| Conditions / Reason for Refusal: |
General
01
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:
ROT-ALA-Z4-ZZ-D-L-0010 Revision P01 – Site Plan
ROT-ALA-Z4-ZZ-D-L-011 Revision P01 – Site Location Plan
ROT-NIE-ZZ-00-DR-A-1010 Revision P06 – GA GF Plan (1/2)
ROT-NIE-ZZ-00-DR-A-1011 Revision P04 – GA GF Plan (2/2)
ROT-NIE-ZZ-01-DR-A-1012 Revision: P06 – GA FF Plan (1/ 2)
ROT-NIE-ZZ-01-DR-A-1013 Revision: P05 – GA FF Plan (2/2)
ROT-NIE-ZZ-02-DR-A-1014 Revision: P05 – GA SF Plan (1/2)
ROT-NIE-ZZ-01-DR-A-1015 Revision: P05 – GA SF Plan (2/2)
ROT-NIE-ZZ-02-DR-A-1016 Revision: P08 – GA Roof Plan (1 2)
ROT-NIE-ZZ-01-DR-A-1017 Revision: P06 – GA Roof Plan (2/2)
ROT-NIE-ZZ-02-DR-A-1000 Revision: P03 – Proposed Substation
ROT-NIE-ZZ-01-DR-A-1020 Revision: P07 – Prop Eles (1/2)
ROT-NIE-ZZ-01-DR-A-1021 Revision: P08 – Prop Eles (2/2)
ROT-NIE-ZZ-ZZ-DR-A-1030 Revision: P06 – Prop Building Sections (1/2)
ROT-NIE-ZZ-ZZ-DR-A-1031 Revision: P06 – Prop Building Sections (2/2)
ROT-ALA-Z4-ZZ-D-L-0002 Revision P004 – Indicative Landscape Plan
Reason
To define the permission and for the avoidance of doubt.
02
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.
ROT-NIE-ZZ-02-DR-A-1000 Revision: P03 – Proposed Substation
ROT-NIE-ZZ-01-DR-A-1020 Revision: P07 – Prop Eles (1/2)
ROT-NIE-ZZ-01-DR-A-1021 Revision: P08 – Prop Eles (2/2)
ROT-NIE-ZZ-02-DR-A-1016 Revision: P08 – GA Roof Plan (1 2)
ROT-NIE-ZZ-01-DR-A-1017 Revision: P06 – GA Roof Plan (2/2)
The development shall thereafter be carried out in accordance with these details, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Construction Management Plan
03
The construction phase of the development shall be carried out in accordance with the requirements set out within the Construction Environment Management Plan (CEMP) submitted and approved by RB2024/0093.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Landscapes
04
Prior to commencement of development above ground level, a detailed landscape scheme based on the illustrative plan (ref: ROT-ALA-Z4-ZZ-D-L-0002 - P04) 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.
• The positions, design, materials and type of any street furniture 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 an implementation timetable agreed in writing with the Local Planning Authority. Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. An assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
05
Prior to the installation of any public art and / or decorative boundary railings / panels, details shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented within a timeframe to be agreed with the Local Planning Authority and shall thereafter be maintained.
Reason
In the interests of visual amenity.
BREAAM
06
The development shall be constructed in accordance with BREEAM Tracker submitted and approved by RB2023/0966.
Reason
To achieve a sustainable form of development in accordance with Policy SP57 ‘Sustainable Construction’ and the NPPF.
Amenity
07
Prior to the building being brought into use, an Odour Impact Assessment Report shall be submitted in writing to the Local Planning Authority. The report shall:
• Determine the potential of adverse impact on neighbouring premises from the odours associated with the proposed extract equipment
• Detail the necessary odour mitigation measures that are required to ensure the occupiers of the nearby sensitive premises are not adversely affected by odours associated with the proposed extraction equipment.
• Details of an odour abatement system should include; positioning and design of extraction equipment; manufacturers details of the equipment proposed including odour abatement techniques; odour dispersion modelling as necessary to predict impact at sensitive receptors; detailed plans of the odour abatement system including external location of flues and ventilation termination points.
If odour levels predicted in the report are unacceptable, it may be necessary to refuse the application. Otherwise, it may be necessary to specify mitigation measures as conditions of consent.
Reason
To safeguard the amenities of the occupiers of nearby properties.
08
No noise generating plant including mechanical ventilation, refrigeration, air conditioning/air handling and extraction plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The details shall include a BS4142:2014 noise assessment and 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to avoid any significant adverse impact on surrounding noise sensitive premises.
Reason
To safeguard the amenities of the occupiers of nearby properties.
Land Contamination
09
In the event that during development works unexpected significant contamination is encountered at any stage of the process, 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. This is to ensure the development will be suitable for use and that identified contamination will not present significant risks to human health or the environment.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
Waste Management
10
The development shall be carried out in accordance with the Waste Management Plan and Recycling Strategy submitted and approved by RB2023/0966.
Reason
To ensure appropriate waste management facilities are provided to accommodate all waste generated by the proposed development in line with the Barnsley, Doncaster and Rotherham Joint Waste Management Plan.
Drainage
11
The development shall be carried out in accordance with the details shown on the submitted plan, 'Rotherham Markets & Rotherham Library Combined Drainage Design and Strategy Report' 0993/IR/R0993-005 (issue 1) prepared by Sanderson Watts Associates, dated 19/11/2021’, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage.
12
The development shall be carried out in accordance with the details contained within the submitted Flood Risk Assessment R0993-006 (issue 1), prepared by Sanderson Watts Associates, dated 15/08/2022, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of flood risk and to ensure the site and other sites are not flooded by the development.
13
The drainage details set out in drawings ROT-ACE-Z2-ZZ-DR-C-1002 P3 and ROT-ACE-Z2-ZZ-DR-C-1001 P4 submitted and approved by RB2023/0966 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 development being brought into use.
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.
Local Labour Agreement (operational Phase)
15
Prior to the operational use of the land/building(s) hereby approved, a Local Labour Agreement outlining measures to be taken to employ local workers for the operational phase of the development shall be submitted to and approved in writing by the Local Planning Authority. The scope of the Agreement shall be agreed in writing prior to submission of the formal document. The development shall thereafter be carried out in accordance with the approved details.
Reason
To improve skills in all of Rotherham’s communities through the promotion of access to training, education and local employment opportunities, in accordance with Policy CS10 ‘Improving Skills and Employment Opportunities’.
Informative(s)
01
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 up
on 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.
02
The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required.
03
The applicant should note that the development cannot commence until a ‘Stopping Up Order’ under S247 of the Town and Country Planning Act 1990 has been granted by the National Transport Casework team (National Transport Casework team Manager, Department for Transport, Tyneside House, Skinnerburn Road, Newcastle Business Park, Newcastle upon Tyne, NE4 7AR. Tel: 0191 2034301).
04
The South Yorkshire Police Architectural Liaison Officer has recommended that the development be built to Secured by Design standards. www.securedbydesign.com They have recommended the following:
• Lighting
o The entrances into the development should be well lit and offer as much natural surveillance to the street scene as possible, to standard BS 5489, as should stairwells and lift lobbies.
o The public realm spaces should also be well lit, to avoid any dark areas or shadowing.
o Care must be taken when planting trees that they do not hinder lighting or CCTV columns.
• Security of Building
o All entrance doors/fire exits and windows into the development should comply with Secured by Design standards.
o All entrance and exits should be well monitored with CCTV.
o Care must be taken to use Vehicle Mitigation solutions to limit access near the development, especially where a vehicle could pick up speed.
• Basement Parking
o This should be for prior approved parking only and a quick release access controlled shutter must be used.
o Access from the car park into the buildings should be access controlled.
o It should be well lit with no dark areas.
• Security of Public Realm – Eastwood Gardens
o This area will be reliant on a well-designed lighting and CCTV scheme.
o Consideration should be given to the landscape design too, to maintain good sightlines and surveillance opportunities across this area.
o Trees should not mask any lighting or CCTV Columns.
o A good management and maintenance scheme will be required, to keep it looking clean and tidy.
o All street furniture fitted into the new public realm should be sufficiently grounded as to prevent its easy removal or destruction.
o This area is quite vulnerable as it sits next to a road. The gardens must be safe from vehicles, consideration should be given as to the boundary treatment and vehicle mitigation possibilities.
• The Markets
o The layout must have clear sightlines and users must feel comfortable that there are no blind corners. The CCTV system must be able to see every part of the Market and have no blind spots.
o There are trees shown on the plans, which will mask cameras and lighting columns. I think a low planting scheme would be more beneficial, kept below 1m high.
05
Yorkshire Water have provided the following advice:
• On the Statutory Sewer Map, there are 150mm, 225mm, 300mm, 1050mm combined sewers mm 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.
• It is noted from the application that soft landscaping is proposed close to existing the public sewer network. Care should be taken during construction, with adequate protection measures to protect public infrastructure. There should be no new tree / shrub planting within 5 metres of any public sewer assets.
• The developer needs to ensure adequate protection of clean water infrastructure during the development phase.
• The applicant would need to pay for diversion cost (where appropriate) and any abandonment that's required to facilitate the development based on ‘block plan’.
06
With regard to condition 07 (Odour Impact Assessment Report), the report must be carried out by competent person/s and in line with current best practice and guidance. Applicants are referred to guidance provided by IAQM: Guidance on the Assessment of Odour for Planning (version 1.1 July. 2018). Useful guidance is provided by DEFRA – Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems (2005). (This guidance was officially withdrawn in 2017 but remains a useful reference point).
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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