Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2023/1098
Site Address: Victoria Building Victoria Street Kilnhurst 9999
Description: Erection of mixed use development comprising of 241sqm ground floor retail (Use Class E) with 6No. apartments above, surface parking for 3 cars, bin store and cycle store
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 13 December 2023
Decision Date: 13 December 2023
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Delegated (Part 2A)
Conditions / Reason for Refusal: 01 The development hereby permitted shall be commenced before the expiration of three years from the date of this permission. Reason In order to comply with the requirements of the Town and Country Planning Act 1990. 02 The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans (as set out below) Proposed Site Plan and front, rear and side elevations JBA.4140.105 Rev C Proposed Ground Floor Plan JBA.4140.102 Rev B Proposed First Floor Plan JBA.4140.103 Rev B Proposed Second Floor Plan JBA.4140.104 Rev B received 27/09/23). 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 (ref Site Plan and front, rear and side elevations JBA.4140.105 Rev C. This includes the salvaging of the original stonework as detailed in the plan and Design & Access Statement). 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 Before the commencement of works a scheme shall be submitted to the local planning authority for the permanent closure of the long vehicle access crossing fronting the site (from the proposed access to the adjacent unit) and the approved scheme shall be implemented prior to occupation (this will require the applicant to enter into a s278 agreement.) Reason In the interests of road safety. 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 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. 06 The vehicular access drive shall not exceed a gradient of 5% for a distance of 5 metres measured from the highway boundary and 10% thereafter. Reason In the interests of road safety 07 Before the development is brought into use the car parking area shown on the site layout (ref Proposed Site Plan JBA.4140.105 Rev C) shall be provided, marked out and thereafter maintained for car parking. Reason To define the permission and for the avoidance of doubt. 08 The windows along the western elevation serving the stairwell and ground floor retail area shall be obscurely glazed and fitted with glass to a minimum industry standard of Level 3 obscured glazing and be non-openable, unless the part(s) of the window(s) which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The window(s) shall be permanently retained in that condition thereafter. Reason In the interests of the amenities of the occupiers of adjoining properties. 09 The ground floor premises shall be used within Use Class E(a) and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, 2020, (or any Order revoking and re-enacting that Order with or without modification). Reason To define the permission to prevent other potentially unsuitable uses within an open E Use Class and for the avoidance of doubt. Yorkshire Water 10 The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed. Reason In the interest of satisfactory and sustainable drainage 11 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority. Reason To ensure that no surface water discharges take place until proper provision has been made for its disposal and in the interest of sustainable drainage. Informatives Yorkshire Water 01 It is noted from the submitted planning application that surface water is proposed to be drained to soakaway. 02 The drainage details submitted on drawing, JBA.4140.105.C (revision C) dated August 2023 prepared by John Box Associates require amendments, but if planning permission is granted, the matter can be dealt with via condition. The following point should be addressed: i) the submitted drawing should show foul and surface water drainage proposals both on and off site clearly labelled, including the location of the soakaway. Notes For The Developer: If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he/she should contact our Developer Services Team (telephone 03451 208 482, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Code for Adoption - a design and construction guide for developers' as supplemented by Yorkshire Water's requirements. 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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