| Conditions / Reason for Refusal: |
Conditions
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 09, 15, 22, 24, 26, 28 & 29 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 09, 15, 22, 24, 26, 28 & 29 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.
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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
• Location Plan 7319-SMR-00-XX-DR-A-2002-A3-RevC1
• Proposed Site Plan 7319-SMR-00-ZZ-DR-A-2005-A3-RevC8
• Proposed Floor Plans 7319-SMR-00-ZZ-DR-A-2010-A3-RevC2
• Proposed Elevation Plans 7319-SMR-00-ZZ-DR-A-2012-A3-RevC3
• Proposed Lighting Plan 0400500146 DWG 01
• External Works 7319-SMR-00-ZZ-DR-A-2007-A3-RevC6
• Proposed Site Sections 7319-SMR-00-ZZ-DR-A-2008-A3-RevC6
• Proposed Roof Plan 7319-SMR-00-ZZ-DR-A-2011-A3-RevC2
• Drainage Layout (Project: 4940, Drawing: C100, Revision: P4)
• Flood Risk and Drainage Assessment (Final Report v1.1 – November 2021)
Reason
To define the permission and for the avoidance of doubt
03
The building hereby approved shall be used as a retail store, Use Class E(a), only and for no other purpose (including any other purpose in class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987(as amended)).
Reason
The premises are not considered suitable for general use within the Class quoted
for policy reasons and in accordance with the NPPF
04
The net sales floor area of the store hereby approved shall not exceed 1,256sqm.
Reason
For the avoidance of doubt and in accordance with the information submitted in support of the application to comply with Local Plan policies and the NPPF
05
No more than 20% of the approved net sales area shall be used to sell unrestricted
comparison goods, the remainder of the net sales area shall be used for the selling
of convenience goods.
Reason
For the avoidance of doubt and in accordance with the information submitted in support of the application to comply with Local Plan policies and the NPPF
06
The retail unit hereby approved shall not be sub-divided into separate retail units at any time.
Reason
For the avoidance of doubt and in accordance with the information submitted in support of the application to comply with Local Plan policies and the NPPF
07
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/shown on the approved elevation drawing. 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 and in accordance with Local Plan policy.
08
No boundary treatment shall be erected until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of treatment to be erected. The boundary treatment shall be completed before the development is brought into use.
Reason
In the interests of the visual amenity of the area and in accordance with Local Plan Policy
TRANSPORT
09
The development shall not be commenced until details of the proposed access arrangement indicated in draft form on plan reference 20/273/SK/001 Revision A have been submitted to, and approved by, the Local Planning Authority and the approved details shall be implemented before the development is brought into use.
Reason
In the interest of highway safety
10
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.
11
Before the development is brought into use the car parking area shown on the approved plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety
SUSTAINABILITY
12
The building shall be designed and constructed to achieve BREEAM Very Good rating as a minimum unless it can be demonstrated that it would not be technically feasible or financially viable.
Reason
To achieve a sustainable form of development in accordance with the Local Plan.
13
Before the development is first brought into use the Rapid Charging Electric Vehicle Charging Points as detailed in the submitted Electric Vehicle Charging Points Briefing Note Ref 61100/01/JW/ATU and shown on the approved Site Plan Ref 7319 - SMR - 00 - ZZ - DR - A - 2005 - A3 - C8 shall be provided for use on site and shall be made available for use for the lifetime of the development.
Reason
In order to promote sustainable transport choices, and in accordance with Local Plan policies.
14
Before the development is first brought into use details of the passive infrastructure to allow rapid charging points across an additional 20% of car parking spaces as referred to in the Briefing Note shall be submitted along with a timetable for their implementation. The approved details shall be implemented on site in accordance with the approved timetable.
Reason
In order to promote sustainable transport choices, and in accordance with Local Plan policies.
AMENITY
15
Prior to any development commencing a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing with the Local Planning Authority. The plan shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction related activities. This should also include suitable restrictions on the hours of working on the site including times of deliveries.
• Dust arising from all construction related activities.
• Artificial lighting used in connection with all construction related activities and security of the construction site.
The approved plan shall be adhered to throughout the construction of the development.
Reason
In the interests of highway safety and residential amenity.
16
The store hereby permitted shall only be open to customers between the hours of 08:00 – 22:00 Mondays to Saturdays and 10:00 – 18:00 on Sundays and Bank Holidays
Reason
In the interest of residential amenity of the occupiers of nearby properties in accordance with Local Plan policies and the NPPF.
17
There shall be no deliveries to or dispatches from the site outside the hours of:
• 07:00 and 23:00 Monday to Saturdays, and
• 08:00 and 22:00 on Sundays and Bank Holidays.
Reason
In the interest of residential amenity of the occupiers of nearby properties in accordance with Local Plan policies and the NPPF.
18
The combined noise from any fixed mechanical services and external plant and equipment shall be effectively controlled so that the combined rating level of noise from all such equipment shall be 5dB below the existing background sound level at any time as detailed in Tables 3.1 to 3.4 – Baseline Noise Measurement Data of the acoustic report dated 26th January 2022. Rating level and background sound level are as defined in BS 4142:2014+A1:2019.
Reason
In the interest of residential amenity of the occupiers of nearby properties in accordance with Local Plan policies and the NPPF.
19
The lighting at the site shall be in accordance with the following –
• The artificial lighting hereby approved shall be connected to the BMS (Building Management System).
• All lighting within the sales area will be controlled by timers linked to the opening times of the store.
• The sales area lighting shall be reduced to one third lighting before and after trading hours.
• Occupancy lighting controls shall be used in non-retail areas.
• BMS and LUX sensors shall control the external lighting in the car parking areas to ensure that lighting is only used during dark hours when the store is open.
• External lighting to the sides and rear of the store, away from customer parking shall be controlled by movement sensors for the purposes of safety and security only.
• All external lighting shall be positioned to eliminate glare and minimise stray light beyond the boundary of the site
Reason
In the interest of residential amenity of the occupiers of nearby properties in accordance with Local Plan policies and the NPPF.
20
No part of the land other than that occupied by buildings shall be used for the permanent storage of goods, components, parts, waste materials or equipment without the prior written approval of the Local Planning Authority.
Reason
To prevent the land from becoming unsightly in the interests of visual amenity and in accordance with relevant Local Plan policies
21
Prior to the commencement of any above ground development details of the existing and proposed finished floor levels of the building shall be submitted and approved in writing. The development shall be implemented in accordance with the approved levels.
Reason
For the avoidance of doubt and in the interests of the amenity of the existing residents adjoining the site in accordance with Local Plan policies.
DRAINAGE
22
No construction works in the relevant area(s) of the site shall commence until measures to protect the public water supply infrastructure that is laid within the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority. The details shall include but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times. If the required stand-off or protection measures are to be achieved via diversion or closure of the water main, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that, prior to construction in the affected area, the approved works have been undertaken.
Reason
In the interest of public health and maintaining the public water supply
LANDSCAPE/TREES/ ECOLOGY
23
Landscaping of the site as shown on the approved plan (drawing no. R/2384/1E
Landscape Details Rev E and Landscape Management Document dated May 2021)
shall be carried out during the first available planting season after commencement of
the development. 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 within
the next planting season. 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 with Local Plan policies.
24
No operations (including initial site clearance) shall commence on site in connection
with development hereby approved until a suitable scheme (Arboricultural Method
Statement) for the protection of existing trees and hedgerows has been submitted
and its installation on site has been approved in writing by the Local Planning
Authority.
All protection measures must fully detail each phase of the development process
taking into account demolition/site clearance works, all construction works and hard
and soft landscaping works. Details shall include the following:
• Full survey of all trees on site and those within influencing distance on
adjacent sites in accordance with BS5837*, with tree works proposals. All
trees must be plotted on a site plan**, clearly and accurately depicting trunk
locations, root protection areas and canopy spreads.
• A plan** detailing all trees and hedgerows planned for retention and
removal.
• A schedule of tree works for all the retained trees specifying pruning and
other remedial or preventative work, whether for physiological, hazard
abatement, aesthetic or operational reasons. All tree works shall be carried
out in accordance with BS 3998.
• Soil assessments/survey
• Timing and phasing of works
• Site specific demolition and hard surface removal specifications
• Site specific construction specifications (e.g. in connection with foundations,
bridging, water features, surfacing)
• Access arrangements and car parking
• Level changes
• Landscaping proposals
• A Tree protection plan** in accordance with BS5837* detailing all methods
of protection, including but not restricted to: locations of construction
exclusion zones, root protection areas, fit for purpose fencing and ground
protection, service routes, works access space, material/machinery/waste
storage and permanent & temporary hard surfaces.
• Soil remediation plans, where unauthorised access has damaged root
protection areas in the construction exclusion zones.
• Details of the arboricultural supervision schedule.
All tree protection methods detailed in the approved Arboricultural Method
Statement shall not be moved or removed, temporarily or otherwise, until all works
including external works have been completed and all equipment, machinery and
surplus materials have been removed from the site, unless the prior approval of the
Local Planning Authority has first been sought and obtained.
*Using the most recent revision the of the Standard
** Plans must be of a minimum scale of 1:200 (unless otherwise agreed by the Local
Planning Authority)
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherhams environment, air quality and adapting to and mitigating climate change in accordance with
Rotherhams Core Strategy Policies CS3: Location of New Development, CS19:
Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape,
Policy CS28 Sustainable Design.
25
Prior to the development being brought into use 2 bird boxes and 3 bat boxes as detailed in the submitted Landscape and Ecological Management Plan shall be provided in the locations shown on the approved Landscape Plan.
Reason
In the interest of local ecology in accordance with the Local Plan and the NPPF
ENVIRONMENTAL
26
Prior to development commencing a limited and targeted Phase II Intrusive Site Investigation shall be undertaken in areas previously inaccessible (fire station footprint, fuel tank area, cable run areas), to confirm the nature, presence and extent of contamination within these areas and the risk it presents to human health and controlled waters. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced and submitted to and approved by the Local Planning Authority. The above should be conducted in accordance with the Environment Agencys Land Contamination Risk Management (LCRM) dated October 2020.
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.
27
Cut and fill earthworks are required at the site so that a development platform can be achieved. These earth works shall be carried out under a Materials Management Plan, written and declared in accordance with the CL:AIRE Definition of Waste Code of Practice approved by the Environment Agency. This document shall be submitted and 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.
28
Prior to development works commencing a detailed earthworks strategy/specification shall be submitted and approved by the Local Planning Authority. All works will need to be undertaken in accordance with the earthwork strategy to ensure that any geotechnical and contamination risks will be managed appropriately.
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.
29
Prior to development commencing a Remediation Method Statement shall be submitted and approved by the Local planning Authority. 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.
30
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.
31
If subsoil/topsoil is required to be imported to site for remediation works/areas of soft landscaping, 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.
32
Following completion of any remedial/ground preparation works a Validation Report shall be submitted and approved by the Local Authority. The Validation Report shall include details of any ground works undertaken, to show that the works have been carried out in full accordance with the approved methodology. 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.
COMMUNICATIONS
33
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
WASTE
34
Prior to the development being brought into use a Waste Management Plan shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented on site.
Reason
To ensure that Waste is managed at the site in line with Local Plan Policies
INFORMATIVES
01
Police
The development would greatly benefit from being built to secure by design standards, www.securedbydesign.com
02
Yorkshire Water
Water Supply 1) On the statutory records, there is a 3 CI main affected by the proposed development, which would be abandoned at applicants expense.
Also, a private supply running towards sites northern boundary S/O 19 Manor Road - this supply may also need to be diverted depending on the route is may take and whom it feeds. The applicant would need to discuss this with the pipes owner if it does need diverting. 2) A supply can be made available
03
You should note that the Councils 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.
04
Broadband provision
Please see the attached note from Superfast South Yorkshire regarding the Broadband provision
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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