| 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 21 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 21 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 –
• Location and Block Plan FC/2024.15 03 Rev A
• Elevations and Block Plan FC/2024.15 02 Rev C
• Floor Layout and Front Elevation FR/2024.15 01 Rev B
Reason
To define the permission and for the avoidance of doubt.
03
No above ground development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted and approved in writing by the Local Planning
Authority. The development shall thereafter be carried out in accordance with the
approved 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
TRANSPORTATION
04
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 the site is drained properly in the interest of Highway Safety
05
Before the development is brought into use the car parking area shown on the approved plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
06
Details of a scheme to provide electric vehicle charging points within the car park shall be submitted and approved by the Local Planning Authority, the scheme shall be in accordance with Supplementary Planning Document 2 ‘Air Quality and Emissions’ and the approved scheme shall be implemented before the development is brought into use.
Reason
In order to promote sustainable transport choices.
ENVIRONMENTAL
07
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.
08
The use hereby permitted shall only operate between the hours of 07:00hrs and
23:00hrs Mondays to Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 15 of the NPPF
09
No noise generating fixed plant including (but not limited to) mechanical ventilation, air conditioning / refrigeration compressor units 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 which has been carried out by a competent person (see footnote) and include 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 0dB(A) above 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 above ground works commencing, a Preliminary Risk Assessment (Phase I) will be undertaken to obtain an understanding of the site’s history, its setting and its potential to be affected by contamination. This report shall be submitted to and approved by the Local Planning.
The above shall be conducted in accordance with the new 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 Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning
Policy Framework.
11
Prior to above ground works commencing, detailed intrusive site investigation shall be undertaken to fully determine the geotechnical and geo-environmental constraints at the site complete with ground gas monitoring. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings shall be submitted and approved by the Local Planning Authority.
The above shall be conducted in accordance with the new 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 Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning
Policy Framework.
12
Subject to the findings of condition 11 above and prior to above ground works 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 full on site under a 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 scheme works.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning
Policy Framework.
13
Subject to the findings of Condition 11 above, 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 designs.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning
Policy Framework.
14
Post construction, a Gas Verification Report is to be provided for each building to confirm that the measures constructed/installed meet the required standards. Inspection reports for each building will be forwarded to the Local planning Authority for review and comment.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning
Policy Framework.
15
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 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 196 and 197 of the National Planning
Policy Framework.
16
If virgin material, subsoil/topsoil materials are required to be imported to site for remedial works, then these materials 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 and will not present a risk to future users of the site and the environment.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning
Policy Framework.
17
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 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 196 and 197 of the National Planning
Policy Framework.
18
Following completion of any remedial works a Validation Report will 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 Authority.
Reasons
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning
Policy Framework.
DRAINAGE
19
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
COMMUNICATION
20
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
LOCAL LABOUR AGREEMENTS
21
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’
22
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’
CONSTRUCTION
23
Except in case of emergency, no 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
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF
24
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’.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF
25
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
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF
26
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
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF
Informative
01
This development is not subject to the statutory Biodiversity Gain Plan condition because of the declaration on the application form that the development was exempt because the impact on habitat is de-minimis.
02
Noise - Competent Person – Footnote
All noise assessments should be carried out by a competent person. Developers may wish to contact the Association of Noise Consultants http://www.association-of-noise- consultants.co.uk/ (020 8253 4518) or the Institute of Acoustics http://www.ioa.org.uk (0300 999 9675) for a list of members.
Positive and Proactive Statement
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
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