| Conditions / Reason for Refusal: |
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below)
14314-2112-LP Location Plan
14314-2112-BP Block Plan
14314-2112-200 Existing Site Layout
14314-2112-201 Rev A Proposed Site Layout
14314-2112-202 Existing Sales Building Floorplan
14314-2112-203 Existing Sales Building Elevations
14314-2112-204 Proposed Sales Building Floorplan
14314-2112-205 Proposed Sales Building Elevations
received 02.12.24 and 14.04.25).
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 nos (14314-2112-204 Proposed Sales Building Floorplan, 14314-2112-205 Proposed Sales Building Elevations). The development shall thereafter be carried out in accordance with these details.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Core Strategy CS28 ‘Sustainable Design.
04
Before the development is brought into use the car parking area shown on the approved plan (ref 14314-2112-201 Rev A Proposed Site Layout) 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.
05
The approved Landscape scheme as indicated on Dwg (Proposed Site Layout ref 14314-2112-201 and prepared by MBH along with the Tree Survey/ Arboricultural Impact Assessment prepared by Alltree Consultancy 801083) shall be implemented in accordance with RMBC Landscape Design Guide (April 2014) in the next available planting season following the commencement of the development 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.
06
The Biodiversity Gain Plan shall be prepared in accordance with the [submitted Proposed Site Layout ref 14314-2112-201 Rev A and prepared by MBH along with the Tree Survey/ Arboricultural Impact Assessment prepared by Alltree Consultancy 801083].
Reason
To ensure that Biodiversity Net Gain 10% can be achieved.
Informatives
01
Biodiversity Net Gain
Unless an exception or a transitional arrangement applies, 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
Positive and Proactive Statement
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority for this development, the proposals were in accordance with the principles of the National Planning Policy Framework and following the submission of a Sequential Test which covered the policy justification and clarifications to the landscaping layout did not require any further alterations or modification.
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