| Conditions / Reason for Refusal: |
General
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:
INF/01 – Site Plan
INF/02 – Location Plan
INF/07 – Services Layout
INF/10 – Lighting Plan
2B01 – 2 Bed dwelling elevation and floor plans
3B01 – 3 Bed dwelling elevation and floor plans
Reason
To define the permission and for the avoidance of doubt.
02
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 and drawing number. INF/04. The development shall be carried out in accordance with these details.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
03
The boundary treatment used in the construction of the approved development shall be carried out in accordance with the details provided in the submitted application form and drawing number. INF/03. The approved boundary treatment shall be completed before the first dwelling is occupied.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
Highways
04
Prior to each dwelling being occupied they shall be provided with the EV Charging Point and equipment as shown on drawing number. INF/05. The charging points shall thereafter be retained.
Reason
In the interests of sustainable development and air quality.
05
The details contained within the submitted Travel Plan document shall be implemented before the development is first brought into use and shall thereafter be retained.
Reason
To promote sustainable transport modes.
06
Before the development is brought into use, that part of the site to be used by vehicles shall be constructed with either;
a/ a permeable surface and associated water retention/collection drainage, or;
b/ an impermeable surface with water collected and taken to a separately constructed water retention/discharge system within the site.
The area shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
07
The development shall not commence construction above ground level until details of the proposed alterations in the highway (footway provision across the verge) on Barbes Avenue, indicated on plan reference INF/01, have been submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the development is brought into use.
Reason
In the interests of highway safety.
Landscapes
08
The Landscape Scheme detailed on drawing number 22.014.LA1 – Landscape Plans shall be implemented in the next available planting season after the final dwelling is complete and shall thereafter be maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Ecology
09
The development shall be carried out in accordance with the submitted Biodiversity Management Plan to ensure that there is a minimum 10% net gain in biodiversity within a 30-year period as a result of the development.
Reason
In the interests of biodiversity enhancement.
10
The details contained within Table 1 and shown on the Biodiversity Enhancement Plan of the submitted document by Protected Species Surveys, shall be implemented before the first dwelling is occupied and thereafter retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
Drainage
11
The development shall be carried out in accordance with the drainage details submitted on drawing 'Drainage Design' STE/23/04/02 dated 01/08/23 that has/have been prepared by Shaun Tong. The approved details shall be implemented prior to the first dwelling being occupied.
Reason
To ensure that the site is connected to suitable drainage systems.
Construction Management Plan
12
The details set out within the Construction Management Plan (ref: INF/06) shall be implemented throughout the construction phase.
Reason
In the interests of highway safety and residential amenity.
Land Contamination
13
Prior to development commencing further limited Intrusive Site Investigation must be undertaken the to confirm the nature, presence and extent of contamination within the natural ground and shall be in accordance with the recommendations made in Section 10.1, sub heading natural ground, page 31 of the report entitled ‘Phase 2 Geotechnical and Geo-Environmental Site Investigation, Infirmary Road, Parkgate, Rotherham’ - prepared by Eastwood Consulting Engineers, dated 24th April 2023, reference 46046-ECE-XX-XX-RP-C-0001-AJK. The findings of the investigation are subject to the approval in writing of the Local Planning Authority.
Reason
To ensure the safe occupation of the site.
14
Foundation works within the north-western corner of the site are to be undertaken in accordance with section 8.2 – 8.3 – Foundations, page 22 of the report entitled ‘Phase 2 Geotechnical and Geo-Environmental Site Investigation, Infirmary Road, Parkgate, Rotherham’ - prepared by Eastwood Consulting Engineers, dated 24th April 2023, reference 46046-ECE-XX-XX-RP-C-0001-AJK.
Reason
To ensure the safe occupation of the site.
15
Prior to above ground works commencing a detailed Remediation Method Statement shall be provided and approved by this Local Authority prior to any remediation works commencing on site. 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 Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure the safe occupation of the site.
16
Elevated soluble sulphate concentrations have been recorded within the made ground and natural ground across the site. Sulphate precautions comprising DS-3 and AC-3 are to be incorporated into any concrete in contact with the made ground and sulphate precautions comprising DS-1 and AC-1 are to be incorporated into any concrete in contact with the natural ground. Confirmation of the use of the design sulphate classes will need to be evidenced.
Reason
To ensure the safe occupation of the site.
17
Prior to above ground works commencing, suitable water supply pipes will need to be specified and approved in writing by this Local Authority to ensure resistance from chemical attack from residual contaminants remaining within the made ground. The use of the approved water supply pipe will need evidencing within a Verification Report for the site.
Reason
To ensure the safe occupation of the site.
18
In accordance with section 10.4 Ground Gas, page 32 of the report entitled ‘Phase 2 Geotechnical and Geo-Environmental Site Investigation - Infirmary Road, Parkgate, Rotherham’ prepared by Eastwood Consulting Engineers, dated 30th September 2023, reference 46046-ECE-XX-XX-RP-C-0001-AJK, to ensure sufficient dilution of any potential incoming carbon dioxide gas, the void height/space which is to be provided beneath the precast concrete floor of all dwellings should be increased to 250mm. This will need to be evidenced within a Verification Report.
Reason
To ensure the safe occupation of the site.
19
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.
20
If subsoil/topsoil materials are required to be imported to site for remediation purposes or use in gardens and areas of soft landscaping, then these materials will need to be tested at a rate and frequency to be agreed with the Local 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.
21
Following completion of any remedial/ground preparation works a Verification Report will be forwarded to the Local Authority for review and comment. The Verification Report shall include details of materials imported to site, copies of chemical analysis reports confirming materials brought to site are free from contamination and will contain Waste Transfer notes if applicable. 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.
Local Labour Agreement
22
The development shall be carried out in accordance with the submitted Local Labour Agreement.
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’.
Informative(s)
01
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.
In order to satisfy the above and to assist in the Construction Management Plan please note the following:
• Except in case of emergency, no operations shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall be no working on Sundays or Public Holidays. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Planning Authority shall be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
• All machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in British Standard 5228 Code of Practice: 'Noise Control on Construction and Open Sites’.
• At all times during the carrying out of operations authorised or required under this permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
• Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
02
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
It is recommended that any vegetation clearance (includes all ground level vegetation as well as standard trees and scrub) undertaken within the site is conducted outside of the breeding bird season (March – end August inclusive) or in accordance with checking surveys undertaken by appropriately qualified ecologists prior to and during the construction phase of the development.
Guidance regarding lighting issues can be found in the ‘Guidance Note 08/18: Bats and artificial lighting in the UK’ (Institute of Lighting Professionals, 2018).
03
The four South Yorkshire Authorities have committed to ensuring that relevant developments are provided with Gigabit-capable full fibre broadband. Please refer to the attached informative in this respect.
04
The scheme should be designed to meet Secured by Design standards (www.securedbydesign.com)
05
The applicant should note that Permission is required from the Coal Authority Permit and Licensing Team before undertaking any activity, such as ground investigation and ground works, which may disturb coal property. Please note that any comments that the Coal Authority may have made in a Planning context are without prejudice to the outcomes of a Permit application.
Mine Gas
It should be noted that wherever coal resources or coal mine features exist at shallow depth or at the surface, there is the potential for mine gases to exist. These risks should always be considered by the LPA. The Planning & Development team at the Coal Authority, in its role of statutory consultee in the planning process, only comments on gas issues if our data indicates that gas emissions have been recorded on the site. However, the absence of such a comment should not be interpreted to imply that there are no gas risks present. Whether or not specific emissions have been noted by the Coal Authority, local planning authorities should seek their own technical advice on.
06
You will appreciate that these works will require an Agreement under S278 Highways Act, 1980 and involve the provision of a small number of footway links to
the proposed dwellings fronting Barbers Avenue. You may wish to start the process by contacting my colleague via the following email address david.phillips@rotherham.gov.uk
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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