| 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. Condition numbered 3 of this permission require matters to be approved before development works begin; however, in this instance the condition is 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 3 is 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 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).
(Proposed Site Plan S9/10365-P-07) (Received 24-04-23)
(Proposed Fence S9/10365-P-03) (Received 24-04-23)
(Double Gate S9/10365-P-04) (Received 28-04-23)
(Single Gate S9/10365-P-05) (Received 28-04-23)
Reason
To define the permission and for the avoidance of doubt.
03
No operations (including initial demolition) shall commence on site in connection with development hereby approved until the scheme for the protection of existing trees, detailed in the Arboricultural Method Statement, provided by Jon Oliver Arboriculture, dated 05/08/2022 (ref Tree Survey Milton School S64 8QG) 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 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 Local Plan Policies.
04
All gates shall be hung so as not to encroach onto the public highway when opening.
Reason
To prevent the public highway being blocked.
Positive and Proactive Statement
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority for this development, the proposals were in accordance with the principles of the National Planning Policy Framework and following clarifications did not require any further alterations or modification
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