| 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 07,21,24 & 25 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 07,21,24 & 25 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.
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)
Amended Proposed Site & Location Plan ( (09) 002 Rev E)
Amended Ground Floor Plan ( (08)001 Rev A)
Amended 1st Floor Plan ( (08)002 Rev A)
Proposed Elevations ( (08)003 Rev A)
Proposed Elevations ( (08)004 Rev A)
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 plans. 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 Core Strategy Policy CS28 Sustainable Design.
04
The development including associated grounds hereby approved shall be used as a conference and a events venue only and shall not be open to the general public for passing trade.
Reason
The proposal represents a main town centre use and has been justified on the basis of its specialist conference and events nature.
05
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
In the interest of highway safety and sustainable drainage.
06
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interest of highway safety.
07
The development shall not be commenced until details of the proposed alterations in the footway at Common Lane, and its junction with Laughton Common Road, indicated on plan reference 211043-01 Rev C, have been submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the development is brought into use.
Reason
In the interest of highway safety to promote public transport use.
08
Prior to the commencement of the use hereby approved, 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. This could take the form of leaflets / information on the company website, provided to prospective clients / customers. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.
Reason
To promote sustainable transport use.
09
No cooking of food shall take place on site until details of a kitchen extract system is submitted to and approved in writing by the Local Planning Authority. The details shall provide the following information:
A risk assessment for odour which considers amount and type of food that will be cooked together with the proposed dispersion of odours and proximity of receptors likely to be affected by any cooking odours.
Based on the risk assessment, details of the proposed methods of odour control and dispersion of any extracted odours.
Details showing the proposed location of all the major components of the extract system.
The proposed ongoing maintenance schedule that will carried out to ensure that the extract system continues to effectively control odours. Before the cooking of food commences, the approved extract system shall be installed and thereafter retained and maintained in accordance with the approved details.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
09
No noise generating fixed plant including (but not limited to) mechanical ventilation, air conditioning / refrigeration compressor units or cooking odour extraction plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The details shall include a BS4142:2014+A1:2019 noise assessment and 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to achieve a maximum cumulative plant Noise Rating Level of no more than 5dB(A) below the prevailing background levels, outside the boundary of the nearest noise sensitive property.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
10
Prior to the commencement of the use hereby approved a Noise Management Plan shall be submitted to the Local Planning Authority for approval. The Noise Management Plan shall include (but not be limited) to the following details:
.
Layout/site plan including areas accessible to public
Details of maximum no. of guests on site at any one time and how this will be managed to control noise
Details of maximum no. of guests to be allowed in the garden areas located to the west of the site and how this will be managed to control noise
Details of staff including numbers, responsibilities and locations on site during events
Details of boundary noise checks and record keeping
Details of on-site CCTV provision
Details of provision and use of sound limiting devices in order to control noise
Details of site management and contact details
Full procedures for ensuring noise does not result in disturbance to noise sensitive receptors, including:
the control of volume of amplified and non-amplified music and instruments including hours of use;
the behaviour of customers including their arrival and departure from site, and in outdoor areas; and
Action plan for dealing with noisy, unruly customers
The emptying of rubbish generated on site into waste receptacles and waste collection times.
Details of complaints system for detailing with noise incidents on site from members of the public
The approved Noise Management Plan shall be complied with in full throughout the lifetime of the consent and shall be regularly reviewed and if necessary updated (with the written approval of the Local Planning Authority) to ensure it remains relevant and current. Where the Local Authority receives a complaint in relation to noise, then all documentation as required by the Noise Management Plan shall be made available to authorised officers of the Authority for review.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
11
The premises shall only be open to customers between the hours of 09:00 and 22:00 Mondays to Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
12
Deliveries shall only take place between the hours of 09:00 18:00 Mondays to Saturdays and between the hours of 10:00 hours and 18:00 Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF
13
All recommend mitigation measures as specified in paragraphs 8.2 8.20 as detailed in Section 8 (Noise Mitigation Measures) of the Noise Assessment Report undertaken by Blue Tree Acoustics, dated 15th November 2024 (Ref. 03859-250100) shall be implemented in full.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
14
No loudspeakers shall be placed in any outdoor area of the site.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
15
Except in case of emergency, no construction operations shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall be no working on Sundays or Public Holidays. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Planning Authority shall be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
Reason
In the interest of neighbouring amenity.
16
All machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in British Standard 5228 Code of Practice; 'Noise Control on Construction and Open Sites', and Minerals Planning Guidance Note 11 (1993) 'The Control of Noise at Surface Mineral Workings'.
Reason
In the interest of neighbouring amenity.
17
At all times during the carrying out of operations authorised or required under this permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption.
Reason
In the interest of neighbouring amenity.
18
Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
Reason
In the interest of neighbouring amenity.
19
Foul drainage from the site shall be discharged to a cesspool, details of which shall be submitted to and approved by the Local Planning Authority prior to the commencement of any works on the site.
Reason
To ensure that details of the required cesspool are approved by the Local Planning Authority prior to the commencement of any works on the site.
20
Notwithstanding the submitted details, 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.
Reason
In the interest of ecology.
21
The development shall be completed in accordance with the recommendations in Section 6.4.8 and Section 6.4.10 Further Survey, Mitigation, Compensation and Enhancement, (Middleton Bell September 2024). All the recommendations shall be implemented in full according to the specified timescales, unless otherwise agreed in writing by the LPA, and thereafter permanently retained.
Reason
To protect on site ecology
22
No removal of hedgerows, trees or shrubs, brambles, and ivy or works to or demolition of buildings or structures that may be used by breeding birds 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
To protect on site ecology
23
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
To promote ecological enhancement on site.
24
The development shall not commence until a Habitat Management and Monitoring Plan (HMMP) has been submitted 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
To promote ecological enhancement on site.
25
No development, including any demolition and groundworks, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for an archaeological building record and this has been approved in writing by the Local Planning Authority. The WSI shall include:
The programme and method of recording.
The requirement to seek preservation in situ of identified features of importance.
The programme for post-investigation assessment.
The provision to be made for analysis and reporting.
The provision to be made for publication and dissemination of the results.
The provision to be made for deposition of the archive created.
Nomination of a competent person/persons or organisation to undertake the works.
The timetable for completion of all site investigation and post-investigation works.
Part B (pre-occupation/use)
Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason:
To ensure that the historic buildings are investigated and a proper understanding of their nature, date and significance gained, before those they are damaged or destroyed and that knowledge gained is then disseminated.
Informative
01
Biodiversity Net Gain
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act
1990 is that planning permission granted for the development of land in England is
deemed to have been granted subject to the condition (the biodiversity gain condition) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
This permission will require the submission and approval of a Biodiversity Gain Plan before development is begun. For guidance on the contents of the Biodiversity Gain Plan that must be submitted and agreed by the Council prior to the commencement of the consented development please see the link: Submit a biodiversity gain plan - GOV.UK (www.gov.uk)
02
These works will require an Agreement under s278 Highways Act, 1980 and involve the provision of a new footway and alterations to the existing footway provision (tactile paving) at the Laughton Common Road junction and the construction of vehicle accesses into the development site.
Contact should be made with david.phillips@rotherham.gov.uk as soon as is practical following any approvals received.
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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