| Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing planning conditions that require particular matters to be approved before development can start. Condition number 22 of this permission requires matters to be approved before development works begin; however, in this instance the condition is justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition number 22 is fundamental to the acceptability of the development and the nature of the further information required to satisfy this condition is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans –
• EC-41-01 - Location Plan
• EC-41-20D - Proposed Site Layout Plan
• EC-41-30F - Proposed Plans and Elevations - Plot 1
• EC-41-31D - Proposed Plans and Elevations - Plot 2
• EC-41-35C - Proposed Street scene
• EC-41-40C Proposed Fence Treatment Plan
• EC-41-50D Proposed Site Sections Sheet 1of 2
• EC-41-51E Proposed Site Sections Sheet 2 of 2
• EC-41-45(1) - Proposed Double Garage
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 to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
The boundary treatment shown on the boundary fence treatment plan EC-41-40 shall be provided on site prior to occupation of each dwelling.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
TRANSPORTATION
05
Before the development is brought into use the sight lines indicated on the approved site layout plan shall be rendered effective by removing or reducing the height of anything existing on the land between the sight line and the highway which obstructs visibility at any height greater than 900mm above the level of the nearside channel of the adjacent carriageway and the visibility thus provided shall be maintained.
Reason
In the interest 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 and in accordance with Local Plan policies
07
The vehicular access drive shall not exceed a gradient of 10% (1 in 10)
Reason
In the interest of highway safety
ENVIRONMENT
08
Before each dwelling is occupied an electric vehicle charging point shall be provided for each dwelling and retained for use in perpetuity.
Reason
In order to promote sustainable transport choices.
09
Prior to above ground works commencing and following demolition of Charnwood house, a Phase II Intrusive Site Investigation shall be undertaken to assess the geotechnical and geo- environmental constraints at the site and the ground gas regime. The works shall be undertaken in accordance with section 8.0 – Recommended Further Works, subsections 8.1 – 8.8 of the report entitled ‘Stage 1 Geo-Environmental Desk Study Report on Ashleigh, Quarry Lane, North Anston’ – prepared by ARP Geotechnical Ltd, dated 23rd December 2021, V1 Final, Report
Reference HKN/01r1. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced and will be subject to approval in writing by this Local Planning Authority.
The above should be conducted in line with the guidance document ‘Land Contamination Risk Management’ (20 July 2023) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017).
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
10
Subject to the findings of condition 09 above and prior to above ground works commencing, a Remediation Method Statement shall be provided and approved by the Local Planning Authority prior to any remediation works commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation. The approved Remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
11
If during development works unexpected significant contamination is encountered, the Local Planning Authority shall be notified in writing immediately. Any requirements for remedial works shall be submitted to and approved in writing by the Local Planning Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
12
Subject to the findings of the gas monitoring results, the following information shall be submitted to the Local Planning Authority for approval:
a) Prior to construction a Detailed Design Report for Gas Mitigation Measures shall be provided and shall be in accordance with the recommendations made by the consultant. The gas protection measures will be installed by appropriately trained and qualified personnel.
B) Post construction, a Verification Report is to be provided to confirm that the measures constructed/installed meet the required standards. Inspection reports for these will be forwarded to the Local Planning Authority for approval.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
13
If subsoil/topsoil is required to be imported to site for remedial works/garden areas, then these soils will need to be tested at a rate and frequency to be agreed with the Local Planning Authority to ensure they are free from contamination.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
14
Following completion of any identified remedial works a Validation Report shall be submitted and approved by the Local Planning Authority. The Validation Report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the Validation Report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all validation data has been approved by the Local Authority.
Reasons
To ensure the safe occupation of the site in accordance with Policy SP54 of the
Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
15
Except in case of emergency, no operations shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall be no working on Sundays or Public Holidays. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Local Planning Authority shall be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote
sustainable development in accordance with Local Plan Policy SP52 and the NPPF.
16
All machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in British Standard 5228 Code of Practice: 'Noise Control on Construction and Open Sites’.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote
sustainable development in accordance with Local Plan Policy SP52 and the NPPF.
17
At all times during the carrying out of operations authorised or required under this
permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote
sustainable development in accordance with Local Plan Policy SP52 and the NPPF.
18
Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote
sustainable development in accordance with Local Plan Policy SP52 and the NPPF.
DRAINAGE
19
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.
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
20
No removal of hedgerows, trees, shrubs, brambles, ivy 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 enhance biodiversity at the site.
21
The development shall be completed in accordance with the recommendations in Section 6.5 of the Ashleigh, North Anston Preliminary Ecological Appraisal, dated 10/10/24 prepared by Middleton Bell Ecology. All the recommendations shall be implemented in full according to the specified timescales, unless otherwise agreed in writing by the Local Planning Authroity, and thereafter permanently retained.
See Figure 4, page 23 of (Middleton Bell 2024) for enhancement locations.
Reason
To enhance biodiversity at the site.
TREES AND LANDSCAPING
22
Notwithstanding the submitted information no operations (including initial site clearance) shall commence on site in connection with development hereby approved until a suitable scheme (Arboricultural Method Statement) for the protection of existing trees has been submitted and its installation on site has been approved in writing by the Local Planning Authority. This should not include the felling of T31.
All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following:
• Full survey of all trees on site and those within influencing distance on adjacent sites in accordance with BS5837*, with tree works proposals. All trees must be plotted on a scaled site plan**, clearly and accurately depicting trunk locations, root protection areas and canopy spreads. (Provided)
• A plan** detailing all trees and hedgerows planned for retention and removal.
• A schedule of tree works for all the retained trees and hedges specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998.
• Timing and phasing of works
• Site specific demolition and hard surface removal specifications
• Site specific construction specifications in connection with no-dig construction methods.
• Access arrangements and car parking
• Level changes
• A Tree protection plan** in accordance with BS5837* detailing all methods of protection, including but not restricted to: locations of construction exclusion zones, root protection areas, fit for purpose fencing and ground protection, service routes, works access space, material/machinery/waste storage and permanent & temporary hard surfaces.
• Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones.
• Details of the arboricultural supervision schedule.
All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
*Using the most recent revision the of the Standard
** Plans must be of a minimum scale of 1:200 (unless otherwise agreed by the Local Planning Authority)
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, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
23
Before the development is brought into use, a Landscape scheme, showing location and types of landscape treatment and including mitigation tree planting of 10 trees, shall be submitted for approval by the Local Planning Authority. The Landscape scheme should be prepared in accordance with RMBC Landscape Design Guide (April 2014) and shall be implemented in the next available planting season and maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity and in accordance with Local Plan Policies.
OTHER
24
The dwelling hereby approved shall be constructed as a self-build/custom build property, as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015. The dwelling shall only be occupied as a self-build/custom build dwelling in accordance with Section 1(A1) of the Self-build and Custom Housebuilding Act 2015 for a period of at least 3 years from date of the first occupation of the dwelling.
In the event that the dwelling is not built and occupied for a minimum 3 years as a self- build/custom build property, a biodiversity net gain plan shall be submitted to and approved by the Local Planning Authority. The biodiversity net gain plan shall be implemented in accordance with the approved details.
Reason
Exemption from biodiversity net gain has been obtained because the dwelling is a self-build/custom build property.
Informatives
01
BNG
This development is not subject to the statutory Biodiversity Gain Plan condition because of the declaration on the application form that the development was exempt, reason below -
• Consists exclusively of dwellings that are self-build or custom housebuilding as
defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015
02
Invasive species
Invasive Wall Cotoneaster spp. (Cotoneaster horizontalis) is present onsite.
Reasonable avoidance should be taken to ensure no transfer of plant matter occurs
across construction working areas. Plant matter should be disposed of appropriately.
03
This permission does not grant permission for the removal of T31 which is protected by a Tree Preservation Order.
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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