| 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 05, 10 & 27 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 conditions numbered 05, 10 & 27 are fundamental to the acceptability of the development and the nature of the further information required to satisfy is 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 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 17048 THPW 00 XX DR A 100 Rev J
• Proposed Masterplan 17048 THPW 00 XX DR A 104 Rev L
• Proposed Enabling Works Plan 17048 THPW 00 XX DR A 103 Rev H
• Proposed Application Strategy 17048 THPW 00 XX DR A 105 Rev E
• Plot D Proposed Site Plan 17048 THPW 00 XX DR A 106 Rev D
• Proposed Ground Floor 17048 THPW HQ XX DR A (00)01 Rev PO6
• Proposed First Floor 17048 THP HQ XX DR A (00)02 Rev PO4
• Proposed Elevations 17048 THPW HQ XX DR A (00)05 Rev PO6
• Proposed Roof Plan 17048 THP HQ XX DR A (00)04 Rev PO4
• Proposed Plant Deck 17048 THP HQ XX DR A (00)03 Rev PO4
• Proposed Site Sections 17048 THPW XX XX DR A 108
• Proposed Earthworks Section Sheet 1 221360 BWB INF DAH D C 0620 S5 Rev P02
• Proposed Earthworks Section Sheet 2 221360 BWB INF DAH D C 0621 S5 Rev P02
• Proposed Formation Levels 221360 BWB INF DAH D C 0610 S5 Rev P02
• Proposed Finished Levels 221360 BWB INF DAH D C 0600 S5 Rev P02
• Proposed Foundation General Arrangement 221360 DAH DCE XX FN DR S 0900 S3 Rev P02
• Highwall Park Bunds Typical Sections 221360 BWB HWY DAH D C 0143 S5 Rev P02
• Public Right of Way Typical Sections 221360 BWB HWY DAH D C 0142 S5 Rev P02
• Feature Wall Elevation 17048 THP BN XX DR A 00 04 Rev 01
• Bin Store/Cycle Shelter Layout Plan 17048 THP BN DR A 00 03 Rev P01
• Bin Store/Cycle Shelter Elevations 17048 THP BH ZZ DR A 00 02 Rev P01
• Bin Store/Cycle Shelter Layout 17048 THP BN XX DR A 00 01 Rev P01
• Proposed Drainage Strategy 221360-BWB-INF-DAH-D-C-0500 S5 rev P03
• Proposed Drainage Catchment Plan 221360-BWB-INF-DAH-D-C-0530 S5 P03
• Proposed Ecology Plan 17048 THPW 00 XX DR A 112
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details provided in the submitted application form and shown on the approved drawings. The development shall thereafter be carried out in accordance with these details.
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.
04
No boundary treatment shall be erected on the site until details of the location, design and materials have been submitted to and approved by the Local Planning Authority. The approved details shall be implemented on site.
Reason
In the interests of visual amenity and in accordance with Local Plan Policies.
TRANSPORTATION
05
Prior to the commencement of the development, details of the proposed works shown in draft form on Drg No 2108/PA/04 rev D to Highfield Spring which include the provision of a new junction, central Island in Highfield Spring (to prevent right turning), realignment of the footway / cycleway, lighting, lining, pedestrian refuge (new junction) and signage shall be submitted to the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the development.
Reason
In the interest of Highway Safety
06
Before the development is brought into use, that part of the site to be used by vehicles shall be properly 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.
All to the satisfaction of the Local Planning Authority and shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety.
07
Before the development is brought into use the car parking area shown on the approved proposed site plan shall be provided, marked out and thereafter maintained
for car parking.
Reason
In the interest of Highway Safety
08
Before the proposed highway network works are commenced, road sections, constructional and drainage details shall be submitted to the Local Planning Authority. The approved details shall be implemented before the development is completed.
Reason
In the interest of Highway 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 transport choices.
10
Prior to the commencement of works a Construction Method Statement shall be submitted to and approved in writing by the Council and the approved statement shall be adhered to throughout the construction period. The Statement shall provide for; Storage / loading / unloading of materials / plant / wheel washing facilities/ signage for all traffic to be left in left out only; and car parking facilities for the construction staff.
Reason
In the interest of Highway Safety
11
The development shall not be occupied until details of the proposed level boarding facilities (raised kerbs and tactiles) and alterations to the existing footway / cycleway on the site frontage with Highfield Spring have been submitted to and approved by the Local Planning Authority. The approved details shall be implemented before the first occupation of the development. (The works will require the applicant to enter into a S278 legal agreement with the Council as Highway Authority.)
Reason
In the Interest of Highway Safety
AMENITY
12
The Construction Environmental Management Plan submitted on 19th July 2024 shall be implemented on site throughout the construction phase of the development.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with Part 15 of the NPPF and RMBC Policy SP52.
13
The combined noise from all fixed mechanical services and external plant and equipment shall be effectively controlled so that the combined rating level of noise from all such equipment does not exceed the maximum cumulative ‘free-field’ plant noise rating levels at nearby sensitive receptors as specified in Table 4.1 of the Noise Impact Assessment (as replicated below) undertaken by Sharps Redmore dated 13th June 2024, (Project No. 2321999).The cumulative rating sound level of the plant unit(s) should account for any reasonable character corrections, i.e., tonality, intermittency, impulsivity, and other sound characteristics. ‘Rating Level’ and ‘Background Sound/Noise Level’ are as defined in BS 4142:2014+A1:2019.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
14
Artificial lighting shall be controlled to minimise stray light and glare into nearby sensitive premises. External artificial lighting shall be installed and maintained in accordance with the ‘Guidance Notes for the Reduction of Obtrusive Light’ by the Institution of Lighting Professionals: 2021. The lighting shall be maintained following installation and throughout the lifetime of the consent so as not to cause a light nuisance/disturbance to nearby sensitive receptors (as determined by the Local Planning Authority). If lighting is deemed by the Local Planning Authority to be causing disturbance works shall be carried out to abate the nuisance to the satisfaction of the Local Planning Authority.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
LAND CONTAMINATION
15
Elevated soluble sulphate concentrations have been recorded within the made ground across the site. Sulphate precautions comprising Design Sulphate Class of DS-1 and an Aggressive Chemical Environment for Concrete (ACEC) classification of AC-1 are to be incorporated into any concrete in contact with the made ground. Confirmation of the use of the design sulphate class will need to be evidenced.
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.
16
Post above ground construction a Gas Verification Report is to be provided to confirm that the measures constructed/installed are in accordance with the report entitled ‘Gas Protection and Tanking Design Strategy – Project Dahlia’ prepared by Dice Consulting Engineers Ltd, dated 13 November 2024, reference DAH-DCE-XX-XX-RP-S-0006, Revision 3. The Gas Verification Report shall be submitted and approved by the Local Planning 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.
17
If subsoil/topsoil is required to be imported to site for remedial works/areas of 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. The results of which will need to be presented within a Verification Report.
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.
18
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 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 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.
DRAINAGE
19
The development shall be carried out in accordance with the details shown on the submitted plan, Flood Risk Assessment prepared by Dice, dated June 2024, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage
LANDSCAPING & BIODIVERSITY
20
Prior to any above ground development taking place, a detailed scheme of structure planting to all plots based on Smeeden Foreman Landscape Masterplan Dwg No 17048 SL SFH XX XX DR L LL01 shall be submitted and approved in writing BY THE Local planning Authority. The detailed scheme shall include screen planting to site boundaries, structure planting along access roads and associated with key entrances, green links and junctions. The detail scheme shall comprise:
- A planting plan and schedule detailing the proposed species, siting, quality
and size specification, quantity, 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 for the lifetime of the development including replacement planting,
that will be carried out for a period of 5 years after completion of the planting
scheme.
The said planting shall thereafter be implemented in accordance with an implementation timetable agreed in writing with 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 Plan Policies.
21
Landscaping of the site as shown on the approved plans (Smeeden Foreman Plot Landscape Soft landscape Proposals Plot D 17048 SL SFH XX XX DR L LL03 Revision C, Hard Landscaping Proposals Plot D 17048 SL SFH XX XX DR L LL02 Rev C and Proposed Landscape Masterplan 17048 SL SFH XX XX DR L LL05 Revision B) shall be carried out during the first available planting season after commencement of the development and thereafter maintained for the lifetime of the development. 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 and in accordance with Local Plan Policies.
22
Before any above ground development full details of the green roof construction, specification, planting and maintenance schedules shall be shubitted to and approved by the Local Planning Authroity. The green roof shall be implemented prior to the building first being brought into use.
The roof vegetation shall be maintained for 5 years from the date of completion of the green roof, and any failures within that period shall be replaced on an annual basis to the satisfaction of the local authority.
Reason
To adequately appraise the efficiency, suitability and maintenance of the green roof technology in accordance with Local Plan Policies
23
A Landscape Management Plan, including long term design objectives, management
responsibilities and maintenance schedules for all landscape and public realm areas shall be submitted to and approved by the Local Planning Authority 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.
Note: A Management Plan may be expected to set out, graphically and / or in writing, the overall functional and aesthetic objectives of a landscape scheme and the steps such as legal arrangements including ownership and management responsibilities, planned maintenance tasks, phased works, and monitoring procedures that will be taken after implementation to ensure that the scheme establishes successfully and is sustainable in the long-term
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.
24
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 the interest of Biodiversity at the site.
25
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.
Reason
In the interest of Biodiversity at the site.
26
No habitat creation on site shall commence until a [Habitat Management and Monitoring Plan (the HMMP)], prepared in accordance with the approved Biodiversity Gain Plan and including:
a) a non-technical summary;
b) the roles and responsibilities of the people or organisation(s) delivering the [HMMP];
c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved
Biodiversity Gain Plan;
d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the Local Planning Authority,
has been submitted to, and approved in writing by, the Local Planning Authority.
Reason
In the interest of Biodiversity at the site to achieve Biodiversity Net Gain.
LOCAL LABOUR AGREEMENTS
27
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’
28
Prior to the operational use of the land/building(s) hereby approved, the attached Local Labour Agreement pro forma outlining measures to be taken to employ local workers for the operational phase of the development shall be completed and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and no later than 6 months from the date of first operation information shall be submitted to the Local Planning Authority providing details relating to the percentage of staff currently employed from the local area.
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’
BREEAM
29
Within 6 months of the building being occupied a BREEAM certificate confirming the scheme has achieved Excellent shall been submitted to and agreed, in writing, by the Local Planning Authority.
Reason
To achieve a sustainable form of development in accordance with Policy SP57 ‘Sustainable Construction’ and the NPPF
COMMUNICATION
30
Upon commencement of development 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
Informative(s)
2. in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
- Listed exemptions from Statutory BNG and transitional arrangements can be found at Biodiversity net gain: exempt developments - GOV.UK (www.gov.uk)
- The Statutory Biodiversity Gain Plan template can be found at https://www.gov.uk/government/publications/biodiversity-gain-plan
- Minimum legal requirements for the Biodiversity Gain plan can be found at https://www.legislation.gov.uk/ukpga/2021/30/schedule/14#:~:text=paragraph%2015).-,Biodiversity%20gain%20plan,-14
- Irreplaceable habitats for the purposed of Biodiversity Net Gain are defined by Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024. A full list of irreplaceable habitats can be found at https://www.legislation.gov.uk/uksi/2024/48/schedule/made
- Additional information required is outlined by Articles 37C(2) [Non Phased] 37C(4) [Phased] of The Town and Country Planning (Development Management Procedure) (England) Order 2015 and may be subject to the nature of your application https://www.legislation.gov.uk/uksi/2015/595#:~:text=Additional%20content%20of%20plan
- Where a Habitat Management and Monitoring Plan is required: https://publications.naturalengland.org.uk/publication/5813530037846016
02
Environment Agency comments –
Land contamination: risk management and good practice
We recommend that developers should:
• Follow the risk management framework provided in Land Contamination: Risk Management, when dealing with land affected by contamination
• Refer to our Guiding principles for land contamination for the type of information that we require in order to assess risks to controlled waters from the site - the local authority can advise on risk to other receptors, such as human health
• Consider using the National Quality Mark Scheme for Land Contamination
Management which involves the use of competent persons to ensure that land
contamination risks are appropriately managed
• Refer to the contaminated land pages on gov.uk for more information
Waste on-site
The CL:AIRE Definition of Waste: Development Industry Code of Practice (version 2)
provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works is waste or has ceased to be waste. Under the Code of Practice:
• excavated materials that are recovered via a treatment operation can be reused on-site providing they are treated to a standard such that they are fit for purpose and unlikely to cause pollution
• treated materials can be transferred between sites as part of a hub and cluster project
• some naturally occurring clean material can be transferred directly between sites
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on-site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
We recommend that developers should refer to:
• the position statement on the Definition of Waste: Development Industry Code of Practice
• The waste management page on GOV.UK
Waste to be taken off-site
Contaminated soil that is (or must be) disposed of is waste. Therefore, its handling,
transport, treatment and disposal are subject to waste management legislation, which includes:
• Duty of Care Regulations 1991
• Hazardous Waste (England and Wales) Regulations 2005
• Environmental Permitting (England and Wales) Regulations 2016
• The Waste (England and Wales) Regulations 2011
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
If you receive (or reject) any hazardous waste, you must send a report to the
Environment Agency. These are known as ‘returns’. If you dispose of hazardous waste at the premises where it’s produced you may also need to send returns. You should follow the guidance provided here: Hazardous waste: consignee returns guidance
03
South Yorkshire Fire and Rescue –
South Yorkshire Fire and Rescue is keen to promote the benefits of sprinkler systems to protect lives, property and the environment. As such it is recommended that this is allowed for when determining the water supply requirements for the site.
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 further amended during the application process. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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