| 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 number 20 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 number 20 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.’
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
SRP1157-ONE-ZZ-ZZ-D-L-0014 Rev P01 – Location Plan
SRP1157-ONE-ZZ-ZZ-D-L-0002 Rev P11 – Proposed Site Plan
SRP1157-ONE-ZZ-ZZ-D-L-0010 Rev P06 – External Sports Provision
SRP1157- BBA-14-RF-D-A-2004 Rev P08 – Roof GA Plan
SRP1157-BBA-14-ZZ-D-A-3001 Rev P07 – GA Elevations Sheet 1
SRP1157-BBA-14-ZZ-D-A-3002 Rev P07 – GA Elevations Sheet 2
SRP1157-BBA-14-ZZ-D-A-3003 Rev P07 – GA Elevations Sheet 3
SRP1157-BBA-14-ZZ-D-A-3004 Rev P05 – GA Elevations Sheet 4
SRP1157-BBA-14-ZZ-D-A-3005 Rev P06 – GA Elevations Sheet 5
SRP1157 BBA 14 00 D A 2001 Rev P07 – Ground Floor GA Plan
SRP1157 BBA 14 02 D A 2002 Rev P06 – First Floor GA Plan
SRP1157 BBA 14 02 D A 2003 Rev P07 – Second Floor GA Plan
SRP1157 BBA 14 ZZ D A 4001 Rev P09 – GA Sections Sheet 1
SRP1157 BBA 14 ZZ D A 4002 Rev P10 – GA Sections Sheet 2
SRP1157-ONE-ZZ-ZZ-SK-L-0001 – Tennis Court Setting Out Plan
KL5848 Rev A – Floodlight Drawings
SRP1157-ONE-ZZ-ZZ-D-L-0003 Rev P06 – Site Landscape Plan Sheet 1 of 5
SRP1157-ONE-ZZ-ZZ-D-L-0004 Rev P06 – Site Landscape Plan Sheet 2 of 5
SRP1157-ONE-ZZ-ZZ-D-L-0005 Rev P06 – Site Landscape Plan Sheet 3 of 5
SRP1157-ONE-ZZ-ZZ-D-L-0006 Rev P06 – Site Landscape Plan Sheet 4 of 5
SRP1157-ONE-ZZ-ZZ-D-L-0007 Rev P06 – Site Landscape Plan Sheet 5 of 5
SRP1157-ONE-ZZ-ZZ-D-L-0201 Rev P04 – Detailed Planting Plan Sheet 1 of 5
SRP1157-ONE-ZZ-ZZ-D-L-0202 Rev P04 – Detailed Planting Plan Sheet 2 of 5
SRP1157-ONE-ZZ-ZZ-D-L-0203 Rev P04 – Detailed Planting Plan Sheet 3 of 5
SRP1157-ONE-ZZ-ZZ-D-L-0204 Rev P04 – Detailed Planting Plan Sheet 4 of 5
SRP1157-ONE-ZZ-ZZ-D-L-0205 Rev P04 – Detailed Planting Plan Sheet 5 of 5
SRP1157-ROS-ZZ-ZZ-D-C-9100 Rev P02 – Drainage Plans Sheet 1
SRP1157-ROS-ZZ-ZZ-D-C-9101 Rev P02 – Drainage Plans Sheet 2
SRP1157-ROS-ZZ-ZZ-D-C-9102 Rev P01 – Drainage Plans Sheet 3
Phasing Plan
Landscaping Phasing Plan
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/shown on drawing no. SRP1157 BBA 14 ZZ L A 3901 Rev P02. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Construction Environment Management Plan
04
The demolition and construction phases of the development shall be carried out in accordance with the details contained within the submitted ‘Construction Environmetnal Management Plan Rev 3’ document, dated 18/03/25, prepared by ‘BAM’.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
General Amenity
05
The proposed sports facilities on site as shown in figure 1 of the Noise Impact assessment Noise Impact Assessment undertaken by SLR Technical Services Limited, dated 26th September 2024 (Report No. SRP1157-SRL-ZZ-ZZ-T-J-0002-P1) which includes the use of the floodlights, shall only be used between the hours of 9:00am – 22.00pm Mondays to Fridays, and 9:00am – 18:00pm Saturdays, Sundays & Bank Holidays.
Reason
To safeguard the amenities of the occupiers of nearby properties.
06
Lighting shall be installed, in accordance with the lighting assessment undertaken by Kingfisher Lighting, dated 25th September 2024 (Project No. 529332). The lighting shall not exceed the maximum Lux levels as detailed within the lighting assessment and be maintained following installation and throughout the lifetime of the consent so as not to cause a light nuisance to nearby sensitive receptors (as determined by the Local Planning Authority).
Reason
To safeguard the amenities of the occupiers of nearby properties and to minimise light pollution and reduce the impact on wildlife.
07
The combined noise from all fixed mechanical services and external plant and equipment shall be effectively controlled so that the combined noise rating level of noise from all such equipment does not exceed the representative background noise level as assessed in accordance with the methodology and principles set out in BS 4142:2014+A1:2019 Methods for Rating and Assessing Industrial and Commercial Sound at nearby dwellings as those specified in Table 1.0 of the noise
impact assessment (as replicated below) undertaken by SLR Technical Services Limited, dated 26th September 2024 (Report No. SRP1157-SRL-ZZ-ZZ-T-J-0002-P1). The combined rating sound level of the plant unit(s) should account for any reasonable character corrections, i.e., tonality, intermittency, impulsivity, and other sound characteristics.
All fixed mechanical services and external plant on site shall be maintained following installation and throughout the lifetime of the consent so as not to cause a noise nuisance/disturbance to nearby sensitive receptors (as determined by the Local Planning Authority).
If it cannot be demonstrated that the sound levels in table 1.0 of the noise impact assessment undertaken by SLR Technical Services Limited, dated 26th September 2024 (Report No. SRP1157-SRL-ZZ-ZZ-T-J-0002-P1), have been achieved, a further scheme incorporating further measures to achieve those sound levels shall be submitted to the Local Planning Authority for approval. All works comprised within those further approved measures shall be completed.
Reason
To safeguard the amenities of the occupiers of nearby properties.
Flood Risk and Drainage
08
The drainage of the site shall be carried out in accordance with the details shown on drawing nos. SRP1157-ROS-ZZ-ZZ-D-C-9100 Rev P02; SRP1157-ROS-ZZ-ZZ-D-C-9101 Rev P02 and SRP1157-ROS-ZZ-ZZ-D-C-9102 Rev P01. No buildings shall be occupied or brought into use prior to completion of the approved drainage works.
Reason
To ensure the site can be appropriately drained.
09
The development shall be carried out in accordance with the details set out in the submitted Flood Risk Assessment ref: SRP1157-ROS-ZZ-ZZ-T-C-9002 prepared by Roscoe, dated 25th September 2024.
Reason
To ensure that the site is connected to suitable drainage systems.
10
Prior to any drainage works within 20m of the boundary with Network Rail’s land, a surface water drainage strategy shall be submitted to and approved in writing by the Local Planning Authority. The details must ensure that surface water flows away from the railway, there must be no ponding of water adjacent to the boundary with the railway, any attenuation scheme within 30m of the railway boundary must be approved by Network Rail in advance and there must be no connection to existing railway drainage assets without prior agreement with Network Rail. 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 development first being brought into use.
Reason
To ensure drainage associated with the site does not impact on or cause damage to adjacent railway assets.
Highways
11
Before the car park 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 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.
12
The car parking area shown on the submitted plan (ref: SRP1157-ONE-ZZ-ZZ-D-L-0002 Rev P11) shall be provided, marked out and thereafter maintained for car parking, upon completion of the works relating to Phase 5 of the submitted Phasing Plan.
Reason
To ensure the provision of satisfactory parking spaces and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
13
Prior to any construction works relating to the Highways S278 works, details (shown in draft form on plan reference 100-P-001 Rev A1 (located within the submitted TA)) shall be submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the accesses are brought into use.
Reason
In the interests of highway safety.
14
Prior to completion of the works contained within Phase 5 of the submitted Phasing Plan, evidence that the pre-occupation elements of the approved Travel Plan have been put in place shall be prepared, submitted to and approved in writing by the Local Planning Authority. The developer shall then enable the Highways Authority to implement, monitor and review the approved Travel Plan.
Reason
To support sustainable transport objectives including a reduction in private vehicular journeys and the increased use of public transport, walking, wheeling and cycling.
15
When the proposed access has been brought into use, the temporary access shall be permanently closed and reinstated in accordance with details to be submitted to and approved by the Local Planning Authority.
Reason
In the interests of road safety.
Air Quality and Emissions
16
Prior to the new / extended car park being first brought into use, the EV charging points indicated on drawing number SRP1157-ONE-ZZ-ZZ-D-L-0002 Rev P11 shall be installed. The EV charging points shall thereafter be retained and maintained.
Reason
In the interests of air quality and to provide users of the site with rapid EV charging.
Ecology
17
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.
18
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.
19
The development shall be completed in accordance with the recommendations in Section 7 of the Preliminary Ecological Appraisal, Brindle and Green, October 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
In the interests of biodiversity and ecology.
20
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.
Landscape
21
Landscaping of the site shall be carried out during the first available planting season after completion of each relevant phase of works surrounding phases 2, 4 and 5, as shown on the submitted Landscaping Phasing Plan. Landscaping works will be in accordance with the approved landscape plans set out below:
SRP1157-ONE-ZZ-ZZ-D-L-0002 Rev P11
SRP1157-ONE-ZZ-ZZ-D-L-0003 Rev P06
SRP1157-ONE-ZZ-ZZ-D-L-0004 Rev P06
SRP1157-ONE-ZZ-ZZ-D-L-0005 Rev P06
SRP1157-ONE-ZZ-ZZ-D-L-0006 Rev P06
SRP1157-ONE-ZZ-ZZ-D-L-0007 Rev P06
SRP1157-ONE-ZZ-ZZ-D-L-0201 Rev P04
SRP1157-ONE-ZZ-ZZ-D-L-0202 Rev P04
SRP1157-ONE-ZZ-ZZ-D-L-0203 Rev P04
SRP1157-ONE-ZZ-ZZ-D-L-0204 Rev P04
SRP1157-ONE-ZZ-ZZ-D-L-0205 Rev P04
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.
Trees
22
No work (including demolition) or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations This shall be positioned in accordance with details set out in the submitted ‘Arboricultural Survey, Arboricultural Impact Assessment, Arboricultural Method Statement and Tree Plan’ document (ref: ARB/AE/3471), prepared by Elliott Consultancy Ltd, dated February 2025. The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
Reason
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity.
Land Contamination
23
Following demolition of all structures and prior to above ground works commencing on the land of the former buildings, targeted intrusive site investigation, complete with gas monitoring, shall be undertaken to further assess potential risks associated with shallow coal seams beneath this particular area of the site. In addition, further investigation of land contamination shall be undertaken in all areas of the site that were previously covered by buildings and could not be accessed during the initial site investigations. The investigation and subsequent risk assessment must be undertaken by competent persons and a combined report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority.
The above works shall be conducted in line with 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.
24
Prior to above ground works commencing on land of the former buildings and subject to the findings of condition 23, a Remediation Method Statement shall be provided and approved by this Local Authority to any remediation works commencing on site. 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 Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure the safe occupation of the site.
25
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.
Reason
To ensure the safe occupation of the site.
26
If subsoil/topsoil is required to be imported to site for areas of soft landscaping/playing pitches, 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.
27
Following completion of any remedial works a Validation Report should be forwarded to the 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.
Local Labour Agreement (Construction Phase)
28
The development shall be carried out in accordance with the approved Local Labour Agreement, prepared by BAM Construction dated 09/05/2025 and within 3 months of completion of works within Phase 5 of the submitted Phasing Plan, 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.
Sport England
29
Within 6 months of the demolition of the school buildings the following documents shall be submitted to and approved in writing by the Local Planning Authority:
i. A detailed assessment of ground conditions (including soil structure, drainage and topography) of the land proposed for the playing field and the retained area of playing field to the east of the site shown site plan ref: SRP1157-ONE-ZZ-ZZ-D-L-0010 Rev P07, which identifies constraints which could adversely affect playing field quality; and
ii. Where the results of the assessment to be carried out pursuant to (i) above identify constraints which could adversely affect playing field quality, a detailed scheme with pitch specification to address any such constraints.
The scheme shall include a written specification and plans of the proposed soils structure, proposed drainage, cultivation and other operations associated with grass and sports turf establishment and a programme of implementation and maintenance. This scheme shall also include pitch markings and the installation of any equipment to accord with National Governing Body of Sport guidance.
The approved scheme must be in accordance with Sport England guidance ‘Natural Turf for Sport’ (2011). The approved scheme shall be carried out in full and in accordance with the approved programme of implementation. A report completed by a recognised sports pitch agronomist shall confirm that the works to the playing field have been completed addressing any identified issues shall be submitted to and agreed in writing by the Local Planning Authority within 18 months of the commencement of the development. The land shall thereafter be maintained in accordance with the scheme and made available for playing field use in accordance with the scheme.
Reason
To ensure that the playing field is prepared to an adequate standard and is fit for purpose.
30
Prior to the playing fields being brought into use, a scheme for the management and maintenance of playing field drainage, including a management and maintenance implementation programme, shall be submitted to and approved in writing by the Local Planning Authority. The playing fields shall thereafter be managed and maintained in accordance with the approved scheme.
Reason
To ensure the quality of pitches is satisfactory and that they are available for use before development is first occupied.
31
Prior to commencement of the construction of the playing field forming part of the Phase 5 works as shown on the submitted Phasing Plan, details of the location, design, specification and maintenance of the proposed replacement non-turf pitch for cricket, together with its relationship with the other sports pitches on the playing field at Wales High School shall be submitted and approved in writing by the Local Planning Authority, after consultation with Sport England. Details shall demonstrate that the non-turf wicket is an ECB approved non-turf pitch system – Outdoor use and shall be constructed and maintained in accordance with the approved details prior to first use of the grass pitches.
Reason
To ensure the satisfactory quantity, quality and accessibility of compensatory provision which secures a continuity.
32
The development hereby approved shall not be occupied until full details of the design and specification of the ball stop mitigation, including details of management and maintenance responsibilities, as set out in Ball Strike Assessment by Labosport (Ref: LSUK.24-0535_CBA Version 3.0) have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be installed in full before the completion of the works associated with Phase 5 as shown on the submitted Phasing Plan and thereafter be managed and maintained in accordance with the approved details.
Reason
To provide protection for the occupants of the development and their property from potential ball strike from the adjacent playing field or sports facility, to reduce conflict between neighbours and therefore safeguard sporting use of the adjacent sports facilities.
33
No internal works of the sports hall, activity halls and changing rooms hereby approved shall commence until internal details of the design and layout of these halls and changing rooms have been submitted to and approved in writing by the Local Planning Authority. The details shall include appropriate scale plans of the layout and dimensions of the courts with run off areas and internal features (including fixtures, flooring, lighting, ventilation and equipment). The sports hall, activity halls and changing rooms shall not be constructed other than in accordance with the approved details and shall not be brought into use until the approved details have been implemented. The agreed internal works shall thereafter be retained and maintained.
Reason
To ensure the development is fit for purpose and sustainable.
34
Use of the sports provision shall not commence until a Community Use Agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority. The agreement shall apply to all sports and ancillary facilities managed by the school, or their management company, and include details of pricing policy, hours of use, access by non-educational establishment users, management responsibilities and a mechanism for review. The development shall not be used otherwise than in strict compliance with the approved agreement for the duration of the development.
Reason
To secure well managed safe community access to the sports facility/facilities, to ensure sufficient benefit to the development.
Informative(s)
01
Biodiversity Net Gain (PRE-COMMENCEMENT)
Unless an exception or a transitional arrangement applies1, 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.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan in respect of this permission would be Rotherham MBC. Failure to submit a Biodiversity Gain Plan prior to the commencement of development will lead to formal enforcement action being considered, which could be in the form of a Temporary Stop Notice (that will require all development on site to stop, for a period of 56 days).
Biodiversity Gain Plan
The biodiversity gain plan must include/accompanied by:
a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;
b) the pre-development biodiversity value of the onsite habitat;
c) the post-development biodiversity value of the onsite habitat;
d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development;
e) any biodiversity credits purchased for the development;
f) any information relating to irreplaceable habitat making up onsite habitat;
g) information about steps taken or to be taken to minimise any adverse effect of the development on, and arrangements for compensation for any impact the development has on the biodiversity of, any irreplaceable habitat4 present within the onsite baseline; and
h) any additional information requirements stipulated by the secretary of state.
The effect of section 73D of the Town and Country Planning Act 1990
If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission (“the earlier Biodiversity Gain Plan”) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
1. do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
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
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.
03
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.
04
If a protected species (such as any bat, great crested newt, dormouse, badger, reptile, barn owl or any nesting bird) is discovered using a feature on site that would be affected by the development or related works all activity which might affect the species at the locality should cease. You should then seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works (with regard to bats). This action is necessary to avoid possible prosecution and ensure compliance with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended), the Protection of Badgers Act 1992 and the Wild Mammals Act 1996. This advice note should be passed on to any persons or contractors carrying out the development/works.
05
Useful Network Rail contacts:
Asset Protection Eastern
For enquiries, advice and agreements relating to construction methodology, works in proximity to the railway boundary, drainage works, or schemes in proximity to railway tunnels (including tunnel shafts) please email:
assetprotectioneastern@networkrail.co.uk.
Land Information
For enquiries relating to land ownership enquiries, please email landinformation@networkrail.co.uk.
Property Services
For enquiries relating to agreements to use, purchase or rent Network Rail land, please email propertyserviceslneem@networkrail.co.uk.
06
This development would greatly benefit from being built to Secured by Design standards, www.securedbydesign.com
Security of Building
Boundary treatment 2.4m weldmesh type fencing with access-controlled vehicle and pedestrian gates.
All external doors and ground floor windows must meet one of the following:
PAS 24:2022
LPS 1175 SR 2
STS 201 or STS 202 BR2
More information can be found at www.securedbydesign.com
All entrances should be well lit.
All windows used at ground floor level and any curtain wall glazing must be laminated to 6.8mm or P1A.
The site should be monitored with a CCTV system designed in conjunction with the lighting scheme.
All entrances should be access controlled throughout the day and visitors must be held in a secure reception area until they have been signed in.
Vehicle Parking
The Car Park should be well lit with a scheme equivalent to BS 5489 with no dark areas, all landscape should be kept low to aid surveillance.
Any secure bicycle parking should be as close to the building as possible in full view of a well-used room, ideally the office.
Landscape
The landscape should not impede the natural surveillance across the site, nor should it hinder lighting or CCTV Columns.
07
Ground Investigations
Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications. Failure to obtain permission to enter or disturb our property may result in the potential for court action. In the event that you are proposing to undertake such work in the Forest of Dean local authority area our permission may not be required; it is recommended that you check with us prior to commencing any works. Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property
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.
08
Where a verified complaint is received by Rotherham Metropolitan Borough Council that suggests a light nuisance exists and the relevant approved criteria is not being met, a further lighting assessment will need to be submitted to demonstrate compliance with the Institution of Lighting Professionals Guidance – Reduction of Obtrusive Light Guidance Note 01/21 for a suburban location (E3 Zone).
09
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.
10
Please note that in respect of the Construction Environment Management Plan, the contractor will need to contact Highway Network Management Group as this temporary access (if used) will require a S184 licence agreeing.
11
Where a verified complaint is received by Rotherham Metropolitan Borough Council that suggests that the criteria in Condition 7 is not being met, the operator of the site shall complete an assessment in accordance with the methodology and principles set out in BS 4142:2014+A1:2019, to demonstrate that condition 7 is being complied with at all times. The assessment shall be completed by a competent person agreed in writing with the Local Planning Authority in advance of the assessment. If it cannot be demonstrated that the sound levels in table 1.0 of the noise impact assessment undertaken by SLR Technical Services Limited, dated 26th September 2024 (Report No. SRP1157-SRL-ZZ-ZZ-T-J-0002-P1), have been achieved, a further scheme incorporating further measures to achieve those sound levels shall be submitted to the Local Planning Authority for approval. All works comprised within those further approved measures shall be completed.
12
With regard to condition 29 the applicant is advised to engage a sports turf specialist to carry out the assessment and prepare the scheme and pitch specification. The applicant is advised that the scheme should comply with the relevant industry Technical Guidance, including guidance published by Sport England, National Governing Bodies for Sport. Particular attention is drawn to ‘Natural Turf for Sport’, (Sport England, 2011). There should be no ruts or drops in level between the reinstated playing field and the existing playing field that could cause a trip or slip hazard to the pitch users.
13
With regard to condition 30 Sport England recommend that the drainage assessment and improvement/management scheme is undertaken by a specialist turf consultant.
14
With regard to condition 31 the facility complying with the England & Wales Cricket Board’s TS6 document on Performance Standards for Non-Turf Cricket Pitches Intended for Outdoor Use and for the system installed to be an ECB approved non turf system – see https://www.ecb.co.uk/news/74645/cricket-surface-types for further details of the ECB TS6 document and approved non-turf systems.
15
With regard to condition 33 the applicant is advised that the design and layout of the sports hall should comply with the relevant industry Technical Design Guidance, including guidance published by Sport England, National Governing Bodies for Sport. https://www.sportengland.org/how-we-can-help/facilities-and-planning/design-and-cost-guidance/sports-halls
16
With regard to condition 34 Guidance on preparing Community Use Agreements with a template agreement is available from Sport England: https://www.sportengland.org/how-we-can-help/facilities-and-planning/planning-for-sport/community-use-agreements There is a free online resource from Sport England (Use Our School) that offers further guidance and information for local authorities and other education providers on how to make the best use of school facilities for the benefit of the local community. It is especially useful for those who have responsibility within a school for establishing, sustaining and growing community activity on school sites. 'Use Our School' can be accessed here: www.sportengland.org/useourschool
17
Coal Mining Informative:
1 - 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 Coal Authority since these activities can have serious public health and safety implications. Such activities could include site investigation boreholes, piling works, 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 Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property
2 - 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 Coal 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
3 - 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.
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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