| 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 8, 11, 17 & 25 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 8, 11, 17 & 25 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 -
• Location Plan PL_001
• Phases 1 Proposed Site layout PL_003
• Phase 1 Landscape General Arrangement PL_0121
• Phase 1 Unit 1 Ground Floor Plan PL_100
• Phase 1 Unit 1 First Floor Plan PL_101
• Phase 1 Unit 1 Roof Plan PL_103 Rev A
• Phase 1 Unit 1 East-West Elevations PL_104 Rev A
• Phase 1 Unit 1 North-South Elevations PL_105 Rev A
• Phase 2 Proposed Site Layout PL_004 P1
• Phase 2 Unit 1 Ground Floor Plan PL_200
• Phase 2 Unit 1 First Floor Plan PL_201
• Phase 2 Unit 1 Second Floor Plan PL_202
• Phase 2 Unit 1 Roof Plan PL_203
• Phase 2 Unit 1 East-West Elevation PL_204
• Phase 2 Unit 1 North-South Elevation PL_205
• Phase 2 Unit 1 Ground Flor Plan PL_200
• Phase 2 Landscape General Arrangement PL_020 P1
• Phase 2 Levels Plan PL_005
• Substation Details C991443
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 Design and Access Statement and in the email from the agent dated 13/02/2024. 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
No above ground development shall take place 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 any new boundary treatment to be erected. The boundary treatment shall be completed before the development is brought into use.
Reason
In the interests of the visual amenity of the area and in accordance with Local Plan policies.
05
No part of the land other than that occupied by buildings shall be used for the storage of goods, components, parts, waste materials or equipment without the prior written approval of the Local Planning Authority.
Reason
To prevent the land from becoming unsightly in the interests of visual amenity and in accordance with Local Plan Policies
HIGHWAYS
06
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 and in accordance with the Local Plan.
07
Before the development is brought into use the car parking area shown on the approved plan shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interests of highway safety.
08
No above ground development shall be commenced until details of the proposed alterations in the highway at the ‘redundant’ vehicle access to the site, indicated on plan reference PL_004 dated 28th September 2023 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 the interests of highway safety.
09
The Electric Vehile Charging Points shown on the approved site plans shall be provided prior to development being brought into use.
Reason
In the interests of sustainable development and air quality
10
Details of web-enabled screen/screens to be located in areas of the building that are convenient for employees and visitors to display real-time travel information of forthcoming bus departures (in this case services calling at stops 35118 and 35109) along with a timetable for implementation shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented on site in line with the approved timetable.
Reason
To promote sustainable modes of travel
11
Prior to the commenment of the development details of any materials to be imported/exported to and from the sure shall be submitted and approved by the Local Planning Authority. The details shall include material quantities, vehicle trip numbers, frequences and timings.
Reason
In the ineterst of highway safety and the amenity of adjacent occupiers
LANDSCAPE & TREES
12
Prior to any above ground development taking place a detailed landscape scheme
shall be submitted to, and approved in writing by, the Local Planning Authority. The
landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly
identify through supplementary drawings where necessary:
- The extent of existing planting, including those trees or areas of vegetation
that are to be retained, and those that it is proposed to remove.
- The extent of any changes to existing ground levels, where these are
proposed.
- Any constraints in the form of existing or proposed site services, or visibility
requirements.
- Areas of structural and ornamental planting that are to be carried out.
- The positions, design, materials and type of any boundary treatment to be
erected.
- A planting plan and schedule detailing the proposed species, siting, quality
and size specification, and planting distances.
- A written specification for ground preparation and soft landscape works.
- The programme for implementation.
- Written details of the responsibility for ongoing maintenance and a schedule
of operations.
The scheme shall thereafter be implemented in accordance with the approved
landscape scheme and in accordance with the appropriate standards and codes of
practice within a timescale agreed, in writing, by the Local Planning Authority.
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 Local Plan policies.
13
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 in accordance with Local Plan Policies
14
Evidence shall be submitted to the Local Planning Authority to show that the development is being carried out in accordance with the approved method statement and tree protection plan (dated 23rd November 2023). This could include a written record of the project arboriculturist site visits and/or a set of photos of the detailed tree protection fencing in place throughout the duration of the development.
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 in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
BIODIVERSITY
15
Notwithstanding the submitted details, before above ground works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes and nesting opportunities for birds, shall be submitted to and agreed in writing with the Local Planning Authority. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
The scheme shall include, but not limited to, the following details:
i. Description, design or specification of the type of feature(s) or measure(s) to be undertaken;
ii. Materials and construction to ensure long lifespan of the feature/measure
iii. A drawing(s) showing the location and where appropriate the elevation of the features or measures to be installed or undertaken.
Iv. When the features or measures will be installed within the construction, occupation, or phase of the development.
Reason
In the interest of Biodiversity of the site.
16
All ecological measures and/or works shall be carried out in accordance with the details contained in [ External Lighting Proposals, Shepherd Brombely Partnership] and [November 2023] before the development is brought into use.
Reason
In the interest of Biodiversity of the site.
DRAINANGE
17
The development hereby granted shall not be begun until details of the foul and surface water and 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.
18
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
19
All surface water run off shall captured within the site and discharged to suitable sewers/soakaways to ensure there is no flooding to adjacent land or buildings.
Reason
In the interest of the amenity of the adjacent occupiers
LAND CONTAMINATION
20
Prior to above ground works commencing, a limited Phase II Intrusive Site Investigation should be undertaken to assess for 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 to human health. 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 shall be submitted and approved by the Local Planning Authority.
The above should be conducted in accordance with Land Contamination Risk Management (October 2020) guidance and predecessor guidance by DEFRA and the Environment Agency’s Model Procedures for the Management of Land Contamination, CLR 11 and BS10175:2011 + A2 2017 (BS1 2017) Investigation of Potentially Contaminated Sites – Code of Practice
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and Section 15 of the National Planning Policy Framework.
21
Subject to the findings of condition 20 above and prior to above ground works commencing, a Remediation Method Statement shall be submitted to and approved by the Local Planning 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 Planning Authority must be given two weeks written notification of commencement of the remediation scheme of works.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and Section 15 of the National Planning Policy Framework.
22
If during development works unexpected significant contamination is encountered, works shall cease and 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 the 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 Section 15 of the National Planning Policy Framework.
23
If subsoil/topsoil is required to be imported to site for use in any 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. The results of testing will need to be presented in the format of a Validation Report.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and Section 15 of the National Planning Policy Framework.
24
Following completion of any remedial/ground preparation works a Validation Report shall be submitted to and approved by the Local Planning Authority. 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 Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and Section 15 of the National Planning Policy Framework.
LOCAL LABOUR AGREEMENTS
25
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’
26
Prior to the operational use of the land/building(s) hereby approved, the attached Local Labour Agreement pro forma outlining measures to be taken to employ local workers for the operational phase of the development shall be completed and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and no later than 6 months from the date of first operation information shall be submitted to the Local Planning Authority providing details relating to the percentage of staff currently employed from the local area.
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’
BREEAM
27
Within 6 months of each phase of the building being occupied a BREEAM certificate confirming the scheme has achieved “Very Good” shall been submitted to and agreed, in writing, by the Local Planning Authority.
Reason
To achieve a sustainable form of development in accordance with Policy SP57 ‘Sustainable Construction’ and the NPPF
COMMUNICATION
28
Before the development is brought into use details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, including a timescale for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason
In accordance with Local Plan Policy SP61 Telecommunications and Chapter 10 of the NPPF
CONSTRUCTION PHASE
29
During the Construction Phase, except in case of emergency, no construction 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 construction working on Sundays or Public Holidays. At times when construction operations are not permitted construction 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.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF
30
All machinery and vehicles employed on the site associated with construction works 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’.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF
31
At all times during the carrying out of construction 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.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF
32
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 construction 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.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF
33
During excavation/construction works all spoil/excavated material shall be kept with site boundary and there is no overspill or run off onto neighbouring premises.
Reason
In the ineterst of the amenity of adjacent occupiers.
Informatives
01
Highways
You will appreciate that these works will require an Agreement under S278 Highways Act, 1980 and involve the provision of a new kerb line / footway in the turning head and extension of the existing yellow line marking to cover the extent of the turning head. Contact with David Phillips via david.phillips@rotherham.gov.uk should be made as soon as is practical, in order to commence the s278 process
02
Drainage
Flood resilience should be duly considered in the design of the new building/s or renovation. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BRE Good Building Guide 84. Records show the site is located in an Environment Agency Flood Zone 1.
In order to discharge Condition 18, 19 & 20 (drainage details), the applicant is advised that they would be expected to submit information including but not limited to the following:
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.
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.
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.
03
Wildlife Legislation
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.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
Guidance regarding lighting issues can be found in the ‘Guidance Note 08/23:
Bats and Artificial Lighting At Night’ Institute of Lighting Professionals, 2023.
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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