| 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 and as shown on the approved plans (as set out below) and in accordance with all approved documents.
LP01 – Location Plan
SL01 rev P8 – Site Layout Plan
21134-HT-01 B – HL 70 House Type
21134-HT-02 A – HL85 Shared Ownership House Type
21134-HT-03 A – HL85 Affordable Rent House Type
21134-HT-04 A – NT1 Shared Ownership House Type
21134-HT-05 A – NT1 Affordable Rent House Type
21134-HT-06 A – HL71 House Type
MB01 rev C – Boundary Treatment Plan
21134 rev A – EV Charging Location Plan
RS01 rev C – Refuse Strategy
2062-101 – Proposed Bus Stop Works
Reason
To define the permission and for the avoidance of doubt.
02
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 and shown in the Materials Schedule Document, ref: 21134_A_Materials Schedule, dated 8 February 2023. The development shall be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Construction Management Plan
03
The development shall be carried out in accordance with the details contained within the Construction Environment Management Plan dated 06 January 2023, prepared by Hoober Urban Partnerships and the supporting drawing reference CMP_01 rev A. The approved measures shall be implemented throughout the demolition and construction period.
Reason
In the interests of highway safety and residential amenity.
Highways / Transport
04
The details shown on drawing number 2062-101 – Proposed Bus Stop Works shall be implemented before the improved bus stop is brought into use.
Reason
In the interests of highway safety and to improve public transport facilities.
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
Before the construction of roads and dwellings, details of road sections, constructional and drainage shall be 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.
Landscapes and Trees
07
Landscaping of the site as shown on the approved plan (drawing no. DR-5929-01G) shall be carried out during the first available planting season after commencement of the development and maintained for the lifetime 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.
08
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until the scheme for the protection of existing trees and hedgerows, detailed in the Arboricultural Method Statement (Ref: MG/7003/AIA&AMS/REV C/FEB23) with associated Tree Protection (Ref: TBA Drawing: Tree Protection Plan. Drawing No. 7003.02 Revision C. Date: February 2023.) has been installed on site and has been approved in writing by the Local Planning Authority.
All tree protection methods detailed in the Arboricultural Method Statement (Ref: MG/7003/AIA&AMS/REV C/FEB23) with associated Tree Protection (Ref: TBA Drawing: Tree Protection Plan. Drawing No. 7003.02 Revision C. Date: November 2023) 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.
Evidence shall be submitted to the Local Planning Authority show that the development is being carried out in accordance with the approved method statement and tree protection plan. This could include a written record of the project arboriculturist site visits and/or a set of photos of the detailed tree protection fencing in place throughout the duration of the development, as detailed in APPENDIX B – Site Inspection pro-forma of the Arboricultural Method Statement (Ref: MG/7003/AIA&AMS/REV C/FEB23).
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.
Sustainable development/Air Quality
09
Prior to the occupation of a dwelling, the EV charging point for that dwelling shown on drawing number 21134 rev A (EV Charging Location Plan) shall be provided and operational. The EV charging point shall thereafter be retained.
Reason
In the interests of sustainable development and air quality.
Ecology
10
The bat & bird box details shown within the ‘Bat and Bird Box Plan’ document, prepared by Brooks Ecological (ref: ER-5929-02B) shall be implemented prior to the occupation of the dwelling which they are located on, or prior to the completion of the development for those not sited on properties. The Hedgehog Provision set out in the same document shall be implemented prior to the site being completed. All measures shall thereafter be retained and maintained.
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981 and to mitigate the loss of a small number of sub-optimal roosting features.
11
The mitigation measures set out within Section 6 of the submitted Bat Survey Report dated 12th August 2022, prepared by Whitcher Wildlife Ltd. (ref: 220327) shall be implemented in full.
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
12
Prior to any lighting being installed on the site, a “lighting design strategy for biodiversity” for the development shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall:
a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and
b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.
All external lighting shall be installed in accordance with the specifications and locations set out in the strategy before the development is complete, and they shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority.
Reason
To ensure that there is no light pollution that could impact on local wildlife and local wildlife sites.
Drainage
13
The drainage works shall be carried out in accordance with the details contained within the submitted Drainage Technical Note document, prepared by Alan Wood & Partners, dated December 2022 (ref: JAG/CD/JR/46825-Ten001-Rev B), unless otherwise agreed in writing with the Local Planning Authority. The drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin and in accordance with Policy CS25 of the Local Plan.
14
The development shall be carried out in accordance with the details contained within the submitted Flood Risk Assessment, prepared by NeoFlood Ltd (ref: R01A-A60),
Reason
To ensure that the development can be properly drained and will be safe from flooding.
15
The development shall be carried out in accordance with the flood routing details set out in drawing numbers SHR-AWP-ZZ-XX-DR-C-3001_P3 and SHR-AWP-ZZ-XX-DR-C-3002_P3.
Reason
To ensure that the development can be properly drained and will be safe from flooding.
Local Labour Agreement (Constructional Phase)
16
Prior to the commencement of construction works, a Local Labour Agreement relating to the construction phase of the development shall be submitted to and approved in writing by the Local Planning Authority. The scope of the Agreement shall be agreed in writing prior to submission of the formal document. The development shall thereafter be carried out in accordance with the approved Agreement.
Reason
To improve skills in all of Rotherham’s communities through the promotion of access to training, education and local employment opportunities, in accordance with Policy CS10 ‘Improving Skills and Employment Opportunities’.
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.
It is noted that a small pipistrelle roost was identified in the existing dwellinghouse that is to be demolished. Therefore a licence is required before works to demolish the building can lawfully proceed.
03
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.
04
It is recommended that the development is designed and built to Secured by Design standards (www.securedbydesign.com).
05
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Deed of Variation 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
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
|
