| 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
This permission shall be valid for a period of 5 years from the date of this permission and at the end of that period the use hereby permitted shall cease and the site restored in a manner to be agreed with the Local Planning Authority.
Reason
So as not to prejudice the long term development proposals for the area.
03
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)
(Drawing numbers location plan, revised site plan revised site plan MS/97/24 - Rev 03, elevations and Floor Plans MS/97/24 - Rev 02)(received 28/03/25 and 14/05/25).
Reason
To define the permission and for the avoidance of doubt.
04
The fencing and gates (weldmesh design as shown on approved plan revised site plan MS/97/24 - Rev 02) shall be powder coated black.
Reason
In the interests of visual amenity of the surroundings.
Hours of Operation
05
The use hereby approved shall only operate between the following hours:
• 08:00 – 20:00 Mondays to Saturdays.
• 10:00 – 18:00hrs on Sundays and Bank Holidays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and part 15 of the NPPF.
Highways
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 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.
07
Before the development is brought into use the car parking area shown on the submitted plan (revised site plan MS/97/24 - Rev 02) shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interests of highway safety.
08
All gates shall be hung so as not to encroach into the highway when open or being
opened.
Reason
In the interests of highway safety.
09
No noise generating fixed plant including mechanical ventilation, air conditioning/refrigeration compressor units or extraction plant shall be installed in any part of the development.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and part 15 of the NPPF.
Environmental Health – Floodlighting
10
No external artificial flood lighting shall be installed on any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include the following information:
• The proposed hours of operation of the floodlighting.
• The location and specification of all of the luminaires.
• The proposed design level of maintained average horizontal illuminance for the areas that needs to be illuminated.
• The predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity.
• The measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site.
• The methods of switching and controlling the lighting so that it is only operated at the permitted times and at times when it is required.
Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with part 12 and 15 of the NPPF and RMBC Policy SP52.
Yorkshire Water
11
No construction works in the relevant area(s) of the site shall commence until measures to protect the public water supply infrastructure that is laid within the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority. The details shall include but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times.
Reason
In the interest of public health and maintaining the public water supply.
12
No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.
Reason
To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network.
Informatives
Biodiversity Net Gain
01
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
The applicant is reminded that the proposal now omits the spray booth as indicated on the revised application description.
Yorkshire Water
03
All excavation works near to YW apparatus should be by hand digging only.
a.) Backfilling with a suitable material to a minimum 300mm above YW apparatus is required.
b.) Jointing chambers, lighting columns and other structures must be installed in such a way that future repair or maintenance works to YW apparatus will not be hindered.
c.) Apparatus such as railings, sign posts, etc. must not be placed in such a way that they prevent access to or full operation of controlling valves, hydrants or similar apparatus. Chamber lids must not be buried or covered.
d.) Vibrating plant should not be used directly over any apparatus.
e.) Under no circumstances should thrust boring or similar trenchless techniques
commence until the actual position of YW’s mains and services along the proposed route have been confirmed by trial holes.
f.) Impact piling must not take place within 10m of YW apparatus. Core drilling must not take place within 5m of YW apparatus.
g.) Any alterations to the highway should be notified in accordance with the procedures outlined in the New Roads and Street Works Act 1991 Code of Practice; Measures Necessary Where Apparatus Is Affected By Major Works (Diversionary Works).
h.) Any damage caused or observed to YWS apparatus must be immediately reported to YWS by telephoning 0845 124 24 24 for water and 0845 124 24 29 for sewerage.
1.) On the Statutory Sewer Map, there is a 150mmmm diameter public combined water sewer recorded to cross the site. It is essential that the presence of this infrastructure is taken into account in the design of the scheme.
a.) It may not be acceptable to raise or lower ground levels over the sewer and we will not accept any inspection chambers on the sewer to be built over.
b.) In this instance, Yorkshire Water would look for this matter to be controlled (by
Requirement H4 of the Building Regulations 2010).
2.) It is noted from the submitted planning application that surface water is proposed to be drained to soakaway - Yorkshire Water fully endorse this means of surface water disposal.
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant did not enter into any formal pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and following clarifications and amended information did not require any further alterations or modification.
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