| Conditions / Reason for Refusal: |
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 site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below)
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 provided in the submitted application form/shown on the approved plans. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Local Plan Policy.
04
Prior to the commencement of any works (including demolition) on each site, a Construction Environmental Management Plan (CEMP) shall be provided to 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 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
- Site layout
- Operational hours
- Expected duration of demolition and construction work phases
• Site Management
- Contact details of site manager for public liaison purposes
- Complaints procedure
- Roles and responsibilities
• Routes for Construction Traffic
- Routes to be used for access onto site and egress
- One way systems
- Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
- Delivery access point details
- Location details of storage areas
- Delivery times of materials and plant
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Dust suppression measures -General and machinery
- Wheel wash facilities
- 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
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery
- Mitigation measures for noisy operations
- Operational hours
- One way systems
- Vehicle reverse alarms
- Leaflet drops to noise sensitive premises
• 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
• Waste Management
- Waste storage
- Waste collection
- Recycling
- Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with Part 15 of the NPPF and RMBC Policy SP52.
05
Details of refuse stores shall be submitted and approved by the Local Planning Authority. The approved details for each building shall be provided on site before each building is brought into use.
Reason
In the interest of visual amenity
06
No external artificial lighting shall be installed on any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include the following information:
• The proposed hours of operation of the lighting
• The location and specification of all of the luminaires
• The proposed design level of maintained average horizontal illuminance for the areas that needs to be illuminated.
• The predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity.
• The 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.
• The methods of switching and controlling the lighting so that it is only operated at the permitted times and at times when it is required.
Regard shall be had to the guidance detailed in the Institute of Lighting Professionals – Guidance Note 01/21 – Reduction of Obtrusive Light.
Reason
To safeguard the amenities of the occupiers of nearby properties and to protect wildlife in accordance with part 12 and 15 of the NPPF and RMBC Policy SP52.
Transport
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 to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety.
08
Before the development is brought into use the car parking area shown on the approved plan shall be provided, marked out and thereafter maintained for car parking.
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.
09
The measures contained within the Framework Travel Plan dated December 2019
(associated with the approved permission RB2019/1998) shall be fully implemented
during the lifetime of the development.
Reason
To promote sustainable forms of transport
10
Prior to the development being brought into use, details of electric vehicle charging points of at least 20% of the total number of parking spaces shall have been submitted to and approved by the local planning authority. No building shall be brought into use until the charging points for that building have been provided, and they shall be thereafter retained.
Reason
In the interests of sustainable development and air quality
Landscaping and Trees
11
Prior to commencement of above ground development, 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 for the lifetime of the development, 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 and in accordance with the appropriate standards and codes of practice 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 minimising the visual impact of the development upon the adjacent Green Belt.
12
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 within the next planting season. 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 and minimising the visual impact of the development upon the adjacent Green Belt.
13
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees and hedgerows has been submitted and its installation on site has been approved in writing by the Local Planning Authority.
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 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 (unless otherwise agreed by 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 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.
Land Contamination
14
Prior to above ground works commencing, a Phase II Intrusive Site Investigation shall be undertaken to assess the geotechnical and geo-environmental constraints at the site. Ground gas monitoring is required to be undertaken as part of these works. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced and will be subject to approval in writing by this 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 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.
15
Subject to the findings of item 1 above and prior to development commencing, a Remediation Method Statement shall be provided and approved by this Local 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.
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.
16
Subject to the findings of item 1 above and 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, 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.
17
Post construction, a Gas Verification Report is to 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.
18
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.
19
Post construction, if subsoil/topsoil is required to be imported to site for remedial works/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.
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
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.
General Amenity
21
During the hours of 07.00 to 23.00, the BS4142 rating level, measured over 1 hour, shall not exceed the background sound level by no more than 0dB above the prevailing background (LA90) at the nearest noise sensitive properties. During the hours of 23.00 to 07.00 the BS4142 rating level, measured over 5 minutes shall not exceed the prevailing background sound level by no more than 0dB above the background (LA90) at the nearest existing noise sensitive properties.
Reason
In the interest of residential amenity and in accordance with Local Plan policies
22
No noise generating plant including mechanical ventilation or refrigeration/air conditioning, extraction plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The details shall include a BS4142:2014 noise assessment by a competent person and shall detail any mitigation measures, physical or operational, to achieve a rating noise level which does not exceed the background noise level. Any mitigation measures identified in the report shall thereafter be implemented in their entirety and retained for the life time of the development.
Reason
In the interest of residential amenity and in accordance with Local Plan policies
23
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 connected with any process undertaken on the premises without the prior written approval of the Local Planning Authority.
Reason
In the interest of residential amenity and in accordance with Local Plan policies
Ecology
24
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 should be submitted to the local planning authority.
Reason
In the interest of protecting ecology.
25
All ecological measures and/or works shall be carried out in accordance with the details contained in [Landscape and Ecological Management Plan, Weddle Landscape Design, [August 2023] and in Section 3 of [Ecological Addendum, Weddle Landscape Design, August 2023] as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.
Reason
In the interest of biodiversity enhancement and in accordance with Local Plan policies
Sustainability
26
The building hereby approved shall be designed and constructed to achieve BREEAM Very Good rating as a minimum unless it can be demonstrated that it would not be technically feasible or financially viable.
Reason
To achieve a sustainable form of development in accordance with the Local Plan.
Telecommunications
27
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 for Condition:
In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF
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
Broadband provision
Please see the attached note from Superfast South Yorkshire regarding the Broadband provision
03
Nature 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.
04
The applicant is advised that the application site is in close proximity to land that may be required to construct and/or operate Phase 2b of a high-speed rail line from Crewe to Manchester and the West Midlands to Leeds, known as High Speed Two. Powers to construct and operate High Speed Two are to be sought by promoting a hybrid Bill in Parliament. More information can be found at: https://www.gov.uk/government/organisations/high-speed-two-limited.
Of course the above comments are all predicated in context of the Government’s published Integrated Rail Plan (IRP) and what it means for the HS2 project in this part of South Yorkshire. The IRP itself can be found at: https://www.gov.uk/government/publications/integrated-rail-plan-for-the-north-and-the-midlands and sets out the following proposals:
• Complete HS2 from Crewe to Manchester, with new stations at Manchester Airport and Manchester Piccadilly. A hybrid Bill for the route from Crewe to Manchester has been deposited, which will seek the legal powers to construct and operate the new high-speed railway.
• A new high-speed line between Birmingham and East Midlands Parkway. Trains will continue to central Nottingham, Derby and Sheffield on an upgraded and electrified Midland Main Line.
• The Government will also progress options to complete the Midlands Rail Hub and spend £100 million to look at how best to take HS2 trains to Leeds, including assessing capacity at Leeds station and starting work on the West Yorkshire mass transit system.
Depending on the outcome of this work, Government will consider updating safeguarding as required but at this time we do not expect any changes to safeguarding which will remain unless or until different plans are confirmed. Safeguarding Directions are kept under review anyway and are updated periodically to reflect the latest route design. They can also be removed if necessary and safeguarding can apply route-wide or in specific locations.
Our community engagement teams remain in place to support stakeholders at this time of uncertainty and if there are any queries in relation to any of the above comments, please contact me at this mailbox address: town.planning@hs2.org.uk.
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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