| Conditions / Reason for Refusal: |
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 as shown on the approved plans (as set out below)
Location Plan
Revised Site plans 2023-018-26 Rev L 23.05.24
Elevations and floorplans 2023-018-22 Rev E Apartments 6-13
Elevations and floorplans 2023-018-23 Rev E 2 bed flats
Elevations and floorplans 2023-018-24 Rev D 7 bed ACU
Elevations and floorplans 2023-018-25 Rev B 4 bed DPU
Elevations and floorplans 2023-018-34 Rev B Apartments 1-4
Elevations and floorplans 2023-018-20 Rev E Day Centre floor plan
Elevations and floorplans 2023-018-21 Rev E Day Centre elevations
Elevations and floorplans 2023-018-10 Rev C Day Centre roof plan
Street scene and sections 2023-018-32 Rev D Housing
Street scene and sections 2023-018-33 Rev B Day Centre
Vehicle tracking 2023/018/26 Rev K
Received 25.01.24, 04.04.24, 27.03.24 and 23.05.24
03
The materials to be used in the modification of the external surfaces of the development hereby permitted shall be in accordance with the details provided in the submitted application form/shown on the approved plans (ref Elevations and floorplans 2023-018-22 Rev E Apartments 6-13, 2023-018-23 Rev E 2 bed flats, 2023-018-24 Rev D 7 bed ACU, 2023-018-25 Rev B 4 bed DPU, 2023-018-34 Rev B Apartments 1-4, 2023-018-20 Rev E Day Centre elevations 2023-018-21 Rev E). The development shall thereafter be carried out in accordance with these details.
Reason
For the avoidance of doubt.
04
The Day Centre shall only be used for a use within Use Class E:(f) and for no other purposes within Class E.
Reason
The site is not considered suitable for an unrestricted E use outside of a defined centre as required by the NPPF.
Highways
05
Before the development is brought into use, the in access on Castle Avenue shall be signed or marked ‘In Only’ and the exit access on Warden Street signed or marked ‘Out Only’ in accordance with details to be submitted to and approved by the Local Planning Authority. The accesses shall thereafter be used as a one way system only.
Reason
In the interests of highway safety and residential amenity.
06
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 the development can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
07
Before the development is brought into use the car parking area shown on
the submitted plan (site plan rev L 23.05.24) shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interests of road safety
08
Before above ground development is commenced road sections, constructional and
drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
In the interests of road safety
09
Before the proposed development is brought into use, a Travel Plan shall have
been submitted to and approved by the Local Planning Authority. The plan shall
include clear and unambiguous objectives, modal split targets together with a time
bound programme of implementation, monitoring and regular review and
improvement. The Local Planning Authority shall be informed of and give prior
approval in writing to any subsequent improvements or modifications to the Travel
Plan following submission of progress performance reports as time tabled in the
programme of implementation.
Reason
In order to promote sustainable modes of travel.
EV Charging Points
10
Before the electrical system is installed 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 each dwelling.
Buildings and 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.
11
Provision of vehicle charging points infrastructure to serve every car parking
space and a minimum of 20% of parking spaces to have charging points.
Reason
In order to promote sustainable transport choices in accordance with Supplementary Planning Document 2 ‘Air Quality and Emissions’
12
All gates shall be hung so as not to encroach into the highway when open or being
opened.
Reason
In order to promote sustainable modes of travel.
Boundary treatment
13
No dwelling shall 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 final boundary treatment to be erected. The boundary treatment around each plot shall be completed before the occupation of the dwelling to which it relates.
Reason
In the interests of the visual amenity of the area and in accordance with Core Strategy Policy CS28 Sustainable Design.
Yorkshire Water
14
There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:
i) the means of discharging to the public sewer network at a rate restricted to not exceed a maximum of 10.5 litres per second, to be agreed by the Local Planning Authority in consultation with the statutory sewerage undertaker.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal and in the interest of sustainable drainage.
15
No new tree planting, shall be permitted over or within 5.0 (five) metres either side of the centre line of the sewers, which cross the site.
Reason
In order to protect the structural integrity of the pipe from tree root infestation
Trees and landscaping.
Ecology
16
Before above ground development is commenced details of external lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall clearly demonstrate that lighting will not cause excessive light pollution or disturb or prevent bats or other species using key corridors, foraging habitat
features or accessing roost sites. All external lighting shall be installed in accordance with the specifications and locations set out in the approved details. These shall be maintained thereafter in accordance with these details.
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981 and to mitigate the loss of a small number of sub-optimal roosting features.
17
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 and to mitigate the loss of a small number of sub-optimal roosting features.
18
All works shall be carried out in accordance with the precautionary working methods given for hedgehogs contained in the Preliminary Ecological Appraisal, arbtech, March 2024 and outlined below:
• A toolbox talk will be given to contractors regarding at the possible presence of
hedgehogs at the site.
• A staged approach will be adopted for vegetation clearance whereby vegetation will
be strimmed to 30cm and left overnight to allow for any hedgehogs to disperse. The
vegetation can then be cleared to ground level and must be maintained at this level
for the duration of construction to deter hedgehogs from the working area.
• Any excavations will be covered overnight, or a ramp will be installed to enable any
trapped animals to escape.
• Any chemicals or pollutants used or created by the development should be stored
and disposed of correctly according to COSHH regulations.
• If hedgehogs are found in the working area these should be allowed to disperse of
their own accord or if at immediate risk should be removed by hand to a sheltered,
vegetated area away from disturbance.
Reason
In order to make adequate provision for species protected by the Wildlife & Countryside Act 1981 and to mitigate the loss of habitat.
19
Before above ground works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog holes 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.
20
Landscaping
Prior to the occupation of the first unit, a revised 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 maintenance and a schedule of operations, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme 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 planning policy.
Trees
21
Before any site clearance shall take place, a revised Arboricultural Impact Assessment (AIA) shall be submitted to, and approved in writing by, the Local Planning Authority. The AIA shall clearly identify through supplementary drawings where necessary:
• The position of all trees accurately plotted and numbered.
• The crown of each tree correctly plotted at the four cardinal points.
• The extent of the root protection area of each tree (taking account of site
features that may alter its location).
• The BS5837 retention category.
• Trees to be removed to facilitate the development and trees to be retained.
• Other activities potentially damaging to trees (i.e. level changes,
removal/creation of hard surfacing, service runs, etc.).
Areas that can be used for site accommodation, vehicle parking, material
storage etc.
• Pruning to retained tree(s)
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.
Local Labour Agreement (Construction Phase)
22
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’
Construction Environmental Management Plan (CEMP)
23
Prior to the development commencing a 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.
Communication
24
Prior to first occupation of a dwelling on this site, information relating to the availability of infrastructure to enable the provision of gigabit capable full fibre broadband should be submitted and approved by the LPA. If the necessary infrastructure is available to enable provision, 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.
Hours of construction
25
Except in case of emergency, operations should not take place on site other than between the hours of 08:00 - 18:00 Monday to Friday and between 08:00 - 13:00 on Saturdays. There should 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 Local Planning Authority should be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
Reason
In the interests of residential amenity of nearby properties.
Waste Management Plan
26
Prior to the development being first occupied a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
• information on the amount and type of waste that will be generated from the site;
• measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
• an assessment of the potential to re-use or adapt existing buildings on the site (if demolished it must explain why it is not possible to retain them);
• design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
• measures to minimise the use of raw materials and minimise pollution of any waste;
• details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
• construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
• details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Pollution Control
27
Prior to development commencing, a Detailed Design Report for Gas Mitigation Measures will be provided for review and comment and shall provide details of the identified gas protection measures required, complete with drawings to show how the gas protection measures will fit into each of the building designs.
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.
28
Post construction, a Gas Verification Report is to be provided for each building to confirm that the measures constructed/installed meet the required standards. Inspection reports for each building will be forwarded to the Local Authority for review and comment.
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.
29
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.
30
If virgin material, subsoil/topsoil materials are 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 and will not present a risk to future users of the site and 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.
31
Following completion of any remedial 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 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 paragraph numbers 189 and 190 of the National Planning Policy Framework.
Informatives
Yorkshire Water
1.) On the Statutory Sewer Map, there are several 150 mm and 225 mm diameter public combined water sewers recorded to cross the site. It is essential that the presence of this infrastructure is taken into account in the design of the scheme. It may not be acceptable to raise or lower ground levels over the sewer and we will not accept any inspection chambers on the sewer to be built over. Nor new trees
planted within 5 metres of the public sewers.
In this instance, Yorkshire Water would look for this matter to be controlled (by Requirement H4 of the Building Regulations 2010).
It is noted that several public combined water sewers are proposed to be abandoned subject to Section 116 of the Water Industry Act.
2) The submitted, Drainage Strategy 0771/15r2 dated 19 September 2023 prepared by ARP Associates, requires amendments, but if planning permission is granted, the matter can be dealt with via condition.
In summary, the report states that
i) Foul water from the residential dwellings will discharge to 225 mm diameter public combined water sewer located within Warden Street and foul water from the day care centre will discharge to 225 mm diameter public combined water sewer located within Castle Avenue.
ii) Sub-soil conditions do not support the use of soakaways.
iii) A watercourse is remote from the site.
iv) Surface water will discharge to public combined water sewer network within Warden Street and Castle Avenue via three new connections.
v) The three new connections for surface water will discharge via storage with restricted discharge of 3.5 litres/second at each point of connection via flow controlled devices. However, the Preliminary Drainage Layout within the report shows one of the connections for the surface water discharge via attenuation as unrestricted to the combined sewer network.
vi) The proposed building position over/near to public sewer subject to control under Part H4 Building Regulations 2010.
vii) No new trees planted within 5 metres of public sewer centre-line.
viii) Existing public combined water sewers to be abandoned subject to Section 116 of the Water Industry Act 1991.
Unrestricted flows to the public combined sewer network are not permitted and the means of draining surface water from the development will need to be in accordance with submitted reports and the same reflected in the submitted drainage plans.
The developer should also note that the site drainage details submitted have not been approved for the purposes of adoption or diversion. If the developer wishes to have the sewers included in a sewer adoption/diversion agreement with Yorkshire Water (under Sections 104 and 185 of the Water Industry Act 1991), they should contact our Developer Services Team (tel 0345 120 84 82, email:
technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption and diversion should be designed and constructed in accordance with the WRc publication 'Sewers for Adoption - a design and construction guide for developers' 6th Edition, as supplemented by Yorkshire
Water's requirements.
3) Development of the site should take place with separate systems for foul and surface water drainage. The separate systems should extend to the points of discharge to be agreed. Foul water from kitchens and/or food preparation areas of any restaurants and/or canteens etc. must pass through a fat and grease trap of adequate design before any discharge to the public sewer network.
Under the provisions of section 111 of the Water Industry Act 1991 it is unlawful to pass into any public sewer (or into any drain or private sewer communicating with the public sewer network) any items likely to cause damage to the public sewer network or interfere with the free flow of its contents or affect the treatment and disposal of its contents. Amongst other things this includes fat, oil, nappies, bandages, syringes, medicines, sanitary towels and incontinence pants. Contravention of the provisions of section 111 is a criminal offence.
Notes For The Developer:
If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he/she should contact our Developer Services Team (telephone 03451 208 482, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the
WRc publication 'Code for Adoption - a design and construction guide for developers' as supplemented by Yorkshire Water's requirements.
Highways
Subsequent to planning permission being granted the applicant will need to apply for
‘A Stopping Up Order’ under S247 of the Town and Country Planning Act 1990
(National Transport Casework team Manager, Department for Transport, Tyneside
House, Skinnerburn Road, Newcastle Business Park, Newcastle upon Tyne, NE4
7AR. Tel : 0191 2034301). The works cannot commence until the order has been
granted.
Ecology
No vegetation clearance shall take place outside of the bird breeding season (February until August) and it is recommended that vegetation works (tree or hedge cutting) or site clearance should be done outside of the nesting season.
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary and additional information submitted to make the scheme acceptable. The applicant agreed to amend the scheme and provide the further information so that it was in accordance with the principles of the National Planning Policy Framework.
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