| 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 11, 13, 20 and 21 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 11, 13, 20 and 21 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.’
General
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)
(Drawing numbers
location plan
Revised site plan TEM-OOB-S0-00-DR-L-00001 Rev P04
site demolition plan TEM-AHR-S0-XX-DR-A-90-002 Rev P1
Elevations TEM-AHR-B1-ZZ-DR-A-20-101 Rev P1
Floorplans TEM-AHR-B1-00-DR-A-20-001 Rev P1
Roofplans TEM-AHR-B1-RF-DR-A-27-001 Rev P1
Draft landscaping plan TEM-OOB-S0-00-DR-L-00001 Rev P06
received 31.07.23, 25.09.23 and 06.11.23).
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing nos. elevations and floorplans (ref TEM-AHR-B1-ZZ-DR-A-20-101 Rev P1 and TEM-AHR-B1-00-DR-A-20-001 Rev P1). The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design.
04
The premises shall only be used for the following uses:
Unit 1 Use Class B2, B8 and Class E:(b) and for no other purposes within Class E. The E:(b) unit shall not exceed a floorspace of 200sqm at any date in future.
Units 2-7 Use Class B2, B8 and Class E:(g) and for no other purposes within Class E. The Office Use E:(g) shall be for an ancillary office only and shall not be for a standalone use in future.
Reason
No information has been submitted to allow for an assessment of an unrestricted E retail use outside of a defined centre as required by the NPPF.
05
No part of the land other than that occupied by buildings shall be used for the storage of goods, components, parts, waste materials or equipment without the prior written approval of the Local Planning Authority.
Reason
To prevent the land from becoming unsightly in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design.
Highways
06
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 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.
07
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking. Areas within the car park marked keep clear shall remain clear of any stationary vehicle at all times.
Reason
To ensure the provision of satisfactory parking spaces and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
08
Prior to the first unit being occupied, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.
Reason
In order to promote sustainable transport choices.
Electric Vehicle Charging Points
09
Before the building is brought into use a scheme detailing the dedicated facilities that will be provided for charging electric vehicles and other ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall meet at least the following minimum standard for numbers and power output:
• One Standard Electric Vehicle Charging Point providing a continuous supply of at least 16A (3.5kW) for at least 20% of the development.
Parking spaces that are to be provided with charging points shall not be brought into use until the charging points are installed and operational. Charging points installed shall be retained thereafter.
Reason
In the interest of supporting and encouraging low emission vehicles, in the interest of air quality enhancement, to comply with the aims and objectives Chapters 2, 9 and 15 of the National Planning Policy Framework.
Odour
10
All cooking fumes shall be exhausted from the building via a suitable extraction system. This shall include discharges at a point not less than one metre above the highest point of the ridge of the building or any such position as may be agreed in writing by the Local Planning Authority prior to the commencement of the development. The extraction system shall be operated and maintained in accordance with the manufacturer’s specifications. The system shall be operated effectively during cooking.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
Construction Environmental Management Plan
11
Prior to the development commencing an updated Construction Environmental Management Plan (CEMP) shall be submitted to and agreed in writing with the Local Planning Authority. The plan shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties and shall provide information in respect of the following matters:
• Program and Phasing Details
- Site layout
- Expected duration of demolition and construction work phases
• Site Management
- Contact details of site manager
- Complaints procedure
- Roles and responsibilities
- Details of public liaison meetings (including details of the frequency of meetings and of those to be invited to the meetings).
• Routes for Construction Traffic
- Routes to be used to and from the site along the road network within the Rotherham Borough.
- Proposed access/egress points onto the site.
- One way systems
- Haul routes (on-site and delivery)
NOTE: Where temporary access is required during the construction phase, these should benefit from separate planning permission if not approved under the host permission. Appropriate S278/S184 Agreements (as appropriate) must be gained from the Highways Authority before any works commence on site.
• Site Access, Storage and Movement of Materials
- Delivery access point details
- Location details of storage areas
- Delivery times of materials and plant
- Location of on site parking and turning provision
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Details of soil and its movement and temporary storage during construction
- Dust suppression measures - General and machinery
- Wheel wash facilities (including details of source of water)
- 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
NOTE: Regards shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014. In addition, measures shall be taken to minimise mud on nearby public roads, such that road sweepers are only required on these roads in exceptional/emergency circumstances.
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery.
- Mitigation measures for noisy operations
- Operational hours (to include site opening hours, operational hours of workers, and delivery of goods hours).
- One way systems
- Vehicle reverse alarms (white noise reversing alarms should be used as opposed to bleeper alarms, particularly where close to residential properties)
- Leaflet drops to noise sensitive premises
NOTE: Regards shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• 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.
NOTE: Regards shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
• Waste Management
- Waste storage
- Waste collection
- Recycling
- Waste removal
The agreed CEMP shall be adhered to throughout the construction of the development.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with part 15 of the NPPF and Supplementary Planning Document No.2 Air Quality & Emissions.
Yorkshire Water/Drainage
12
The development shall be carried out in accordance with the details shown on the submitted plan, ‘Drainage Plan 1 of 3' (revision P2) dated 19/05/23 that has been prepared by Adept", unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage
Local Labour Agreement
13
Construction Phase
Prior to the commencement of development, 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’
14
Operational Phase
Prior to the operational use of the 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’.
Pollution Control
15
Prior to above ground works commencing any cut and fill earthworks required at the site shall be carried out under a Materials Management Plan, written and declared in accordance with the CL:AIRE Definition of Waste Code of Practice approved by the Environment Agency. This document shall be approved in writing by the Local Authority and the works carried out in accordance with any agreed details.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
16
Prior to above ground construction, a Detailed Design Report for Gas Mitigation Measures will be provided for review and comment 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. This document shall be approved in writing by the Local Authority and the works carried out in accordance with any agreed details.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
17
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 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 and paragraph numbers 183 and 184 of the National Planning Policy Framework.
18
Post construction, if subsoil/topsoil is required to be imported to site for remedial works/areas of soft landscaping, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
19
Following completion of any required remedial/ground preparation works, a Verification Report should be forwarded to the Local Authority for review and comment. 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. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the Verification Report together with the necessary documentation detailing what waste materials have been removed from the site. Post construction, a Gas Verification Report shall also be provided for each building to confirm that the measures constructed/installed meet the required standards. Inspection reports for each plot will be forwarded to the Local Authority for review and comment.
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 Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
Archaeology
20
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.
Trees
21
No operations (including initial site clearance) shall commence on site in connection
with development hereby approved until a suitable scheme (Arboricultural Method
Statement) for the protection of existing trees hedgerows has been submitted and its
installation on site has been approved in writing by the Local Planning Authority. All protection measures must fully detail each phase of the development process
taking into account demolition/site clearance works, all construction works and hard
and soft landscaping works. Details shall include the following:
• Full survey of all trees on site and those within influencing distance on adjacent sites in accordance with BS5837*, with tree works proposals. All trees must be plotted on a scaled site plan**, clearly and accurately depicting trunk locations, root protection areas and canopy spreads.
• A plan** detailing all trees and hedgerows planned for retention and removal.
• A schedule of tree works for all the retained trees and hedges specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998.
• Soil assessments/survey
• Timing and phasing of works
• Site specific demolition and hard surface removal specifications
• Site specific construction specifications (e.g. in connection with foundations, bridging, water features, surfacing)
• Access arrangements and car parking
• Level changes
• Landscaping proposals
• A Tree/Hedge protection plan** in accordance with BS5837* detailing all methods of protection, including but not restricted to: locations of construction exclusion zones, root protection areas, fit for purpose fencing and ground protection, service routes, works access space, material/machinery/waste storage and permanent & temporary hard surfaces.
• Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones.
• Details of the arboricultural supervision schedule.
All tree protection methods detailed in the approved Arboricultural Method Statement
shall not be moved or removed, temporarily or otherwise, until all works including
external works have been completed and all equipment, machinery and surplus
materials have been removed from the site, unless the prior approval of the Local
Planning Authority has first been sought and obtained.
*Using the most recent revision the of the Standard
** Plans must be of a minimum scale of 1:200 (unless otherwise agreed by the Local
Planning Authority)
Reason
To ensure appropriate tree protection in the interests of protecting the visual
amenity of the area, contributing to the quality and character of Rotherham’s
environment, air quality and adapting to and mitigating climate change in accordance
with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19:
Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape,
Policy CS28 Sustainable Design.
Landscaping
22
Prior to any above ground development taking place 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.
• 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 for the lifetime of the development, 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 and in accordance with the appropriate standards and codes of practice 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.
23
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.
24
Prior to occupation of the first unit a final plan indicating the positions, design, materials and type of boundary treatment and any replacement retaining wall to be erected shall be submitted to and approved in writing by the Local Planning Authority.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Core Strategy Policy CS28.
Informatives
Yorkshire Water
1.) Yorkshire Water has no objection in principle to the drainage details submitted on drawing 'Drainage Plan 1 of 3' (revision P2) dated 19/05/23 that has been prepared by Adept, namely:-
a.) The proposed separate systems of drainage on site and off site
b.) The proposed amount of domestic foul water to be discharged to the public combined water sewer c.) The proposed amount of curtilage surface water to be discharged to culverted watercourse
d.) The proposed point(s) of discharge of foul and surface water to the respective public sewers and watercourse
2.) On the Statutory Sewer Map, there is a 225 mm diameter public combined water sewer recorded to cross the site. It is essential that the presence of this infrastructure is taken into account in the design of the scheme.
a.) It may not be acceptable to raise or lower ground levels over the sewer and we will not accept any inspection chambers on the sewer to be built over.
b.) In this instance, Yorkshire Water would look for this matter to be controlled (by Requirement H4 of the Building Regulations 2010).
c.) A proposal by the developer to alter/divert a public sewer will be subject to Yorkshire Water's requirements and formal procedure in accordance with Section 185 Water Industry Act 1991.
3.) It is noted from the submitted planning application that surface water is proposed to be drained to culverted watercourse - Yorkshire Water fully endorse this means of surface water disposal.
a.) The developer should note that further restrictions on surface water disposal from the site may be imposed by other parties. The developer is strongly advised to seek advice/comments from the Environment Agency/Land Drainage Authority/Internal Drainage Board with regard to surface water disposal from the site. The landowners’ consent will be required for the construction of a new outfall structure.
b.) As surface water from the site is not proposed to discharge to the public sewer network, no assessment of the capacity of the public sewers to receive surface water has been undertaken. Should the surface water disposal proposals change, further consultation with Yorkshire Water will be required.
BREEAM
04
It is recommended that the scheme meet BREEAM ‘very good’ standards or better.
Signage
05
The applicant should note that final signage details, including the proposed totem sign would require advert consent for approval.
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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