| Conditions / Reason for Refusal: |
General
01
The amenity building shall not exceed 3,200 sq. metres.
Reason
To restrict the retail element of the proposal to that hereby approved in the interest of the security of the vitality and viability of defined centres.
02
The amenity building shall not be subdivided to create individual units of more than 929 sq. metres gross floor space (GIA), unless otherwise agreed in writing with Local Planning Authority.
Reason
To restrict the retail element of the proposal to that hereby approved in the interest of the security of the vitality and viability of defined centres.
Highways
03
The measures in the Construction Management Plan approved under RB2021/1281 shall be implemented throughout the construction period.
Reason
In the interests of ensuring the safe and efficient operation of the Strategic Road Network, general highway safety and residential amenity.
04
The development shall not be brought into use until the proposed accesses and highway improvements, including the operation of traffic signals at the exit to A630 Parkway (indicated in draft form on plan reference JNY 9063-31 Revision E), have been implemented in accordance with details which shall have been submitted to and approved by the Local Planning Authority.
Reason
In the interests of ensuring the safe and efficient operation of the Strategic Road Network and general highway safety.
05
The proposed emergency access track from the roundabout shall be gated and utilised in an emergency situation only.
Reason
In the interests of ensuring the safe and efficient operation of the Strategic Road Network and general highway safety.
06
Details of on-site traffic signs and road markings shall be submitted to and approved by the Local Planning Authority and the approved details shall be provided before the development is brought into use.
Reason
In the interests of highway safety.
07
Before the proposed development is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a programme of implementation, monitoring, validation and regular review and improvement. The Local Planning Authority shall be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as time tabled in the monitoring programme. For further information please contact the Transportation Unit (01709) 822186.
Reason
In order to promote sustainable transport choices.
Drainage
08
The surface water run-off from hardstanding shall pass through an oil, petrol and grit interceptor/separator approved under RB2021/1735 prior to any discharge to an existing or prospectively adoptable sewer.
Reason
To prevent pollution of the aquatic environment and protect the public sewer network.
09
The development shall be carried out in accordance with the details shown on the submitted Flood Risk Assessment (prepared by Weetwood - Report 3735/FRA/Final/v1.1/2017-07-26), unless otherwise agreed in writing with the Local Planning Authority
Reason
In the interest of satisfactory and sustainable drainage.
10
The sustainable drainage design scheme approved under RB2021/1735 shall be implemented before the site is brought into use and shall be thereafter maintained.
Reason
In the interest of satisfactory and sustainable drainage.
Landscapes
11
The detailed landscape scheme approved under RB2021/1491 shall be implemented in accordance with the approved landscape scheme within the first available planting season after the development is brought into use.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
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.
Ecology
13
The Construction Environmental Management Plan (CEMP) approved under RB2022/1281 shall be implemented before the site is first brought into use.
Reason
To ensure there is no risk to ecological habitats during the construction phase.
14
The details contained within the Biodiversity Enhancement Plan (BEP) approved under RB2021/1491 shall be implemented before the site is first brought into use.
Reason
To increase the structural diversity of the woodland, provide opportunities for understory development and increase value to invertebrates, birds and other fauna.
Network Rail
15
The surface and foul water drainage scheme submitted and approved under RB2021/1735 shall be implemented before the site is first brought into use.
Reason
To ensure that the development can be properly drained.
16
The excavations and earthwork details submitted and approved under RB2022/1281 shall be implemented before the site is first brought into use.
Reason
To ensure the development does not affect the rail network.
17
The Armco or similar barrier details submitted and approved under RB2021/1491 shall be implemented before the site is brought into use and shall be thereafter be maintained.
Reason
In the interests of road / railway safety.
18
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 be thereafter be maintained.
Reason
To secure the site and prevent trespassing on the adjacent rail network.
Amenity
19
The applicant shall install any external lighting to the site 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 amenities of the occupiers of nearby dwellings.
20
Any new lighting shall be shielded to prevent glare or any threat to highway / railway safety or detriment to amenity and the environment. All lighting fixtures shall be installed at an angle to prevent light emitting directly above the horizontal plane unless otherwise first agreed in writing by the Local Planning Authority.
Reason
To ensure that lighting does not intrude upon issues of amenity or highway safety having regard to adjoining land uses.
21
Night time working on slip roads/access roads to the site can be taken where necessary to minimise disruption to traffic on the motorway. Night time working shall only be undertaken with the prior agreement of the Council.
Reason
In the interests of the amenity of the locality.
22
Construction working hours shall be 07.00 hours to 21.00 hours, Monday to Friday and 07.00 hours to 19.00 hours Saturday and Sunday until (13 weeks from the date of this approval (4th January 2024)) only and thereafter shall be 07.00 hours to 19.00 hours Monday to Friday and 07.00 hours to 13.00 hours on Saturday. There would be no working outside of these hours or on Sundays or Bank Holidays without prior agreement of the local planning authority
Reason
In the interests of the amenity of the locality.
23
Prior to their installation, details of the fixed noise generating plant including type, location and noise level shall be submitted to and approved by the local planning authority. An additional noise impact assessment should be provided to assess the cumulative effect of all fixed noise generating plant in operation at the nearest sensitive property boundaries. Noise associated from fixed plant relating to the development on site should be designed such that the cumulative effect of all fixed plant in operation does not exceed 10dB below the representative background sound level (measured in terms of LA90) based on an LAeq (15 minute) assessment period at the nearest sensitive property boundaries.
The approved plant and machinery shall be tested prior to them becoming operational and shall be maintained throughout the life of the development.
Reason
In the interests of the amenity of the locality.
Land Contamination
24
The development shall be carried out in accordance with the details in the Phase II Intrusive Site Investigation and subsequent Risk Assessment submitted and approved under RB2021/1491.
The Site Investigation Works should also be undertaken in accordance with sections 5.8.3 – 5.8.5 and 6.3.1 – 6.3.2 of the report entitled ‘Proposed Motorway Service Area – Junction 33, M1 Motorway, Rotherham – Phase I Site Investigation Report’ – prepared by TerraConsult Ltd, dated 17/07/2017, reference 3197/01.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
25
The details within the Remediation Method Statement submitted and approved under RB2021/1491 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 that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
26
If any major earth movements are required at the application site, then these works will need to be undertaken in accordance with a detailed earthworks/materials management plan to be submitted for review and comment, to ensure that the geotechnical and contamination risks will be managed appropriately.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
27
In the event that during development works unexpected significant contamination is encountered at any stage of the process, 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 that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
28
The importation of subsoils / topsoils shall be carried out in accordance with the Verification Report submitted and approved under RB2022/1281.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
29
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 that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
30
The quality of soils on site and their movement and temporary storage during construction shall be carried out in accordance with the details submitted and approved under RB2022/1281.
Reason
In order to preserve and enhance identified soil functions and to minimise dust issues associated with the temporary storage.
31
The remedial works and / or mitigation measures considered necessary shall be carried out before the commencement of development in accordance with information submitted and approved under RB2021/1491.
Reason
The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and migratory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 178 and 179 of the National Planning Policy Framework.
Trees
32
The trees to be retained on site shall be protected in accordance with the details submitted and approved under RB2021/1491 and RB2022/1850. 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.
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.
33
A suitable scheme of proposed tree planting and pits shall be submitted to and approved by the Local Planning Authority prior to the first use of the development hereby approved. The scheme shall include the following comprehensive details of all trees to be planted:
• Full planting specification - tree size, species, the numbers of trees and any changes from the original application proposals.
• Locations of all proposed species.
• Comprehensive details of ground/tree pit preparation to include:
o Plans detailing adequate soil volume provision to allow the tree to grow to maturity
o Engineering solutions to demonstrate the tree will not interfere with structures (e.g. root barriers/deflectors) in the future
o Staking/tying method(s).
o Five year post planting maintenance and inspection schedule.
All tree planting must be carried out in full accordance with the approved scheme in the nearest planting season (1st October to 28th February inclusive). The quality of all approved tree planting should be carried out to the levels detailed in British Standard 8545, Trees: from nursery to independence in the landscape - Recommendations.
Any trees which die, are removed, uprooted, significantly damaged, become diseased or malformed within five years from the completion of planting, must be replaced during the nearest planting season (1st October to 31st March inclusive) with a tree/s of the same size, species and quality as previously approved.
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.
Informatives
01
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.
02
Due to the high proportion of habitats likely to be used by breeding birds within the Site for example areas of bramble under-scrub and tall herbs avoidance of site clearance during the bird breeding season (April to August) will be necessary to maintain compliance with bird protection legislation. For many areas of the site it will not be sufficient to specify a preclearance checking survey, since there is a high risk that nests would be found.
03
The applicant is advised that access for fire appliances should be in accordance with Building Regulations Approved Document B volume 2 part B5 section 16.
04
Water supplies for firefighting purposes should be in accordance with Building Regulations Approved Document B volume 2 part B5 section 15.
05
The Environment Agency recommends you should
1. Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination.
2. Refer to the Environment Agency Guiding principles for land contamination for the type of information that we required in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, such as human health.
3. Consider using the National Quality Mark Scheme for Land Contamination Management which involves the use of competent persons to ensure that land contamination risks are appropriately managed.
4. Refer to the contaminated land pages on GOV.UK for more information.
06
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
The Environment Agency recommends that developers should refer to:
• the Position statement on the Definition of Waste: Development Industry Code of Practice and;
• The Environmental regulations page on GOV.UK
07
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
If the total quantity of waste material to be produced at or taken off site is hazardous waste and is 500kg or greater in any 12 month period the developer will need to register with us as a hazardous waste producer. Refer to the Hazardous Waste pages on GOV.UK for more information.
08
The ‘Assessment’ Section below outlines the detailed requirements that must be followed when planning or undertaking your scheduled activities at this location.
It is your responsibility to ensure that the information you have submitted is accurate and that all relevant documents including links are provided to all persons (either direct labour or contractors) working for you near Cadent and/or National Grid's apparatus, e.g. as contained within the Construction (Design and Management) Regulations.
This assessment solely relates to Cadent Gas Ltd, National Grid Electricity Transmission plc (NGET) and National Grid Gas plc (NGG) and apparatus. This assessment does NOT include:
• Cadent and/or National Grid's legal interest (easements or wayleaves) in the land which restricts activity in proximity to Cadent and/or National Grid's assets in private land. You must obtain details of any such restrictions from the landowner in the first instance and if in doubt contact Plant Protection.
• Gas service pipes and related apparatus
• Recently installed apparatus
• Apparatus owned by other organisations, e.g. other gas distribution operators, local electricity companies, other utilities, etc.
It is YOUR responsibility to take into account whether the items listed above may be present and if they could be affected by your proposed activities. Further ‘Essential Guidance’ in respect of these items can be found on the National Grid Website (http://www2.nationalgrid.com/WorkArea/DownloadAsset.aspx?id=8589934982).
This communication does not constitute any formal agreement or consent for any proposed development work; either generally or with regard to Cadent and/or National Grid's easements or wayleaves nor any planning or building regulations applications.
Cadent Gas Ltd, NGG and NGET or their agents, servants or contractors do not accept any liability for any losses arising under or in connection with this information. This limit on liability applies to all and any claims in contract, tort (including negligence), misrepresentation (excluding fraudulent misrepresentation), breach of statutory duty or otherwise. This limit on liability does not exclude or restrict liability where prohibited by the law nor does it supersede the express terms of any related agreements.
If you require further assistance please contact the Plant Protection team via e-mail (plantprotection@cadentgas.com) or via the contact details at the top of this response.
09
Given the position of the site and in particular the proposed access road along the railway boundary and under the motorway bridge, it is imperative that the development liaise with Network Rail‘s Asset Protection Team (assetprotectionlneem@networkrail.co.uk) prior to work commencing on site. It is essential that the proposed scheme is discussed and agreements reached to ensure that work can be carried out safely and without impact to the safety of the operational railway infrastructure.
10
The position of any underline drainage asset shall not be within 5m of drainage assets, sensitive operational equipment such as switches and crossing, track joints, welds, overhead line stanchions and line side equipment, and not within 15m of bridges culverts, retaining walls and other structures supporting railway live loading.
11
There are likely to be existing railway drainage assets in the vicinity of the proposed works. Please proceed with caution. No connection of drainage shall be made to these assets without Network Rails’ prior consent to detailed proposals. Any works within 5m of the assets will require prior consent. There must be no interfering with existing drainage assets / systems without Network Rail’s written permission. The development should ascertain with Network Rail the existence of any existing railway drainage assets or systems in the vicinity of the development area before work starts on site. Please contact Matthew Shelton (matthew.shelton@networkrail.co.uk) for further information and assistance.
12
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.
13
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.
14
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.
15
Method statements may require to be submitted to Network Rail’s Asset Protection Project Manager at Asset Protection Project Manager, Network Rail (London North Eastern), Floor 3B, George Stephenson House, Toft Green, York, Y01 6JT Email: assetprotectionlneem@networkrail.co.uk for approval prior to works commencing on site. This should include an outline of the proposed method of construction, risk assessment in relation to the railway and construction traffic management plan. Where appropriate an asset protection agreement will have to be entered into. Where any works cannot be carried out in a ‘fail-safe’ manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. ‘possession’ which must be booked via Network Rail’s Asset Protection Project Manager and are subject to a minimum prior notice period for booking of 20 weeks. Generally if excavations/piling/buildings are to be located within 10m of the railway boundary a method statement should be submitted for NR approval.
16
Once planning permission has been granted and at least six weeks prior to works commencing on site the Asset Protection Project Manager (OPE) MUST be contacted, Asset Protection Project Manager, Network Rail (London North Eastern), Floor 3B, George Stephenson House, Toft Green, York, Y01 6JT Email:assetprotectionlneem@networkrail.co.uk. The OPE will require to see any method statements/drawings relating to any excavation, drainage, demolition, lighting and building work or any works to be carried out on site that may affect the safety, operation, integrity and access to the railway.
17
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
18
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 air-space 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.
19
Network Rail’s existing fencing / wall must not be removed or damaged.
20
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.
21
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.
22
The application site contains Japanese knotweed. This is a highly invasive plant, the treatment of which must comply with Section 14(2) of the Wildlife and Countryside Act (as amended) 1981 and sections 33 and 34 of the Environmental Protection Act 1990. It is advised that the Council’s Neighbourhoods Service (Tel: 01709 823172) or the Environment Agency (Tel: 0113 2440191) is contacted to provide advice on how it should be treated and / or disposed of.
The Code of Practice for the Management, Destruction and Disposal of Japanese Knotweed on development sites can be found on the Environment Agency website:
www.environment-agency.gov.uk
23
The parking facility would benefit from being designed to ‘The Safer Parking Scheme standard. www.saferparking.com
24
Doors and windows should be to Secured by Design standards. www.securedbydesign.com
25
The Environment Agency recommend the use of flood resistance and resilience measures where possible. 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:
Department for Communities and Local Government: Preparing for floods
http://www.planningportal.gov.uk/uploads/odpm/4000000009282.pdf
Department for Communities and Local Government: Improving the flood performance of new buildings: https://www.gov.uk/government/publications/flood-resilient-construction-of-new-buildings
26
Part of the site falls in a flood alert area we would recommend that the applicant/future occupants should phone Floodline on 0345 988 1188 to register for a flood alerts, or visit https://www.gov.uk/sign-up-for-flood-warnings. It’s a free service that provides warnings of flooding from rivers, the sea and groundwater, direct by telephone, email or text message. Anyone can sign up.
Flood alerts / warnings can give people valuable time to prepare for flooding – time that allows them to move themselves, their families and precious items to safety. Flood warnings can also save lives and enable the emergency services to prepare and help communities.
For practical advice on preparing for a flood, visit https://www.gov.uk/prepare-for-flooding.
To get help during a flood, visit https://www.gov.uk/help-during-flood.
For advice on what do after a flood, visit https://www.gov.uk/after-flood
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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