| 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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans;
List of plans
Z237 - 002 Site Layout, (received 29/09/2025)
Amended House Type Pack, (received 29/09/2025)
4153/208.18 0.45 Knee Rail Fence Detail
2101-208.04 1.2 Post and Rail Detail
2101-208.02 1.8 Screen Fence Detail
2101/208.01 1.8 Wall and Pier Fence Detail
2101/208.16 2.4 Screen Fence
4153/208.04 2.4m stone Pier and Panel Wall
4143/208.13 Stone Wall
4153/208.00 Existing Stone Wall Frontage
Conversion
4204-494 Proposed Frist Floor Plans (received 14/11/2025)
4204-295 Proposed Elevations 1 – 5
4204-296 Proposed Elevations 6 – 7
4204-290 Existing Ground Floor Plans Rev A
4204-291 Existing First Floor Plans Rev A
4204-292 Existing Elevations Rev A
4204-293 Proposed Ground Floor Plans Rev A
Reports
BWB Air Quality Assessment January 2024 Rev 2.0
ENS Noise Impact Assessment 05 January 2024 Final
BWB Arboricultural Impact Assessment January 2024
MAP Archaeology and Heritage Impact Assessment VA210723
BWB Ecological Impact Assessment January 2024 P02
BNG Metric January 2024
BWB BNG Assessment January 2024 P02
AMA Flood Risk Assessment January 2024 Rev 2
Lithos Geoenvironmental Appraisal 3954/2A
Lithos Remediation Strategy 3954/3A
TPS Transport Statement July 2023
TPS Proposed RTGI Arrangement D-1001 Rev C
Reason
To define the permission and for the avoidance of doubt.
03
Prior to works commencing above ground level for the new build, and prior to the commencement of the conversion of the existing buildings, details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to the Local Planning Authority or samples of the materials shall be left on site, and 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
Prior to occupation of the dwellings hereby approved, a detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be 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.
-The extent of any changes to existing ground levels, where these are proposed.
-Any constraints in the form of existing or proposed site services, or visibility requirements.
-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 maintenance and a schedule of operations, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme within a timescale agreed, in writing, by the Local Planning Authority.
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 Policy SP32 Green Infrastructure and Landscape.
Highways
05
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.
06
Prior to the occupation of the dwellings hereby approved, details of the proposed footway improvements as shown in draft form on Drg No 23045-LE-01-ZZ-DR-D-0001 Rev P04 shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of a dwelling.
Reason
In the interests of pedestrian safety.
07
Prior to the commencement of works a Construction Traffic and Environment Management Plan shall be submitted to and approved in writing by the Council and the approved Plan shall be adhered to throughout the construction period.
The Plan shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The Plan to be submitted shall be in report format and as a minimum shall include the following details as specified in the subheadings below:
• Program and Phasing Details
- Site layout
- Operational hours
- Expected duration of demolition and construction work phases
• Site Management
- Contact details of site manager for public liaison purposes
- Complaints procedure
- Roles and responsibilities
• Routes for Construction Traffic and on site car parking
- Routes to be used for access onto site and egress
- One way systems
- Haul routes (onsite and delivery)
- On site car parking / manoeuvring facilities for delivery vehicles and workers
• Site Access, Storage and Movement of Materials
- Delivery access point details
- Location details of storage areas
- Delivery times of materials and plant
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Dust suppression measures -General and machinery
- Wheel wash facilities
- Road sweeping facilities
- Covering of dusty stockpiles
- Vehicles carrying dusty loads
- Dust monitoring
- Boundary checks
- Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery
- Mitigation measures for noisy operations
- Operational hours
- One way systems
- Vehicle reverse alarms
- Leaflet drops to noise sensitive premises
• Artificial Lighting
- Hours of operation of the lighting
- Location and specification of all of the luminaires
- Level of maintained average horizontal illuminance for the areas that needs to be
Illuminated.
- Predicted vertical illuminance that will be caused by the proposed lighting when
measured at windows of any properties in the vicinity.
- Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site.
• Waste Management
- Waste storage
- Waste collection
- Recycling
- Waste removal
Reason:
To safeguard the amenities of the occupiers of nearby properties
in accordance with SP52 ‘Control of Pollution.’
08
When the proposed access has been brought into use, the existing access marked on the submitted plan shall be permanently closed and the footway reinstated in accordance with details to be submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway and pedestrian safety.
09
Prior to the occupation of the dwellings hereby approved, road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented before the development is brought into use, or as otherwise agreed in writing with the Local Planning Authority.
Reason
No details having been submitted they are reserved for approval.
10
Before the conversion element is brought into use the communal 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 parking spaces and to avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
11
Prior to the first dwelling being occupied a Travel Pack should be produced in the form of an introduction pack to the area with information on buses, trains, cycle and walking routes, local facilities such as schools, doctor’s surgeries and other local facilities (shops, parks etc.) and submitted to and approved by the Local Planning Authority. The approved Travel Pack shall be provided for each new resident on first occupation of any dwelling.
Reason
To promote sustainable travel choices.
Air Quality and Emissions
12
Prior to the occupation of dwellings hereby approved, details of vehicle charging points (1 per dwelling) shall be submitted to and approved by the local planning authority. These details shall include vehicle charging points located in allocated parking spaces in the car parking area to serve the 7 no. dwellings converted out of the former agricultural buildings. The dwellings shall not be occupied until the charging points have been provided, and they shall thereafter be retained.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
Land Contamination
13
Following removal of all below ground structures and demolition of existing above ground structures and prior to above ground works commencing, further intrusive site investigations shall be undertaken to fully determine the geotechnical and geo-environmental constraints at the site complete with ground gas monitoring. The investigation and subsequent risk assessment must be undertaken in accordance with section 15.9 of the report entitled ‘Geo-Environmental Appraisal – Land at Fosters Garden Centre, Rotherham’ - prepared by Lithos Consulting Ltd, dated July 2023, Report no. 3954/2, by competent persons and a written report of the findings shall be submitted to and approved by the Local Planning Authority.
The above shall be conducted in accordance with the new guidance document ‘Land
Contamination Risk Management’ (October 2020) and predecessor guidance ‘Model
Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017)
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
14
Due to the presence of made ground on site, foundation design will need to be undertaken in accordance with the recommendations made within section 13.4 of the report entitled 'Geo-Environmental Appraisal – Land at Fosters Garden Centre, Rotherham’ - prepared by Lithos Consulting Ltd, dated July 2023, Report no. 3954/2
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
15
Subject to the findings of the investigation and subsequent risk assessment, required by Condition 13 and prior to above ground works commencing, a Remediation Method Statement shall be submitted to and approved by the Local Planning Authority prior to any remediation works commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation. The approved Remediation works 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 Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
16
Prior to the commencement of development, a Detailed Design Report for Gas Mitigation Measures will be provided for approval by the Local Planning Authority, and shall provide details of the identified gas protection measures required, complete with drawings to show how the gas protection measures will fit into the overall building designs. The development shall proceed in accordance with the approved details.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
17
Post-construction of the dwellings hereby approved, a gas verification report shall be provided for each building to confirm that the installed measures meet the required standards as detailed within the Design Report for Gas Mitigation Measures. Inspection reports for each building will be submitted, and the dwellings shall not be occupied until the Gas Verification Report is approved by the Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
18
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. 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 the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
19
If virgin material, subsoil/topsoil materials are required to be imported to site for remedial works, then these materials 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 and will not present a risk to future users of the site and the environment.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
20
Due to elevated sulphate concentrations being detected, any buried concrete to be used on site shall 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 need to be evidenced.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
21
Suitable water supply pipes will need to be specified for the site which are considered capable of resisting chemical attack from residual contaminants remaining within the made ground. The details of these water supply pipes shall be submitted to and approved in writing with the Local Planning Authority. The development shall proceed in accordance with the approved details.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
22
Following completion of any remedial works a Validation Report will be forwarded to this Local Planning Authority for review and comment. The Validation 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 validation report together with the necessary documentation detailing what waste materials have been removed from the site. The dwellings shall not be occupied until such time as all validation data has been submitted to and approved in writing by the Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
Drainage
23
The details of the foul and surface water drainage shall be carried out in accordance with the approved FRA and Drainage strategy report no. 20906-FRADS-003
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.
24
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 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.
Ecology
25
All residents of the new dwellings in the converted barns shall be given an information pack regarding the presence of the bat roost, the legal protection the bat roost is afforded, information regarding bat roosts that bats will not present a risk to their properties and the periodical monitoring visits that will be undertaken. This information pack shall be agreed with the Local Planning Authority in writing with the agreed details disseminated to each household in the converted barns upon first occupation.
Reason
In the interest of ecology.
26
Notwithstanding the submitted details, prior to the occupation of the converted dwellings Plots 1 to 7 of the conversion, details of external lighting on the converted buildings and within the communal garden and parking areas, as well as the communal greenspace area to the south, 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. The details shall include, but not limited to, the following:
a) A drawing showing sensitive areas and/or dark corridor safeguarding areas.
b) Technical description, design or specification of external lighting to be installed including shields, cowls or blinds where appropriate.
c) A description of the luminosity of lights and their light colour.
d) A drawing(s) showing the location and where appropriate the elevation and height of the light fixings.
e) Methods to control lighting control (e.g. timer operation, passive infrared sensor (PIR)).
f) Lighting contour plans both horizontal and vertical where appropriate and taking into account hard landscaping, etc.
All external lighting shall be installed in accordance with the specifications and locations set out in the approved details. These shall be maintained thereafter in
accordance with these details. Under no circumstances shall any other external lighting be installed without the prior approval in writing of the Local Planning Authority.
Reason
To protect species protected by law.
27
No removal of hedgerows, trees or shrubs or buildings 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
To protect species protected by law.
28
Prior to the commencement of development, a Biodiversity Enhancement & Management Plans (BEMPs) 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) shall 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
shall 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 to be included
within the new residential properties
e) The location and number of bird nest boxes, including Swift bricks, to 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 approved Plans
will be implemented in accordance with the approved details.
Reason
To ensure no net loss in biodiversity across the sites.
Noise Attenuation and Amenity
29
The scheme of sound attenuation set out in the approved Noise Impact Assessment, including glazing, trickle ventilation, mechanical ventilation and boundary walls/fencing (the latter subject to approval from a design and appearance perspective) shall be provided and installed in accordance with the criteria as specified in Section 5.2, Section 5.3 and Appendix 3 of the Noise Impact Assessment undertaken by Environmental Noise Solutions Limited, dated 5 January 2024 prior to the occupation of the dwellings hereby approved.
Reason
To safeguard the amenities of future occupiers in accordance Policy SP52 ‘Control of Pollution.’
Other Conditions
30
Notwithstanding the provisions Schedule 2, Part 1, and Part 2 Class A of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re--enacting that Order with or without modification), Plots 1 to 7 of the conversion hereby approved, shall have no further extensions or external alterations including external lighting to the buildings shall be carried out, or outbuildings or boundary treatment erected [all other than those expressly authorised by this permission] without the prior permission of the Local Planning Authority.
Reason
To protect the setting of the Grade II Listed Building in accordance Policy SP40 ‘Listed Buildings.’
31 Archaeology
Part A (pre-commencement)
No development, including any demolition and groundworks, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of
Investigation (WSI) that sets out a strategy for archaeological investigation and this has been approved in writing by the Local Planning Authority. The WSI shall include:
• The programme and method of site investigation and recording.
• The requirement to seek preservation in situ of identified features of importance.
• The programme for post-investigation assessment.
• The provision to be made for analysis and reporting.
• The provision to be made for publication and dissemination of the results.
• The provision to be made for deposition of the archive created.
• Nomination of a competent person/persons or organisation to undertake the works.
• The timetable for completion of all site investigation and post-investigation works.
Part B (pre-occupation/use)
Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason:
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
32
All roof lights hereby approved on the converted buildings shall be conservation style unless otherwise agreed in writing with the Local Planning Authority.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity in accordance with Local Plan Polices SP40 Listed Buildings, SP55 Design Principles, CS23 ‘Valuing the Historic Environment’ and CS28 ‘Sustainable Design.’
33
Prior to the development of the converted buildings being brought into use, details of the surface treatment of all shared space areas, including the internal courtyard, paths around the building and the allocated parking and turning areas, shall be submitted for the approval of the Local Planning Authority. The approved details shall be completed prior to the occupation of the first dwellings on the site and shall be retained and maintained for the lifetime of the development.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity in accordance with Local Plan Polices SP40 Listed Buildings, SP55 Design Principles, CS23 ‘Valuing the Historic Environment’ and CS28 ‘Sustainable Design.’
34
Prior to the conversion element being brought into use, details of the external rainwater goods at a scale of 1:10 shall be submitted to and approved in writing with the Local Planning Authority. The rainwater goods shall be cast iron or cast aluminium and painted black with the gutters supported on rise and fall brackets. The development shall proceed 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 in accordance with Local Plan Polices SP40 Listed Buildings, SP55 Design Principles, CS23 ‘Valuing the Historic Environment’ and CS28 ‘Sustainable Design.’
35
All windows and doors on the converted buildings shall be constructed of natural timber or aluminium, the details of which shall be submitted to and approved in writing with the Local Planning Authority. These details shall include their colour treatment. The development shall proceed in accordance with the approved details.
Reason
To protect the special character and appearance of the Grade II Listed Building and the undesignated heritage assets in accordance with Local Plan Polices SP40 Listed Buildings, SP55 Design Principles, CS23 ‘Valuing the Historic Environment’ and CS28 ‘Sustainable Design.’
Informatives
01
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
02
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.
03
Drainage Informatives:
In order to discharge Drainage Conditions, the applicant is advised that they would be expected to submit information including but not limited to the following:
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
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.
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.
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.
04
Ecology Informative:
Guidance regarding lighting issues can be found in the ‘Guidance Note 08/23:
Bats and Artificial Lighting At Night’ Institute of Lighting Professionals, 2023.
05
Adjacent to the application site there is 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
06
Please note that in order to discharge Condition 06, relating to the provision of the footway. This will require the developer to enter into a S278 agreement with the Council, the applicant should contact david.phillips@rotherham.gov.uk in this regard).
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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