| 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 04, 11, 20, 30, 43 & 45 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 04, 11, 20, 30, 43 & 45 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.’
General
01
a. Application for approval of reserved matters must be made within three 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 five 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 layout, scale, appearance and landscaping 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 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 and as shown on the approved plans (as set out below)
2022-023 004 rev A – Site Location Plan
2022-023 005 rev A – Parameters Plan
2022-023 010 rev J – Indicative Site Layout
Reason
To define the permission and for the avoidance of doubt.
Materials
03
No above ground development shall take place on any building(s) until details of the materials to be used in the construction of the external surfaces of the building(s) hereby permitted have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. The development of that area or sub area shall thereafter be carried out in accordance with the approved details/samples.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
Construction Environment Management Plan
04
Prior to any works commencing on site a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP 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, including storage, loading and unloading of materials and plant
o One way systems
o Haul routes (onsite and delivery)
o Car parking facilities for the construction staff.
• 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.
Highways
05
Before each building is brought into use, that part of the site associated with the building 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.
06
Before the construction of any roads within the application site boundary is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
No details having been submitted they are reserved for approval.
07
Prior to the occupation of each building(s), a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.
Reason
In order to promote sustainable transport choices.
08
Car parking shall be provided within the curtilage of each building in accordance with the Council’s maximum car parking standards as set out in SPD 12 ‘Transport Statements, Travel Plans and Parking Standards’.
Reason
In the interests of highway safety.
Air Quality and Emissions
09
Prior to each building being brought into use details of the provision of electric vehicle charging point infrastructure (cabling routes) to serve every car parking space and a minimum of 20% of parking spaces to have charging points for each building shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details on the number, specification, location and maintenance schedule for electric vehicle recharge infrastructure. The approved details shall be implemented prior to each building being brought into use and shall thereafter be retained and maintained.
Reason
In the interests of climate change and improving air quality and emissions.
General Amenity
10
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 +A1:2019 noise assessment and 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to achieve no more than 0dB(A) above the prevailing background levels, outside the boundary of the nearest noise sensitive property during the quietest measured period.
Reason
To safeguard the amenities of the occupiers of nearby properties.
Landscapes
11
Prior to the submission of a Reserved Matters application(s), a Landscape Masterplan / Landscape Strategy should be prepared and submitted for approval by the Local Authority. Such a plan should include the details, quantity, and broad types of landscape treatment within all the perimeter landscape buffers and Landscape / Biodiversity Net Gain areas indicated on the parameter plan together with a strategy for the individual plot landscaping. All subsequent reserved matters applications shall have due regard to the content of the Landscape Masterplan / Landscape strategy.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Drainage
12
Construction works shall not 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
No construction works in the relevant area(s) of the site shall commence until measures to protect the public water supply infrastructure that is laid within the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority. The details shall include but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times.
Reason
In the interest of public health and maintaining the public water supply.
14
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.
15
There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:
i) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and
ii) the means of discharging to the public sewer network at a rate not to exceed 3.5 litres per second.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal.
16
No building or other obstruction including landscape features shall be located over or within 6.5 metres either side of the centre line of the public sewer i.e. a protected strip width of 13 metres, that crosses the site. Furthermore, no construction works in the relevant area(s) of the site shall commence until measures to protect the public sewerage infrastructure that is laid within the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority. The details shall include but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times. If the required stand-off or protection measures are to be achieved via diversion or closure of the sewer, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that, prior to construction in the affected area, the approved works have been undertaken.
Reason
In the interest of public health and maintaining the public sewer network.
17
No construction works in the relevant area(s) of the site shall commence until measures to protect the public sewerage infrastructure that is laid within the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority. The details shall include but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times.
Reason
In the interest of public health and maintaining the public sewer network.
18
The development shall be carried out in accordance with the submitted Flood Risk
Assessment (ref: Final Report v1.0) dated February 2023 and prepared by Weetwood Services Ltd.
Reason
To reduce the risk of flooding to the proposed development and future occupants.
19
All buildings to be provided within the application site boundary shall have be designed with Finished Floor Levels no lower than 24.2m AOD metres above Ordnance Datum (AOD), and 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.
Local Labour Agreement
20
Prior to the commencement of development, the attached Local labour Agreement pro forma for the construction phase of the development shall be completed in its entirety and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved Agreement and within 3 months of completion of the approved development, data shall be submitted to the Local Planning Authority demonstrating how the indicators were met.
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’
21
Prior to the operational use of the land/building(s) hereby approved, the attached Local Labour Agreement pro forma outlining measures to be taken to employ local workers for the operational phase of the development shall be completed and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and no later than 6 months from the date of first operation information shall be submitted to the Local Planning Authority providing details relating to the percentage of staff currently employed from the local area.
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’
BREEAM
22
Any building hereby approved that exceeds a floor area of 1,000 sq.m shall be designed to achieve BREEAM Very Good rating as a minimum. Prior to the commencement of the development of each building a BREEAM Assessors report shall be submitted to and approved in writing by the Local Planning Authority. The building shall subsequently be developed in accordance with the approved details.
Reason
To achieve a sustainable form of development in accordance with the NPPF.
Waste Management
23
Prior to each building being first occupied a Waste Management Plan for that building shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
1) information on the amount and type of waste that will be generated from the site;
2) measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
3) design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
4) measures to minimise the use of raw materials and minimise pollution of any waste;
5) details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
6) construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
7) details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Land Contamination
24
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. 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.
25
Subject to the findings of condition 24 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.
26
Cut and fill earthworks are likely to require at the site so that a development platform can be achieved. These earth works shall be carried out under a Materials Management Plan, written and declared in accordance with the CL:AIRE Definition of Waste Code of Practice approved by the Environment Agency. This document shall 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.
27
Subject to the findings of condition 24 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.
28
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.
29
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.
30
Subject to the findings of condition 24 above and if required, suitable water supply pipes sufficiently resistant to chemical attack from residual contaminants remaining in the ground, shall be used for all development plots across the site.
Reason
To ensure the safe occupation of the site.
31
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.
Reason
To ensure the safe occupation of the site.
32
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 post-remedial 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.
Network Rail
33
Development shall not commence until a construction methodology has been submitted to and approved in writing by the Local Authority. The construction methodology shall demonstrate consultation with the Asset Protection Project Manager at Network Rail. The development shall thereafter be carried out in accordance with the approved construction methodology unless otherwise agreed in writing by the Local Planning Authority.
Reason
The safety, operational needs and integrity of the railway.
34
All surface and foul water drainage from the development area shall be directed away from Network Rail’s retained land and structures into suitable drainage systems, the details of which shall be submitted to and approved in writing by the Local Planning Authority before construction starts on site. The details shall have regard to the following:
- there must be no ponding of water adjacent to the boundary
- any attenuation scheme within 30m of the railway boundary must be approved by Network Rail in advance.
- there must be no connection to existing railway drainage assets without prior agreement with Network Rail
Reason
To ensure that the development can be properly drained.
35
Prior to the site being brought into use details of trespass proof fencing, a minimum of 1.8 metres high, on boundaries adjacent the railway to prevent trespassing onto the railway shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the site is brought into use and shall thereafter be maintained.
Reason
To secure the site and prevent trespassing on the adjacent rail network.
36
Prior to the site being brought into use details of an Armco or similar barrier shall be submitted to and approved by the Local Planning Authority. The barrier should be located in positions where vehicles may be in a position to drive into or roll onto the railway or damage the lineside fencing. The approved details shall be implemented before the site is brought into use and shall thereafter be maintained.
Reason
In the interests of road / railway safety.
37
Prior to any external lighting being installed, details shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall be designed to meet the guidance provided by the Institute of Lighting Engineers in their document ‘Guidance Notes for the Reduction of Light Pollution’ This is to prevent obstructive light causing a hazard to train drivers. This guidance is available from the Institute of Lighting Engineers, telephone 01788 576492.
Reason
In the interests of the safety, operational needs and integrity of the railway.
Restrictions
38
The buildings which relate to this application shall first be used for B2 (General Industry) or B8 (Storage and Distribution) uses only and for no other purpose within the Town and Country Planning (Use Classes) Order (or any Order revoking and re-enacting that Order with or without modification).
Reason
In the interests of highway and amenity reasons.
39
No more than 35% of the total floorspace (14,140 square metres) shall be occupied for a B8 (Storage and Distribution) use.
Reason
To prevent the allocated site from becoming wholly occupied by B8 uses in accordance with SP66 ‘Mixed Use Area 20: Land between Aldwarke Lane and Parkgate Shopping Park’.
Ecology
40
Notwithstanding the submitted details, before above ground works commence details of external lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall clearly demonstrate that lighting will not cause excessive light pollution or disturb or prevent bats or other species using key corridors, foraging habitat features or accessing roost sites.
Guidance regarding lighting issues can be found in the ‘Guidance Note 08/23: Bats and Artificial Lighting At Night’ Institute of Lighting Professionals, 2023.
Reason
To minimise light pollution and reduce the impact on wildlife.
41
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 order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
42
Notwithstanding the submitted details, before above ground works commence a scheme for 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.
Reason
In the interests of biodiversity enhancement.
43
Prior to the submission of a reserved matters application an Ecology Mitigation Plan should be prepared and submitted for approval by the Local Authority. The plan should include all details, provision and layout of the mitigation that is to be supplied as part of table 5-2 in the submitted Environmental Impact Assessment and the further invertebrate surveys. All subsequent reserved matters applications shall have due regard to the content of the Ecology Mitigation Plan.
Reason
In the interests of biodiversity and ecology.
44
Further invertebrate surveys shall be undertaken during the appropriate survey season and follow national good practice guidelines. The findings of these surveys must be used to further inform the mitigation for invertebrates on-site and the details and preparation of the ecological mitigation measures required by the Ecological Mitigation Plan referred to in condition 43.
Reason
In the interests of biodiversity and ecology.
45
No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.
The CEMP (Biodiversity) shall include the following.
a) Risk assessment of potentially damaging construction activities.
b) Identification of ‘biodiversity protection zones’.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
Reason
In the interests of biodiversity and ecology.
Informative(s)
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 minimising dust and preventing mud, dust and other materials being deposited on the highway.
02
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.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
03
The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required.
04
In respect of condition 13, it is advised that:
a.) The developer should undertake GPR / trial holes to ensure the apparatus is below formation level and does not present an issue to the new highway scheme with existing water main staying in situ.
b.) For water apparatus location - 0345 1-242424 and ask for main tracing on site - this is undertaken by operations.
05
In respect of condition 15, it is advised that:
a.) the submitted drawing appears to show a 'Yorkshire Water' surface water sewer that outfalls to blackwater Dyke. This asset is not mapped on the public sewer map - it seems more likely that this is either a culverted watercourse or a highway drain - the developer will need to confirm this.
b.) the submitted drawing should show the site-surveyed position of the public sewer crossing the site - there is a 6.5 metre stand-off shown from onsite public 900mm combined sewer - it need to be confirmed if this asset has been mapped through site survey or not.
06
The development should be designed to achieve Secured by Design standards (www.securedbydesign.com):
Defensible Space
It would be beneficial for any fencing surrounding this development to be Weld mesh type fencing and to profile 358, as should any gates.
Security of Building
All external doors, windows and Roller Shutters must meet one of the following:
PAS 24:2022
LPS 1175 SR 2
STS 201 or STS 202 BR2
More information can be found at www.securedbydesign.com
All entrances should be well lit.
All windows used at ground floor level and any curtain wall glazing must be laminated to 6.8 m or P1A.
Vehicle Parking
The Car Parks should be well lit with a scheme equivalent to BS 5489 with no dark areas, all landscape should be kept low to aid surveillance.
07
The proposed development is located on or within 250m of a historic landfill site.
We deem these as historic landfills because these sites stopped operating prior to the Environment Agency (EA) coming into operation in 1995. All land that may be classed as contaminated under section 2A of the Environmental Protection Act (EPA) 1990 is looked after by the Local Authority. There is no EA environmental permit in place, but this does not mean that the land is not contaminated. The local authority might have more information regarding these sites.
The developer may wish to carry out, or the planning authority may wish to require,
further risk assessment. This may want to include a stability risk assessment to consider any potential sediment issues or slope instability. There may also be the potential for landfill leachate to exist, which would need to be assessed and managed. Further guidance is available on .GOV webpages.
Landfill Gas
You should check with your Environmental Health team to understand if further information is available and if landfill gas is a concern in this area. They should also be able to advise what assessments are required.
Landfill gas primarily consists of methane and carbon dioxide, along with trace amounts of other organic compounds. It is produced as the waste in the landfill site degrades. Methane can present a risk of fire and explosion. Carbon dioxide can present a risk of asphyxiation or suffocation. The trace constituents of landfill gas can be toxic and can give rise to long and short term health risks as well as odour nuisance.
The risks associated with landfill gas will depend on the controls in place to prevent
uncontrolled release of landfill gas from the landfill site. Older landfill sites may have poorer controls in place and the level of risk may be higher or uncertain due to a lack of historical records of waste inputs or control measures.
Development on top of or within 50m of any site that accepted hazardous or non-hazardous waste should be considered very carefully, as even with appropriate building control measures in place, landfill gas can accumulate in confined spaces in gardens (e.g., sheds, small extensions) and can gain access to service pipes and drains where it can accumulate or migrate away from the site.
The following publications provide further advice on the risks from landfill gas and ways of managing these:
• Waste Management Paper No 27
• Environment Agency LFTGN03 ‘Guidance on the Management of Landfill Gas’
• Building Research Establishment guidance – BR 414 ‘Protective Measures for Housing on Gas-contaminated Land’ 2001
• Building Research Establishment guidance – BR 212 ‘Construction of new buildings on gas-contaminated land’ 1991
• CIRIA Guidance – C665 ‘Assessing risks posed by hazardous ground gases to buildings’ 2007
08
We strongly recommend the use of flood resistance and resilience measures. Physical barriers raised electrical fittings and special construction materials are just some of the ways you can help reduce flood damage.
To find out which measures will be effective for this development, please contact your building control department. In the meantime, if you’d like to find out more about reducing flood damage, visit the flood risk and coastal change pages of the planning practice guidance. The following documents may also be useful:
Government guidance on flood resilient construction
https://www.gov.uk/government/publications/flood-resilient-construction-of-new-buildings
CIRIA Code of Practice for property flood resilience
https://www.ciria.org/Research/Projects_underway2/Code_of_Practice_and_guidance_for_property_flood_resilience_.aspx
British Standard 85500 – Flood resistant and resilient construction
https://shop.bsigroup.com/ProductDetail/?pid=000000000030299686
09
The landscape scheme submitted as part of the reserved matters application should where located near the railway boundary not impact on operational railway safety and the trees and shrubs planted adjacent to the boundary be in compliance with the list of species below:
Acceptable:
Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees – Pines (Pinus), Hawthorn (Cretaegus), Mountain Ash – Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat ‘Zebrina’
Not Acceptable:
Acer (Acer pseudoplantanus), Aspen – Poplar (Populus), Small-leaved Lime (Tilia Cordata), Sycamore – Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), Ash (Fraxinus excelsior), Black poplar (Populus nigra var, betulifolia), Lombardy Poplar (Populus nigra var, italica), Large-leaved lime (Tilia platyphyllos), Common lime (Tilia x europea)
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Network Rail Standard Informatives
Fail Safe Use of Crane and Plant
All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail’s property, must at all times be carried out in a ‘fail safe’ manner such that in the event of mishandling, collapse or failure, no materials or plant are capable of falling within 3.0m of the nearest rail of the adjacent railway line, or where the railway is electrified, within 3.0m of overhead electrical equipment or supports.
With a development of a certain height that may/will require use of a crane, the developer must bear in mind the following. Crane usage adjacent to railway infrastructure is subject to stipulations on size, capacity etc. which needs to be agreed by the Asset Protection Project Manager prior to implementation.
Excavations/Earthworks
All excavations/ earthworks carried out in the vicinity of Network Rail property/ structures must be designed and executed such that no interference with the integrity of that property/ structure can occur. If temporary works compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker's boundary fence should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Project Manager should be undertaken. Network Rail will not accept any liability for any settlement, disturbance or damage caused to any development by failure of the railway infrastructure nor for any noise or vibration arising from the normal use and/or maintenance of the operational railway. No right of support is given or can be claimed from Network Rails infrastructure or railway land.
Security of Mutual Boundary
Security of the railway boundary will need to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact Network Rail’s Asset Protection Project Manager.
Demolition
Any demolition or refurbishment works must not be carried out on the development site that may endanger the safe operation of the railway, or the stability of the adjoining Network Rail structures. The demolition of buildings or other structures near to the operational railway infrastructure must be carried out in accordance with an agreed method statement. Approval of the method statement must be obtained from Network Rail’s Asset Protection Project Manager before the development can commence.
Vibro-impact Machinery
Where vibro-compaction machinery is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement.
Scaffolding
Any scaffold which is to be constructed within 10 metres of the railway boundary fence must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffold must be installed.
Bridge Strikes
Applications that are likely to generate an increase in trips under railway bridges may be of concern to Network Rail where there is potential for an increase in ‘Bridge strikes’. Vehicles hitting railway bridges cause significant disruption and delay to rail users. Consultation with the Asset Protection Project Manager is necessary to understand if there is a problem. If required there may be a need to fit bridge protection barriers which may be at the developer’s expense.
Abnormal Loads
From the information supplied, it is not clear if any abnormal loads will be using routes that include any Network Rail assets (e.g. bridges and level crossings). We would have serious reservations if during the construction or operation of the site, abnormal loads will use routes that include Network Rail assets. Network Rail would request that the applicant contact our Asset Protection Project Manager to confirm that any proposed route is viable and to agree a strategy to protect our asset(s) from any potential damage caused by abnormal loads. I would also like to advise that where any damage, injury or delay to the rail network is caused by an abnormal load (related to the application site), the applicant or developer will incur full liability.
Two Metre Boundary
Consideration should be given to ensure that the construction and subsequent maintenance can be carried out to any proposed buildings or structures without adversely affecting the safety of, or encroaching upon Network Rail’s adjacent land, and therefore all/any building should be situated at least 2 metres from Network Rail’s boundary. This will allow construction and future maintenance to be carried out from the applicant’s land, thus reducing the probability of provision and costs of railway look-out protection, supervision and other facilities necessary when working from or on railway land.
Encroachment
The developer/applicant must ensure that their proposal, both during construction, and after completion of works on site, does not affect the safety, operation or integrity of the operational railway, Network Rail and its infrastructure or undermine or damage or adversely affect any railway land and structures. There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail airspace and no encroachment of foundations onto Network Rail land and soil. There must be no physical encroachment of any foundations onto Network Rail land. Any future maintenance must be conducted solely within the applicant’s land ownership. Should the applicant require access to Network Rail land then must seek approval from the Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or airspace is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal.
Access to the Railway
All roads, paths or ways providing access to any part of the railway undertaker’s land shall be kept open at all times during and after the development.
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The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
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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