| 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 08, 09, 10 and 11 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 08, 09, 10 and 11 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
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
location plan
site plan SL07681-HBPW-DRG-ECV-000001 Rev P01
General Arrangement SL07681-HBPW-DRG-ECV-000002 Rev P01
Platform Cross Section SL07681-HBPW-DRG-ECV-000003 Rev P01
Station Elevations 152120-AMR-DRG-ECV-000202 Rev B01
Car parking layout 104625-PF-XX-XX-DR-Y-009 Rev 0
Pedestrian Walking Routes SL07681-HBPW-000121 Rev P02
Received 27/11/23).
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 nos. elevations (ref General Arrangement SL07681-HBPW-DRG-ECV-000002 Rev P01, Platform Cross Section SL07681-HBPW-DRG-ECV-000003 Rev P01, Station Elevations 152120-AMR-DRG-ECV-000202 Rev B01). 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.
Highways
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 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.
05
Before the development is brought into use the car parking area shown on the submitted plan (ref Car parking layout 104625-PF-XX-XX-DR-Y-009 Rev 0) shall be provided, marked out and thereafter maintained for car parking. Areas within the car park marked keep clear shall remain clear of any stationary vehicle at all times.
Reason
To ensure the provision of satisfactory parking spaces and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
06
Above ground development shall not be commenced until details of the proposed signing schedule, directing traffic including cyclists to the proposed Tram / Train Park and Ride facility, 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 order to promote sustainable transport choices.
Electric Vehicle Charging Points
07
Before the station is brought into use a scheme detailing the dedicated facilities that will be provided for charging electric vehicles and other ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall meet at least the following minimum standard for numbers and power output:
• One Standard Electric Vehicle Charging Point providing a continuous supply of at least 16A (3.5kW) for at least 20% of the development.
Parking spaces that are to be provided with charging points shall not be brought into use until the charging points are installed and operational. Charging points installed shall be retained thereafter.
Reason
In the interest of supporting and encouraging low emission vehicles, in the interest of air quality enhancement, to comply with the aims and objectives Chapters 2, 9 and 15 of the National Planning Policy Framework.
Construction Environmental Management Plan
08
Prior to the development commencing an updated Construction Environmental Management Plan (CEMP) shall be submitted to and agreed in writing with the Local Planning Authority. The plan shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties and shall provide information in respect of the following matters:
• Program and Phasing Details
- Site layout
- Expected duration of demolition and construction work phases
• Site Management
- Contact details of site manager
- Complaints procedure
- Roles and responsibilities
- Details of public liaison meetings (including details of the frequency of meetings and of those to be invited to the meetings).
• Routes for Construction Traffic
- Routes to be used to and from the site along the road network within the Rotherham Borough.
- Proposed access/egress points onto the site.
- One way systems
- Haul routes (on-site and delivery)
NOTE: Where temporary access is required during the construction phase, these should benefit from separate planning permission if not approved under the host permission. Appropriate S278/S184 Agreements (as appropriate) must be gained from the Highways Authority before any works commence on site.
• Site Access, Storage and Movement of Materials
- Delivery access point details
- Location details of storage areas
- Delivery times of materials and plant
- Location of on site parking and turning provision
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Details of soil and its movement and temporary storage during construction
- Dust suppression measures - General and machinery
- Wheel wash facilities (including details of source of water)
- Road sweeping facilities
- Covering of dusty stockpiles
- Vehicles carrying dusty loads
- Dust monitoring
- Boundary checks
- Monitoring of weather including wind speed and direction, dry conditions etc
NOTE: Regards shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014. In addition, measures shall be taken to minimise mud on nearby public roads, such that road sweepers are only required on these roads in exceptional/emergency circumstances.
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery.
- Mitigation measures for noisy operations
- Operational hours (to include site opening hours, operational hours of workers, and delivery of goods hours).
- One way systems
- Vehicle reverse alarms (white noise reversing alarms should be used as opposed to bleeper alarms, particularly where close to residential properties)
- Leaflet drops to noise sensitive premises
NOTE: Regards shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Artificial Lighting
- Hours of operation of the lighting
- Location and specification of all of the luminaires
- Level of maintained average horizontal illuminance for the areas that needs to be illuminated
- Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity.
- Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site.
NOTE: Regards shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
• Waste Management
- Waste storage
- Waste collection
- Recycling
- Waste removal
The agreed CEMP shall be adhered to throughout the construction of the development.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with part 15 of the NPPF and Supplementary Planning Document No.2 Air Quality & Emissions.
Local Labour Agreement
09
Construction Phase
Prior to the commencement of development, the attached Local labour Agreement pro forma for the construction phase of the development shall be completed in its entirety and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved Agreement and within 3 months of completion of the approved development, data shall be submitted to the Local Planning Authority demonstrating how the indicators were met.
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’
Pollution Control
10
Prior to development works commencing, a Phase II Intrusive Site Investigation should be undertaken to assess potential geotechnical issues and the geo-environmental conditions at the site to confirm the nature, presence and extent of potential contamination across the site and the risk it presents. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the 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.
11
Prior to development works commencing and subject to the findings of condition 10 above, 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.
12
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.
13
If virgin material/subsoil/topsoil is required to be imported to site for remedial works, 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.
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.
14
Following completion of any required remedial/ground preparation works a Verification Report should be forwarded to the Local Authority for review and comment. The Verification 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 Verification 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 verification data has been approved by the Local 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.
Landscaping
15
Before the development is brought into use, a final Landscape scheme, showing location and types of landscape treatment including details of the wildflower planting areas, shall be submitted for approval by the Local Planning Authority. The Landscape scheme should be prepared in accordance with RMBC Landscape Design Guide (April 2014) and shall be implemented in the next available planting season following the commencement of development and 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 and in accordance with the Local Plan.
16
Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity and biodiversity improvement.
17
Prior to occupation of the first unit a final plan indicating the positions, design, materials and type of boundary treatment and any replacement retaining wall to be erected shall be submitted to and approved in writing by the Local Planning Authority.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Core Strategy Policy CS28.
Informatives
Environment Agency
Flood mitigation - advice to applicant/LPA
Although we have no objections to the proposed development, the developer may wish to include measures to mitigate the impact of more extreme future flood events.
Measures could include raising ground or finished floor levels and/or incorporating flood proofing measures. Further guidance on preparing properties for flooding can be found at https://www.gov.uk/government/publications/prepare-your-property-for-flooding
Culverts
We note that the Chapel Flat Dike ordinary watercourse culvert runs beneath the site. We recommend an easement of 8m or 45 degrees from the outer edge of the base of the culvert running under the site. Flood mitigation around culverts should consider what would happen if the culvert collapses. Consideration should also be given to the maintenance of the culvert and if there are opportunities to deculvert the watercourse. The applicant should contact the LLFA to discuss this further. Works to or near an ordinary watercourse culvert may require an ordinary watercourse consent, the applicant should contact the LLFA for further information.
Surface Car Parks
When considering car parking within flood risk areas, the ability of people to move their cars within the flood warning time should be considered. Long-term and residential car parking is unlikely to be acceptable in areas which regularly flood to a significant depth, due to the risk of car owners being away from the area and being unable to move their cars when a flood occurs. Car parking may be appropriate in areas subject to flooding, provided flood warning is available and signs are in place. Car parks should ideally not be subject to flood depths in excess of 300mm since vehicles can be moved by water of this depth. Land raising should be kept to a minimum where possible.
Environmental Permit - advice to applicant
The Environmental Permitting (England and Wales) Regulations 2016 require a permit or exemption to be obtained for any activities which will take place:
• on or within 8 metres of a main river (16 metres if tidal)
• on or within 8 metres of a flood defence structure or culverted main river (16
metres if tidal)
• on or within 16 metres of a sea defence
• involving quarrying or excavation within 16 metres of any main river, flood
defence (including a remote defence) or culvert
• in the floodplain of a main river if the activity could affect flood flow or storage
and potential impacts are not controlled by a planning permission For further
guidance please visit https://www.gov.uk/guidance/flood-risk-activities-
environmental-permits or contact our National Customer Contact Centre on
03708 506 506 (Monday to Friday, 8am to 6pm) or by emailing
enquiries@environment-agency.gov.uk
The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.
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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