| Conditions / Reason for Refusal: |
General
01
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):
P18:5202:01 – M, received 17 October 2019
P18-5205-03 – A, received 29 May 2019
P18-5202-04, received 29 May 2019
P18-5202-05, received 29 May 2019
P18-5202-06, received 29 May 2019
P18-5202-07, received 29 May 2019
P18-5202-08, received 29 May 2019
P18-5202-09, received 29 May 2019
P18:5202:10, received 29 May 2019
P18:5202:115 – A, received 29 May 2019
P18:5202:116 – A, received 29 May 2019
P18:5202:117, received 29 May 2019
P18:5202:118, received 29 May 2019
P18:5202:119, received 29 May 2019
P18:5202:120 – A, received 29 May 2019
P18:5202:121 – A, received 29 May 2019
P18:5202:122 - A, received 29 May 2019
P18:5202:123 - A, received 29 May 2019
P18:5202:124 – A, received 29 May 2019
P18:5202:125 - A, received 29 May 2019
P18:5202:126 - A, received 29 May 2019
P18:5202:127 – A, received 29 May 2019
P18:5202:128, received 29 May 2019
P18:5202:129, received 29 May 2019
P18:5202:130 - A, received 29 May 2019
P18:5202:131, received 29 May 2019
P18:5202:132, received 29 May 2019
TW-STD-GAR-1000, received 29 May 2019
TW-STD-GAR-1001, received 29 May 2019
TW-STD-GAR-1002, received 29 May 2019
18181-RLL-19-XX-DR-C-200 D, received 8 October 2019
18181-RLL-19-XX-DR-C-202 C, received 8 October 2019
18181-RLL-19-XX-DR-C-203 D, received 8 October 2019
Reason
To define the permission and for the avoidance of doubt.
Materials
02
The development shall be carried out in accordance with the materials (ref: 20185-MAT Materials Layout) submitted to and approved under RB2020/1084.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
Highways
03
The traffic calming measures in Wentworth Way / Turnberry Way as shown on drawing No 19009/GA/02 rev B shall be implemented prior to the 50th occupation of dwellings.
Reason
In the interests of highway safety.
04
The construction phase of the development shall be carried in accordance with the Construction Management Plan submitted and approved under RB2020/1084 throughout the construction period.
Reason
In the interests of highway safety and residential amenity.
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.
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 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
The construction of road sections, construction and drainage details shall be carried out in accordance with the details (ref: 18181-RLL-19-XX-DR-C-310E, 18181-RLL-19-XX-DR-C-302D and 18181-RLL-19-XX-DR-C-305B submitted to and approved under RB2020/1084.
Reason
No details having been submitted they are reserved for approval.
07
The development shall be carried out in accordance with the Travel Plan submitted to and approved under RB2020/1084. The Local Planning Authority shall be informed of and given prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as time tabled in the monitoring programme. For further information please contact the Transportation Unit (01709) 822186.
Reason
In order to promote sustainable transport choices.
Landscapes
08
The development shall be carried out in accordance with the detailed landscaping scheme (ref: WWD 02B Landscaping Masterplan. WWD 03-09 Planting Details) submitted to and approved under RB2020/1084. The scheme shall be implemented in accordance with the approved landscape scheme and in accordance with the appropriate standards and codes of practice.
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 that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Trees
09
The existing trees and hedgerows to be retained shall be protected throughout the construction phase in line with the details (ref: Tree Protection AMS Wentworth Way AWA2963.B) submitted and approved under RB2020/1084.
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.
Air Quality
10
Each dwelling shall not be occupied until the approved EV charging infrastructure has been provided in accordance with the details submitted and approved under RB2020/1084 and they shall thereafter be retained.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
Ecology
11
The bat and bird box details submitted and approved under RB2020/1084 (ref: SLR Report enclosed 200131_424.06339.00012) shall be implemented prior to each dwelling being occupied and shall thereafter be retained and maintained.
Reason
In order to make adequate provision for species protected by the Wildlife &
Countryside Act 1981and to mitigate the loss of a small number of sub-optimal roosting features.
Land Contamination
12
In the event that during development works unexpected significant contamination 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 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.
13
If subsoils/topsoils are required to be imported to site for gardens and 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. The results of which will need to be presented within a Validation Report.
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
In the event that any site profiling is required, a Site Specific Earthworks specification will be forwarded to this Local Planning Authority detailing the intended excavation works, re-use of materials and placement of fill. A Materials Management Plan should be created compliant with the Definition of Waste Development Industry Code of Practice (Version 2, March 2011) CL:AIRE which will cover all aspects of dealing with the retention of site won soils to be reused on 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.
Archaeology
15
The development shall be carried out in accordance with the Written Scheme of Investigations (WSI) (ref: ASWYAS report 8745_Dinnington TT WSIV4 & Trench locations) submitted and approved under RB2020/1084.
Reason
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
Drainage
16
The development shall be carried out in accordance with The Drainage GA Plan - (18181-RLL-19-XX-DR-C-308) Rev. F 5/11/2020 submitted and approved under RB2020/1108 unless otherwise approved in writing. The development shall not be brought into use until the approved details are implemented
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF.
17
The development shall be carried out in accordance with the flood route drawing (ref: 18181-RLL-19-XX-DR-C-205) submitted and approved under RB2020/1084 and the development shall not be brought into use until the approved details are implemented.
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.
Green Spaces
18
The development in respect of the construction, implementation and subsequent maintenance of the Public Open Space and play areas shall be implemented in accordance with the details submitted and approved under RB2020/1084 (ref: TW Management Co Area Plan and drawing WWD 03-09) and shall thereafter be retained and maintained.
Reason
To ensure the provision of appropriate public open space and play areas and to ensure the long-term sustainability of these areas.
Informative(s)
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.
It is recommended that any vegetation clearance (includes all ground level vegetation as well as standard trees and scrub) undertaken within the site is conducted outside of the breeding bird season (March – end August inclusive) or in accordance with checking surveys undertaken by appropriately qualified ecologists prior to and during the construction phase of the development.
03
In respect of Dinnington FP 13 which runs along the South of the site and Dinnington FP 18 which touches the North corner of the site, should a temporary closure be required during development, or a legal order to divert the paths then you will need to apply to the Council’s Public Rights of Way Officer.
04
In order for the development to achieve Secured by Design standards the following should be taken account of:
• All dwellings should have well defined defensible space around them.
• The footpaths through the development should have as much surveillance over them as possible, utilising gable ends windows.
• All landscape should be kept low below 1m and trees to have no foliage below 2m.
• Public open space must be kept well maintained and be as overlooked as possible.
• Care must be taken to maintain the wildflower meadows as they could quickly become overgrown and unsightly. They could then become a haven for litter and rubbish to gather.
• All residents should be able to view their own vehicles.
• Garage doors should be to LPS 1175 Issue 8:2018 Security rating 1+/A1+ or above.
• Front and back entrances to the dwellings should be well lit with a dusk to dawn sensor light incorporating an LED light source.
• All street lighting should comply with BS5489.
• All rear boundaries should be at least 1.8m high to prevent access into rear gardens.
• 1.8m high gates capable of being locked from both sides with a key, should be used as close to the front of the building line as possible.
• All doorsets allowing direct access into the home and ground floor windows should be to the required standard for Secured by Design.
05
The southern and eastern hedgerow should be retained and gapped-up and managed as part of the development.
06
Any external lighting should follow the Bat Conservation Trust’s advice and be directed inwards and downwards into the site, be placed on the shortest possible poles, be hooded or cowled etc.
07
For the use or reuse of sewer connections either direct or indirect to the public sewerage system the applicant will be required to make a formal application to the Company under Section 106 of the Water Industry Act 1991. They may obtain copies of our current guidance notes and application form from either our website (www.stwater.co.uk) or by contacting our Developer Services Team (Tel: 0800 707 6600).
08
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.
09
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
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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