| 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 07 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 07 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.’
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
Drawing nos: JBA.4213.101 Rev G Received 24 January 2024 and turning motions plan received 14 December 2023.
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 no. JBA.4213.101 Rev F 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.
04
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 in the interests of the adequate drainage of the site, road safety and residential amenity.
05
The proposed turning space as indicated on the submitted plan shall be provided and maintained at all times for vehicular manoeuvring purposes.
Reason
In the interests of highway safety.
06
Details of the proposed gates shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented and thereafter retained. At no time shall the gates open out into the highway.
Reason
In the interests of highway safety
07
Prior to the commencement of the development, the developer shall submit a structural report of the barn for the approval of the Local Planning Authority. The report shall address the stability of the barn following the proposed alterations in the adjacent ground level, and all recommendations and remedial works contained within the approved report shall be implemented by the developer in accordance with the approved details.
Reason
In the interests of the safe development of the site
08
If stone/subsoil/topsoil is required to be imported to site to raise site levels, 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 suitable for use.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraphs 189 and 190 of the National Planning Policy Framework.
09
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 and paragraphs 189 and 190 of the National Planning Policy Framework.
10
Following completion of all ground works a Validation Report shall be prepared by a suitably competent person and will be forwarded to the Local Planning Authority for review and comment. The Validation Report shall include details of the works undertaken on site, together with the necessary documentation detailing what waste materials have been removed from the site and the results of appropriate testing (including an interpretation of those results) on any materials imported to site. Duty of Care Waste Transfer Notes for any waste removed from site will be required as part of the Validation Report.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraphs 189 and 190 of the National Planning Policy Framework.
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.
|
