| 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, 05, 09, 10 and 13 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, 05, 09, 10 and 13 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 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 (as set out below) –
• Site Location Plan – JHY-1102-LP
• Proposed Site Layout – 3397-1-001 Rev BB
• Boundary Treatment Plan – 3397-1-130 Rev I
• Elevation Treatment Plan – 3397-1-010 Rev F
• Building Heights Plan – 3397-1-011 Rev E
• Managed Areas Plan -3397-1-010 Rev F
• Proposed Handforth Housetype – 3397-1-201 Rev A
• Proposed Mottram Housetype – 3397-1-200 Rev A
• Proposed Birch NDSS Housetype – 3397-1-202 Rev A
• Proposed Keswick Housetype – 3397-1-204 Rev A
• Proposed Kendal Housetype – 3397-1-203 Rev A
• Proposed Banbury Housetype – 3397-1-205 Rev B
• Proposed Buckley Housetype – 3397-1-206
• Proposed Bentley Housetype -3397-1-208 Rev B
• Proposed Buckley Corner Turner Housetype – 3397-1-207
• Proposed Latchford Housetype – 3397-1-209
• Proposed Street Scenes – 3397-1-002 Rev F
• Proposed Levels Strategy – 1179-007 Rev B
• POS-Play Area Plan – 3397-1-012 Rev D
• Substation Details – C1065234 Rev 0
Reason
To define the permission and for the avoidance of doubt.
02
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, and the details have been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.
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.
03
The boundary treatment shall be provided on site in accordance with the details
of the approved Boundary Treatment Plan. The approved boundary treatment shall be implemented prior to the occupation of each dwelling.
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
TRANSPORTATION/SUSTAINABILITY
04
Prior to the commencement of development, a detailed scheme for the provision of pedestrian crossings in Stainton Lane at the junction of Stainton Lane / Grange Lane and at the Eastern site boundary shall be submitted to and approved by the Planning Authority, along with a phasing plan / timetable for its implementation. The approved scheme shall be implemented in accordance with the approved phasing plan/timetable.
Reason
In the interest of Highway Safety
05
Prior to the commencement of development, a detailed scheme for the proposed site access to Stainton Lane including pedestrian crossing points, street lighting and drainage improvements shall be submitted to and approved by the Local Planning Authority along with a phasing plan / timetable for its implementation. The approved scheme shall be implemented in accordance with the approved phasing plan / timetable.
Reason
In the interest of Highway Safety
06
Before the development is brought into use visibility splays 2.4 x 160m (west) and 2.4 x 120m (east) shall be rendered effective by removing or reducing the height of anything existing on the land between the visibility splay and the highway which obstructs visibility at any height greater than 900mm above the level of the nearside channel of the adjacent carriageway and the visibility thus provided shall be maintained.
Reason
In the interest of Highway Safety
07
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification) the garages for plots 21, 36, 58, 80, 86, 168, 176, 191, 214, 240, 244 and 264 shall be made available at all times for vehicle parking purposes.
Reason
In the interest of Highway Safety
08
Before the development is brought into use, that part of the site to be used by vehicles shall be properly 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.
All to the satisfaction of the Local Planning Authority and 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 Local Plan policy.
09
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented on site.
Reason
No details having been submitted they are reserved for approval.
10
Prior to the commencement of development a Construction Traffic Management Plan
/ Method Statement shall be submitted to and approved by the Local Planning Authority. The approved statement shall be fully implemented and adhered to throughout the construction period. The Statement shall provide for; Wheel wash facilities / storage / loading / unloading of materials / plant; and car parking facilities for the construction staff.
Reason
In the Interests of Highway Safety
11
The vehicle intervention measures shown on the approved plans shall be implemented on site prior to the first use of the access points from the development site onto the public footpath.
Reason
Reason In the interest of amenity of future residents of the site.
12
The Electric Vehicle Charging Points shown on the approved Site Layout Plan
shall be provided for each dwelling/car parking space prior to the occupation of each dwelling or each car parking space being brought into use.
Reason
To promote sustainability in accordance with the Local Plan and the NPPF.
DRAINAGE
13
The development hereby granted shall not be begun until details of the foul & surface water and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin and in accordance with Policy CS25 of the Local Plan.
14
A Sustainable Drainage System (SuDS) is the Local Planning Authoritys preferred option. If not proposed then a detailed explanation of any alternative option and reasons for rejecting a SuDS solution shall be submitted and approved by the Local Planning Authority.
Reason
To comply with current planning legislation - National Planning Policy Framework.
15
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
16
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 ensure that no foul or surface water discharge take place until proper provision has been made for their disposal in accordance with CS24 of the Local Plan
ENVIRONMENTAL
17
Glazing and ventilation shall meet the noise reduction criteria as specified in section 6.1.3 (refer to D1 & D4 within that section) and appendix D (figures D1 & D4). Trickle ventilation shall be provided to dwellings as indicated in appendix D (figures D1 & D4) of the submitted Noise Assessment, to achieve a minimum sound reduction of 39dB D,n,e,w.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance
with RMBC Policy SP52 and parts 12 & 15 of the NPPF
18
Close boarded fencing or a solid wall of a minimum height of 1.8m and a minimum surface mass of 10kg/m2 with no holes or gaps shall be installed to the boundaries of all dwellings fronting Stainton Lane Maltby as shown on the proposed site layout dated 26th October 2022 (drawing no. 3397-1-001) in Appendix B of the submitted Noise Assessment.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance
with RMBC Policy SP52 and parts 12 & 15 of the NPPF
LANDSCAPING & ECOLOGY
19
Landscaping of the site as shown on the approved plans (drawing no. 4133/2100
Rev D, 4133/2101 Rev D, 4133/2102 Rev D, 4133/2103 Rev D, 4133/2104 Rev D,
4133/2105 Rev D, 4133/2106 Rev D, 4133/2107 Rev D) shall be carried out during
the first available planting season after commencement of the development and
thereafter maintained for the lifetime 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.
20
Notwithstanding the submitted details, before above ground works commence details of external / internal lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall clearly demonstrate that lighting will not cause excessive light pollution or disturb or prevent bats or other species using key corridors, foraging habitat features or accessing roost sites.
Reason
In the interest of Biodiversity at the site.
21
Notwithstanding the submitted details, before above ground works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes and nesting opportunities for birds, shall be submitted to and agreed in writing with the Local Planning Authority. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
The scheme shall include, but not limited to, the following details:
i. Description, design or specification of the type of feature(s) or measure(s) to be
undertaken;
ii. Materials and construction to ensure long lifespan of the feature/measure
iii. A drawing(s) showing the location and where appropriate the elevation of the
features or measures to be installed or undertaken.
iv. When the features or measures will be installed within the construction,
occupation, or phase of the development.
Reason
In the interest of Biodiversity at the site.
OTHER
22
Before the commencement of above ground development details of a defibrillator and a life buoyancy aid to be provided on site and a timetable for their provision shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented on site in accordance with the agreed timetable.
Reason
In the interest of safety and amenity
Informatives
01
Highways
A Road Safety Audit stage 2 will be required in support the information submitted for Conditions 04 & 05 and the developer will be required to enter into a S278 (Highways Act) legal agreement with the Council for the works within the existing adopted highway).
In relation to condition 06 The applicant is to enter into an agreement with the Council to maintain the grass highway verge as part of the landscaped areas within the site
02
South Yorkshire Fire and Rescue
access for fire appliances should be in accordance with Building Regulations, Approved Document B, volume 1, Requirement B5 section 13. Your attention is drawn to Table 13.1 where the pump appliance is quoted as 12.5 tonnes maximum carrying capacity (MCC) and for a high reach appliance the MCC is 17.0 tonnes. South Yorkshire pump and high reach appliances both have a MCC of 18.0 tonnes. Therefore, any roadways and associated inspection covers should be capable of withstanding these weights.
Water supplies for fire-fighting purposes should be provided to comply with Building Regulations Approved Document B, volume 1 Requirement B5 section 14.
03
South Yorkshire Police
It is recommend that the development is designed and built to Secured by Design standards www.securedbydesign.com
04
Drainage
In order to discharge Conditions 13 & 14, the applicant is advised that they would be expected to submit information including but not limited to the following:
5. Surface water drainage plans should include the following:
? Rainwater pipes, gullies and drainage channels including cover levels.
? Inspection chambers, manholes and silt traps including cover and invert levels.
? Pipe sizes, pipe materials, gradients and flow directions.
? Soakaways, including size and material.
? Typical inspection chamber / soakaway / silt trap and SW attenuation details.
? Site ground levels and finished floor levels.
6. 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.
7. 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.
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.
For major developments, the LPA is required to ensure there are suitable ongoing maintenance arrangements over the lifetime of the development (see NPPF).
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)
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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