| 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 undertaken before
development can start. Condition 11 of this permission requires matters to be
undertaken before development works begin; however, in this instance the
condition is justified because the works required under condition 11 are
fundamental to the acceptability of the development.
01
The development hereby permitted shall be commenced before 19 January
2025.
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 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)
(Proposed Site and Location Plan 0400E
(Proposed Plot 01 0401B)
(Proposed Plot 02 0402B)
(Proposed Plot 03 0403B)
(Proposed Plot 04 0404B
(Proposed Plot 05 0405B)
(Proposed Plot 06 0406B)
(Proposed Plot 07 0407B)
(Proposed Garage 0408B)
Reason
To define the permission and for the avoidance of doubt.
03
No development above ground level shall take place until details of the
materials to be used in the construction of the external surfaces (including
windows, doors & garage doors) 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
Drainage
04
Construction of dwellings shall not begin until the final foul and surface water drainage scheme for the site, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the construction details and shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall demonstrate:
• The limitation of surface water run-off to equivalent greenfield rates (i.e. maximum of 5 litres/second/Ha);
• The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus an appropriate allowance for climate change, based upon the submission of drainage calculations; and
• Responsibility for the future maintenance of drainage features.
Reason
To ensure that the development can be properly drained.
Reason
To ensure that the development can be properly drained.
Highways
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 and
in accordance with Local Plan Policy.
06
Prior to the occupation of the dwellings, details of one vehicle charging point
per dwelling shall be submitted to and approved by the local planning
authority. The dwellings 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
07
Before the development is brought into use the sight lines indicated on Drg No
0401 – Proposed Site with Visibility Splays shall be rendered effective by
removing or reducing the height of anything existing on the land between the
sight line and the highway which obstructs visibility at any height greater than
900mm above the level of the nearside channel of the adjacent carriageway
and the visibility thus provided shall be maintained.
Reason
In the interests of road safety.
08
Visibility splays 2.4 m x 59 m shall be provided at the site access to Worksop
Road. The visibility splay shall be provided prior to the commencement of
works on site and shall form part of the adopted highway.
Reason
In the interests of road safety
09
Before the road construction is commenced road sections, constructional and
drainage details shall be submitted to and approved by the Local Planning
Authority, and the approved details shall be carried out before the
development is brought into use.
Reason
In the interests of road safety.
10
Prior to the occupation of the dwellings hereby approved, 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
In order to promote sustainable transport choices.
11
When the proposed access has been brought into use, the existing access to
the site shall be permanently closed and the footway / kerbline reinstated inaccordance with details to be submitted to and approved by the Local
Planning Authority.
Reason
In the interests of road safety.
Trees and Landscaping
12
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 220315a MS, 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 220315a MS, 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.
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 in
accordance with Rotherham’s Core Strategy Policies CS3: Location of New
Development, CS19: Green Infrastructure, CS20 Biodiversity and
Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
13
A detailed landscape scheme shall be submitted to, and approved in writing
by, the Local Planning Authority. The landscape scheme shall be prepared to
a minimum scale of 1:200 and shall 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.
-Written details of the responsibility for maintenance and a schedule of
operations, including replacement planting, that will be carried out for a period
of 5 years after completion of the planting scheme.
The scheme shall thereafter be implemented in accordance with the approved
landscape scheme within a timescale agreed, in writing, by the Local Planning
Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in
the interests of amenity
14
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.
15
No tree or hedgerow shall be cut down, uprooted or destroyed nor shall any
tree or hedgerow be pruned other than in accordance with the approved plans
and particulars, as set out in the Arboricultural Method Statement dated
20/04/21, without the written approval of the Local Planning Authority. Any
pruning works approved shall be carried out in accordance with British
Standard 3998 (Tree Work). If any tree or hedgerow is removed, uprooted or
destroyed or dies, another tree or hedgerow shall be planted in the immediate
area and that tree or hedgerow shall be of such size and species, and shall be
planted at such time, as may be specified in writing by the Local Planning
Authority.
Reason
In the interests of the visual amenities of the area
Ecology
16
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 protectnesting bird interest on site. Any such written confirmation should be
submitted to the local planning authority.
Reason
In the interest of ecology
17
Notwithstanding the submitted details, before above ground works commence
details of external / internal lighting 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.
Reason
In the interest of ecology
18
No development shall commence until Biodiversity Enhancement &
Management Plans (BEMPs) for the site has been submitted to and approved
in writing by the Local Planning Authority. The Plans
shall provide a:
i) 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
ii) Extent and location/area of proposed enhancement works on appropriate
scale maps and plans;
iii) Aims and Objectives of management;
iv) Appropriate Management Actions for achieving Aims and Objectives;
v) 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 sites.
19
All ecological measures and/or works shall be carried out in accordance with
the details contained in the Ecological Impact Assessment, Witcher Wildlife,
March 2023 in section 4 as already submitted and approved.
Reason
To ensure no net loss in biodiversity across the sites in accordance with Local
Plan Policy SP33.
Informatives
01
Wildlife Legislation
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.
02
Nesting bird
Site clearance should ideally be outside of the bird nesting season. If
vegetation clearance is required in the bird nesting season (March-August)
then a qualified ecologist should be employed to check the area first and
ensure that no nesting species are present. No works can take place whilst
birds are actually nesting.
03
Gigabit-capable full fibre broadband: 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
Any development of the land to the west will be assessed against the overall
site in terms of matters such as affordable housing.
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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