| 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 8, 18, 19, 28, 31 and 40 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 8, 18, 19, 28, 31 and 40 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 five 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 seven 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, as well as access within the site (beyond the first 30 metres of access from Shrogswood Road), 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 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.
Location Plan
001 Rev A – Access Layout
Reason
To define the permission and for the avoidance of doubt.
04
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.
05
The submission of any reserved matters application pursuant to this outline permission, shall include a schedule of the mix of market and affordable dwellings proposed within that parcel demonstrating how the proposed mix relates to the overall mix of market dwellings within the development site as a whole, taking into account the indicative mix of dwellings detailed within the Masterplan Accommodation Schedule and local knowledge of market demand/outcome of the SHMA. The schedule shall also include, but not limited to:
• the size of all units including market sale and the affordable housing units: social rented/ intermediate tenure including the First Homes offer,
• their type detached, semi-detached, terraced, bungalows, flats
• two/ three storeys,
• number of bedrooms,
• toilets,
• car/cycle parking provision per unit,
• flats etc.
Reason
To ensure that the overall mix of dwellings across the site as a whole is based on the indicative housing mix stated in the Masterplan Accommodation Schedule, which seeks to ensure development contains a mix of residential units providing accommodation in a range of types, sizes and affordability, to meet local needs in compliance with Policy CS7 ‘Housing Mix & Affordability’.
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 and internal spacing standards.
Reason
In the interests of ensuring a high-quality living environment for existing and future residents.
07
The proposed site layout submitted as part any reserved matters application shall include a pedestrian opening a maximum of 1.8 metres wide in the northern boundary of the application site at point X on the attached site layout plan. The plans shall also include measures to prevent motorbikes from utilising the footpath.
Reason
In the interests of sustainability.
General Amenity
08
Prior to any works commencing on site a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP 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 and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below:
• Program and Phasing Details
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage areas
o Delivery times of materials and plant
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site
• Waste Management
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Highways
09
Prior to any above ground development, a scheme for improvements to the Shrogswood Road and East Bawtry Road Junction including right turn lane and signalised pedestrian crossing (based on drg No ADC2703-DR-005 Rev P4) shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to first occupation.
Reason
In the interests of highway safety.
10
Prior to any above ground development, a scheme for improvements to Worrygoose Roundabout, as shown on ADC Drawing no. ADC2703-DR-007-P1, shall be submitted to and approved in writing by the LPA. The approved scheme shall be implemented before the occupation of the 50th dwelling.
Reason
In the interests of highway safety.
11
Prior to any above ground development, a scheme for the reduction of the speed limit to 20mph in Shrogswood Road, Sheep Cote Road and Lathe Road shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation.
Reason
In the interests of highway safety.
12
Car parking shall be provided within the curtilage of each dwelling unit in accordance with the Council’s minimum car parking standards for new residential development.
Reason
To ensure the provision of satisfactory parking spaces and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
13
The proposed on-site layout shall be designed and constructed in accordance with guidance from the South Yorkshire Residential Design Guide and current Manual for Streets.
Reason
In the interests of highway safety.
Sustainable development/Air Quality
14
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.
Drainage
15
The first reserved matters application shall be accompanied by a drainage strategy considering the drainage for the application site and a foul and surface water drainage scheme for the site, including details of any balancing works, off-site works and phasing of the necessary infrastructure.
Construction of roads or dwellings shall not begin until such approval has been received. The strategy shall be based on sustainable drainage principles. The scheme shall include the construction details and shall subsequently be implemented in accordance with the approved details before the development is completed. Until the approved scheme has been fully implemented, temporary arrangements shall be put in place to limit foul discharge to rates agreed by Yorkshire Water and surface water runoff to the approved discharge rates, based on the area of site currently developed. The scheme to be submitted shall demonstrate:
• The utilisation of holding sustainable drainage techniques (e.g. soakaways);
• The limitation of surface water run-off to equivalent greenfield rates
• The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus a 40% allowance for climate change, based upon the submission of drainage calculations; and
• A maintenance plan including responsibility for the future maintenance of drainage features and how this is to be guaranteed for the lifetime of the development.
• If sewage pumping is required from any part of the site, the peak pumped foul water discharge must not 6 (six) litres per second.
Furthermore, unless otherwise approved in writing by the local planning authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.
Reason
To ensure that the development can be properly drained and facilitates a comprehensive drainage scheme for the whole housing allocation in accordance with the Local plan and the NPPF.
16
The first reserved matters application shall be accompanied with a flood route drawing. The drawing shall show how exceptional flows generated within or from outside the site will be managed, including overland flow routes, internal and external levels and design of buildings to prevent entry of water. Construction of roads or dwellings shall not begin until such approval has been received.
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.
17
The development shall be carried out in accordance with the details shown on the submitted plan, ‘Flood Risk & Drainage Assessment 43104-001 (issue1) prepared by Eastwood and Partners, dated 06/05/22’.
Reason
In the interest of satisfactory and sustainable drainage.
18
No construction works 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.
Levels
19
Prior to the commencement of development, details of existing and proposed finished floor levels of the approved properties and gardens within that phase 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 the Local Plan.
Landscapes and Tress
20
The first reserved matters application shall include a detailed landscape scheme for the application site. The landscape scheme shall cover all plots, landscape buffers and POS areas and shall be prepared to a minimum scale of 1:200 and 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.
• 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.
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.
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.
21
A Green Infrastructure Delivery Plan shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the first dwelling. The Delivery Plan shall be produced for the whole application site for a period of 5 years from completion of the final dwelling. The Plan shall be carried out as approved and any subsequent variations shall be agreed in writing by the Local Planning Authority.
The Delivery Plan shall demonstrate how public realm and green infrastructure management will be delivered to a high standard of safety and quality across the site. Within this plan site management objectives will be identified (these will include but not be limited to landscape, ecology, visitor and recreational management), potential conflicts arising from site management and their resolution and the management, and maintenance regimes required to achieve the objectives given. The delivery plan shall set standards, and schedule work in order to ensure the safe and managed use of the site, the protection of wildlife and supporting habitat, and to promote the continuity of effective management throughout development phases.
Reason
To ensure that the future management maintenance repair and upkeep of the development is delivered to an appropriately high standard of safety and quality across the whole development.
22
Prior to the commencement of any development above ground level, details of a phased scheme of advanced structure planting to provide screen planting to the southern boundary and structure planting along access roads shall be submitted to and approved in writing by the Local Planning Authority. The said planting shall thereafter be implemented in accordance with the approved details within the first available planting season after the first dwelling is occupied.
Reason
To ensure an appropriate standard of visual amenity in the local area.
23
The first reserved matters application shall be accompanied by a suitable scheme (Arboricultural Method Statement) for the protection of existing trees and hedgerows. No operations (including initial site clearance) shall commence on site until the approved protection measures have installed on site.
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 scaled 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
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.
24
The first reserved matters application shall be accompanied by an Arboricultural Impact Assessment. The AIA shall demonstrate that all tree related impacts of the proposed development have been fully considered in line with the standards set out in BS5837, section 5.4. The AIA shall include a scaled site plan that details:
• The position of all trees on and adjacent the site.
• The root protection areas (RPA) of the trees.
• The proposed design layout.
• Trees to be removed to facilitate the development and trees to be retained.
• Other activities potentially damaging to trees (i.e. level changes, removal/creation of hard surfacing, service runs, etc.).
• Areas that can be used for site accommodation, vehicle parking, material storage etc.
• Pruning to retained tree(s)
• Issues to be addressed by an arboricultural method statement (see below), where necessary in conjunction with input from other specialists.
• Assessment of lost tree value because of the proposal and the proposed mitigation
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.
25
The first reserved matters application shall include a suitable scheme of proposed tree planting and pits. The scheme shall include the following comprehensive details of all trees to be planted:
• A scaled plan showing the locations of the new trees (existing trees must also be shown)
• The species and stock size.
• Include details confirming the planting intended to mitigate the tree losses detailed in the AIA.
• An assessment of suitability of planting location in relation to section 61
• Actions taken to mitigate any foreseeable issues i.e. the use of root barriers/deflectors, flexi-paving, appropriate species selection, structured soils, foundations, etc.
• Proposals should be in accordance with British Standard 8545:2014 - Trees: from Nursery to Independence.
• Five year post planting maintenance and inspection schedule.
The approved details shall be implemented within a timeframe to be agreed with 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.
Ecology
26
No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation shall be submitted to the local planning authority.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
27
The first reserved matters application shall include a Biodiversity Net Gain Assessment. The Assessment shall set out how the scheme will result in a positive biodiversity net gain and the approved details shall be implemented before the first dwelling is occupied.
Reason
In the interests of biodiversity enhancement.
28
Notwithstanding the submitted details, before any works commence a biodiversity management and monitoring plan, which outlines how the project will be monitored in respect of biodiversity, shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include:
• A detailed adaptive management plan that sets out how habitats will be created or enhanced and describing the proposed ongoing management for a minimum of 30 years.
• A detailed monitoring plan that will be used to inform ongoing management and assess the progress towards achieving target condition. This should outline surveys that will be used to inform the condition monitoring reports.
• The roles, professional competencies and responsibilities of the people involved in implementing and monitoring the biodiversity net gain delivery.
• Evidence that the necessary resources are available to deliver the proposed biodiversity net gain plan and the ongoing management.
The approved details thereafter shall be implemented prior to the first dwelling being occupied and thereafter retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
In the interests of biodiversity enhancement.
29
Notwithstanding the submitted details, before above ground works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes and holes and nesting opportunities for birds, shall be submitted to and agreed in writing with the Local Planning Authority. The approved details thereafter shall be implemented within a timeframe to be agreed with the Local Planning Authority and shall 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:
i. Description, design or specification of the type of feature(s) or measure(s) to be undertaken;
ii. Materials and construction to ensure long lifespan of the feature/measure;
iii. A drawing(s) showing the location and where appropriate the elevation of the features or measures to be installed or undertaken.
iv. When the features or measures will be installed within the construction, occupation, or phase of the development.
Reason
In the interests of biodiversity enhancement.
30
Prior to any lighting being installed on the site, a Lighting Plan shall be submitted to and approved in writing by the Local Planning Authority. The Lighting Plan shall be carried out in accordance with the guidance contained within the Institute of Lighting Engineers “Guidance Notes for the Reduction of Light Pollution”. The approved details shall be implemented prior to the lights being first switched on.
Reason
To minimise light pollution and reduce the impact on bats.
Land Contamination
31
Prior to construction works commencing further limited Intrusive Site Investigation around TP18 will be undertaken to determine the presence and extent of contamination and any remedial measures that may be required. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority.
The above should be conducted in line with the new 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 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
Foundations at the site should be undertaken in accordance with sections 7.3 – 7.4 of the above report entitled ‘Phase II Geotechnical and Geo-Environmental Site Investigation – Shrogswood South, Whiston, Rotherham – Prepared by Eastwood and Partners Ltd, dated 28 January 2022, reference 43104-001, Issue 2’.
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.
33
If subsoil/topsoil is required to be imported to site for use in garden/landscaped areas, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination. A testing regime shall be approved prior to import of soils to 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.
34
If during development works unexpected historic mining features or 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 shall cease at the site until remedial works have been agreed with the Local Authority and completed at 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.
35
Following completion of any remedial works/import of materials a Validation Report will be forwarded to the Local Authority for review and comment. The Validation 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 validation 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 validation data has been 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.
Soil Strategy
36
The first reserved matters application shall be accompanied by a Soil Strategy for the application site. The Strategy shall demonstrate the sustainable use of soils during the construction and operation stages and include details methods, locations and receptors for the temporary storage and reuse of high quality soils. The development shall thereafter be carried out in accordance with the approved details.
Reason
To promote careful management practices to conserve the character of the borough’s soils.
Waste Management Plan
37
Prior to works commencing above ground level a Waste Management Strategy shall be submitted to and approved in writing by the Local Planning Authority. This Strategy shall include:
1. information on the amount and type of waste that will be generated from the site
2. measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
3. design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
4. measures to minimise the use of raw materials and minimise pollution of any waste;
5. details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
6. construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
7. details on how the development will be monitored following its completion.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Communication
38
Prior to first occupation of a dwelling on this site, information relating to the availability of infrastructure to enable the provision of gigabit capable full fibre broadband should be submitted and approved by the LPA. If the necessary infrastructure is available to enable provision, 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.
Archaeology
39
The first reserved matters application shall be accompanied by an archaeological evaluation of the application site in accordance with a written scheme of investigation that has been submitted to and approved in writing by the local planning authority. Drawing upon the results of this field evaluation stage, a mitigation strategy for any further archaeological works and/or preservation in situ shall be submitted to and approved in writing by the local planning authority and then implemented.
Reason
To ensure that the site is archaeologically evaluated in accordance with an approved scheme and that sufficient information on any archaeological remains exists to help determine any reserved matters.
Local Labour Agreement
40
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’.
Informatives
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.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
03
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.
04
The proposed development lies within an area which is likely to contain features of geodiversity interest. In accordance with Policy CS20 ‘ Biodiversity and Geodiversity’ of the Adopted Core Strategy, RMBC strongly advises that any excavations into natural ground, superficial deposits and bedrock carried out in the course of development works should be examined by a competent geoscientist so that any features of geodiversity interest that may be present can be recorded. Sheffield Area Geology Trust can advise on geodiversity features that are expected to be present and their documentation and conservation email sageologytrust@gmail.com
05
The granting of this permission does not override any requirement to provide a turning head for a fire appliance in accordance with any Building Regulations submission.
The applicant / developer is advised that access for fire appliances should comply with the Building Regulations 2010, Approved Document B5 “Access and Facilities for the Fire Service.”
South Yorkshire Fire and Rescue is keen to promote the benefits of sprinkler systems to protect lives, property and the environment. As such it is recommended that this is allowed for when determining the water supply requirements for the site.
06
The detailed design of the development should look to achieve Secured by Design accreditation. SY Police ALO has advised as follows:
• The properties that overlook the public open space/footpath will require defensible space between them and the public open amenity areas.
• The pedestrian access points to the public open space/ footpath should be reduced as they create escape routes for potential criminals, they should also be more pronounced and controlled.
• The open space should be as overlooked as possible with as many houses utilising gable end and dual aspect windows.
• The shared driveways must be as well-lit as the main highways. The properties at the end of the shared driveways will be reliant on street lighting, without it these areas will be very intimidating – good lighting is key.
More information can be found at: www.securedbydesign.co.uk
07
The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority
08
In respect of condition 18 Yorkshire Water have stated the following:
1.) A 6 inch diameter cast iron water main is laid within the site boundary outside 8 to 10 Shrogswood Road which will be affected by the proposed new road layout and access to the site.
a.) The line of the main will have to be determined on site under Yorkshire Water supervision. The applicant should contact the Area Office.
The main could be diverted at the developer's expense.
b.) A private 2 inch diameter supply to the Sitwell Park Golf Club is laid in the eastern edge of their access road, which may be affected by the development.
09
If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he/she should contact our Developer Services Team (telephone 03451 208 482, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Code for Adoption - a design and construction guide for developers' as supplemented by Yorkshire Water's requirements.
10
In regard to condition 14, 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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