| Conditions / Reason for Refusal: |
01
The development hereby permitted shall be commenced before the expiration of
three years from the date of the original permission which is 25th July 2027.
Reason
In order to comply with the requirements of the Town and Country Planning Act
1990 and the original permission.
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 –
• Location Plan 2104-JSA-XX-XX-DR-A-01001 Rev P1
• Proposed Detailed Site Plan 2104-JSA-XX-XX-DR-A-02001 Rev P11
• Proposed Ground Floor GA Plan 2104-JSA-XX-00-DR-A-02001 Rev P10
• Proposed First Floor GA Plan 2104-JSA-XX-01-DR-A-02002 Rev P10
• Proposed Second Floor GA Plan 2104-JSA-XX-02-DR-A-02003 Rev P10
• Proposed Third Floor - Roof GA Plan 2104-JSA-XX-03-DR-A-02004 Rev P9
• Proposed GA Elevations 2104-JSA-XX-XX-DR-A-04001 Rev P9
• Proposed GA Sections 2104-JSA-XX-XX-DR-A-03001 Rev P8
• Proposed Hard landscape Proposals SF 3408 LL02 Rev B
• Proposed Soft Landscaping Proposals SF 3408 LL01 Rev D
Reason
To define the permission and for the avoidance of doubt.
03
Prior to the commencement of any above ground development details of the
materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted 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 and in accordance with Local Plan Policy CS28 Sustainable Design.
04
Prior to the commencement of any above ground development details of the materials and elevational treatment of the substation and cycle parking facilities
shall be submitted to 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 they are appropriate in the interests of visual amenity and in
accordance with Local Plan Policy CS28 Sustainable Design.
05
The security fence shall be provided in accordance with the details approved in DOC application RB2024/1391.
Reason
To ensure that appropriate fencing is used in the construction of the development in
the interests of visual amenity and in accordance with Local Plan Policy CS28
Sustainable Design
TRANSPORTATION
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
In the interest of Highway Safety
07
Before the development is brought into use the car parking area shown on approved
site plan shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interest of Highway Safety
08
Road sections, constructional and drainage details shall be implemented as approved in DOC application RB2024/1391.
Reason
In the interest of Highway Safety
09
Before the proposed development is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a time bound programme of implementation, monitoring and regular review and improvement. The
Local Planning Authority shall be informed of and give prior approval in writing to
any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as time tabled in the programme of
implementation.
Reason
In the interest of Highway Safety
10
The Construction Traffic Management Plan approved in DOC application RB2024/1391 shall be adhered to throughout the construction period.
Reason
In the interest of Highway Safety
DRAINAGE
11
The development shall be carried out in accordance with the details shown on the
submitted plan, Flood Risk Assessment' 47262-0002 (issue 1) prepared by
Eastwood, dated 27/0/23, unless otherwise agreed in writing with the Local
Planning Authority.
Reason
In the interest of satisfactory and sustainable drainage.
12
Prior to the commencement of any above ground development details of the foul &
surface water 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 Local Plan Policy CS25.
13
Unless otherwise approved in writing by the Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of
the approved surface water drainage works and no buildings shall be occupied or
brought into use prior to completion of the approved foul drainage works.
Reason
To ensure that no foul or surface water discharge take place until proper provision
has been made for their disposal in accordance with Local Plan Policy CS24.
AMENITY
14
Noise from all fixed mechanical services and fixed plant shall be effectively
controlled so that the combined rating level of noise from all such equipment shall
be 5dB below the existing background sound level at any time when measured
outside noise sensitive receptors at Mitchell Way and Sorby Row, Catcliffe,
Rotherham. ‘Rating Level’ and ‘Background Sound Level’ are as defined in BS
4142:2014+A1:2019.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with Local Plan Policy SP52 and the NPPF.
LANDSCAPE
15
Landscaping of the site as shown on the approved plan (Smeedon Foreman
drawing no. SF3408 LL01 Revision D) shall be carried out during the first available
planting season after commencement of the development and thereafter maintained
for the lifetime of the development.
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. 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 and in accordance with Policies CS19 Green Infrastructure and
SP32 Green Infrastructure and Landscape.
LAND CONTAMINATION
16
Further additional soil sampling and testing within the area of trial pit TP09 will be
required to delineate the identified lead affected area to facilitate its removal from
site. These works shall be undertaken in accordance with the remedial
recommendations detailed within the report entitled ‘Remediation Implementation
Plan – Vulcan, Brindley Way, Rotherham’ - prepared by Eastwood Consulting
Engineers, dated 11th January 2024, reference 47260-ECE-XX-XX-RP-C-0006. The
findings of these further works and the remedial actions undertaken will be reported
within a Verification Report
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and the National Planning Policy Framework.
17
Prior to the commencement of above ground development, a Detailed Design Report for Gas Mitigation Measures to include details of the identified gas protection
measures required, complete with drawings to show how the gas protection
measures will fit into the overall building designs shall be submitted to and approved
by the Local Planning Authority. The approved details shall be implemented within
the development.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and the National Planning Policy Framework.
18
Installation of the gas protection measures shall be submitted and verified in
accordance with the approved Detailed Design Report for Gas Mitigation Measures
and a Verification Report shall be submitted and approved by the Local Planning
Authority.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and the National Planning Policy Framework.
19
Due to elevated sulphate concentrations being detected, buried concrete for the site
should be designed to a design sulphate classification of DS-3 for made ground,
with a corresponding ACEC class of AC-3. The design sulphate classification used
will be evidenced within a letter/report for the site.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and the National Planning Policy Framework.
20
Prior to above ground works commencing, suitable water supply pipes will need to
be specified and approved in writing by the Local Planning Authority to ensure
resistance from chemical attack from residual contaminants remaining within the
made ground. The use of the approved water supply pipe will need evidencing
within a letter/report for the site.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and the National Planning Policy Framework.
21
In the event that 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. 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 the safe occupation of the site in accordance with Local Plan Policy SP54
and the National Planning Policy Framework.
22
Post construction, if subsoil/topsoil is required to be imported to site for areas of soft
landscaping, then these soils will need to be tested at a rate and frequency to be
agreed with the Local Authority to ensure they are free from contamination. The
results of which will need to be presented in the format of a Validation Report.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and the National Planning Policy Framework.
23
Following completion of any required remedial/ground preparation works a
Verification Report shall be submitted and approved by the Local Planning Authority
for review and comment. The Verification 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 Verification 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 verification data
has been approved by the Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54
and the National Planning Policy Framework.
ECOLOGY
24
Notwithstanding the submitted details, before above ground works commence
details of external / internal lighting shall be submitted to and approved in writing by
the Local Planning Authority. The details shall clearly demonstrate that lighting will
not cause excessive light pollution or disturb or prevent bats or other species using
key corridors, foraging habitat features or accessing roost sites. The approved
details shall be implemented on site prior to the development being brought into use.
Reason
To promote biodiversity at the site in accordance with Local Plan policy SP33
Conserving and Enhancing the Natural Environment.
25
The Biodiversity Enhancement & Management Plans (BEMPs) for each site approved in DOC application RB2024/1391 shall be implemented and shall be retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
To promote Biodiversity in accordance with Local Plan Policy SP33 Conserving and
Enhancing the Natural Environment.
ENVIRONMENTAL
26
Prior to the commencement of above ground development a BREEAM assessment
report demonstrating that the development will achieve BREEAM 'Very Good' rating
as a minimum shall be submitted to and approved, in writing, by the Local Planning
Authority. No building shall be occupied until a BREEAM certificate confirming the
scheme has achieved Very Good has been submitted to and agreed, in writing, by
the Local Planning Authority.
Reason
To achieve a sustainable form of development in accordance with Policy SP57
Sustainable Construction and the NPPF.
27
The development shall be completed in accordance with the approved electric
vehicle charging details shown on approved site plan ref: 2104-JSA-XX-XX-DR-A-02001 Ref P3 and retained in perpetuity. The development shall not be occupied
until the charging point is provided.
Reason
In the interests of sustainable development and air quality in accordance with the
Local Plan and the NPPF
COMMUNICATION
28
Prior to the commencement of above ground development details of measures to
facilitate the provision of gigabit-capable full fibre broadband for the development
hereby approved, including a timescale for implementation, shall be submitted to
and approved in writing by the Local Planning Authority. The development shall be
carried out in accordance with the approved details.
Reason
In accordance with Local Plan Policy SP61 Telecommunications and Chapter 10 of
the NPPF.
Informatives
01
The site will require a walkover by a suitably qualified ecologist prior to works commencing to determine the status of badgers within the site.
03
No removal of hedgerows, trees or shrubs 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.
04
In order to discharge Condition 12 &13 (drainage details), the applicant is advised
that they would be expected to submit information including but not limited to the
following:
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.
05
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 – the original planning application RB2023/1009 was submitted before the statutory requirement for major applications.
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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