| 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, 06 and 07 of this permission require matters to be approved before development works begin; however, in this instance the conditions are justified because:
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, 06 and 07 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, 06 and 07 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.’
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
Drawing Nos;
23-056-3, 23-056-6 Received 24 July 2023,
23-056-8 Received 27 September 2023,
23-056-5 Rev A, 23-056-7 Rev B Received 18 October 2023,
23-056-4 Rev A Received 3 November 2023
23-056-2 Rev F Received 15 December 2023
Reason
To define the permission and for the avoidance of doubt.
03
No above ground development shall take place until details of the materials to be used in the construction of the external surfaces of the development 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 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
04
The development hereby granted shall not begin until details of the foul and surface water drainage for the site have been submitted to and approved by the Local Planning Authority. The approved 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 dwelling.
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.
05
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 that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity and in accordance with UDP Policy HG5 ‘The Residential Environment’.
06
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees and hedgerows has been submitted and its installation on site has been approved in writing by the Local Planning Authority. All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following:
• Site specific demolition and hard surface removal specifications
• Level changes
• A Tree protection plan** in accordance with BS5837* detailing all methods of
protection, including but not restricted to: locations of construction exclusion zones,
root protection areas, fit for purpose fencing and ground protection, service routes,
works access space, material/machinery/waste storage and permanent &
temporary hard surfaces.
*Using the most recent revision the of the Standard ** Plans must be of a minimum scale of 1:200 (unless otherwise agreed by the Local Planning Authority
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 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.
07
No operations shall commence on site in connection with the development hereby
approved until a suitable scheme of proposed tree planting and tree pits have been
submitted to and approved by the Local Planning Authority. 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:
• Plans detailing adequate soil volume provision to allow the tree to grow to
maturity.
• Engineering solutions to demonstrate the tree will not interfere with structures
(e.g. root barriers/deflectors) in the future
• Staking/tying method(s).
• 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 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
Prior to the construction of the outbuilding full details of the method of construction shall be submitted to and approved by the local Planning Authority.
Reason
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity.
09
In the event that during development works unexpected significant contamination is encountered, works shall cease and 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 Planning Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
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.
10
If subsoil/topsoil is required to be imported to site for garden/soft landscaping areas, 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. The results of testing shall be presented within a Validation Report and 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.
11
All ecological measures and/or works shall be carried out in accordance with the details contained in the Ecological Enhancement Plan (Estrada Ecology November 2023) as already submitted with the planning application and agreed in principle with the Local Planning Authority.
Reason
In order to protect local wildlife and increase biodiversity on the site.
12
No removal of hedgerows, trees or shrubs or demolition of buildings or structures that may be used by breeding birds 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 to protect local wildlife
13
Prior to the occupation of the dwelling, details of an Electric Vehicle Charging connection point shall be submitted to and approved by the Local Planning Authority. The dwelling shall not be occupied until the approved charger has been provided, and it shall thereafter be retained.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
14
The window(s) on the first floor side elevations of the new dwelling hereby approved shall be obscurely glazed and fitted with glass to a minimum industry standard of Level 3 obscured glazing and be non-openable, unless the part(s) of the window(s) which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The window(s) shall be permanently retained in that condition thereafter.
Reason
In the interests of the amenities of the occupiers of adjoining properties.
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.
Informatives
01
INF 11A Control of working practices during construction phase (Close to residential)
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 restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway by the following means;
a. Except in case of emergency, no operations shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall be no working on Sundays or Public Holidays. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Planning Authority shall be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
b. All machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in British Standard 5228 Code of Practice; 'Noise Control on Construction and Open Sites', and Minerals Planning Guidance Note 11 (1993) 'The Control of Noise at Surface Mineral Workings'.
c. At all times during the carrying out of operations authorised or required under this permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
d. Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
02
The four South Yorkshire Authorities have committed to ensuring that relevant developments are provided with Gigabit-capable full fibre broadband. Please refer to the attached informative in this respect.
03
All building materials should be stored within the site and not within the public highway which includes the adjacent greenspace.
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