Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2021/1388
Site Address: Dearne Valley Garden Centre Station Road Wath-upon-Dearne 9999
Description: Application to vary conditons 02 & 03 (approved plans & external materials - bricks) imposed by RB2021/0322
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 26 August 2021
Decision Date: 26 August 2021
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Delegated (Part 2A)
Conditions / Reason for Refusal: 01 The development hereby permitted shall be commenced before the expiration of three years from the date of the original permission which was 15 June 2021. 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 and as shown on the approved plans (as set out below) • Location Plan 18.011.1 Rev A • Site Plan 18.011.2 Rev M • House Type HL140 Elevation Treatment B1 Drawing Ref. 18.007.73 Revision B 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 on site plan Drawing No. 18.011.2 Rev M. The development shall thereafter be carried out in accordance with these details. Reason To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity. 04 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 to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety. 05 Garages at plots 26-29 (inclusive) shall be kept available for the parking of motor vehicles at all times. Reason To ensure each property has sufficient on plot parking. 06 The Phase II Geo-Environmental Site Assessment, Phase III Remediation Method Statement and supplementary gas barrier details approved in discharge of condition application RB2020/0838 shall be implemented on site. When the gas protection membranes have been installed an inspection/validation report shall be submitted and 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. 07 In the event that subsoils / topsoils are 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 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. 08 In the event that during development works unexpected significant contamination (including asbestos containing materials) is encountered at any stage of the process, 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. 09 Following completion of any remedial/ground preparation works a Validation Report should be submitted to the Local Authority for review and comment. 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 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. 10 In the event that bats are detected during any demolition works, the bat(s) should be covered and protected and work should cease at that location and the Local Planning Authority should be notified immediately. Reason To ensure that the biodiversity interest on the site is protected and enhanced in accordance with the Local Plan. 11 All personnel employed on the site should be vigilant and in the event that any reptile is found, it should be allowed to escape from the site to a place of safety. If five or more reptiles are found or if any hibernating reptiles are found, the Local Planning Authority should be notified immediately. Reason To ensure that the biodiversity interest on the site is protected and enhanced in accordance with the Local Plan. 12 Prior to commencement of any above ground development, 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. . -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. The scheme shall thereafter be implemented in accordance with the approved landscape scheme 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 and in accordance the Local Plan. 13 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 and in accordance the Local Plan. 14 The drainage details on plan references STE-19-08-04-01 Plot Drainage Sheet 1 J and STE-19-08-11 Flooding routing G shall be fully implemented on site before the development is first brought into use. Reason To ensure that the development can be properly drained and will be safe from flooding in accordance with the Local plan and the NPPF. Informative Landscaping It should be noted that 3 new trees were previously approved in the open space area that now forms the garden area of Plot 29. The Landscape Scheme should include 3 new trees and the re-location of the oak tree closer to the boundary of the plot would be supported. 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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