| 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 and/or carried out before development can start. Conditions number 05, 08, 16 20, 23, 24, 34, 37, 38 & 39 of this permission requires matters to be approved and/or carried out 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 number 05, 08, 16 20, 23, 24, 34, 37, 38 & 39 is 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, or matters carried out.’
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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
0002-075-NIE-XX-XX-DR-A-PL_000-P1 - Site Location Plan
0002-075-NIE-XX-XX-DR-A-PL_005-P17 - Proposed Site Layout
0002-075-NIE-XX-XX-DR-A-PL_200-P2 - 250 Plans & Elevations - Hipped Roof – Plot 89
0002-075-NIE-XX-XX-DR-A-PL_201-P2 - 252 Plans & Elevations - Hipped Roof – Plots 35 & 103 only
0002-075-NIE-XX-XX-DR-A-PL_203-P2 - 350 Plans & Elevations - Hipped Roof – Plots 17 & 86 only
0002-075-NIE-XX-XX-DR-A-PL_206-P2 - 357 Plans & Elevations - Hipped Roof – Plots 73 & 104 only
0002-075-NIE-XX-XX-DR-A-PL_210-P2 - 452 Plans & Elevations - Hipped Roof - Plots 25, 39 & 51 only
0002-075-NIE-XX-XX-DR-A-PL_210-P1 - 452 Plans & Elevations
0002-075-NIE-XX-XX-DR-A-PL_209-P1 - 451 Plans & Elevations
0002-075-NIE-XX-XX-DR-A-PL_208-P1 - 450 Plans & Elevations
0002-075-NIE-XX-XX-DR-A-PL_207-P1 - 360 Plans & Elevations
0002-075-NIE-XX-XX-DR-A-PL_206-P1 - 357 Plans & Elevations
0002-075-NIE-XX-XX-DR-A-PL_205-P1 - 352 Plans & Elevations
0002-075-NIE-XX-XX-DR-A-PL_204-P1 - 351 Plans & Elevations
0002-075-NIE-XX-XX-DR-A-PL_203-P1 - 350 Plans & Elevations
0002-075-NIE-XX-XX-DR-A-PL_202-P1 - 254 Plans & Elevations
0002-075-NIE-XX-XX-DR-A-PL_201-P1 - 252 Plans & Elevations
0002-075-NIE-XX-XX-DR-A-PL_200-P1 - 250 Plans & Elevations
11289-HBL-XX-XX-DR-C-5003 P04 – Levels Appraisal Sheet 1
0002-075-NIE-XX-XX-DR-A-PL_130-P7 - Proposed Boundary Treatment Plan
0002-075-NIE-XX-XX-DR-A-PL_131-P3 – Proposed Boundary Treatment Details
0002-075-NIE-XX-XX-DR-A-PL_120-P7 - Proposed EV Charge Plan
0002-075-NIE-XX-XX-DR-A-PL_110-P6 - Proposed Refuse Plan
11289-HBL-XX-XX-DR-C-5001 P04 – Drainage Appraisal sheet 1
11289-HBL-XX-XX-DR-C-5002 P04 – Drainage Appraisal sheet 2
0002-075-NIE-XX-XX-DR-A-PL_100-P6 - Proposed Materials Plan
11289-HBL-XX-XX-DR-C-5510-P01 – Proposed Basin Plan and Section
0002-075-NIE-XX-XX-DR-A-PL_401-P3 - Visibility Sections
0002-075-NIE-XX-XX-DR-A-PL_211-P1 - Substation Plan & Elevations
4100-1A-dlp1-A0-250 rev B – Landscape Plan 1 of 2
4100-2A-dlp2-A0-250 rev B – Landscape Plan 2 of 2
Reason
To define the permission and for the avoidance of doubt.
03
Details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to the Local Planning Authority or samples of the materials shall be left on site, and the development shall thereafter be carried out in accordance with the approved details/samples.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
The development shall be completed in accordance with the approved boundary treatment details shown on drawings 0002-075-NIE-XX-XX-DR-A-PL_130-P7 and 0002-075-NIE-XX-XX-DR-A-PL_131-P3 and retained in perpetuity. Each dwelling shall not be occupied until the boundary treatment for that property is provided.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
Construction Environment Management Plan
05
Prior to any works commencing on site a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below:
• Program and Phasing Details
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage / loading / unloading of materials / plant areas
o Delivery times of materials and plant
o Car parking facilities for construction staff
o Details of how the development will legally take access from the adjacent highway i.e. s278 or s184 agreement
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site
• Waste Management
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Highways
06
No development above ground level shall commence until details of the proposed controlled crossing facility, as indicated on plan reference Drg 0002-075-NIE-XX-XX-DR-A-PL_005 Rev P17 (draft) and relocation of the eastbound bus stop, (see access plan 24-206-TR-008 Rev A), including any necessary footway works, have been submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the first dwelling is occupied.
Reason
In the interests of highway safety and promotion of sustainable transport methods.
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 commencement of works road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority, and the approved details shall be implemented before the development is completed.
Reason
No details having been submitted they are reserved for approval.
09
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 transport choices.
Air Quality and Emissions
10
The development shall be completed in accordance with the approved electric vehicle charging details shown on plan ref: 0002-075-NIE-XX-XX-DR-A-PL_120-P7 and retained in perpetuity. Each dwelling shall not be occupied until the charging point is provided.
Reason
In the interests of sustainable development and air quality
Noise
11
Prior to each dwelling being occupied a scheme of sound attenuation including glazing and trickle ventilation shall be installed in accordance with the criteria and specifications as detailed in Section 6 of the revised Noise Impact Assessment undertaken by SLR, dated 3rd December 2024 (Project No. 402.065335.00001). Specifically, this includes an uprated scheme of façade insulation for habitable living rooms and bedrooms, as per Table M (Specifications for Windows and Ventilators) and Figure H (Illustration of Sound Insulation Scheme Across Development), encompassing commensurate acoustic specifications for glazing and trickle ventilators across three schemes of sound insulation. The mitigation shall thereafter be retained in perpetuity.
Reason
To safeguard the amenities of the occupiers of the proposed development.
12
Prior to each dwelling being occupied a decentralised Mechanical Extract Ventilation (dMEV) system or Mechanical Ventilation Heat Recovery (MVHR) system shall be installed to each dwelling as identified as ‘Not Appropriate’ and highlighted in red in Figure I (ADO Simplified Method Suitability) of the revised Noise Impact Assessment undertaken by SLR, dated 3rd December 2024 (Project No. 402.065335.00001). Internal noise levels due to mechanical ventilation plant shall not exceed 35dB LAeq in bedrooms. The mitigation shall thereafter be retained in perpetuity.
Reason
To safeguard the amenities of the occupiers of the proposed development.
13
Close boarded fencing or a solid wall of a minimum height of 1.8m and a minimum surface mass of 10kg/m2 shall be installed to the boundaries of each dwelling as identified in Figure J (External Noise Levels) of the revised Noise Impact Assessment undertaken by SLR, dated 3rd December 2024 (Project No. 402.065335.00001), prior to their occupation. The barrier shall be solid, continuous, with no holes or gaps and shall thereafter be maintained and retained in perpetuity.
Reason
To safeguard the amenities of the occupiers of the proposed development.
Drainage
14
No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.
Reason
To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network.
15
The development shall be carried out in accordance with the Flood Risk Assessment (ref: 11289-HBL-XX-XX-RP-C-0001 Rev P01), prepared by HBL dated 2 September 2025.
Reason
To ensure the site and neighbouring sites are not at risk of flooding from the development.
16
The development hereby granted shall not be begin until details of the foul, surface water and land drainage systems including calculations and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin and in accordance with Policy CS25 of the Local Plan.
Landscapes
17
Prior to commencement of development above ground, a detailed landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
• The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
• The extent of any changes to existing ground levels, where these are proposed.
• Any constraints in the form of existing or proposed site services, or visibility requirements.
• Areas of structural and ornamental planting that are to be carried out.
• The positions, design, materials and type of any boundary treatment to be erected.
• A planting plan and schedule detailing the proposed species, siting, quality and size specification, 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 scheme shall thereafter be implemented in accordance with the approved landscape scheme and in accordance with the appropriate standards and codes of practice within a timescale agreed, in writing, by 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.
18
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.
19
Prior to commencement of development above ground, details of a scheme of advance planting to provide screen planting to site boundaries and structure planting along access roads and associated with key entrances and junctions shall be submitted to and approved in writing by the Local Planning Authority. The planting shall thereafter be implemented in accordance with the approved details:
i. Prior to the first occupation of the part or phase of development to which the screen relates: or
ii. In accordance with an implementation timetable agreed in writing with the Local Planning Authority.
This planting shall be maintained for a minimum period of 5 years following contractual practical completion of the part or phase of development to which it relates, and any failures replaced.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Trees
20
No operations (including initial site clearance) shall commence on site in connection with development hereby approved 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 scaled site plan**, clearly and accurately depicting trunk locations, root protection areas and canopy spreads.
• A plan** detailing all trees and hedgerows planned for retention and removal.
• A schedule of tree works for all the retained trees and hedges specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998.
• Timing and phasing of works.
• Site specific demolition and hard surface removal specifications.
• Site specific construction specifications in connection with no-dig construction methods.
• Access arrangements and car parking.
• 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.
• Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones.
• Details of the arboricultural supervision schedule.
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 of the Standard
** Plans must be of a minimum scale of 1:200 (unless otherwise agreed by the Local Planning Authority)
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.
Ecology
21
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 order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
22
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 interests of biodiversity and ecology.
23
The development shall not commence works (including demolition) 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 secure the 30 year management and maintenance of the biodiversity net gain habitat creation.
24
No development shall commence on site until:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The details shall be implemented in accordance with the timescales set out in the approved Biodiversity Gain Plan.
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)
Reason
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), to ensure Biodiversity Net Gain.
Land Contamination
25
Prior to above ground works commencing, continuous ground gas monitoring will be undertaken to determine accurately the ground gassing regime across the development site. The scope of works for the gas monitoring will need to be approved by the Local Authority in advance of such works taking place. Following completion of the ground gas monitoring works, a detailed ground gas risk assessment will need to be submitted to the local authority for review and comment.
Reason
To ensure the safe occupation of the site.
26
Prior to above ground works commencing, a Detailed Design Report for Gas Mitigation Measures will be provided for review and comment and shall provide details of the identified gas protection measures required, complete with drawings to show how the gas protection measures will fit into the overall building design.
Reason
To ensure the safe occupation of the site.
27
Post construction, a Gas Verification Report is to be provided to confirm that the measures constructed/installed meet the required standards. A verification report will be forwarded to the Local Authority for review and comment.
Reason
To ensure the safe occupation of the site.
28
If 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 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.
29
Due to elevated sulphate concentrations being detected, any buried concrete to be used on site shall be designed to a design sulphate classification of DS-1 for made ground, with a corresponding ACEC class of AC-1 and DS-1/AC-3z for buried concrete coming into contact with natural ground. The design sulphate classification used will need to be evidenced.
Reason
To ensure the safe occupation of the site.
30
Suitable water supply pipes will need to be specified for the site which are considered capable of resisting chemical attack from residual contaminants remaining within the made ground. The use of these approved water supply pipes will need evidencing within a Verification Report for the site.
Reason
To ensure the safe occupation of the site.
31
If subsoil/topsoil is required to be imported to site for gardens or areas of soft landscaping, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination.
Reason
To ensure the safe occupation of the site.
32
Following completion of any remedial/ground preparation works a Validation Report will be forwarded to this Local Authority for review and comment. 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 Authority.
Reason
To ensure the safe occupation of the site.
33
Prior to commencement of any above ground works, details of any cut and fill earthworks required to create development platform(s), including detailed topographical survey information and proposed finished site levels and any retaining walls and structures shall be submitted to and approved in writing by the Local Planning Authority. This shall include the submission of a Materials Management Plan as required by the CL:AIRE guidance. The development shall thereafter be constructed in accordance with the approved details.
Reason
To ensure the safe occupation of the site.
Coal Mining
34
Prior to works commencing on site an interpretive geotechnical and design mitigation validation report undertaken by a suitably qualified third-party consulting engineer shall be submitted to and approved in writing by the Local Planning Authority. The report shall define the spatial areas area subject to mining legacy mitigation, the proposed mitigation (e.g. pavement and foundation design) and validate the completion of any prior remediation (e.g. drilling and grouting of mine workings) in advance of the commencement of dwelling and pavement construction. Responsibility for securing a safe and sustainable development rests with the developer and/or landowner.
Reason
To ensure the risk from historic coal mining are minimised.
35
No above ground development shall commence until remediation works and mitigation measures to address land instability arising from past coal mining legacy, including that associated with former surface (opencast) and shallow underground mining, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. The remedial works and mitigatory measures shall be carried out in accordance with authoritative UK guidance.
Reason
To ensure the risk from historic coal mining are minimised.
36
Prior to the occupation of the development a signed statement or declaration prepared by a suitably competent person confirming that the site has been made and
stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the completion of those remedial works and mitigation necessary to address the risks posed by past
coal mining activity.
Reason
To ensure the risk from historic coal mining are minimised.
Local Labour Agreement
37
Prior to the commencement of works, a Local Labour Agreement relating to the demolition and construction phase of the development shall be submitted to and approved in writing by the Local Planning Authority. The scope of the Agreement shall be agreed in writing prior to submission of the formal document. The development shall thereafter be carried out in accordance with the approved Agreement.
Reason
To improve skills in all of Rotherham’s communities through the promotion of access to training, education and local employment opportunities.
Waste Management Plan
38
Prior to the development being first occupied a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
• information on the amount and type of waste that will be generated from the site;
• measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
• an assessment of the potential to re-use or adapt existing buildings on the site (if demolished it must explain why it is not possible to retain them);
• design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
• measures to minimise the use of raw materials and minimise pollution of any waste;
• details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
• construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
• details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Soil Strategy
39
No development shall take place until the following information has been submitted to and approved in writing by the Local Planning Authority: A Soil Resource Plan (SRP) prepared by a qualified soil scientist, or other suitably qualified person or persons, in accordance with the 2009 DEFRA Construction Code of Practice for the Sustainable Use of Soils on Construction Sites (or any updated version of this code) informed by a Soil Resource Survey carried out in discharge of this condition. The SRP shall set out the methods and equipment to be used for the protection, recovery, storage, re-use and disposal of all site topsoil and subsoil and shall include details of an auditable system of site monitoring by a qualified soil scientist or other suitably qualified person or persons to ensure correct implementation of the SRP and to ensure that its use off-site is in accordance with the principles contained in this guidance.
Reason
To ensure that all usable soil resources are appropriately recovered and protected, and not lost, damaged or sterilised during the construction process.
Informative(s)
01
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.
02
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.
03
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
04
If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he/she should contact our Developer Services Team (telephone 03451 208 482, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Code for Adoption - a design and construction guide for developers' as supplemented by Yorkshire Water's requirements.
05
It is advised that the development is built to Secured by Design standards (www.securedbydesign.com) and it is recommended that the following be considered:
Defensible Space
Each dwelling should have a front boundary to a height of 1 metre to allow for visible surveillance into and from the dwelling,
Boundary Treatment
All rear gardens should be secured with a min 1.8m high fence.
A 1.8m lockable gate should be fitted as close to the front boundary line as possible to secure the rear of the dwellings. With divisional boundaries between houses at 1.8 metres for the first two panels from the house and dropping to 1.5 metres thereafter.
Surveillance
Any landscaping and front boundaries should be kept low at no more than 1 metre high and any trees to have no foliage below 2m to aid natural surveillance. Positioning of trees should be careful not to mask any Lighting/CCTV Column’s.
Lighting
All external paths and car parking areas should be well lit with an LED lighting scheme to standard BS5489 with no dark areas.
All front and rear doors should be lit with a wall mounted luminaire to provide lighting in line with standard BS5489 which should operate on a dusk to dawn sensor and spread the light downward. These luminaires should be placed as high as possible and in any event not below two metres in height.
Security of Dwellings
In line with SBD standards, all front / rear doors and ground floor windows should comply with PAS 24:2022.
06
Whereby a private maintenance arrangement is proposed and the development is unlikely to remain under single ownership or within a single curtilage over its lifetime a condition will require a satisfactory legal agreement to be drawn up to provide for inspection and maintenance of the proposed surface water drainage scheme. This legal agreement is required BEFORE the first occupation of any dwelling or building on the site. Over the lifetime of the development an agreement must include the following:
a) A detailed operational maintenance plan;
b) Physical access arrangements for maintenance, and establishment of legal rights of access in perpetuity, prior to the commencement of any phase of the development;
c) A financial revenue plan clearly setting out how funding for maintenance is to be raised over the lifetime of the development;
d) A whole life cost analysis for capital maintenance over the lifetime of the development. Any values should be based on the current HM Treasury Present Value (PV) Discount Rate. Assumptions about the expected useful life of materials should be included in any such analysis; and
e) Details of financial surety to ensure long-term maintenance and capital maintenance costs of apparatus. It is for the developer to demonstrate that a suitable financial underwriting arrangement is in place.
07
Surface Water Discharge From Brownfield Site:
There should be no increase in surface water discharge from the site to existing sewers / watercourses. On site surface water attenuation will therefore be required if drained areas to existing sewers / watercourses are to be increased.
A 30% net reduction to existing peak discharge (up to a 1/100 yr storm + 40% CC) will be required if the site is being re-developed. A full justification will be required where the development cannot achieve the 30% betterment on the existing run-off rate.
08
On Site Surface Water Management:
The site is required to accommodate rainfall volumes up to 1 in 100 year return period (plus climate change) whilst ensuring no flooding to buildings or adjacent land.
The applicant will need to provide details and calculations including any below ground storage, overflow paths (flood routes), surface detention and infiltration areas etc. to demonstrate how the 100 year + 40% CC rainfall volumes will be controlled and accommodated.
Where cellular storage is proposed and is within areas where it may be susceptible to damage by excavation by other utility contractors, warning signage should be provided to inform of its presence. Cellular storage and infiltration systems should not be positioned within highway.
Guidance on flood pathways can be found in BS EN 752.
09
Ground Investigations and groundworks
Under the Coal Industry Act 1994 any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Mining Remediation Authority since these activities can have serious public health and safety implications. Such activities could include site investigation boreholes, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain permission to enter or disturb our property will result in the potential for court action. Application forms for Mining Remediation Authority permission and further guidance can be obtained from: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property.
10
Requirement for Incidental Coal Agreements
If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required from the Mining Remediation Authority. Further information regarding Incidental Coal Agreements can be found at:
www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-applicants-for-incidental-coal-agreements.
11
Shallow coal seams
In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities.
12
With regard to condition 06, you will appreciate that these works will require an Agreement under S278 Highways Act, 1980 and involve the provision of a light-controlled crossing facility and relocation of an eastbound bus stop including any associated footway works site (see access plan 24-206-TR-008 Rev A), which the agent has confirmed via email dated 12th December 2025, that SYMCA have agreed in principle.
13
The site layout will be subject to a 20mph zone. This will require a traffic regulation order (TRO) implementing to support the layout. The cost of this TRO is to be funded by the developer at a cost of £4,000 and will be included within the proposed s278 legal agreement.
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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