| 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) and in accordance with all approved documents.
1-DE102309C200 rev A (Scheme Overview)
1-DE102309C201 rev A (Location Plan)
1-DE102309C202 rev A (Land Ownership Plan)
1-DE102309C209 rev A (Proposed Plan – Sheet 1 of 4 – Ickles Lock Bridge to Centenary Way)
1-DE102309C210 rev A (Proposed Plan – Sheet 2 of 4 – Ickles Lock Bridge to Centenary Way)
1-DE102309C211 rev A (Proposed Plan – Sheet 3 of 4 – Ickles Lock Bridge to Centenary Way)
1-DE102309C212 rev A (Proposed Plan – Sheet 4 of 4 – Ickles Lock Bridge to Centenary Way)
1-DE102309C21 rev A (Proposed Elevations Sheet 1 - Ickles Lock to Lockhouse Bridge)
1-DE102309C220 rev A (Proposed Elevations Sheet 2 -Lockhouse Bridge to Centenary Way)
1-DE102309C221 rev A (Proposed Elevations Sheet 3 -Lockhouse Bridge to Centenary Way)
1-DE102309C222 rev A (Proposed Elevations Sheet 4 -Brinsworth St Cycle Ramp)
1-DE102309C223 rev A (Main Flood Wall Details)
1-DE102309C031 rev D (General Arrangement Sheet 1)
1-DE102309C032 rev D (General Arrangement Sheet 2)
1-DE102309C033 rev D (General Arrangement Sheet 3)
1-DE102309C034 rev D (General Arrangement Sheet 4)
1-DE102309C035 rev D (General Arrangement Sheet 5)
1-DE102309C037 rev D (General Arrangement Sheet 7)
1-DE102309C038 rev D (General Arrangement Sheet 8)
Reason
To define the permission and for the avoidance of doubt.
03
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 and shown on the approved drawings. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Canal & River Trust
04
Prior to the installation of any slider poles, details of their design, appearance and location shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented within an agreed timeframe and thereafter managed and maintained.
Reason
To mitigate against the risk of altered water levels caused by the alleviation scheme upon moored boats.
05
Prior to the installation of the retaining structures and railings details of their finish are submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented within an agreed timeframe and thereafter maintained.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Landscapes and Trees
06
Before the development is brought into use, the approved Landscape scheme as indicated on Dwg No. 14940-LD-01B, 14940-LD-02B and 14940-LD-03B shall be implemented in accordance with RMBC Landscape Design Guide (April 2014) in the next available planting season and maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
07
The development shall be carried out in accordance with the ‘Arboricultural Impact Assessment and Arboricultural Method Statement’ prepared by ECUS Ltd (May 2021), unless otherwise agreed in writing with the Local Planning Authority.
Reason
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity and to ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
08
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 out scheme of healthy trees and shrubs in the interests of amenity.
09
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 as shown on Drawings Nos. 12839-ARB-03 and 12839-ARB-04 in Appendix 3 of the submitted ‘Arboricultural Impact Assessment and Arboricultural Method Statement’ prepared by ECUS Ltd (May 2021). 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.
Land Contamination
10
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 that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
11
If subsoil/topsoil/virgin material is required to be imported to site, 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 and will not present a risk to future users of the site and the environment.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
12
Following completion of earthwork bunds, road raising, landscaping works etc., a Verification Report will be forwarded to the Local Authority for review and comment. The Verification Report shall include details of materials imported to site, copies of chemical analysis reports confirming materials brought to site are free from contamination and confirmation that sufficient clean capping materials have been placed in landscaped areas where required.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
Informatives
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
Environmental Permitting Regulations
This development will require a permit under the Environmental Permitting (England and Wales) Regulations 2010 from the Environment Agency for any proposed works or structures, in, under, over or within eight metres of the top of the bank of the River Don, designated a ‘main river’. This was formerly called a Flood Defence Consent. Some activities are also now excluded or exempt. A permit is separate to and in addition to any planning permission granted. Further details and guidance are available on the GOV.UK website: https://www.gov.uk/guidance/flood-risk-activities-environmentalpermits. It can take up to two months to determine the application from being duly made. Every effort will be made to process it as quickly as possible, but you are reminded that works should not commence until the permit is granted.
Floodline Warnings Direct (FWD)
The applicant will be aware that the area is in a flood warning area and would recommend that the applicant/occupants should phone Floodline on 0345 988 1188 to register for Floodline Warnings Direct or visit https://flood-warning-information.service.gov.uk/warnings.
It is a free service that provides flood warnings direct by telephone and mobile. It also gives practical advice on preparing for a flood, and what to do if one happens. By providing an advanced warning, it will allow protection measures to be implemented such as moving high value goods to an elevated level as well as evacuating people off site.
04
The proposals would result in the formation of formal surface water discharge points to the canal. As such, the Trust’s position is that these would require the prior consent of the Trust in our capacity as landowner. Our Utilities Section can be contacted on 01636 675719 or at utilitiesenquiry@canalrivertrust.org.uk for further information.
We appreciate these comments come in our capacity as landowner, and are unlikely to affect the planning consent. However, the need for the Trust’s consent and prior assessment could impact upon the final design of the scheme. We therefore advise that the applicants contact our utilities section at their earliest convenience to ensure that any relevant consents are approved, and (or) to ensure that any relevant consent is not required should they believe that to be the case.
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.
|
