Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2023/1023
Site Address: land off Stephenson Way Waverley 9999
Description: Construction of a mixed use centre, including retail and services (Use Class E(a & c)), food and drink uses (Use Classes E(b) and Sui Generis), offices (Use Class E(g)), Community Centre (Use Class F2(a & b)), 50 residential units (Use Class C3), outdoor events space and pop-up markets and associated car parking, provision of enhanced bus stop on Highfield Spring, provision of landscaping and public realm, vehicular and pedestrian access/egress and other associated infrastructure
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 24 November 2023
Decision Date: 24 November 2023
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Delegated (Part 2B)
Conditions / Reason for Refusal: 01 The development hereby permitted shall be commenced before the expiration of three years from the date of this permission. Reason In order to comply with the requirements of the Town and Country Planning Act 1990. 02 The permission hereby granted shall relate to the area shown outlined in red on the approved 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) Site Plans • SITE LOCATION PLAN - OLIV-CDA-SP-SL-DR-A-0403-B • SITE MASTERPLAN - OLIV-CDA-SP-SL-DR-A-0404-K • PROPOSED SITE PLAN - OLIV-CDA-SP-SL-DR-A-0400-Rev AC • BACK OF HOUSE STREET ELEVATION - OLIV-CDA-00-XX-DR-A-0408-C • PROPOSED MATERIALS PLAN - 2944-CDA-SP-SL-DR-A-0406-G • OLIVE LANE - PLANNING PHASE PLAN • OLIV-CDA-00-SL-DR-A-0412 -Rev A • TYPICAL BRICKWORK DETAILING - OLIV-CDA-SP-SL-DR-A-0407 REV.B • RESIDENTIAL STREET ELEVATIONS - OLIV-CDA-SP-SL-DR-A-0409 Rev.B • PROPOSED EXTERNAL BIKEBIN STORE - OLIV-CDA-SP-SL-DR-A-0405-I • PROPOSED LEVELS - OLR-BED-00-00-DR-C-2600-P02 • EV CHARGING PLAN - OLIV-CDA-XX-00-DR-A-SK38 Detailed Plans • OLIVE LANE RESIDENTIAL OLIV-CDA-00- Block A Plans - 0450 Rev.B Block A Elevations - 0451 Rev.B Block B Plans - 0455 Rev.B Block B Elevations - 0456 Rev.B Block C Plans - 0460 Rev.B Block C Elevations - 0461 Rev.B Block D Plans - 0465 Rev.B Block D Elevations - 0466 Rev.B Block E Plans - 0470 Rev.A Block E Elevations - 0471 Rev.A Block F Plans - 0475 Rev.A Block F elevations - 0476 Rev.A Block G Plans - 0480 Rev.A Block G Elevations - 0481 Rev.A Block H Plans - 0485 Rev.B Block H Elevations - 0486 Rev.B House Type A - 0490 Rev.B House Type B - 0491 Rev.B House Type C - 0492 Rev.B • OLIVE LANE HIGH STREET OLIV-CDA-00-XX-DR-A Block B Proposed Plans - 0410 Rev.D Block B Proposed Elevations - 0411 Rev.D Block C Plans - 0420 Rev.B Block C Elevations - 0421 Rev.B Block E Proposed Plans - 0430 Rev.E Block E Elevations - 0431 Rev C Block F Plans - 0440 Rev.C Block F Elevations - 0441 Rev.B Blck G Plans - 0445 Rev.B Block G Elevations - 0446 Rev.A Block H Plans - 0448 Rev.B Block H Elevations - 0449 Rev.B • PROPOSED SUBSTATION - 3052-CDA-00-ZZ-DR-A-0411 Highways Plans • OLIV-BED-ST-00-DR-C-2922-P02-Highfield Spring - New Construction • OLIV-BED-ST-00-DR-C-2923-P02-Highfield Spring - Road Markings Landscape Plans • Olive Lane Public Realm and Landscape Masterplan PWP482 301 06 • OLIV-PWP-SP-ZZ-DR-L-0401-02 Planting Plan - Sheet 1 • OLIV-PWP-SP-ZZ-DR-L-0402-02 Planting Plan - Sheet 2 • OLIV-PWP-SP-ZZ-DR-L-0403-02 Planting Plan - Sheet 3 • OLIV-PWP-SP-ZZ-SH-L-0404-03 Planting Schedule and Outline Softworks Specification Drainage Plan • Surface Water Drainage Overland Exceedance Flow Strategy BED DR-C-2304 Rev. P02 Reason To define the permission and for the avoidance of doubt. GENERAL 03 Notwithstanding the submitted information no development of the structures listed below shall take place until there has been submitted to and approved by the Local Planning Authority a plan indicating the design and materials, which shall include brick and timber, for the following, and a timetable for their implementation - • Bin Stores • Cycle Stores • Loading Bays • Service Yards The approved details shall be implemented in accordance with the approved timetable. Reason To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design. 04 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 no 2914-CDA-SP-SL-DR-A-0406-G. 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 05 Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) no enlargement of the dwellinghouse, permitted under Part 1, Classes A, AA, B, C, D and E of The Town and Country Planning (General Permitted Development) Order 2015 shall be carried out to the dwelling without the prior written approval of the Local Planning Authority. Reason So that further alterations and extensions can be controlled by the Local Planning Authority in order to protect the residential amenity of surrounding occupiers and occupiers of the dwellings. 06 Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) no gates, fences or walls etc, (other than those approved under this permission) permitted under Part 2, Classes A, of The Town and Country Planning (General Permitted Development) Order 2015 shall be carried out without the prior written approval of the Local Planning Authority. Reason So that additional gates, fences and wall cannot be erected in the interest of the visual amenity of the locality. TRANSPORTATION 07 The development shall not be brought into use until a signal controlled pedestrian / cycle crossing and associated works including improvements to the bus stops adjacent the crossing in Highfield Spring as shown in draft form on Drg No OLIV BED ST 00 DR C 2922 Rev PO2 has been provided in accordance with details which shall have been submitted to and approved by the Local Planning Authority. (The scheme will be subject to a Road Safety Audit which may require amendments) Reason In the interest of Highway Safety 08 Before the development is brought into use a Car Parking Management Plan shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented throughout the lifetime of the development. Reason In the interest of Highway Safety 09 A signage scheme directing visitors to the car parking facilities for Olive Lane shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to the car parking facilities being brought into use. Reason In the interest of Highway Safety 10 The measures contained within the Travel Plan dated June 2023 shall be fully implemented during the lifetime of the development. 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 timetabled in the monitoring strategy. Reason To promote sustainable forms of travel 11 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. 12 Before the development is brought into use the provision/marking out of parking areas indicated on the submitted site 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. 13 Before the development is commenced road sections, constructional and drainage details of adoptable roads shall be submitted the Local Planning Authority for approval, and the approved details shall be implemented before the development is completed. Reason No details having been submitted they are reserved for approval. 14 Prior to the first occupation of any of the buildings hereby approved the replacement bus shelters, real-time passenger information displays in the shelters as well as the associated pavement works and road markings shall be fully provided on site as shown on the draft plans listed below – • Highway Works – Pavement and Footways (drawing no. OLIV.BED.ST.00.DR.C.2922 Rev. P02) • Highway Works – Traffic Signs and Road Markings (drawing no. OLIV.BED.ST.00.DR.C.2923 Rev. P02) • Proposed Bus Stop Enhancement at Olive Lane (September 2023) Reason To ensure that the proposed public transport improvements are provided to promote sustainable transport to the site in accordance with Local Plan Policies. 15 Prior to occupation a scheme to provide electric vehicle charging points within the car parking spaces in accordance with Supplementary Planning Document 2 ‘Air Quality and Emissions’, to include a timetable for implementation, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in accordance with the approved timetable. Reason In order to promote sustainable transport choices. DRAINAGE 16 No building or other obstruction including landscape features shall be located over or within 5 (five) metres either side of the centre line of the water main i.e. a protected strip width of 10 (ten) metres, that enters the site. If the required stand-off distance is to be achieved via diversion or closure of the water main, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker. Reason In order to allow sufficient access for maintenance and repair work at all times. 17 The development shall be carried out in accordance with the details shown on the submitted Retail Area Drainage Design Philosophy Statement OLR-BED-00-00-RP-C-0003 (rev P02) dated 14/06/2023 prepared by BE Design, unless otherwise agreed in writing with the Local Planning Authority. Reason In the interest of satisfactory and sustainable drainage 18 Unless otherwise approved in writing by the Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. Reason To comply with current planning legislation - National Planning Policy Framework 19 No building hereby permitted shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with the submitted details. The sustainable drainage scheme shall be designed, managed and maintained in accordance with the Non-statutory technical standards and local standards Reason To comply with current planning legislation - National Planning Policy Framework 20 All surface water run off from the site, except roof water, shall be discharged to the public surface water sewer/land drainage system or Highway Drain via a suitable oil/petrol/grit interceptor. Details of these arrangements shall be submitted to the Local Planning Authority for approval prior to the commencement of the development and they shall be fully operational before the site is brought into use. Reason To avoid pollution of the public sewer and land drainage system. AMENITY 21 Prior to the occupation of any dwelling details of a proposed scheme of sound insulation for the dwellings shall be submitted to and approved by the Local Planning Authority. The scheme shall be undertaken in accordance with the criteria presented within the Sharps Redmore noise assessment (Ref No: R1-15.06.23 - Waverley Olive Lane - 2321660-SM) and the approved detail shall be implemented on site unless otherwise agreed by the Local Planning Authority. Reason To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and part 15 of the NPPF. 22 The combined noise from all fixed mechanical services and external plant and equipment shall be effectively controlled so that the combined rating level of noise from all such equipment does not exceed the maximum cumulative ‘free-field’ plant noise rating levels at nearby dwellings as specified in Table 4.1 of the submitted Noise Impact Assessment (as replicated below) undertaken by Sharps Redmore (Ref No: R1-15.06.23 – Waverley Olive Lane – 2321660-SM). The cumulative rating sound level of the plant unit(s) should account for any reasonable character corrections, i.e., tonality, intermittency, impulsivity, and other sound characteristics. Table 4.1: Indicative Noise Criteria for Building Services Plant {Cumulative for all Units) Reason To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and part 15 of the NPPF. 23 No commercial premises shall be occupied for the purpose of operating as a business involving the cooking of hot food, unless an Odour Impact Assessment including the following information has been submitted to and approved in full by the Local Planning Authority: The report shall: • Determine the potential of adverse impact on neighbouring premises from the odours associated with cooking; • Detail the necessary odour mitigation measures that are required to ensure the occupiers of the nearby sensitive premises are not adversely affected by odours associated with cooking; and • Provide details of an odour abatement system to include; positioning and design of extraction equipment; manufacturers details of the equipment proposed including odour abatement techniques; odour dispersion modelling as necessary to predict impact at sensitive receptors; detailed plans of the odour abatement system including filtration systems, external location of flues and ventilation termination points. • Carry out all works as identified in the Odour Impact Assessment as agreed with the Local Planning Authority in order to protect nearby sensitive receptors. Reason To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and part 15 of the NPPF 24 All installed glazing and trickle ventilation shall meet the criteria for noise reduction as specified in Table 4.4 and 4.5 of Section 4.43 and SK03 in Appendix D of the Noise Assessment, undertaken by Sharps Redmore (Ref No: R1-15.06.23 – Waverley Olive Lane – 2321660-SM). Reason To safeguard the amenities of the occupiers of nearby properties in accordance with Local Planning Policy SP52 and parts 12 & 15 of the NPPF. 25 Artificial lighting shall be controlled to minimise stray light and glare into nearby sensitive premises. External artificial lighting shall be installed and maintained in accordance with the ‘Guidance Notes for the Reduction of Obtrusive Light’ by the Institution of Lighting Professionals:2021 Reason To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and parts 12 & 15 of the NPPF. 26 HGV deliveries shall only take place between the hours of 07:00hrs and 23:00hrs Mondays to Saturdays, and between the hours of 08:00hrs and 18:00hrs Sundays. OGV deliveries shall only take place between the hours of 06:00hrs and 23:00hrs Mondays to Sundays. Reason To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and part 15 of the NPPF. 27 All commercial premises shall only be open to customers between the hours of 07:00hrs and 23:00hrs Mondays to Sundays. Reason To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and part 15 of the NPPF. 28 All proposed construction and demolition works shall be undertaken in accordance with the CEMP submitted on 13 September 2023 by Lindum. Reason To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and parts 15 of the NPPF. LAND CONTAMINATION 29 Installation of the gas protection measures are to be verified in accordance with the approved Gas Protection Strategy and Verification Plan, dated October 2023. All verification reports shall be submitted and approved by the Local Planning Authority. Reason To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and paragraph numbers 183 and 184 of the National Planning Policy Framework. 30 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 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 Local Plan Policy SP54 and paragraph numbers 183 and 184 of the National Planning Policy Framework. 31 Due to elevated sulphate concentrations being detected, buried concrete for the site should be designed to a design sulphate classification of DS-2 for made ground, with a corresponding ACEC class of AC-2. The design sulphate classification used will be evidenced within a Verification Report for the site. Reason To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and paragraph numbers 183 and 184 of the National Planning Policy Framework. 32 Suitable water supply pipes have been specified for the site which are considered capable of resisting chemical attack from residual contaminants remaining within the made ground. The use of these approved water supply pipes will need evidencing within a Verification Report for the site. Reason To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and paragraph numbers 183 and 184 of the National Planning Policy Framework. 33 If subsoil/topsoil is required to be imported to site for remedial works, gardens or areas of soft landscaping, then these soils will need to be tested at a rate and frequency to be agreed with the Local Planning Authority to ensure they are free from contamination. Reason To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 and paragraph numbers 183 and 184 of the National Planning Policy Framework. 34 Following completion of any remedial/ground preparation works a Verification Report shall be submitted to and approved by the Local Planning Authority. 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. 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 the safe occupation of the site in accordance with Local Plan Policy SP54 and paragraph numbers 183 and 184 of the National Planning Policy Framework. LANDSCAPING 35 Landscaping of the Olive Lane Local Centre as shown on the approved plans (PWP drawing nos. PWP482 301 REV06, OLIV-PWP-SP-ZZ-DR-L-401 REV 02, OLIV-PWP-SP-ZZ-DR-L-402REV 02, OLIV- PWP-SP-ZZ-DR-L-403 REV 02, OLIV-PWP-SP-ZZ-DR-L-404 REV 03 ) shall be carried out during the first available planting season after commencement of the development. Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year. Reason To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity and in accordance with Local Plan Policies. 36 Prior to first occupation a detailed landscape scheme for the residential plots (phase two areas) shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be based on approved Landscape Masterplan PWP drawing no PWP482 301 REV06 and prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary: - The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove. - Areas of structural and ornamental planting that are to be carried out. - The positions, design, materials and type of any boundary treatment to be erected. - A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances. - A written specification for ground preparation and soft landscape works. - The programme for implementation. - Written details of the responsibility for ongoing maintenance for the lifetime of the development and a schedule of operations. The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in accordance with the appropriate standards and codes of practice within a timescale agreed, in writing, by the Local Planning Authority. 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 mitigation for the loss of amenity resulting from the loss of the existing trees at the earliest opportunity. 37 A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public realm areas shall be submitted to and approved by the Local Planning Authority prior to the completion or first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme. Note: A Management Plan may be expected to set out, graphically and / or in writing, the overall functional and aesthetic objectives of a landscape scheme and the steps such as legal arrangements including ownership and management responsibilities, planned maintenance tasks, phased works, and monitoring procedures that will be taken after implementation to ensure that the scheme establishes successfully and is sustainable in the long-term. Reason To ensure that due regard is paid to the continuing enhancement and maintenance of amenity afforded by landscape features of communal, public and biodiversity significance. ECOLOGY 38 All ecological measures and/or works shall be carried out in accordance with the details contained in [Breeding Bird Addendum V2, Applied Ecological Services, dated 9th November 2023]. Reason In the interest of Biodiversity of the site 39 Prior to first occupation a Biodiversity Enhancement & Management Plans (BEMPs) for each site shall have been submitted to and approved in writing by the Local Planning Authority. The Plans shall provide a: i) Description and evaluation of features to be managed and enhanced; including a) Description of new landscape planting incorporating native plant species b) Gaps of suitable dimensions (130mmx 130mm) should be provided at the foot of permanent perimeter and boundary fences at selected points to permit the movement of hedgehogs around the site post construction. c) To ensure that holes are kept open ‘Hedgehog Highway’ signage should be provided (sourced by Peoples Trust for Endangered Species and/or British Hedgehog Preservation Society) and secured above the holes. d) The location and number of bat roosting features should be included within the new residential properties e) The location and number of bird nest boxes should be integrated into the new residential properties. ii) Extent and location/area of proposed enhancement works on appropriate scale maps and plans; iii) Aims and Objectives of management; iv) Appropriate Management Actions for achieving Aims and Objectives; v) An annual work programme (to cover an initial 5 year period); For each of the first 5 years of the Plans, a progress report shall be sent to the Local Planning Authority reporting on progress of the annual work programme and confirmation of required Actions for the next 12 month period. The Plans shall be reviewed and updated every 5 years to ensure their aims and objectives are being met. The approved Plans will be implemented in accordance with the approved details. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme. Reason To ensure no net loss in biodiversity across the sites. USES 40 The retail Uses falling within use class E (a) hereby permitted shall have a minimum gross floor area of 375.9 sqm and be used predominantly for the sale of convenience goods. Reason In accordance with the supporting information and to comply with Local Plan Policies. 41 The Sui Generis Hot Food Takeaway uses hereby permitted shall have a maximum gross floor area of 510sqm. Reason In accordance with the supporting information and to comply with Local Plan Policies. 42 The Office Uses within use class E (g) hereby permitted shall have a minimum gross floor area of 368sqm. Reason In accordance with the supporting information and to comply with Local Plan Policies. 43 Unit B1 as shown on drawing reference ‘PROPOSED SITE PLAN - OLIV-CDA-SP-SL-DR-A-0400-Rev AC’ shall be used only as a Community Facility within Use Class F2 (b) and retained in perpetuity for this use Reason In accordance with the supporting information and to comply with Local Plan Policies. PHASING 44 Phase A as shown on Phasing Plan OLIV-CDA-00-SL-DR-A-0412 Rev A shall be delivered in its entirety to practical completion stage, within 2 years of the date on this permission Reason To ensure that the social infrastructure and community facilities are delivered on site in a timely manner. 45 No more than 50% of the dwellings in phase C shall be occupied until the whole of Phase B as shown on Planning Phase plan LOIV-CDA-00-SL-DR-A-0412 Rev A has reached practical completion. Reason To ensure that the social infrastructure and community facilities are delivered on site in a timely manner. Reason In accordance with the submitted information and to ensure that the Mixed Use element of the scheme is provided on site in within a suitable timeframe. BREEAM 46 Upon completion of the shell of each of the following units - B1, B2, C1, C2, E1-5 & F, a post construction BREEAM Assessment shall be submitted to and approved by the Local Planning Authority to demonstrate that each unit has achieved BREEAM Very Good rating based on a ‘Shell Only Development’ as identified in the submitted pre-assessment reports. Reason To achieve a sustainable form of development in accordance with Policy SP57 ‘Sustainable Construction’ and the NPPF 47 Prior to each of the following units being brought into use - B1, B2, C1, C2, E1-5 & F, a post fit out BREEAM Assessment shall be submitted to and approved by the Local planning Authority to demonstrate that each unit has achieved BREEAM Very Good rating. Reason To achieve a sustainable form of development in accordance with Policy SP57 ‘Sustainable Construction’ and the NPPF COMMUNICATION 48 Prior to first occupation details of measures to facilitate the provision of gigabit-capable full fibre broadband for the dwellings/development hereby permitted, including a timescale for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF LOCAL LABOUR AGREEMENT 49 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’ 50 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’ Informatives 01 An odour impact assessment must be carried out by competent person/s and in line with current best practice and guidance. Applicants are referred to guidance provided by IAQM: Guidance on the Assessment of Odour for Planning (version 1.1 July. 2018) and guidance provided by DEFRA: Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems (2005). (This guidance was officially withdrawn in 2017 but remains a useful reference point) and the EMAQ update (2018) on the same guidance document. 02 Yorkshire Water 1.Our Company records indicate a 315 mm diameter PVCu water main crosses the red line site boundary. The presence of the main may affect the layout of the site. It is recommended that no obstruction encroaches within 5 metres on either side of the main i.e. a protected strip width of 10 metres. Landscaping of the area should be limited, such that access to the main is unhindered and that root encroachment is minimised. 2. The exact line of the main will have to be determined on site under Yorkshire Water Services supervision. It may be possible for the main to be diverted under s.185 of the Water Industry Act 1991. These works would be carried out at the developer's expense. The cost of these works may be prohibitive. 3. A water supply can be provided under the terms of the Water Industry Act, 1991. Waste Water 1. The submitted Retail Area Drainage Design Philosophy Statement OLR-BED-00-00-RP-C-0003 (rev P02) dated 14/06/2023 is acceptable. In summary, the report states that i) The proposed separate drainage systems included within the mixed use development application will discharge to separate off-site drainage connections which are part of the wider Waverley development project. ii) Foul water will discharge to off-site stubs connected to the wider foul water drainage network iii) Surface water from the section will discharge from two separate points of discharge via flow control chambers at a restricted rate of 151 litres per second and 101 litres per second. iv) Appropriate by-pass separators installed on the surface water drainage network to collect run-off from the carpark areas. 2. Development of the site should take place with separate systems for foul and surface water drainage. The separate systems should extend to the points of discharge to be agreed. Foul water from kitchens and/or food preparation areas of any restaurants and/or canteens etc. must pass through a fat and grease trap of adequate design before any discharge to the public sewer network. Under the provisions of section 111 of the Water Industry Act 1991 it is unlawful to pass into any public sewer (or into any drain or private sewer communicating with the public sewer network) any items likely to cause damage to the public sewer network interfere with the free flow of its contents or affect the treatment and disposal of its contents. Amongst other things this includes fat, oil, nappies, bandages, syringes, medicines, sanitary towels and incontinence pants. Contravention of the provisions of section 111 is a criminal offence. If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he/she should contact our Developer Services Team (telephone 03451 208 482, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Code for Adoption - a design and construction guide for developers' as supplemented by Yorkshire Water's requirements. 03 Drainage 1. Records indicate site to be in Environment Agency Flood Warning Area. 2. Flood resilience should be duly considered in the design of the new building/s or renovation. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BRE Good Building Guide 84. 3. The applicant should provide a Flood Evacuation Plan which outlines: • The flood warning procedure. • A safe point of extraction. • How users can safely evacuate the site upon receipt of a flood warning. • The areas of responsibility for those participating in the plan. • The procedures for implementing the Plan. • How users will be made aware of the flood risk. • How users will be made aware of flood resilience. • Who will update the flood evacuation plan? 4. Surface Water Discharge From Brownfield Site: There should be no increase in surface water discharge from the site to existing sewers / watercourses. On site surface water attenuation will therefore be required if drained areas to existing sewers / watercourses are to be increased. A 30% net reduction to existing peak discharge (up to a 1/100 yr storm + 40% CC) will be required if the site is being re-developed. A full justification will be required where the development cannot achieve the 30% betterment on the existing run-off rate. 5. On Site Surface Water Management: The site is required to accommodate rainfall volumes up to 1 in 100 year return period (plus climate change) whilst ensuring no flooding to buildings or adjacent land. The applicant will need to provide details and calculations including any below ground storage, overflow paths (flood routes), surface detention and infiltration areas etc. to demonstrate how the 100 year + 40% CC rainfall volumes will be controlled and accommodated. Where cellular storage is proposed and is within areas where it may be susceptible to damage by excavation by other utility contractors, warning signage should be provided to inform of its presence. Cellular storage and infiltration systems should not be positioned within highway. Guidance on flood pathways can be found in BS EN 752. 6. If infiltration systems are to be used for surface water disposal, the following information must be provided: • Ground percolation tests to BRE 365. • Ground water levels records. Minimum 1m clearance from maximum seasonal groundwater level to base of infiltration compound. This should include assessment of relevant groundwater borehole records, maps and on-site monitoring in wells. • Soil / rock descriptions in accordance with BS EN ISO 14688-1:2002 or BS EN ISO 14689-1:2003 • Volume design calculations to 1-in 100-year rainfall + 40% climate change standard. An appropriate factor of safety should be applied to the design in accordance with CIRIA C753 – Table 25.2. • Location plans indicating position (Soakaways serving more than one property must be located in an accessible position for maintenance). Soakaways should not be used within 5m of buildings or the highway or any other structure. • Drawing details including sizes and material. • Details of a sedimentation chamber (silt trap) upstream of the inlet should be included. Soakaway detailed design guidance is given in CIRIA Report 753, CIRIA Report 156 and BRE Digest 365. 7. Car wash run-off should discharge to sewer only not to watercourse or soakaway. The applicant should demonstrate sufficient drainage on site to intercept the car wash run-off and prevent flows running on to neighbouring properties and the public highway. There should also be sufficient drainage arrangements in place to remove silt and oil from the car wash run-off (silt trap/s and oil interceptor). The applicant should contact the sewerage authority for a licence to discharge industrial waste to the public sewerage system. 8. A Flood Risk Assessment (FRA) should be provided for the proposed development site, in accordance with the NPPF. Where the site is at risk of flooding (Fluvial and Pluvial), details of place of refuge/evacuation should be considered and sign up to the Environment Agency Flood Warning Service. 9. All Micro Drainage calculations and results must be submitted in .MDX format, to the LPA. (Other methods of drainage calculations are acceptable) 10. If the development is proposing to make a new highway drainage connection to an existing highway drainage system, detailed CCTV surveys and modelling of the existing highway drainage system will be required to determine the capability to accept additional flow. Discharge will be limited to greenfield run-off rates. 11. Any SuDS/Drainage system installed must not be at the detriment to the receiving watercourse or ground (infiltration), so manging the quality of the run-off to must be incorporated into any design in accordance with CIRIA 753 The SuDS Manual The design of flow control devices should, wherever practicable, include the following features: a) Flow controls may be static (such as vortex flow controls or fixed orifice plates) or variable (such as pistons or slide valves); b) Controls should have a minimum opening size of 100 mm chamber, or equivalent; c) A bypass should be included with a surface operated penstock or valve; and d) Access should be provided to the upstream and downstream sections of a flow control device to allow maintenance. 12. For major developments, the LPA is required to ensure there are suitable ongoing maintenance arrangements over the lifetime of the development (see NPPF paragraph 169, page 48). Options for SuDS adoption and maintenance include: a) Adoption by Water and Sewerage Company (WSC) - The developer may enter into a section 104 agreement (Water Industry Act 1991) with the local WSC. b) Private Maintenance Arrangement. Provide all drainage management and maintenance plans for the lifetime of the development, which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime (e.g. signed Section 104 agreement). 13. Whereby a private maintenance arrangement is proposed and the development is unlikely to remain under single ownership or within a single curtilage over its lifetime a condition will require a satisfactory legal agreement to be drawn up to provide for inspection and maintenance of the proposed surface water drainage scheme. This legal agreement is required BEFORE the first occupation of any dwelling or building on the site. Over the lifetime of the development an agreement must include the following: a) A detailed operational maintenance plan; b) Physical access arrangements for maintenance, and establishment of legal rights of access in perpetuity, prior to the commencement of any phase of the development; c) A financial revenue plan clearly setting out how funding for maintenance is to be raised over the lifetime of the development; d) A whole life cost analysis for capital maintenance over the lifetime of the development. Any values should be based on the current HM Treasury Present Value (PV) Discount Rate. Assumptions about the expected useful life of materials should be included in any such analysis; and e) Details of financial surety to ensure long-term maintenance and capital maintenance costs of apparatus. It is for the developer to demonstrate that a suitable financial underwriting arrangement is in place. 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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