| 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 20, 25, 29, 32, 33 and 34 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 20, 25, 29, 32, 33 and 34 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.’
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 appearance, landscaping, layout and scale of 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 premises shall only be used for uses within Use Class B2, B8, E(g)(ii) and E(g)(iii) only and for no other purposes within Class E.
Reason
The site is allocated for employment purposes. No information has been submitted to allow for an assessment of an unrestricted E use outside of a defined centre as required by the NPPF.
04
The detailed elevational drawings and internal layout plans to be submitted in accordance with the requirements of this permission shall indicate buildings at a maximum of 12m in height.
Reason
To minimise potential dominance to the surrounding areas including the more open land to the south.
05
No part of the land other than that occupied by buildings shall be used for the storage of goods, components, parts, waste materials or equipment.
Reason
To prevent the land from becoming unsightly in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design.
Highway conditions
06
Before the development is brought into use the visibility splay indicated on the Drg No AMA-20907-SK014- 2.3 Rev P02 and AMA-20907-SK014- 1.3 Rev P02 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. The visibility splay
shall form part of the adopted highway.
Reason
In the interests of good visibility and road safety.
07
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 the development can be reached conveniently from the footway in the interests of the adequate drainage of the site and road safety.
08
Before the development is commenced road sections, constructional and
drainage details shall be submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason
In the interests of road safety
09
Prior to the commencement of works details of the proposed vehicle access, new
road lining layout and red surfacing material, amended speed limit including new
gateway feature and a mobile vehicle activated sign as indicated in draft form on
plan reference AMA-20907-SK014- 1.3 Rev P02, AMA-20907-SK014- 2.3 Rev P02
and AMA-20907-SK014- 3.3 Rev P02, have been submitted to and approved by the
Local Planning Authority and the approved details shall be implemented before the
development is brought into use.
Reason
In the interests of road safety
10
Before the proposed development is brought into use, a Travel Plan shall have
been submitted to and approved by the Local Planning Authority. The plan shall
include clear and unambiguous objectives, modal split targets together with a time
bound programme of implementation, monitoring and regular review and
improvement. The Local Planning Authority shall be informed of and give prior
approval in writing to any subsequent improvements or modifications to the Travel
Plan following submission of progress performance reports as time tabled in the
programme of implementation.
Reason
In order to promote sustainable modes of travel.
11
Parking will be provided across the development in accordance with the parking
space requirements in line with standards set out in the Councils parking standards
SPD12, or those standards that apply at the time.
Reason
In order to provide a sufficient level of parking and in accordance with Core Strategy Policy CS28 Sustainable Design.
Drainage
12
Above ground development hereby granted shall not be commence until details of the foul, surface water and land drainage systems 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 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.
13
Unless otherwise agreed in writing, the development should be constructed using a Sustainable Drainage System (SuDS). A detailed explanation of any alternative option and reasons for rejecting a SuDS solution will be required.
Reason
In accordance with Policy CS25 of the Local Plan.
14
The development shall be carried out in accordance with the submitted flood risk
assessment (ref 23 February 2023 / Civic Engineers) and the following mitigation
measures it details:
• Finished floor levels shall be set no lower than 22.96 metres above Ordnance
Datum (AOD)
These mitigation measures shall be fully implemented prior to occupation and
subsequently in accordance with the scheme’s timing/ phasing arrangements. The
measures detailed above shall be retained and maintained thereafter throughout the
lifetime of the development.
Reason
To reduce the risk of flooding to the proposed development and future occupants
Yorkshire Water
15
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.
16
No above ground development shall take place until details of the proposed means of disposal of foul water drainage for the whole site, including details of any balancing works, off-site works and phasing of the necessary infrastructure, have been submitted to and approved by the Local Planning Authority. 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 no foul water discharges take place until proper provision has been made for their disposal.
Environmental Health
17
Fixed Plant
The combined noise from all fixed mechanical services and external plant and equipment shall be effectively controlled so that the combined rating level of noise from all such equipment shall be 3dB below the existing background sound level at any time when measured at the nearest noise sensitive receptors. “Rating Level” and “Background Sound Level” are as defined in BS 4142:2014+A1:2019.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 15 of the NPPF.
Artificial Lighting/Ecology
18
The reserved matters application shall be accompanied by an external lighting plan. External artificial lighting shall be installed and maintained in accordance with the ‘Guidance Notes for the Reduction of Obtrusive Light’ by the Institution of Lighting Professionals: 2021. The lighting shall be maintained following installation and throughout the lifetime of the consent so as not to cause a light nuisance/disturbance to nearby sensitive receptors (as determined by the Local Planning Authority including bats or other species using key corridors, foraging habitat features or accessing roost sites). If lighting is deemed by the LPA to be causing disturbance works shall be carried out to abate the nuisance to the satisfaction of the LPA.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 15 of the NPPF and in the interests of local wildlife.
Pollution Control
19
Elevated soluble sulphate concentrations have been recorded within the made ground across the site. Sulphate precautions comprising DS-4 and AC-4 are to be incorporated into any concrete in contact with the made ground. Confirmation of the use of the design sulphate classes will need to be evidenced in the reserved matters application.
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.
20
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 for each building, 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 in accordance with Policy
SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
21
Post construction, a Gas Verification Report shall be provided 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 in accordance with Policy
SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
22
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 in accordance with Policy
SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
23
Post construction, if subsoil/topsoil is required to be imported to site for areas of soft
landscaping, 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. Following completion of such works a Verification Report should be forwarded to the Local Authority for review and comment.
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.
24
Following completion of any required remedial/ground preparation works a Verification Report should be forwarded to the Local Authority for review and comment. The Verification 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 Verification 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 verification data has been approved by the Local 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.
Coal Authority
25
Prior to the submission of the first reserved matters application a scheme of intrusive site investigations shall be carried out and submitted and approved by the Local Planning Authority. The scheme shall be designed by a competent person and adequate to properly assess the ground conditions on the site and establish the risks posed to the development by past coal mining activity (shallow mining and high walls).
Reason
The undertaking of intrusive site investigations, prior to the commencement of
development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate development of the site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework.
26
As part of the reserved matters application a report of findings arising from the
intrusive site investigations required by condition 25 and any remedial and / or measures necessary, including the submission of the proposed layout plan which identifies the location of any high wall (if found present) and the definition of suitable ‘no-build’ zones shall be submitted. Any remedial and mitigatory measures identified shall be carried out before building works commence on site.
Reason
The undertaking of intrusive site investigations, prior to the commencement of
development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework.
Electric Vehicle Charging Points
27
Before the electrical system is installed a scheme detailing the dedicated facilities that will be provided for charging electric vehicles and other ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall meet at least the following minimum standard for numbers and power output:
• One Standard Electric Vehicle Charging Point providing a continuous supply of at least 16A (3.5kW) for at least 10% of the development.
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 interest of supporting and encouraging low emission vehicles, in the interest of air quality enhancement, to comply with the aims and objectives Chapters 2, 9 and 15 of the National Planning Policy Framework.
BREEAM
28
The Reserved Matters application shall submit a BREEAM assessment report demonstrating that the development will achieve BREEAM 'Very Good' rating as a minimum shall be submitted to and approved, in writing, by the Local Planning Authority. No building shall be occupied until a BREEAM certificate confirming the scheme has achieved “Very Good” has been submitted to and agreed, in writing, by the Local Planning Authority.
Reason
To achieve a sustainable form of development in accordance with Policy SP57 ‘Sustainable Construction’ and the NPPF
Local Labour Agreement construction phase
29
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’
Local Labour Agreement operational phase
30
Prior to the operational use of the land/building(s) hereby approved, a Local Labour Agreement outlining measures to be taken to employ local workers for the operational 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 details.
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’.
Landscaping plan.
31
The detailed plans to be submitted in accordance with this outline permission shall include a detailed landscape scheme. 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 and in accordance with the Local Plan.
32
Prior to the submission of a Reserved Matters application a landscape masterplan/ mitigation plan for the site including details of an appropriate buffer to the LWS and
lagoons area shall be submitted and the principle approved. The reserved matters landscaping details shall be submitted alongside the approved masterplan.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity and in accordance with the Local Plan.
Construction Environmental Management Plan (CEMP)
33
Prior to the development commencing a Construction Environmental Management Plan (CEMP) shall be submitted to and agreed in writing with the Local Planning Authority. The plan shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties and shall provide information in respect of the following matters:
• Program and Phasing Details
- Site layout
- Expected duration of demolition and construction work phases
• Site Management
- Contact details of site manager
- Complaints procedure
- Roles and responsibilities
- Details of public liaison meetings (including details of the frequency of meetings and of those to be invited to the meetings).
• Routes for Construction Traffic
- Routes to be used to and from the site along the road network within the Rotherham Borough.
- Proposed access/egress points onto the site.
- One way systems
- Haul routes (on-site and delivery)
NOTE: Where temporary access is required during the construction phase, these should benefit from separate planning permission if not approved under the host permission. Appropriate S278/S184 Agreements (as appropriate) must be gained from the Highways Authority before any works commence on site.
• Site Access, Storage and Movement of Materials
- Delivery access point details
- Location details of storage areas
- Delivery times of materials and plant
- Location of on site parking and turning provision
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Details of soil and its movement and temporary storage during construction
- Dust suppression measures - General and machinery
- Wheel wash facilities (including details of source of water)
- Road sweeping facilities
- Covering of dusty stockpiles
- Vehicles carrying dusty loads
- Dust monitoring
- Boundary checks
- Monitoring of weather including wind speed and direction, dry conditions etc
NOTE: Regards shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014. In addition, measures shall be taken to minimise mud on nearby public roads, such that road sweepers are only required on these roads in exceptional/emergency circumstances.
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery.
- Mitigation measures for noisy operations
- Operational hours (to include site opening hours, operational hours of workers, and delivery of goods hours).
- One way systems
- Vehicle reverse alarms (white noise reversing alarms should be used as opposed to bleeper alarms, particularly where close to residential properties)
- Leaflet drops to noise sensitive premises
NOTE: Regards shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Artificial Lighting
- Hours of operation of the lighting
- Location and specification of all of the luminaires
- Level of maintained average horizontal illuminance for the areas that needs to be illuminated
- Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity.
- 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.
NOTE: Regards shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
• Waste Management
- Waste storage
- Waste collection
- Recycling
- Waste removal
The agreed CEMP shall be adhered to throughout the construction of the development.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with part 15 of the NPPF and Supplementary Planning Document No.2 Air Quality & Emissions.
Ecology
34
No development shall take place until a reptile mitigation strategy addressing mitigation for reptiles on-site has been submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981 and to mitigate the loss of any habitat features.
35
Notwithstanding the submitted details, before above ground works commence a scheme for on-site biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes 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, 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.
An application for approval of reserved matters which includes “layout" 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 for on-site provision shall include 30 year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports. The processes set out in the S106 will govern the provision of any off-site improvements and the management responsibility for all habitat created as a result of the approved scheme.
Hours of construction
36
Except in case of emergency, operations should not take place on site other than between the hours of 08:00 - 18:00 Monday to Friday and between 09:00 - 13:00 on Saturdays. There should 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 Local Planning Authority should be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
Reason
In the interests of residential amenity of the surrounding areas.
Informatives
Highways
01
You will appreciate that the works for condition 09 will require an Agreement under S278 Highways Act, 1980 and involve the provision of a new vehicle access including new lining and red surfacing material, amended speed limit including new gateway feature and a mobile vehicle activated sign. (This will require the developer to enter into a S278 agreement with the Council, the applicant should contact
david.phillips@rotherham.gov.uk in this regard)
Yorkshire Water
02
Water Supply
1.) 2’ Private water main crosses the site. This will need diverting/disconnecting at the developers expense.
2.) A supply can be made available.
The submitted 'Flood Risk Assessment' 2597 prepared by Civic, dated 23/03/23 is
acceptable. In summary, the report states that
a.) Foul water will discharge to public combined water sewer - more information is required (see sewage treatment comments below)
b.) Sub-soil conditions do not support the use of soakaways
c.) A watercourse exists near to the site - surface water will discharge to this subject to approval by appropriate governing body.
1.) There is a 900mm diameter public combined water sewer recorded crossing the site.
a.) No buildings, or other obstructions, are to be erected within 4 (four) metres is required at each side of the sewer centre-line, no trees planted within 5 (five) metres of this public sewer.
b.) It may not be acceptable to raise or lower ground levels over the sewer, nor to restrict access to the manholes on the sewer.
c.) In this instance, it would appear that the public sewer is unlikely to be affected by
building-over proposals.
2.) There is also a 450mm diameter public combined rising main recorded crossing the site.
a.) No buildings, or other obstructions, are to be erected within 4 (four) metres is required at each side of the sewer centre-line, no trees planted within 5 (five) metres of this public sewer.
b.) It may not be acceptable to raise or lower ground levels over the sewer, nor to
restrict access to the manholes on the sewer. In this instance, it would appear that the public sewer is unlikely to be affected by building-over proposals.
c.) In this instance, it would appear that the public sewer is unlikely to be affected by
building-over proposals.
3.) There is a waste water treatment works (WWTW), under the control of Yorkshire Water, located near to the site.
a.) Vehicular access, including with large tankers, could be required at any time.
4.) The proximity of the existing waste water treatment works (WWTW) to the site may mean a loss of amenity for future residents / workers.
a.) In order to minimise the risk of odour, noise and nuisance, industry standards recommend that habitable buildings should not be located within 400 (four hundred) metres of the existing WWTW.
b.) To reduce the visible impact of the installation, the erection (by the developer) of suitable screening is advised
Sewage Treatment
1.) The site of the proposed development is very close to the operational sewage treatment works. It is possible that future occupiers may experience a loss of amenity as a result and it is strongly recommended that the Environmental Health Authority are consulted for their views on the likelihood and severity of problems before this matter is determined.
2.) There is additional flow capacity available at the receiving WWTW, however this cannot be confirmed until more details are available regarding numbers of occupiers and building purposes.
a.) The developer is required to provide detailed information regarding potential foul
discharge from the site in order that an assessment of treatment capacity can be made.
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.
|
