| 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.
Condition number 15 of this permission requires matters to be approved before development works begin; however, in this instance the condition is 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 number 15 is fundamental to the
acceptability of the development and the nature of the further information required
to satisfy this condition 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 –
• Site Plan 2408 112 Rev B
• Location Plan 2408 111 Rev C
• Boundary Treatment Plan 2408 113 Rev A
• Streetscene/Section Plan 2408 110
• Plot 4 Elevation Plan 2408 102
• Plot 4 Layout and Roof Plan 2408 101
• Plot 5 Elevation Plan 2408 104
• Plot 5 Layout and Roof Plan 2408 103
• Plot 6 & 7 Elevation Plan 2408 106
• Plot 6 & 7 Layout and Roof Plan 2408 105
Reason
To define the permission and for the avoidance of doubt.
03
Notwithstanding the details submitted on the application form, no development
above ground level 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 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 CS28 ‘Sustainable Design’ and CS23 ‘Valuing the Historic Environment’ and SP40 ‘Listed Buildings’
04
Prior to the occupation of each dwelling hereby approved the boundary treatment shown on plan ref 2408 113 Rev A shall be implemented on site and retained for the lifetime of the development.
Reason
To prevent overlooking from the development and in the interests of the visual amenity of the area and in accordance with Core Strategy Policy CS28 ‘Sustainable Design.’
TRANSPORTATION
05
No above ground development shall take place until full engineering details of the site access arrangements and the proposed amendments to the highway layout in Blyth Road which include new kerbline / footway and road markings have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented on site before the first dwelling is brought into use.
Reason
In the interests of Highway Safety
06
The proposed inter visibility splay fronting No 35 Blyth Road shall be provided and maintained at all times. The area within the splay shall be a maximum 600mm above the height of the nearside road channel.
Reason
In the interests of Highway Safety
07
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.
08
Prior to the occupation of the dwellings, details of one vehicle charging point per dwelling shall be submitted to and approved by the local planning authority. The dwellings shall not be occupied until the charging point has been provided and shall thereafter be retained.
Reason
In the interests of sustainable development and air quality
LANDSCAPING
09
Before the development is brought into use, a Landscape scheme, showing location and types of landscape 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 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
10
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. 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 the Local Plan.
ECOLOGY ENHANCEMENT
11
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 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.
Reason
In the interest of biodiversity and in accordance with Local Plan policies
DRAINAGE
12
Drainage details in plans listed below shall be fully implemented on site before the first dwelling is brought into use –
• 30-P1 Overall Drainage Plan – PH1 and
• 31-P1 Overall Drainage Plan – PH2
Reason
To ensure that the development is provided with a satisfactory means of drainage as well as reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.
LAND CONTAMINATION
14
Following demolition of the former garage and prior to development commencing a Phase II Intrusive Site Investigation will be undertaken to confirm the nature, presence and extent of contamination/ground gas across northern site area and within the former garage footprint and the risk it presents to human health and controlled waters. 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 to and approved in writing by the Local Planning Authority.
The above will be conducted in line with the guidance document ‘Land Contamination Risk Management’ (October 2020) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017).
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 Plan and the National Planning Policy Framework.
15
Prior to development 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 works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation. The approved Remediation works shall be carried out in accordance with the findings identified within the Phase II Intrusive Investigation Report and under a full 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 works.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 Plan and the National Planning Policy Framework.
16
If subsoils/topsoils are required to be imported to site for remediation works or use in areas of gardens/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.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 Plan and the National Planning Policy Framework.
17
If during development works unexpected significant contamination (including asbestos
containing materials) 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 Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 Plan and the National Planning Policy Framework.
18
Subject to the findings of condition 14 above, suitable water supply pipes may need to be used on site and the specification of which shall be submitted and approved in writing by the Local Planning Authority to ensure resistance from chemical attack from any residual contamination remaining in the ground.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 Plan and the National Planning Policy Framework.
19
Subject to the findings of Condition 14 above a design sulphate classification will need to be confirmed for all sub surface concrete due to likely elevated soluble sulphate content within the soils and made ground across the site. The sulphate classification used will need to confirmed within a Verification Report for the site.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 Plan and the National Planning Policy Framework.
20
Following completion of any remedial/ground preparation works a Validation Report shall be submitted 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 Planning Authority.
Reasons
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 Plan and the National Planning Policy Framework.
Informatives
01
Severn Trent Water
Severn Trent Water advises that there is a public sewer located within the application site. Public sewers have statutory protection by virtue of the Water Industry Act 1991 as amended by the Water Act 2003 and you may not build close to, directly over or divert a public sewer without consent. You are advised to contact Severn Trent Water to discuss your proposals.
Severn Trent Water will seek to assist you in obtaining a solution which protects both the public sewer and the proposed development. If the applicant proposes to divert the sewer, the applicant will be required to make a formal application to the Company under Section 185 of the Water Industry Act 1991. They may obtain copies of our current guidance notes and application form from either the website (www.stwater.co.uk) or by contacting the Developer Services Team (Tel: 0800 707 6600).
03
Drainage
a connection to Maltby Dike will require a watercourse consent from the Council and the contact is Nigel.Frith@rotherham.gov.uk for an application.
03
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.
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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