| 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 03 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 03 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
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 PL_02, PL_03, PL_04, PL_05, PL_06,PL_07, PL_08, PL_09, PL_10, PL_11, PL_12, PL_13, PL_14 received 18 April 2023
Drawing numbers PL_15, PL_16 Received 11 May 2023
Reason
To define the permission and for the avoidance of doubt.
03
The development, other than demolition and clearing of the site, 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.
04
If stone/subsoil/topsoil is required to be imported to site to raise site levels, then these materials will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination. The results of testing shall be forwarded to the Local Authority in the form of a Validation Report 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.
05
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 Planning 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.
06
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided by email on 4 July 2023. 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.
07
The windows in the 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.
08
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
09
Before the development is brought into use, a Landscape scheme, showing location and types of landscape treatment, shall be submitted for approval by the Local Planning Authority. The Landscape scheme should be prepared in accordance with RMBC Landscape Design Guide (April 2014) and shall be implemented in the next available planting season and maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity and biodiversity.
10
Prior to the occupation of the 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 it shall thereafter be retained.
Reason
In the interests of sustainable development and air quality in accordance with the Local Plan and the NPPF.
Informatives
01
In order to discharge condition 03 (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.
? 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
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.
03
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.
Positive and Proactive Statement
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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