| Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing planning conditions that require particular matters to be approved before development can start. Condition numbered 07 of this permission require matters to be approved before development works begin; however, in this instance the condition is justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition number 07 is fundamental to the acceptability of the development and the nature of the further information required to satisfy this condition is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below)
(Drawing numbers site and location plan
Site Location Plan 711 13 11-RCCR-RMBC-V1-GF-DR-B-0001
Block Plan 711 13 11-RCCR-RMBC-V1-GF-DR-B-0002
Proposed Site Plan 711 11 13-RCCR-RMBC-V1-Gf-DR-B-2004 Rev C
Proposed Ground Floor Plan 711 13 11-RCCR-RMBC-V1-GF-DR-B-1000
Proposed Elevations 711 13 11-RCCR-RMBC-V1-XX-DR-B-2010)
(received 27.06.23, 05.09.23).
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing nos. Elevations 711 13 11-RCCR-RMBC-V1-XX-DR-B-2010. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design.
04
Before the development is brought into use, that part of the site to be used by vehicles shall be constructed with either;
a/ a permeable surface and associated water retention/collection drainage, or;
b/ an impermeable surface with water collected and taken to a separately constructed water retention/discharge system within the site.
The area shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety.
05
Before the development is brought into use the car parking area shown on the approved plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
Boundary treatment
06
Prior to the first occupation of the unit a final plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed before the units are occupied.
Reason
In the interests of the visual amenity of the area and the amenity of the surroundings.
Updated Arboricultural Impact Assessment (AIA)
07
Prior to the commencement of development, an updated AIA will demonstrate that all tree related impacts of the proposed development have been fully considered.
Any AIA submitted to the Council must conform to the standards set out in BS5837, section 5.4, which requires an AIA to include a scaled site plan that details to the Council:
• The position of all trees on and adjacent the site. (Provided)
• The root protection areas (RPA) of the trees. (Provided)
• The proposed design layout.
• Trees to be removed to facilitate the development and trees to be retained.
• Other activities potentially damaging to trees (i.e. level changes, removal/creation of hard surfacing, service runs, etc.).
• Areas that can be used for site accommodation, vehicle parking, material storage etc.
• Pruning to retained tree(s)
• Issues to be addressed by an arboricultural method statement, where necessary in conjunction with input from other specialists.
• Assessment of lost tree value because of the proposal and the proposed mitigation
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
08
The building shall be limited to a maximum of 4 no. of children and 4 no. staff at any
one time.
Reason
In the interests of the surrounding residential amenity and highway safety.
Informative
As indicated previously the existing radius kerb vehicle entry / exit will need to be amended to provide a continuous footway giving priority to pedestrians walking along Estate Road. This will remove the need for the provision of tactile paving on the footway. This will require a memorandum of understanding between the applicant and highway colleague Dave Phillips in order that work can be undertaken on the adopted highway. Contact should therefore be made via email using david.phillips@rotherham.gov.uk in order to commence the process.
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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