| 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)
(Drawing numbers 23-012-15/16/17/18/20/21/22) (received 01/11/2023)
Reason
To define the permission and for the avoidance of doubt.
03
The above ground construction of the dwelling shall not take place until details of the materials to be used in the construction of the external surfaces 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
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 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.
05
Unless otherwise agreed in writing no vehicular access shall be formed onto Dishwell Lane.
Reason
In the interests of highway safety.
06
The dwelling hereby approved shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwellings are occupied.
Reason
In the interests of the visual amenity of the area.
07
The development shall proceed in accordance with the recommendations set out in the Arboricultural Report, Revision 2 dated 21 November 2023 unless otherwise agreed in writing with 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.
08
Prior to above ground works commencing a 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 in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 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 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 189 and 190 of the National Planning Policy Framework.
10
If subsoil/topsoil is required to be imported to site for garden areas, 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 189 and 190 of the National Planning Policy Framework.
11
Following completion of any remedial/ground preparation works a Validation Report will be forwarded to this Local 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 postremedial 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 Authority.
Reasons
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.
12
Prior to the occupation of any dwelling, details of a vehicle charging point shall have been submitted to and approved by the local planning authority. The dwelling shall not be occupied until the charging point has been provided, and they shall thereafter be retained.
Reason
In the interests of sustainable development and air quality.
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.
02
Please note that the Environment Agency’s Risk of Flooding from Surface Water map indicates that that there is a low risk of surface water flooding to this site, with a potential overland flow route across the site from the south-east to the north west. Floor levels and external ground levels should be designed to ensure that if any such flooding was to occur the dwellings would not be affected. Further information about this surface water flood risk can be obtained from the gov.uk website under the flood warning information service.
The Council’s archived plans show a sewer crossing the site, although it is not shown on more recent plans. I would recommend that the applicant checks that this sewer is no longer in existence. If you need to discuss this further please contact the Council’s Drainage Engineer Steve Lister on 01709 822152.
Positive and Proactive Statement
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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