| 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) except as shall be otherwise agreed in writing by the Local Planning Authority.
Drawing numbers A 24-XX-001/002/004/005
(received 11/11/2024)
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 or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. 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
No development will take place (including any ground works, site, or vegetation
clearance), until Landscape and Ecological Management Plan (LEMP) has been
submitted to and approved in writing by the local planning authority addressing:
1. Creation and enhancement of habitats in accordance with the Biodiversity Gain Plan
2. Management of onsite habitats to achieve biodiversity net gain in accordance with the Biodiversity Gain Plan
The LEMP will include the following:
a) Purpose and conservation objectives for the proposed ecological design
works.
b) Detailed design(s) to achieve stated objectives.
c) Extent and location/area of proposed works on appropriate scale maps and
plans.
d) Type and source of materials to be used where appropriate, e.g. native
species of local provenance.
e) Timetable for implementation, including the planting of the screening
hedgerow prior to first use of the development.
f) Persons responsible for implementing the works.
g) Details of initial aftercare.
h) Aims and objectives of management.
i) Prescriptions for management actions.
j) Preparation of a work schedule (including an annual work plan capable of
being rolled forward over a five-year period)
k) Habitat monitoring provisions.
l) Details of the individual, body or organisation(s) responsible for
implementation of the plan.
The development will be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.
Reason
In the interest of ecology improvements.
05
Prior to the commencement of development, the applicant shall submit the following for approval of the Local Planning Authority.
a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity, and;
b) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is safe and stable for the development proposed.
The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance and the approval of the Local Planning Authority.
Reason
In the interests of ground stability.
06
Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.
Reason
In the interests of ground stability.
07
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
In the interests of highway safety and sustainable drainage.
08
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interest of the safe and effective use of the car park hereby approved.
09
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.
10
Prior to the use of the building hereby approved coming into use, details of vehicle charging points in accordance with the Council’s Standards, shall be provided for approval by the Local Planning Authority. The development shall proceed in accordance with the approved details.
Reason
In the interests of air quality.
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 04 & 05 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 04 & 05 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.’
Informative
01
Biodiversity Net Gain
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.
This permission will require the submission and approval of a Biodiversity Gain Plan
before development is begun.
For guidance on the contents of the Biodiversity Gain Plan that must be submitted and
agreed by the Council prior to the commencement of the consented development please see the link: Submit a biodiversity gain plan - GOV.UK (www.gov.uk)
02
Highway Informative
In order to discharge Condition 09 the sustainable transport scheme could take the form of providing leaflets / website links / information of public transport links, given to potential clients enquiring about booking the facility.
In order to discharge Condition 10 details of the Council’s Electric Vehicle charging standards can be found at the following link: https://www.rotherham.gov.uk/downloads/file/1783/spd2-air-quality-emissions-june-2020-
03
Drainage Informative
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.
Developments should have floor levels set higher than the recorded flood level or a minimum of 300mm above proposed ground level.
The applicant should provide a Flood Evacuation Plan which outlines:
• The flood warning procedure.
• A safe point of extraction.
• How users can safely evacuate the site upon receipt of a flood warning.
• The areas of responsibility for those participating in the plan.
• The procedures for implementing the Plan.
• How users will be made aware of the flood risk.
• How users will be made aware of flood resilience.
• Who will update the flood evacuation plan?
Further advice can be obtained with regards to how to prepare a flood plan and what the EA flood warnings mean at https://flood-warning-information.service.gov.uk/warnings
Surface water drainage plans should include the following:
? 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.
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
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.
Positive and Proactive Statement
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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