| 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 29 and 30 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 29 and 30 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
a. Application for approval of reserved matters must be made within three years of the date of this permission.
b. The development hereby approved must be begun not later than whichever is the later of the following dates:
(i) The expiration of five years from the date of this permission; OR
(ii) The expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
Before the commencement of the development, details of the layout, scale, appearance and landscaping of the site, along with access details within the site, shall be submitted to and approved by the Local Planning Authority and the development shall be carried out in accordance with the approved details.
Reason
No details of the matters referred to having been submitted, they are reserved for the subsequent approval of the Local Planning Authority.
03
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
GD/2022/22.014 - Location Plan
Reason
To define the permission and for the avoidance of doubt.
04
The dwellings shall be designed so that they are a maximum of two-storeys in height.
Reason
In the interests of residential amenity.
05
No above ground development shall take place until details of the materials to be used in the construction of the external surfaces of each phase 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.
06
The proposed site layout shall be designed and constructed in accordance with the South Yorkshire Residential Design Guide including separation distances, private amenity space, internal spacing standards and private drives.
Reason
In the interests of ensuring a high-quality living environment for existing and future residents.
07
A plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved by the Local Planning Authority. The approved boundary treatment shall be completed before the first dwelling is occupied.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
Highways
08
On site car parking shall be provided in accordance with the Council’s minimum car parking standards for new residential development.
Reason
In the interests of highway safety.
09
The first reserved matters application shall be accompanied by a scheme detailing the dedicated facilities that will be provided for charging electric vehicles and other ultra-low emission vehicles for the application site. The scheme shall meet the following minimum standard for numbers and power output:
• A Standard Electric Vehicle Charging point providing a continuous supply of at least 16A (3.5kW) for each residential unit that has a dedicated parking space
Buildings and parking spaces that are to be provided with charging points shall not be brought into use until the charging points are installed and operational. Charging points installed shall be retained thereafter.
Reason
In the interests of sustainable development and air quality.
10
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.
The area shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained in accordance with the Local Plan and the South Yorkshire Interim Local Guidance for Sustainable Drainage Systems.
11
Before the first dwelling is occupied, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.
Reason
To promote sustainable transport modes.
Landscapes
12
Before the first dwelling is occupied, a Landscape scheme, showing location and types of landscape treatment, shall be submitted for approval by the Local Planning Authority. The Landscape scheme should be prepared in accordance with RMBC Landscape Design Guide (April 2014) and shall be implemented in the next available planting season after the final dwelling is complete and shall thereafter be maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
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.
Ecology
14
The reserved matters application shall include a Biodiversity Gain Plan and Management Plan to ensure that there is a minimum 10% net gain in biodiversity within a 30 year period as a result of the development. The net biodiversity impact of the development shall be measured in accordance with the DEFRA biodiversity metric as applied in the area in which the site is situated at the relevant time. The Biodiversity Management Plan shall include 30 year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports.
Reason
In the interests of biodiversity enhancement.
15
Prior to any external lighting being installed with the site, details shall be submitted to and approved in writing by the Local Planning Authority. The details shall clearly demonstrate that lighting will not cause excessive light pollution or disturb or prevent bats or other species using key corridors, foraging habitat features or accessing roost sites.
The details shall include, but not limited to, the following:
• A drawing showing sensitive areas and/or dark corridor safeguarding areas;
• Technical description, design or specification of external lighting to be installed including shields, cowls or blinds where appropriate;
• A description of the luminosity of lights and their light colour;
• A drawing(s) showing the location and where appropriate the elevation and height of the light fixings;
• Methods to control lighting control (e.g. timer operation, passive infrared sensor (PIR));
• Lighting contour plans both horizontal and vertical where appropriate and taking into account hard landscaping, etc.
All lighting shall be installed in accordance with the specifications and locations set out in the approved details before the first dwelling is occupied. These shall be maintained thereafter in accordance with these details. Under no circumstances shall any other external lighting be installed.
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
16
Before above ground works commence, a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes and nesting opportunities for birds shall be submitted to and approved in writing by the Local Planning Authority. The approved details thereafter shall be implemented before the first dwelling is occupied and thereafter retained and maintained for their designed purpose in accordance with the approved scheme.
The scheme shall include, but not limited to, the following details:
• Description, design or specification of the type of feature(s) or measure(s) to be undertaken;
• Materials and construction to ensure long lifespan of the feature/measure
• A drawing(s) showing the location and where appropriate the elevation of the features or measures to be installed or undertaken.
• When the features or measures will be installed within the construction, occupation, or phase of the development.
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
Drainage
17
No building or other obstruction including landscape features shall be located over or within 3 (three) metres either side of the centre line of the water main i.e. a protected strip width of 6 (six) metres, that enters the site. If the required stand-off distance is 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.
Reason
In order to allow sufficient access for maintenance and repair work at all times.
18
The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed.
Reason
In the interest of satisfactory and sustainable drainage.
19
There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:-
a) evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical;
b) evidence of existing positive drainage to public sewer and the current points of connection; and
c) the means of restricting the discharge to public sewer to the existing rate less a minimum 30% reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal and in the interest of sustainable drainage.
20
All subsequent applications for the approval of reserved matters shall be accompanied by details of the foul and surface water and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and 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 development is provided with a satisfactory means of drainage as well as reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.
Construction Management Plan
21
All subsequent applications for the approval of reserved matters shall be accompanied by a Construction Environment Management Plan. The Construction Management Plan shall include:
• details of vehicle routing;
• details of the proposed access to the site for all vehicles associated with the development on the application site;
• traffic management measures during the construction work;
• the location of the site compound and staff parking;
• the location of the storage / loading / unloading of materials;
• measures to deal with dust;
• measures to deal with mud in the highway;
• location of wheel wash facilities;
• details of proposed hours of demolition/construction on/deliveries to the site;
• details of the quality of soil and its movement and temporary storage during construction;
The approved measures shall be implemented throughout the construction period.
Reason
In the interests of highway safety and residential amenity.
Land Contamination
22
All subsequent applications for the approval of reserved matters shall be accompanied by an Intrusive Site Investigation to confirm the nature, presence and extent of contamination across the site and to identify the presence of surface mining workings (i.e. mine shafts, outcrops) and to confirm the risks they present to human health. A scope for investigation works will be forwarded to the Local Authority for review and comment prior to any investigation works commencing. The investigation should include for suitable ground gas monitoring followed by an appropriate ground gas risk assessment.
The above works shall be conducted in line with guidance document ‘Land Contamination Risk Management’ (October 2020) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017).
Reason
To ensure the safe occupation of the site.
23
Prior to above ground works commencing and subject to the findings of condition 22, a Remediation Method Statement shall be submitted to and approved by this Local Authority prior to any remediation works commencing on site. 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 Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure the safe occupation of the site.
24
Subject to the findings of condition 22 and prior to construction, a Detailed Design Report for Gas Mitigation Measures will be provided for review and comment and shall provide details of the identified gas protection measures required, complete with drawings to show how the gas protection measures will fit into the overall building designs.
Reason
To ensure the safe occupation of the site.
25
Post construction, a Gas Verification Report is to be submitted to and approved by the Local planning Authority for each building to confirm that the measures constructed/installed meet the required standards. Inspection reports for each building will be forwarded to the Local Authority for review and comment.
Reason
To ensure the safe occupation of the site.
26
If subsoil/topsoil materials are required to be imported to site for use in garden areas, then these materials will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination and will not present a risk to future users of the site and the environment.
Reason
To ensure the safe occupation of the site.
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 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 the safe occupation of the site.
28
Following completion of any remedial/ground preparation works a Verification Report will be forwarded to the Local Authority for review and comment. The Verification Report shall include details of materials imported to site, copies of chemical analysis reports confirming materials brought to site are free from contamination and will contain Waste Transfer notes if applicable. The site shall not be brought into use until such time as all verification data has been approved by the Local Authority.
Reason
To ensure the safe occupation of the site.
Coal Mining
29
Prior to the submission of the first reserved matters application a scheme of Intrusive Site Investigations, designed by a competent person and adequate to properly assess the ground conditions on the site and establish the risk posed to the development by past coal mining activity (mine entry) shall be undertaken.
All subsequent applications for the approval of reserved matters shall be accompanied by a report of findings arising from the intrusive site investigations and any remedial and / or measures necessary, including the submission of a proposed layout plan which identifies the location of any on-site mine entry (if found present) including an appropriate zone of influence for the mine entry, and the definition of a suitable ‘no-build’ zone.
All remedial works shall be implemented prior to the commencement of the development.
Reason
To ensure that an adequate assessment of the coal mining risks associated with this site has been carried out (as required by the NPPF paras. 183-184). In order to ensure that sufficient information is provided by the applicant to demonstrate to the Local Planning Authority that the site is safe and stable for the development proposed.
Local Labour Agreement
30
Prior to the commencement of development, 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.
In order to satisfy the above and to assist in the Construction Management Plan please note the following:
• Except in case of emergency, no operations shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall be no working on Sundays or Public Holidays. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Planning Authority shall be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
• All machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in British Standard 5228 Code of Practice: 'Noise Control on Construction and Open Sites’.
• At all times during the carrying out of operations authorised or required under this permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
• Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
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.
Guidance regarding lighting issues can be found in the ‘Guidance Note 08/18: Bats and artificial lighting in the UK’ (Institute of Lighting Professionals, 2018).
03
The four South Yorkshire Authorities have committed to ensuring that relevant developments are provided with Gigabit-capable full fibre broadband. Please refer to the attached informative in this respect.
04
The scheme should be designed to meet Secured by Design standards (www.securedbydesign.com)
05
In order to satisfy condition 20 (final drainage) you would be expected to submit information including but not limited to the following:
1. Surface water drainage plans should include the following:
• Rainwater pipes, gullies and drainage channels including cover levels.
• Inspection chambers, manholes and silt traps including cover and invert levels.
• Pipe sizes, pipe materials, gradients and flow directions.
• Soakaways, including size and material.
• Typical inspection chamber / soakaway / silt trap and SW attenuation details.
• Site ground levels and finished floor levels.
2. Surface Water Discharge from Greenfield Site:
• The total surface water discharge from greenfield sites should be limited to green field run- off rates - up to 1 in 100 years storm + climate change. On site surface water attenuation will be required.
• If the greenfield run-off for a site is calculated at less than 2 l/s/ha then a minimum of 2 l/s can be used (subject to approval from the LPA)
3. On Site Surface Water Management:
• The site is required to accommodate rainfall volumes up to 1 in 100 year return period (plus climate change) whilst ensuring no flooding to buildings or adjacent land. The applicant will need to provide details and calculations including any below ground storage, overflow paths (flood routes), surface detention and infiltration areas etc. to demonstrate how the 100 year + 40% CC rainfall volumes will be controlled and accommodated. Where cellular storage is proposed and is within areas where it may be susceptible to damage by excavation by other utility contractors, warning signage should be provided to inform of its presence. Cellular storage and infiltration systems should not be positioned within highway. Guidance on flood pathways can be found in BS EN 752.
4. If infiltration systems are to be used for surface water disposal, the following information must be provided:
• Ground percolation tests to BRE 365.
• Ground water levels records. Minimum 1m clearance from maximum seasonal groundwater level to base of infiltration compound. This should include assessment of relevant groundwater borehole records, maps and on-site monitoring in wells.
• Soil / rock descriptions in accordance with BS EN ISO 14688-1:2002 or BS EN ISO 14689-1:2003 Volume design calculations to 1-in 100-year rainfall + 40% climate change standard. An appropriate factor of safety should be applied to the design in accordance with CIRIA C753 – Table 25.2.
• Location plans indicating position (Soakaways serving more than one property must be located in an accessible position for maintenance). Soakaways should not be used within 5m of buildings or the highway or any other structure.
• Drawing details including sizes and material.
• Details of a sedimentation chamber (silt trap) upstream of the inlet should be included. Soakaway detailed design guidance is given in CIRIA Report 753, CIRIA Report 156 and BRE Digest 365.
5. Written evidence is required from the LLFA / sewerage undertaker / Internal Drainage Board to confirm any adoption agreements and discharge rates.
6. All Micro Drainage calculations and results must be submitted in .MDX format, to the LPA. (Other methods of drainage calculations are acceptable).
06
The applicant should note that Permission is required from the Coal Authority Permit and Licensing Team before undertaking any activity, such as ground investigation and ground works, which may disturb coal property. Please note that any comments that the Coal Authority may have made in a Planning context are without prejudice to the outcomes of a Permit application.
Mine Gas
It should be noted that wherever coal resources or coal mine features exist at shallow depth or at the surface, there is the potential for mine gases to exist. These risks should always be considered by the LPA. The Planning & Development team at the Coal Authority, in its role of statutory consultee in the planning process, only comments on gas issues if our data indicates that gas emissions have been recorded on the site. However, the absence of such a comment should not be interpreted to imply that there are no gas risks present. Whether or not specific emissions have been noted by the Coal Authority, local planning authorities should seek their own technical advice on.
07
In regard to condition 09, please note that:
• A Standard Electric Vehicle Charging Point is one which is capable of providing a continuous supply of at least 16A (3.5kW) and up to 32A (7kW). The higher output is more likely to be futureproof.
• Standard charging points for single residential properties that meet the requirements specified in the latest version of “Minimum technical specification - Electric Vehicle Homecharge Scheme (EVHS)” by the Office for Low Emission Vehicles will be acceptable. Basically, charging points that provide Mode 3 charging with a continuous output of least 16A (3.5kW) and have Type 2 socket outlet would be acceptable.
• The electrical supply of the final installation should allow the charging equipment to operate at full rated capacity.
• The installation must comply with all applicable electrical requirements in force at the time of installation.
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.
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