| Conditions / Reason for Refusal: |
General
01
Before the commencement of the development on each Phase, details of the layout, scale, appearance, siting and plot landscaping of the sites shall be submitted to and approved by the Local Planning Authority and the development shall be carried out in accordance with the approved details.
Reason
No details of the matters referred to having been submitted, they are reserved for the subsequent approval of the Local Planning Authority.
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)
14693A-100
14693A-120
14693A-110 rev E
14693A-VL_L10 rev A
14693A-VL_L11 rev A
14693A-VL_L12 rev A
14693A-VL_L13 rev A
14693A-VL_L15 rev A
14693A-VL_L16 rev B
14693A-VL_L17
00.23336-ACE-00-ZZ-DR-C-1000 (revision P2) – Site Drainage Strategy
Reason
To define the permission and for the avoidance of doubt.
Drainage
03
The Site Drainage Strategy shown on drawing 00.23336-ACE-00-ZZ-DR-C-1000 (revision P2) dated 16/02/2024 prepared by ADEPT Civil and Structural Consulting Engineers shall be fully implemented before the development is completed. Until the approved scheme has been fully implemented, temporary arrangements shall be put in place to limit foul discharge to rates agreed by Yorkshire Water and surface water runoff to the approved discharge rates, based on the area of site currently developed. The scheme to be submitted shall demonstrate:
• The utilisation of holding sustainable drainage techniques;
• The limitation of surface water run-off to equivalent greenfield rates (i.e. maximum of 5 litres/second/Ha);
• The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus an allowance for climate change, based upon the submission of drainage calculations; and
• A maintenance plan including responsibility for the future maintenance of drainage features and how this is to be guaranteed for the lifetime of the development.
Reason
To ensure that the development can be properly drained and facilitates a comprehensive drainage scheme for the whole allocation in accordance with the Local plan and the NPPF.
Trees and Landscapes
04
The development of Area 1 shall be carried out in accordance with the submitted Arboricultural Survey Report (ref: SF3486 Vector West rev C), prepared by Smeeden Foreman Ltd, dated February 2024.
All tree protection methods detailed in the aforementioned report shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
Reason
In order that the Local Planning Authority may consider the desirability of retaining trees in the interests of amenity.
05
Advanced buffer planting and Area 1 Structural Landscaping of the site as shown on the approved plans - Vector Landscapes drawing no. 14693A-VL_L12A, 14693AVL_L13A, 14693A-VL_L15A, 14693A-VL_L16B shall be carried out during the first available planting season after commencement of the development and thereafter maintained for the lifetime of the development in accordance with the approved landscape management plan 14693A_VL_R01 dated 23rd February 2024.
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.
06
The details set out in the submitted Landscape Maintenance & Management Plan (ref: 14693A_VL_R01 rev A), dated 9 February 2024, prepared by Vector DC shall be implemented prior to the completion or first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Ecology
07
All ecological measures and/or works shall be carried out in accordance with the details contained in the submitted ‘Construction Environmental Management Plan’ (ref: SF3486 Vector West, Rotherham), prepared by Smeeden Foreman, dated February 2024.
Reason
In order not to disturb any bats or owls and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
Land Contamination and Coal Mining
08
The development shall be carried out in accordance with the details and recommendations set out in the submitted ‘Geo-environmental Summary Report’ dated 6 March 2024, prepared by Network Space.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
09
Prior to works commencing, if site-on soils or imported subsoil/topsoil are required for use in the proposed soft landscaping 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 and suitable for their proposed end use.
Following completion of soft landscaping works in Area 1 of the site, a Validation Report will be forwarded to the Local Authority for review and comment. The Validation Report shall include sampling and chemical analysis details, along with an interpretation of the results, to confirm that the soils placed are suitable for their proposed end use.
Reason
To ensure the safe occupation of the site.
10
In the event that 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.
Reason
To ensure the safe occupation of the site.
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 minimising dust and preventing mud, dust and other materials being deposited on the highway.
02
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.
03
The South Yorkshire Police Architectural Liaison Officer has indicated that the development would greatly benefit from being built to Secured by Design standards, www.securedbydesign.com
04
The Coal Authority have advised that the proposed site investigation should be designed by a competent person to properly assess ground conditions and to establish the exact situation regarding coal mining legacy affecting the site. Permission is required from the Coal Authority Permit and Licensing Team before undertaking any activity, such as ground investigation and ground works, which may disturb Coal Authority property, i.e. coal seams and associated workings.
The findings of these intrusive site investigations should inform any mitigation measures, such as grouting stabilisation works and foundation solutions, which may be required in order to remediate mining legacy affecting the site and to ensure the safety and stability of the proposed development.
05
Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications. Failure to obtain permission will result in trespass, with the potential for court action. In the event that you are proposing to undertake such work in the Forest of Dean local authority area our permission may not be required; it is recommended that you check with us prior to commencing any works. Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property
06
Cotoneaster horizontalis has been identified on site. This species can be dealt by burning, or adding to on site rot within habitat piles. Care must be taken not to transfer cut material off site where it may spread.
07
An Open Mosaic Habitat has been identified on the site and adjacent, given its status the presence of this habitat will require that any losses are appropriately considered. Compensatory landscaping elements should be designed in a way which acts to recreate this diversity of habitats, with key features including (gorse) scrub, species rich grassland and standing open water.
08
The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required.
09
With regard to the formulation / implementation of a local employment strategy, advice can be sought from the Academy of Construction Trades on 01709 709525.
10
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.
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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