| 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 03, 05 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 03, 05 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
a. Application for approval of reserved matters must be made within three years of the date of this permission.
b. The development hereby approved must be begun not later than whichever is the later of the following dates:
(i) The expiration of five years from the date of this permission; OR
(ii) The expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
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) except as shall be otherwise agreed in writing by the Local Planning Authority.
Drawing nos
TLC/22/123/09/02 Rev B Received 14 August 2024.
Reason
To define the permission and for the avoidance of doubt.
03
Before the commencement of the development, details of the layout, appearance, boundary treatment and landscaping of the site shall be submitted to and approved by the Local Planning Authority and the development shall be carried out in accordance with the approved details.
Reason
No details of the matters referred to having been submitted, they are reserved for the subsequent approval of the Local Planning Authority.
04
The scale of all dwellings subject to future reserved matters applications shall not exceed the height, width and length as shown on plan ref TLC/22/123/09/02 Rev B.
Reason
In the interests of the visual amenity of the streetscene.
05
No development, including any demolition, 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 photographic recording and this has been approved in writing by the Local Planning Authority. The WSI shall include:
1. The programme and method of recording. Which shall include a photographic survey of the building and an analysis of the findings and history of the building
2. The provision to be made for analysis and reporting.
3. The provision to be made for publication and dissemination of the results.
4. The provision to be made for deposition of the archive created.
5. Nomination of a competent person/persons or organisation to undertake the works.
6. The timetable for completion of all site investigation and post-investigation works.
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 the affected non-designated heritage asset is recorded, and understanding of its nature, date, extent and significance gained, before it is damaged or destroyed and that knowledge gained is then disseminated
06
No above ground development shall take place until details of the materials to be used in the construction of the external surfaces of each phase of the development hereby permitted have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. 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.
07
The proposed site layout shall be designed and constructed in accordance with the South Yorkshire Residential Design Guide including separation distances, private amenity space, internal spacing standards and private drives.
Reason
In the interests of ensuring a high-quality living environment for existing and future residents.
Highways
08
On site car parking shall be provided in accordance with the Council’s minimum car parking standards for new residential development.
Reason
In the interests of highway safety.
09
The reserved matters application shall be accompanied by a scheme detailing the dedicated facilities that will be provided for charging electric vehicles and other ultra-low emission vehicles for the application site. The scheme shall meet the following minimum standard for numbers and power output:
• A Standard Electric Vehicle Charging point providing a continuous supply of at least 16A (3.5kW) for each residential unit that has a dedicated parking space
Buildings shall not be brought into use until the charging points are installed and operational. Charging points installed shall be retained thereafter.
Reason
In the interests of sustainable development and air quality.
10
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.
The area shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained in accordance with the Local Plan and the South Yorkshire Interim Local Guidance for Sustainable Drainage Systems.
11
Prior to the occupation of the site the existing dropped crossing adjacent to the bus stop shall be permanently closed and the footway / kerbline reinstated.
Reason
In the interests of highway safety
Ecology
12
The reserved matters application shall include a Biodiversity Enhancement and Management Plan, having regard to the submitted Biodiversity Metric. The Plans shall provide:
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) 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/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).
The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
To ensure no net loss in biodiversity across the sites
13
No removal of hedgerows, trees or shrubs 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
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
14
Works which include the creation of trenches or culverts or the presence of pipes shall include measures to protect badgers from being trapped in open excavations and/or pipes and culverts as stated in the ecology report [Section 4.5.1.3.; Preliminary Ecological Appraisal and Biodiversity Net Gain Assessment, Quants Environmental, February 2024]
These measures may include:
a) Creation of a sloping escape ramp for badgers which may be achieved by edge
profiling of trenches/excavations or by using plans placed into them at the end of
each working day;
b) Chemicals should be stored in secure compounds;
c) Open pipes should be temporarily capped at the end of each working day to
prevent any animals gaining access;
d) In the unlikely event that a suspected badger sett is found within or adjacent to the site in the future any work within 30 metres of the suspected badger sett must stop immediately and advice sought from a suitably qualified ecologist
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
Drainage
15
All subsequent applications for the approval of reserved matters shall be accompanied by details of the foul and surface water and work shall not be begun until details of 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
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.
Land Contamination
17
Following demolition works and prior to above ground works commencing, a limited Phase II Intrusive Site Investigation shall be undertaken to assess the geotechnical and geo-environmental constraints at the site. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced and will be subject to approval in writing by this Local Planning Authority.
The above works shall be conducted in line with 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 and paragraph numbers 189 and 190 of the National Planning Policy Framework.
18
Subject to the findings of Condition 16 and prior to development commencing, a Remediation Method Statement shall be provided and approved by this 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 and paragraph numbers 189 and 190 of the National Planning Policy Framework.
19
In the event that during development works 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.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework.
20
If subsoil/topsoil is required to be imported to site for gardens and areas of soft landscaping, then these soils 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.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework.
21
Following completion of any remedial/ground preparation works a Validation Report should be forwarded to the 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 site shall not be brought into use until such time as all validation data has been 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 and paragraph numbers 189 and 190 of the National Planning Policy Framework.
Informative(s)
01
The roof space of building 1 in the eaves of the southern elevation is in use as a bat roost. Under the Conservation of Habitats and Species Regulations 2010, it is an offence to harm or disturb bats or damage or destroy their roosts. Planning permission for development does not provide a defence against prosecution under this legislation. The applicant is advised that a Natural England European Protected Species Licence will be required before any work is undertaken to implement this planning permission.
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
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.
04
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.
05
The scheme should be designed to meet Secured by Design standards (www.securedbydesign.com)
06
In order to satisfy conditions 14 and 15 (final drainage) you would be expected to submit information including but not limited to the following:
1. 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.
2. 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.
3. 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.
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.
|
