| 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 04, 05, 06, 09 and 12 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 04, 05, 06, 09 and 12 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.’
Conditions
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
Drawing numbers 397/3A, 397/5 received 23 March 2023
Drawing numbers 397/2B, 397/4C Received 11 May 2023
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details shown on the submitted plans. The development shall thereafter be carried out in accordance with these details.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
04
The development hereby granted shall not begin until details of the foul and surface water drainage for the site have been submitted to and approved by the Local Planning Authority. The approved 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 dwelling.
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.
05
Prior to above ground works commencing, a limited Phase II Intrusive Site Investigation shall be undertaken to assess the geotechnical and geo-environmental constraints at the site. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced and submitted in writing and approved by the Local Planning Authority.
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 in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
06
Subject to the findings of condition 05 above and prior to development commencing, a Remediation Method Statement shall be provided and approved by theis Local Planning Authority prior to any remediation works commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation.
eason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
07
If during development works unexpected significant contamination (including asbestos containing materials) is encountered, the Llocal Pplanning Aauthority 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 the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
08
Following completion of any remedial/ground preparation works a Validation Report should be forwarded to the Local Planning 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 Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
09
Prior to the development works commencing on site, one of the proposed vehicle access crossings shallould be implemented and used as a means of accessing the site. The reason being, in order to ensure that vehicle access across the footway to the site, is appropriate.
Reason
In the interests of road safety.
10
The vehicular access drive shall not exceed a gradient of 5 % for a distance of 2.5 metres measured from the highway boundary and 10 % thereafter.
Reason
In the interests of road safety.
11
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
12
No development shall commence until Biodiversity Enhancement & Management Plans (BEMPs) for the site haves been submitted to and approved in writing by the Local Planning Authority. The Plans shall provide a:
a) Description and evaluation of features to be managed and enhanced; including:
1. Description of new landscape planting incorporating native plant species
2. Gaps of suitable dimensions (130mmx 130mm) should be provided at the foot of permanent perimeter and boundary fences at selected points to permit the movement of hedgehogs around the site post construction.
3. To ensure that holes are kept open ‘Hedgehog Highway’ signage should be provided (sourced by Peoples Trust for Endangered Species and/or British Hedgehog Preservation Society) and secured above the holes.
4. The location and number of bat roosting features should be included within the new residential properties.
5. The location and number of bird nest boxes should be integrated into the new residential properties.
b) Extent and location/area of proposed enhancement works on appropriate scale maps and plans;
c) Aims and Objectives of management;
d) Appropriate Management Actions for achieving Aims and Objectives;
e) An annual work programme (to cover an initial 5 year period);
For each of the first 5 years of the Plans, a progress report shall be sent to the Local Planning Authority reporting on progress of the annual work programme and confirmation of required Actions for the next 12 month period.
The Plans shall be reviewed and updated every 5 years to ensure their aims and objectives are being met. The approved Plans will be implemented in accordance with the approved details.
The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme
Reason
To ensure no net loss in biodiversity across the site.
13
Prior to the occupation of the new dwelling, one vehicle charging point shall be provided as per the approved drawings. The dwelling shall not be occupied until the charging point has been provided and shall thereafter be retained.
Reason
In the interests of sustainable development and air quality in accordance with the Local Plan and the NPPF.
14
The windows in the first floor side elevations of the dwelling hereby approved shall be obscurely glazed and fitted with glass to a minimum industry standard of Level 3 obscured glazing and be non-openable, unless the part(s) of the window(s) which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The window(s) shall be permanently retained in that condition thereafter.
Reason
In the interests of the amenities of the occupiers of adjoining properties.
Informatives
01
In order to discharge condition 04 (drainage details), the applicant is advised that they 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.
RB2023/0433 Rotherham Metropolitan Borough Council
Planning and Regeneration Service
Plan- 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. 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.
02
INF 11A Control of working practices during construction phase (Close to residential)
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 by the following means;
a. 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.
b. 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', and Minerals Planning Guidance Note 11 (1993) 'The Control of Noise at Surface Mineral Workings'.
c. 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.
d. 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.
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.
Positive and Proactive Statement
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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