| Conditions / Reason for Refusal: |
Article 35 of the Development Management Procedure Order 2015 requires that,
where planning permission is granted subject to conditions, the decision notice
must state clearly and precisely the full reasons: (i) for each planning condition;
and (ii) in the case of each pre-commencement condition, for the condition being a
pre-commencement condition. The reasons for each condition are provided below.
Conditions numbered 09 & 10 of the outline permission are pre-commencement
conditions (since they require matters to be approved before development works
begin). These are justified as being pre-commencement condition 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 conditions number 09 & 10 of the outline permission
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.’
01
a. Application for approval of reserved matters must be made within three years of
the date of this permission.
b. The development hereby approved must be begun not later than whichever is the
later of the following dates:
(i) The expiration of five years from the date of this permission; OR
(ii) The expiration of two years from the final approval of the reserved matters
or, in the case of approval on different dates, the final approval of the last such
matter to be approved.
Reason
In order to comply with the requirements of the Town and Country Planning Act
1990.
02
Before the commencement of the development, details of the layout, scale, appearance, access and landscaping shall be submitted to and approved by the Local Planning Authority and the development shall be carried out in accordance with the approved details.
Reason
No details of the matters referred to having been submitted, they are reserved for the subsequent approval of the Local Planning Authority.
03
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
• Proposed Location Plan
• Proposed Site Plan
Reason
To define the permission and for the avoidance of doubt.
04
Details of the proposed means of disposal of foul and surface water drainage, including details of any off-site work, shall be submitted to and approved by the Local Planning Authority and the development shall not be brought into use until such approved details are implemented.
Reason
To ensure that the development can be properly drained in accordance with Local Plan Policy SP47 ‘Understanding and Managing Flood Risk and Drainage.
05
Before the development is brought into use, that part of the site to be used by vehicles shall be 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.
The area 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
Prior to the occupation of each dwelling, details of one vehicle charging point per dwelling shall be submitted to and approved by the local planning authority. The dwelling shall not be occupied until the charging point has been provided and shall thereafter be retained.
Reason
In the interests of sustainable development and air quality.
07
No above ground development 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 policies.
08
All subsequent applications for the approval of reserved matters shall include details of existing and proposed ground levels within and adjacent to the site.
Reason
To ensure that the levels at the site are taken into consideration.
09
Prior to commencement of development, a Phase II Intrusive Site Investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The above should be conducted in accordance with Land Contamination Risk Management (October 2020) guidance and predecessor guidance by DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and BS10175:2011 + A2 2017 (BS1 2017) Investigation of Potentially Contaminated Sites – Code of Practice.
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.
10
Subject to the findings of item 09 above and prior to development commencing, a Remediation Method Statement shall be submitted and approved by the Local Planning Authority prior to any remediation works commencing on site. The works shall be of such a nature as to render harmless the 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 Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
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 gas protection measures are required, then details of the gas protection measures/membranes to be used along with drawings to show how the membrane will fit into the overall building design shall be submitted to and approved by the Local Planning Authority. Installation of the gas protection measures is to be verified and a validation report is to be forwarded to this Local Planning Authority for approval.
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
In the event that 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 Planning 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.
13
If subsoil/topsoil is required to be imported to site for remedial works, then these soils will need to be tested at a rate and frequency to be agreed with the Local Planning Authority to ensure they are free from contamination.
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.
14
Following completion of any remedial/ground preparation works a Validation Report should be submitted to and approved by the Local Planning Authority. The validation 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 validation 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 validation data has been approved by the Local Planning Authority.
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.
Informative
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
Severn Trent Water advise that although our statutory sewer records do not show any public sewers within the area you have specified, there may be sewers that have been recently adopted under, The Transfer Of Sewer Regulations 2011. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the building.
03
Gigabit-capable full fibre broadband - The four South Yorkshire Authorities have committed to ensuring that relevant developments are provided with Gigabit-capable full fibre broadband. Please refer to the attached informative in this respect.
04
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.
05
On site car parking facilities should be provided for each dwelling in accordance with the Council’s Car parking Standards and the site layout should be designed in accordance with guidance from the South Yorkshire Residential Design Guide and Manual for Streets.
06
Landscaping details to be submitted under reserved matters shall have regard to the Rotherham Landscape Guide, and should include one tree in each front garden - https://www.rotherham.gov.uk/downloads/file/547/landscape-design-guide
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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