| Conditions / Reason for Refusal: |
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 4 & 19 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 4 & 19 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 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)
• Site Location Plan 2108/PA/01 Rev A
• Proposed Block Plan 2108/PA/03 Rev D
• Proposed Site Plan 2108/PA/04 Rev D
• Proposed Floor & Roof Plan 2108/PA/05 Rev B
• Proposed Elevations and Sections 2108/PA/ Rev B
• General Arrangement 210229-0000-001 Rev E
• Proposed Substation 2108/PA/07
• East Boundary Stone Gabion Retaining Wall Details 2108/PA/09 Rev B
Reason
To define the permission and for the avoidance of doubt.
03
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 Policy
04
Prior to the commencement of any development a Construction Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Environmental Management Plan shall include:
• details of vehicular routing
• traffic management measures during the construction work;
• measures to deal with dust;
• measures to deal with noise and vibration
• measures to deal with mud in the highway;
• details of any storage on site
• details of loading/unloading of materials/plant;
• details of car parking facilities for the construction staff;
• details of proposed hours of construction on/deliveries to the site;
• details of any lighting;
construction, and such further matters as the Local Planning Authority may consider
necessary.
The approved measures shall be implemented throughout the construction period.
Reason
In the interests of highway safety and residential amenity.
TRANSPORTATION
05
Prior to the first occupation of the development, details of the proposed works
shown in draft form on Drg No 210229-0000-001 Rev E to Highfield Spring
(new junction, central Island in Highfield Spring, realignment of the footway /
cycleway, lighting, lining, pedestrian refuge and signage) shall be submitted to
and approved by the Local Planning Authority. The approved details shall also
be implemented prior to the first occupation of the development.
Reason
In the interest of highway safety
06
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 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.
07
Before the development is brought into use the car parking area shown on the
proposed site 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.
08
Construction of roads shall not begin until road sections, constructional and
drainage details have been submitted to and approved by the Local Planning
Authority, and the approved details shall be implemented before the development is completed.
Reason
No details having been submitted they are reserved for approval.
09
Before the development is first brought into use the Electric Vehicle Charging points shown on the approved site plan shall be provided. Within 5 years of the development being brought into use additional Electric Vehicle Charging points equivalent to 20% of the total parking spaces must be provided.
Reason
In order to promote sustainable transport choices.
10
The Public Right of Way running through the site shall be a minimum width of 1500mm.
Reason
To ensure that the route is maintained at a sufficient width for users
ENVIRONMENTAL
11
Prior to the installation of any external lighting at the site details of a sympathetic lighting scheme shall be submitted to and approved by the Local Planning Authority. No additional security lighting shall be installed, without the prior written consent of the Local Planning Authority. The approved lighting scheme shall be implemented on site before the development is brought into use.
Reason
In the interest of local ecology in accordance with the Local Plan and the NPPF
12
Prior to the building being brought into use full details and locations for 2 bird boxes, 2 bee houses and 1 hedgehog house shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented on site prior to the development being brought into use.
Reason
In the interest of local ecology in accordance with the Local Plan and the NPPF
AMENITY
13
The noise level in any hotel bedroom, with windows closed, from all external sources shall be no greater than 35 dB LAeq,16hours (07:00-23:00) and 30 dB LAeq,8hours (23:00-07:00).
Reason
To safeguard the amenities of the occupiers of the hotel development in accordance with the NPPF.
14
The noise level in any hotel bedroom from fresh air ventilation/MEV/MVHR systems to the room running on its minimum ventilation requirement rate shall not exceed NR25. The system shall be appropriately maintained with filters replaced at appropriate intervals in-line with the manufacturers specification, and a record of all maintenance shall be available for inspection.
Reason
To safeguard the amenities of the occupiers of the hotel development in accordance with the NPPF.
15
A design limit with respect to building services plant shall be no greater than 45 dB LA,Tr (07:00-23:00) and 38 dB LA,Tr (23:00-07:00) at nearby receptors R1, R2, or R3 (Figure 3.1. of the noise assessment report accompanying the application identifies these locations).
Reason
To safeguard the amenities of the occupiers of the hotel development and nearby
properties in accordance with the NPPF.
16
Prior to first occupation written evidence shall be submitted to and approved in writing to the Local Planning Authority which demonstrate that:
a) The indoor ambient noise levels in bedrooms condition have been met.
b) The internal background noise levels in bedrooms have been met.
c) The noise criteria for external building services plant have been met.
Reason
To safeguard the amenities of the occupiers of the hotel development and nearby
properties in accordance with the NPPF.
LANDSCAPE AND TREES
17
Prior to any above ground development taking place, 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 ongoing maintenance (for the lifetime of the development) and a schedule of operations.
The scheme shall thereafter be implemented in accordance with the approved
landscape scheme and in accordance with the appropriate standards and codes of practice 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 with relevant Local Plan policies.
18
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 relevant Local Plan policies.
19
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 Rotherham’s environment, air quality and adapting to and mitigating climate change in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
20
A suitable scheme of proposed tree planting and pits shall be submitted to and approved by the Local Planning Authority prior to the first use of the development hereby approved. The scheme shall include the following comprehensive details of all trees to be planted:
• Full planting specification - tree size, species, the numbers of trees and any changes from the original application proposals.
• Locations of all proposed species.
• Comprehensive details of ground/tree pit preparation to include:
o Plans detailing adequate soil volume provision to allow the tree to grow to
maturity
o Engineering solutions to demonstrate the tree will not interfere with structures (e.g. root barriers/deflectors) in the future
o Staking/tying method(s).
o Five year post planting maintenance and inspection schedule.
All tree planting must be carried out in full accordance with the approved scheme in the nearest planting season (1st October to 28th February inclusive). The quality of all approved tree planting should be carried out to the levels detailed in British Standard 8545, Trees: from nursery to independence in the landscape - Recommendations.
Any trees which die, are removed, uprooted, significantly damaged, become diseased or malformed within five years from the completion of planting, must be replaced during the nearest planting season (1st October to 31st March inclusive) with a tree/s of the same size, species and quality as previously approved.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
DRAINAGE
21
The foul and surface water drainage shall be constructed in accordance with the Flood Risk Assessment (784-B028618, dated: May 2021) and Drainage Strategy (IPW4471/MW/Ver1, dated: May 2021)
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF
22
The development shall not be brought into use until the development of the drainage infrastructure (RB2021/1745), as outlined in the following technical note and drawing, is fully completed:
• Drainage Strategy Technical Note 784-A042756-4
• Proposed Drainage Plan WHC1-TTE-00-ZZ-DR-D-0100-P03
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF
23
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.
Reason
In the interest of public health and maintaining the public water supply
LAND CONTAMINATION
24
All foundation works are to be undertaken in accordance with Section 7, subsections 7.3 - 7.5 of the report entitled ‘Phase 2 Geo-Environmental Site Investigation – Waverley HC1 North - prepared by RSK Environment Ltd, dated August 2021, reference 350416-R02 (00).
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.
25
Prior to above ground works commencing and the findings of the addendum gas risk assessment report, a Detailed Design Report for Gas Mitigation Measures shall be submitted to 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.
26
Installation of the gas protection measures shall be verified in accordance with the approved Detailed Design Report for Gas Mitigation Measures and a Verification 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.
27
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 Planning Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
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
Due to elevated sulphate concentrations being detected, buried concrete for the site should be designed to a design sulphate classification of DS-1 for made ground, with a corresponding ACEC class of AC-1. The design sulphate classification used will be evidenced within a Verification Report for the site.
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
If subsoil/topsoil is required to be imported to site for remedial 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.
30
Prior to above ground works commencing, details of suitable water supply pipes shall be specified and approved in writing by the Local Planning Authority to ensure resistance from chemical attack from residual contaminants remaining within the made ground. The use of the approved water supply pipe will need evidencing within a Verification Report for the site.
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
Following completion of any remedial/ground preparation works a Verification Report shall be submitted and approved by the Local Planning Authority. The Verification 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 verification 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 verification 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.
SUSTAINABILITY
32
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.
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
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.
|
