| 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 as shown on the approved plans (as set out below)
(Drawing numbers
Location Plan 0005-008 000 P2
Site Plan revised Layout 0005-008 005 P14
Soft landscaping Plan 4123-2105 Rev D
Swept Path Layouts car 163299-005, delivery van 163299-003 Rev A, large delivery van 163299-002 Rev A
Visibility splays 163299-001 Rev A
Elevations and Floor Plans Bentley BEN-M-P-01
Elevations and Floor Plans Buckly BUC-N-P-(2024)-01
Elevations and Floor Plans Keswick KES-M-P-01
Garage elevations SDL-2020-092
Received 27.03.24, 02.09.24, 13.09.24, 23.09.24
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
03
No above ground development shall 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
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Local Plan Policies and the NPPF.
04
Prior to occupation of the first dwelling the approved boundary treatment (ref Boundary Layout Soft landscaping Plan 4123-2105 Rev D) shall be erected and thereafter retained for the duration of the development.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Core Strategy Policy CS28.
Highways
05
Prior to the commencement of above ground works, details of the existing radius vehicle access to the substation that will require reinstating to provide a vehicle access height kerb with appropriate footway works, and the widening of the existing footway to 2m along the site frontage, shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented prior to the occupation of the first dwelling.
Reason
In the interests of road safety and pedestrian safety.
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 each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity
07
Prior to the first dwelling being occupied a Travel Pack shall be produced in the
form of an introduction pack to the area with information on buses, trains, cycle and walking routes, local facilities such as schools, doctor’s surgeries and other local facilities (shops, parks etc.) and submitted to and approved by the Local Planning Authority. The approved Travel Pack shall be provided for each new resident on first occupation of any dwelling.
Reason
In order to promote sustainable modes of travel.
08
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.
Yorkshire Water
09
The development shall be carried out in accordance with the details shown on the submitted, Proposed Drainage Strategy 24/111/500/002 24-111 dated 18/03/2024 prepared by Bryan G Hall Ltd, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage.
Coal Authority
10
Prior to the occupation of the first residential unit, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to
the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of any intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.
Reason
To ensure that the development is built safely and with regard to recorded and probable historic unrecorded shallow coal mining.
Environmental Health – Glazing and Ventilation
11
Glazing and ventilation shall be provided and installed to achieve the minimum noise reduction criteria as specified in section 3.3 - Plan of Suggested Acoustic Specification on page 14 of the Acoustic Survey Report undertaken by S & D Garritt Ltd, dated 22nd March 2024.
Reason
To safeguard the amenities of the future occupiers of the proposed development in
accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
Acoustic Fences
12
Acoustic and boundary fences shall be provided and installed as specified in section 3.3 - Plan of Suggested Acoustic Specification on page 14 of the Acoustic Survey Report undertaken by S & D Garritt Ltd, dated 22nd March 2024.The fences shall be maintained in good order throughout the lifetime of this consent.
Reason
To safeguard the amenities of the future occupiers of the proposed development in
accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
Land Contamination
13
If subsoils / topsoils are required to be imported to site for garden/soft landscaping areas, 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 a Validation Report.
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.
14
In the event that during development works unexpected significant contamination is encountered at any stage of the process, 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 identified contamination will not present significant risks to human health or the environment.
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.
15
Following completion of any remedial/ground preparation works a Validation Report should be forwarded to the Local Planning 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 validation data has been approved by the Local Planning Authority.
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.
Ecology
16
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.
For each of the first 5 years of the Plans, a progress report shall be sent to the Local Planning Authority reporting on progress of the annual work programme and confirmation of required Actions for the next 12 month period.
The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme
Reason
To ensure no net loss in biodiversity across the site.
Trees
17
All onsite works shall be carried out in accordance within the approved Arboricultural Method Statement (ref BS5837:2012 21666c/EW, London Way, received 18.10.24).
All tree protection methods detailed in the approved Arboricultural Method Statement 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
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, CS19Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, CS28 Sustainable Design.
Landscape
18
Before the development is brought into use, the approved Landscape scheme as indicated on Dwg No Soft landscaping Plan 4123-2105 Rev D shall be implemented in accordance with RMBC Landscape Design Guide (April 2014) in the next available planting season 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 the tree works are carried out in a manner which will maintain the health and appearance of the trees in the interests of the visual amenities of the area and in accordance with the Local Plan.
Construction Management Plan
19
All onsite works shall be carried out in accordance with the approved Construction Management Plan (ref Jones Homes JHY-1522-CMP received 21.11.24).
The approved measures shall be implemented throughout the construction period.
Reason
In the interests of highway safety and residential amenity.
Informatives
01
The development should be designed and built to Secured by Design standards. www.securedbydesign.com
02
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.
03
Highways
The developer should note that condition 05 will require the developer to enter into a S278 agreement with the Council, the applicant should contact david.phillips@rotherham.gov.uk in this regard.
Ecology – biodiversity improvement
04
• 1 bird integrated into the building on a northerly aspect/orientation
(north, north-east and north-west). Example specification includes the
Schwegler Brick Box Type 24, Woodstone Sparrow Nest Box or an
equivalent suitable for tits, sparrows or starlings. The boxes should be
located between two to four metres high, ideally at the gable apex or at
eaves. The box can be installed flush with the outside wall and can be
rendered or covered so that only the entrance hole is visible.
• 1 swift box integrated into the building on a northerly
aspect/orientation (north, north-east and north-west). Example specification
includes the Manthrope ‘GSWB’ Swift brick or the Vivara Pro Cambridge
Brick Faced Swift Nest Box. Alternatively, RSPB Swift Box may be more
suitable for the development. The box(es) should be located high within the
gable wall, ideally above 5m high, below the overhang of the verge
and barge board.
• 1 bat box should be integrated into buildings on a southerly aspect /
orientation(south, south west, and south-east). Boxes should be located a
minimum of 2 metres, but ideally 5-7 metres above ground, in a position
near the eaves or gable apex. Placement should avoid windows, doors and
wall climbing plants.
Ecology - general
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.
In the absence of mitigation, where vegetation removal is scheduled during March– August (inclusive), there is potential for active bird nests to be destroyed during Site vegetation clearance works.
As such, any vegetation removal should ideally be programmed to be undertaken outside of bird breeding season, i.e. between September and February (inclusive). If it is not possible to schedule clearance works for these months, a nesting bird check by a suitably qualified Ecologist will be required no more than two days prior to vegetation clearance, to identify the presence of active bird nests.
An active nest would require an exclusion zone to be established and adhered to until chicks have fledged and/or the nest is no longer in use (to be monitored and confirmed by an Ecologist).
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 in respect of the indicative layout so that it was in accordance with the principles of the National Planning Policy Framework.
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