002.TR.D.103 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.
Reason
To provide and maintain adequate visibility in the interests of road safety.
08
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.
09
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.
10
Prior to the commencement of development, a Construction Traffic Management Plan shall be submitted to and approved by the Local Planning Authority. The plan shall include, but not by way of limitation, details of traffic management measures during the construction work, a site compound, staff parking and measures to deal with any dust/mud deposited in the adjacent highway by construction vehicles. The approved measures shall be implemented throughout the construction period.
Reason
In the interests of highway safety.
Management Company
11
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
12
Prior to the commencement of development details of foul and surface water drainage scheme for the site shall be submitted to and approved in writing with the Local Planning Authority. The drainage scheme shall be based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development. The scheme shall include the construction details and shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall demonstrate:
* The utilisation of holding sustainable drainage techniques (e.g. soakaways etc.);
* The limitation of surface water run-off to equivalent greenfield rates (i.e.
maximum of 5 litres/second/Ha);
* The limitation of surface water run-off to equivalent brownfield rates (i.e.
minimum of 30% reduction in flows based on existing flows and a 1 in 1 year
return period);
* The ability to accommodate surface water run-off on-site up to the critical 1 in
100 year event plus an appropriate allowance for climate change, based upon
the submission of drainage calculations; and
* A maintenance plan including responsibility for the future maintenance of
drainage features and how this is to be guaranteed for the lifetime of the
development.
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 and Boundary Treatment
13
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
14
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
15
Prior to the commencement of development a Bat Survey shall be undertaken on Firbeck Hall and the Stable Block by competent persons at an appropriate time of year. The results shall be submitted to and approved in writing with the Local Planning Authority and any suitable mitigation work shall be undertaken in accordance with the report’s findings. The development shall proceed in accordance with the approved details and recommendations.
Reason
To protect species protected by law.
16
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’
17
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’
18
Prior to the commencement of any tree works 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’
Trees
19
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’.
20
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: Trees in Relation to Design, Demolition and Construction and 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
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’.
21
All tree works shall be carried out in accordance with B.S.3998: 2010 Tree work -
Recommendations. The schedule of all tree works shall be approved by the Local Planning Authority before any work commences and no tree work shall commence until the applicant or his contractor has given at least seven days’ notice of the intended starting date to the Local Planning Authority. The authorised works should be completed within 2 years of the decision notice otherwise a new application for consent to carry out any tree work will be required.
Reason
To ensure the tree works are carried out in a manner which will maintain the health and appearance of the trees 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’.
22
Prior to the commencement of any development a detailed Arboricultural Method Statement in accordance with BS 5837 Trees in Relation to Design, Demolition and Construction, shall be submitted to the Local Planning Authority for consideration and approval and the development shall be implemented in accordance with the approved details. The submitted details shall include a detailed Tree Protection Plan.
Reason
To ensure the tree works are carried out in a manner which will maintain the health and appearance of the trees 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’
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 05/07/10/12/15/22 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 05/07/10/12/15/22 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.’
Informatives
01
Section 106 Legal Agreement:
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 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.
02
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.
03
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.
04
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, 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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