| Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing planning conditions that require particular matters to be approved before development can start. Conditions numbered 25 & 27 of this permission require matters to be approved before development works begin; however, in this instance the conditions are justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition numbers 25 & 27 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;
List of plans
T/HR/21/P1 Site Layout Plan (received 6/11/2025)
T/HR/23/D1 Drainage Drawing
T/HR/Plot 2
T/HR/Plot 3
T/HR/Plot 4 to 7
T/HR/Plot 8-11
T/HR/Plot 12
Site Location Plan (received 06/12/2025)
T/HR/Plot1 Showing boundary wall (Amended) (received 28/04/2026
T/HR/Plot 13 (received 28/04/2026)
Reason
To define the permission and for the avoidance of doubt.
03
Prior to works commencing above ground level for the new build, and prior to the commencement of the conversion of the existing buildings, 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
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
04
Prior to occupation of the dwellings hereby approved, 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, 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 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 and in accordance with Policy SP32 Green Infrastructure and Landscape.
Highways
05
When the proposed access has been brought into use, the existing access marked on the submitted plan (Swimming baths entry / exit) shall be permanently closed and the kerbline and footway reinstated in accordance with details to be submitted to and approved by the Local Planning Authority.
Reason
In the interests of highway safety.
06
Before the development is brought into use, that part of the site to be used by vehicles shall be properly constructed with either;
a/ a permeable surface and associated water retention/collection drainage, or
b/ an impermeable surface with water collected and taken to a separately constructed water retention / discharge system within the site.
All to the satisfaction of the Local Planning Authority and shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained, and 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.
07
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
To ensure that the roads are properly constructed and suitably drained.
08
Prior to the commencement of development hereby approved, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing how the use of sustainable/public transport will be encouraged. The agreed details shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority. This can be in the form of a leaflet for each prospective new occupier setting out bus timetables, nearby cycle routes, local schools, doctors etc.
Reason
To promote sustainable transport choices.
09
Prior to the commencement of works a Construction Method Statement shall be submitted to and approved in writing by the Council and the approved statement shall be adhered to throughout the construction period. The Statement shall provide for; Storage / loading / unloading of materials / plant; and car parking facilities for the construction staff and include reference as to how the development will legally take access from the adjacent highway i.e. s278 or s184 agreement.
Reason
In the interests of highway safety.
10
Prior to the commencement of works, details of vehicle charging points (1 per dwelling) shall be submitted to and approved by the local planning authority. Dwellings shall not be occupied until the charging point has been provided, and it shall thereafter be retained.
Reason
In the interest of Air Quality.
11
The development shall not be commenced until details of the proposed alterations in the highway at the junction of the proposed vehicle access and Haugh Road, indicated on plan reference T/HR/21/P1 revision D, have been submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the development is brought into use.
NB. You will appreciate that these works will require an Agreement under S278 Highways Act, 1980 and involve the provision of new vehicle access and the reinstatement of part of the kerbline fronting Haugh Road.
Reason
In the interests of highway safety.
Air Quality and Emissions
12
Prior to the occupation of the dwellings hereby approved, details of vehicle charging points (1 per dwelling) shall be submitted to and approved by the local planning authority. The dwellings shall not be occupied until the charging points have been provided, and they shall thereafter be retained.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
Land Contamination
13
Prior to above ground works commencing a Phase II Intrusive Site Investigation complete with Regeneration & Environment ground gas monitoring shall be undertaken to assess the geotechnical and geo-environmental conditions across the site. The investigation and subsequent risk assessment must be undertaken by competent persons, and a written 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’ (June 2025) 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.
14
Prior to above ground works commencing and subject to the findings of item 1 above, a Remediation Method Statement shall be provided and approved by this Local Authority prior 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 in accordance with Policy SP54 of the Rotherham Local Plan.
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 Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan.
16
If subsoil/topsoil is required to be imported to site for gardens and 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 in accordance with Policy SP54 of the Rotherham Local Plan.
17
Following completion of any remedial/mitigation 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 in accordance with Policy SP54 of the Rotherham Local Plan.
Drainage
18
The development hereby granted shall not be occupied until details of the foul, surface water and land drainage systems 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.
The Developer should be aware that a Sustainable Drainage System (SuDS) is the Local Planning Authority’s preferred option. A detailed explanation of any alternative option and reasons for rejecting a SuDS solution will be required.
No building hereby permitted shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with the submitted details. The sustainable drainage scheme shall be designed, managed and maintained in accordance with the Non-statutory technical standards and local standards.
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.
Ecology
19
Notwithstanding the submitted details, before above ground works commence details of external lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall clearly demonstrate that lighting will not cause excessive light pollution or disturb or prevent bats or other species using key corridors, foraging habitat features or accessing roost sites. The details shall include, but not limited to, the following:
a) A drawing showing sensitive areas and/or dark corridor safeguarding areas;
b) Technical description, design or specification of external lighting to be installed including shields, cowls or blinds where appropriate;
c) A description of the luminosity of lights and their light colour;
d) A drawing(s) showing the location and where appropriate the elevation and height of the light fixings;
e) Methods to control lighting control (e.g. timer operation, passive infrared sensor (PIR));
f) Lighting contour plans both horizontal and vertical where appropriate and taking into account hard landscaping, etc.
All external/internal lighting shall be installed in accordance with the specifications and locations set out in the approved details. These shall be maintained thereafter in accordance with these details. Under no circumstances shall any other external lighting be installed.
Reason
In the interest of ecology.
20
No removal of hedgerows, trees or shrubs, brambles, ivy and other climbing plants or works to or demolition of buildings or structures that may be used by breeding birds, shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason
To protect species protected by law.
21
Works which include the creation of trenches or culverts or the presence of pipes shall include measures to protect badgers from being trapped in open excavations and/or pipes and culverts as stated in the ecology report [Section 4.5.1.3.; Preliminary Ecological Appraisal and Biodiversity Net Gain Assessment, Quants Environmental, February 2024] These measures may include:
a) Creation of a sloping escape ramp for badgers which may be achieved by edge profiling of trenches/excavations or by using plans placed into them at the end of each working day;
b) Chemicals should be stored in secure compounds;
c) Open pipes should be temporarily capped at the end of each working day to prevent any animals gaining access;
d) In the unlikely event that a suspected badger sett is found within or adjacent to the site in the future any work within 30 metres of the suspected badger sett must stop immediately and advice sought from a suitably qualified ecologist.
Reason
To protect species protected by law.
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.
Noise Attenuation and Amenity
23
All noise mitigation measures as detailed in Section 4.2 (Scheme of Sound Attenuation) and Table 4.1 (Required Sound Reduction of Façade Elements) of the Noise Impact Assessment by Environmental Noise Solutions Limited, dated 19th June 2025 (Ref: NIA-11855-25-12095-v1 Haugh Road, Rawmarsh) shall be implemented in full prior to first occupation.
Reason
To safeguard the amenities of future occupiers in accordance Policy SP52 ‘Control of Pollution.’
24
Prior to first occupation, all gardens fronting towards the A633/Haugh Road, High Street and Greasbrough Lane shall be enclosed with 2m high solid timber fences or equivalent (e.g. solid masonry walls with a minimum mass per unit area of = 10 kg/m2), as detailed in Section 4.3 (External Amenity) and Appendix 3 (Proposed Boundary Screening) of the Noise Impact Assessment by Environmental Noise Solutions Limited, dated 19th June 2025 (Ref: NIA-11855 25-12095-v1 Haugh Road, Rawmarsh). The fence shall be maintained in good order throughout the duration of the consent so as to ensure its continued effectiveness.
Reason:
To safeguard the amenities of the occupiers of the proposed development in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
Archaeology
25
Part A (pre-commencement)
No development, including any demolition and groundworks, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of
Investigation (WSI) that sets out a strategy for archaeological investigation and this has been approved in writing by the Local Planning Authority. The WSI shall include:
• The programme and method of site investigation and recording.
• The requirement to seek preservation in situ of identified features of importance.
• The programme for post-investigation assessment.
• The provision to be made for analysis and reporting.
• The provision to be made for publication and dissemination of the results.
• The provision to be made for deposition of the archive created.
• Nomination of a competent person/persons or organisation to undertake the works.
• The timetable for completion of all site investigation and post-investigation works.
Part B (pre-occupation/use)
Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason:
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
Boundary Treatment
26
Prior to the occupation of the dwelling hereby approved details shall be submitted to and approved in writing by the Local Planning Authority showing a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwellings are occupied.
Reason
In the interests of neighbouring amenity.
Trees
27
Prior to the commencement of development evidence shall be submitted to the Local Planning Authority that the development shall take place in accordance with the approved Arboricultural Method Statement and Tree Protection Plan. This shall include a written record of the project arboriculturalist and site visits and set of photos detailing the tree protection fencing. The approved tree protection fencing shall be retained throughout the duration of the development.
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 in
accordance with Rotherham’s Core Strategy Policies CS3: Location of New
Development, CS19Green Infrastructure, CS20 Biodiversity and Geodiversity,
Policy CS21 Landscape, CS28 Sustainable Design.
Informatives
01
Biodiversity Net Gain
Please note that Informative 1 relates to Biodiversity Net Gain, and notes that this permission 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 Informative adds that 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).
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.
(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
Highways
This relates to condition 11. You will appreciate that these works will require an Agreement under S278 Highways Act, 1980 and involve the provision of new vehicle access and the reinstatement of part of the kerbline fronting Haugh Road. Contact with my colleague David Phillips should be made to commence the legal agreement in good time, using the email address david.phillips@rotherham.gov.uk
INF40 – Highways Conditions(s)
Please note that the Local Planning Authority will not discharge Condition 7 and 11 until the required works have received full technical approval from the Highway Authority. Applicants are therefore advised not to submit any application for the discharge of these conditions until written confirmation of technical approval has been issued by the Highway Authority.
03
Environmental Health
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.
04
Drainage Informatives:
In order to discharge Drainage Conditions, the applicant is advised that they would be expected to submit information including but not limited to the following:
Surface water drainage plans should include the following:
Flood resilience should be duly considered in the design of the new building/s or renovation. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BRE Good Building Guide 84.
Rainwater pipes, gullies and drainage channels including cover levels.
? Inspection chambers, manholes and silt traps including cover and invert levels.
? Pipe sizes, pipe materials, gradients and flow directions.
? Soakaways, including size and material.
? Typical inspection chamber / soakaway / silt trap and SW attenuation details.
? Site ground levels and finished floor levels
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.
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.
If infiltration systems are to be used for surface water disposal, the following information must be provided:
• Ground percolation tests to BRE 365.
• Ground water levels records. Minimum 1m clearance from maximum seasonal groundwater level to base of infiltration compound. This should include assessment of relevant groundwater borehole records, maps and on-site monitoring in wells.
• Soil / rock descriptions in accordance with BS EN ISO 14688-1:2002 or BS EN ISO 14689-1:2003
• Volume design calculations to 1-in 100-year rainfall + 40% climate change standard. An appropriate factor of safety should be applied to the design in accordance with CIRIA C753 – Table 25.2.
• Location plans indicating position (Soakaways serving more than one property must be located in an accessible position for maintenance). Soakaways should not be used within 5m of buildings or the highway or any other structure.
• Drawing details including sizes and material.
• Details of a sedimentation chamber (silt trap) upstream of the inlet should be included.
Soakaway detailed design guidance is given in CIRIA Report 753, CIRIA Report 156 and BRE Digest 365.
All Micro Drainage calculations and results must be submitted in .MDX format, to the LPA. (Other methods of drainage calculations are acceptable)
If the development is proposing to make a new highway drainage connection to an existing highway drainage system, detailed CCTV surveys and modelling of the existing highway drainage system will be required to determine the capability to accept additional flow. Discharge will be limited to greenfield run-off rates.
Any SuDS/Drainage system installed must not be at the detriment to the receiving watercourse or ground (infiltration), so manging the quality of the run-off to must be incorporated into any design in accordance with CIRIA 753 The SuDS Manual
The design of flow control devices should, wherever practicable, include the following features:
a) Flow controls may be static (such as vortex flow controls or fixed orifice plates) or variable (such as pistons or slide valves);
b) Controls should have a minimum opening size of 100 mm chamber, or equivalent;
c) A bypass should be included with a surface operated penstock or valve; and
d) Access should be provided to the upstream and downstream sections of a flow control device to allow maintenance.
5. For major developments, the LPA is required to ensure there are suitable ongoing maintenance arrangements over the lifetime of the development (see NPPF paragraph 169, page 48).
Options for SuDS adoption and maintenance include:
a) Adoption by Water and Sewerage Company (WSC) - The developer may enter into a section 104 agreement (Water Industry Act 1991) with the local WSC.
b) Private Maintenance Arrangement.
Provide all drainage management and maintenance plans for the lifetime of the development, which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime (e.g. signed Section 104 agreement.
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.
05
Ecology Informative:
If a bat or evidence of bats using a feature on site is discovered prior to or during development all work should stop immediately. A licensed bat consultant or Natural England must be contacted and works implemented only in accordance with methods advised by them. This advice note should be provided to any persons/contractors carrying out the development along with the contact details of a relevant ecological consultant.
In terms of discharging condition 21 this should include the below (where appropriate for the development):
• 3 bird box integrated into the building on a northerly aspect/orientation (north, north-east and north-west). Example specification includes the Schwegler Brick Box Type 24, Woodstone Sparrow Nest Box or an equivalent suitable for tits, sparrows or starlings. The boxes should be located between two to four metres high, ideally at the gable apex or at eaves. The box can be installed flush with the outside wall and can be rendered or covered so that only the entrance hole is visible.
• 3 swift bricks integrate into the building on any elevation but ideally under shadecasting eaves. They should be installed in groups of three, at a height above 5m and preferably with a 5m clearance between the host building and other buildings or obstructions. Swift bricks should be used unless these are not practical due to the nature of construction, in which case alternative designs of suitable swift boxes should be provided in their place. Example specification includes the Manthrope ‘GSWB’ Swift brick or the Vivara Pro Cambridge Brick Faced Swift Nest Box. Alternatively, RSPB Swift Box may be more suitable for the development.
• 3 bat boxes should be integrated into buildings on a southerly aspect / orientation(south, south west, and south-east). Boxes should be located a minimum of 2 metres, but ideally 5-7 metres above ground, in a position near the eaves or gable apex. Placement should avoid windows, doors and wall climbing plants.
• Hedgehog holes between any fencing, railings, wall and gates to ensure the development is permeable to hedgehogs. These can be created by 13cmX13cm holes at ground level within fences or by leaving a sufficient gap beneath gates and/or leaving brick spaces at the base of brick walls. To ensure holes are kept open ‘Hedgehog Highway’ signage should be provided and secured above the holes.
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.
General Informative for Protected Species
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.
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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