| 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 16 and 18 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 16 and 18 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 as shown on the approved plans (as set out below)
(Drawing numbers
Location Plan CS/02
Boundary Layout CS/03
Planning Layout revised plan CS/01 Rev A
Elevations and Floor Plans revised plots 1 and 2 CLM/01 Rev B
Elevations and Floor Plans revised plots 3 and 4 CLM/02
Elevations and Floor Plans revised plots 5 and 6 CLM/03
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 CS/03) 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
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.
06
Prior to the occupation of the first residential unit a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.
Reason
In order to promote sustainable modes of travel.
07
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.
08
The turning head approved as part of this application shall remain available at all times and shall not be gated at any point in the future.
Reason
In order to safeguard the use of the turning head for the benefit of all residents of Clement Street.
Yorkshire Water
09
The site shall be developed with separate systems of drainage for foul and surface water on and off site.
Reason
In the interest of satisfactory and sustainable drainage.
10
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) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and
ii) the means by which the discharge rate shall be restricted to a maximum rate to be approved by the Local Planning Authority in consultation with the relevant statutory undertaker .
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal.
Land Contamination
11
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.
12
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.
13
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
14
Prior to the occupation of the first dwelling a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog homes and 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 prior to the first dwelling being occupied and thereafter 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
To ensure no net loss in biodiversity across the site.
15
Before above ground works commence 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. The details shall include, but not limited to, the following:
a) A drawing showing sensitive areas and/or dark corridor safeguarding areas;
b) Technical description, design or specification of external lighting to be installed
including shields, cowls or blinds where appropriate;
c) A description of the luminosity of lights and their light colour;
d) A drawing(s) showing the location and where appropriate the elevation and height
of the light fixings;
e) Methods to control lighting control (e.g. timer operation, passive infrared sensor
(PIR));
f) Lighting contour plans both horizontal and vertical where appropriate and taking
into account hard landscaping, etc.
All external/internal 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
To safeguard existing bat roosts across the site.
Trees
16
No operations shall commence on site in connection until a suitable scheme
(Arboricultural Method Statement) for the protection of existing trees has been
submitted and its installation on site has been approved in writing by the Local
Planning Authority.
All protection measures must fully detail each phase of the development process
taking into account demolition/site clearance works, all construction works and hard
and soft landscaping works. Details shall include the following:
• Full survey of all trees on site and those within influencing distance on adjacent
sites in accordance with BS5837*, with tree works proposals. All trees must be
plotted on a site plan, clearly and accurately depicting trunk locations, root
protection areas and canopy spreads (submitted).
• A plan detailing all trees planned for retention and removal (submitted).
• A schedule of tree works for all the retained trees specifying pruning and other
remedial or preventative work, whether for physiological, hazard abatement,
aesthetic, or operational reasons. All tree works shall be conducted in
accordance with BS: 3998*
• Site specific demolition and hard-surface removal specifications (if applicable)
• Level changes
• A Tree protection plan in accordance with BS5837* detailing all methods of
protection, including but not restricted to locations of construction exclusion zones;
root protection areas; fit for purpose fencing and ground protection; service routes;
works access space; material/machinery/waste storage and permanent &
temporary hard surfaces.
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.
*Using the most recent revision the of the Standard
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.
Landscape
17
Before the development is brought into use, a Landscape scheme along with final boundary treatment, showing location and types of landscape and boundary treatment, 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 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
18
Prior to the commencement of development, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include:
- details of the proposed access to the site for all vehicles associated with the development on the application site;
- traffic management measures during the construction work;
- the location of the site compound and staff parking;
- measures to deal with dust;
- measures to deal with mud in the highway;
- details of proposed hours of construction on/deliveries to the site;
and such further matters as the Local Planning Authority may consider necessary.
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
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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