| 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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans:
2004-1 Site Location Plan
2004-5c Building Plans and Elevations
2004-6 Site as Existing
2004-7a Planning
2004-8 Petrol Canopy Detail
2004-9 Wash Bay Details
2004-10 LV Electric Kiosk
2004-11 Proposed Site Elevations
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. 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.
Construction Environment Management Plan
04
Prior to any work commencing on site (including demolition), 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
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage areas
o Delivery times of materials and plant
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o 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
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Electric Vehicle Charging Points
05
Prior to the site being first brought into use, the 4 EV charging points indicated on the approved plans shall be installed. These charging points shall be rapid charging points, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interests of air quality and to provide users of the site with rapid EV charging.
Highways
06
Before the development is brought into use, the northern access (nearest to the Canklow roundabout) shall be signed or marked ‘In Only’ and the southern access signed or marked ‘Out Only’ in accordance with details to be submitted to and approved by the Local Planning Authority. The accesses shall thereafter be used as a one way system only.
Reason
In the interest of highway safety
07
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interests of highway safety.
08
Before the development is brought into use, that part of the site to be used by vehicles shall be properly 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.
All to the satisfaction of the Local Planning Authority and 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.
Landscapes
09
Landscaping of the site as shown on the approved plan (drawing no. 2004-7a) shall be carried out during the first available planting season after commencement of the development. 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
Restrictions
10
The retail sales and food offer areas as shown on the approved plans shall be used for Class E (a) uses only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, as amended.
Reason
The premises are not considered suitable for general use within the Class quoted to allow a full assessment of the potential impact of other Class E uses on the vitality and viability of Rotherham Town Centre.
Land Contamination
11
Following demolition of all structures and prior to above ground works commencing, a Phase II Intrusive Site Investigation shall be undertaken to assess the geotechnical and geoenvironmental constraints at the site complete with ground gas monitoring. 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.
12
Subject to the findings of item 1 above and prior to above ground works 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. The approved Remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The Local Authority must be given two weeks written notification of commencement of the remediation scheme works.
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.
13
If required 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.
14
If required and 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.
15
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.
16
Following completion of any remedial/ground preparation works a Validation Report will be forwarded to this Local Authority for review and comment. The Validation 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 postremedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the validation 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 validation 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.
17
The development hereby permitted may not commence until such time as a scheme to install, modify or use the current underground tanks has been submitted to, and approved in writing by, the local planning authority. The scheme shall include the full structural details of the installation, including details of: the excavation, the tanks, tank surround, associated pipework and monitoring system. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme, or any changes subsequently agreed, in writing, by the local planning authority.
Reason
To ensure that the underground storage tanks do not harm the water environment in line with paragraph 174 of the National Planning Policy Framework and Position Statement D1 of the ‘The Environment Agency’s approach to groundwater protection’ - ‘General principles of pollutant storage and transmission’.
Geology
18
No development, including any demolition, groundworks or site preparation works, shall take place until the applicant, or their agent or successor in title, has submitted to the Local Planning Authority a report detailing what mitigation measures will be undertaken during the demolition and construction to protect the adjacent Regionally Important Geological Site. The approved details shall be implemented during the construction and demolition phase.
Reason
In order to protect the Regionally Important Geological Site.
19
Following the demolition of the buildings on site, the method of recording the exposed Regionally Important Geological Site shall be agreed in writing by the Local Planning Authority. The recording shall take place in accordance with the approved details within an agreed timescale.
Reason
In order to protect the Regionally Important Geological Site.
Neighbouring Amenity
20
The combined noise from any fixed mechanical services and external plant and equipment shall be effectively controlled so that the combined rating level of noise from all such equipment does not exceed the maximum cumulative ‘free-field’ plant noise rating levels at nearby dwellings as specified in table 6 of the noise impact assessment (as replicated below) undertaken by Acoustic Consultants Ltd, dated 21st April 2023 (ref: 10195/SF/BL). The cumulative rating sound level of the plant unit(s) should account for any reasonable character corrections, i.e., tonality, intermittency, impulsivity, and other sound characteristics.
Before any fixed mechanical services and external plant and equipment is brought to use a noise validation assessment shall be carried out by a suitably competent person using the methodology as specified in BS4142:2014+A1:2019 to ensure the compliance with the above table.
If it cannot be demonstrated that the sound levels as detailed in table 6 have been achieved, a further scheme incorporating further measures to achieve those sound levels shall be submitted to and approved in writing by the Local Planning Authority. All works comprised within those further approved measures shall be completed and written evidence to demonstrate that the aforementioned sound levels have been achieved shall be submitted to and approved in writing by the Local Planning Authority before the development is first brought into use.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
21
Deliveries shall only take place between the hours of 07:00hrs – 23:00hrs Monday to Sunday.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
22
The Jet Wash as indicated on the proposed site layout plan dated 20th April 2023 (Drawing 7A) shall only be operated between the hours of 07:00hrs – 22:00hrs Monday to Sunday.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
23
The development shall be occupied for the purpose of operating a food business, serving hot food unless an Odour Impact Assessment including the following information has been submitted to and approved in full by the Local Planning Authority: The report shall:
• Determine the potential of adverse impact on neighbouring premises from the odours associated with cooking;
• Detail the necessary odour mitigation measures that are required to ensure the occupiers of the nearby sensitive premises are not adversely affected by odours associated with cooking; and
• Provide details of an odour abatement system to include; positioning and design of extraction equipment; manufacturers details of the equipment proposed including odour abatement techniques; odour dispersion modelling as necessary to predict impact at sensitive receptors; detailed plans of the odour abatement system including filtration systems, external location of flues and ventilation termination points.
• Carry out all works as identified in the Odour Impact Assessment as agreed with the Local Planning Authority in order to protect nearby sensitive receptors.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
24
Artificial lighting shall be controlled to minimise stray light and glare into nearby sensitive premises. 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. https://theilp.org.uk/publication/guidance-note-1-for-the-reduction-of-obtrusive-light-2021/
The levels of spill light across the boundary must not exceed the recommended maximum levels given in Table 2 of the document ‘Guidance Notes for the Reduction of Obtrusive Light’ by the Institution of Lighting Professionals:2021 for Environmental Zone E3.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
Informative
Environmental Permitting (England and Wales) Regulations 2016
The applicant should be aware that certain industrial activities are regulated under the Environmental Permitting (England and Wales) Regulations 2016. This legally requires that an Environmental Permit be obtained before such an activity is carried out. The activities that may be relevant to this business are as follows:
• The unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any 12-month period is likely to be 500m3 or more (Schedule 1, Part 2, Chapter 1, Section 1.2, Part B (c)).
• Motor vehicle refuelling activities at a new service station (or any existing service station which, on or after 1st January 2012, undergoes a major refurbishment), if the throughput of petrol at that service station in any 12-month period is, or is intended to be in excess of 500m3 (Schedule 1, Part 2, Chapter 1, Section 1.2, Part B (e)).
If further information is required, the applicant should contact the RMBC Community Protection Unit on 01709 823118 or EnvPermits@rotherham.gov.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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