| 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 and/or carried out before development can start. Condition numbered 11of this permission require matters to be approved and/or carried out before development works begin; however, in this instance this 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 11 are 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, or matters carried out.
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
Location Plan 71929 D00 Rev B
Site Layout Page 1 of 2 - 71929 D01(1) Rev B
Site Layout Page 2 of 2 - 71929 D01(2) Rev B
Site Sections 24586-RLL-24-XX-DR-C-1001 P04
Long Section 24586-RLL-24-XX-DR-C-1002 P01
Boundary Treatment 71929 D05 Rev H
Boundary Treatment Images 71929 D903 Rev A
Materials Plan 71929 D06 Rev F
Parking Strategy Plan 71929 D07 Rev E
Garden Size Plan 71929 D08 Rev E
Housetypes
Dahlia End D15
Eucalyptus Detached D16
Avocado End Semi D11
Chestnut End D12
Clover Detached D13
Dandelion Detached D14
Poppy Detached D23
Rosemary Detached D24
Sage Detached D25
Wildflower Detached D26
Jarrah Detached D19
Linden Corner Detached D20
Primrose Detached D21
Neem End D22
Macadamia (MACA) MID & Manuka (MANU) END ELEVATIONS 71929 D27(1) Rev C
Manuka End & Macadamia Mid FLOOR PLANS 71929 D27 Rev A
Manuka End & Macadamia End Plots 1 & 2 71929 D28
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with the details on the approved Material Plan 71929 D06 Rev F. Prior to the commencement of any over ground development of Plots 64-67 samples of the materials to be used in these plots shall be submitted and approved in writing by the Local Planning Authority. The plots shall be constructed in accordance with the approved details.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design
04
The boundary treatment shall be provided on site in accordance with the details of the approved Boundary Treatment Plan 71929 D05 Rev H and Boundary Treatment Images 71929 D903 Rev A. The approved boundary treatment shall be implemented prior to the occupation of each dwelling.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design.
05
Prior to the commencement of development of the retaining wall/structure along the southwestern boundary of the site details of the height, materials and appearance of the wall/structure shall be submitted to and approved in writing by the Local Planning Authority. The approved details a shall be implemented on site.
Reason
To ensure that appropriate materials are used in the construction of the structure in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design.
06
Prior to the commencement of the development of the retaining structure along the southwestern boundary of the site, details shall be submitted to and approved by the Local Planning Authority which demonstrate that it has been designed by a suitably qualified third-party geotechnical consultant to ensure long term stability and sustainability of the site and the safety of site users and occupiers of adjacent land. The approved details shall be implemented on site.
Reason
To ensure that the retaining structure is structurally sound.
07
Prior to the first occupation of the proposed plots adjacent to the southwestern boundary, a signed validation report authored by a third-party geotechnical consultant shall be submitted to and approved by the Local Planning Authority. The report shall confirm the long-term suitability and stability of the slope, retaining wall and make any necessary recommendations for long-term monitoring and maintenance of the wall, slope, land, and drainage infrastructure to include details to demonstrate that this is appropriately financed and undertaken in accordance with the recommendations of the third-party validation report.
Reason
To confirm that the structure is structurally sound.
08
Prior to the commencement of the erection of the fence on top of the retaining wall/structure along the southwestern boundary of the site, details of the fence shall be submitted and approved by the Local Planning Authority.
The details shall include plans, elevations, cross sections and other plans as necessary to demonstrate the following;-
The combined height and makeup of the boundary treatment
The proposed materials and appearance for each plot.
Details of the transition of fencing types.
The approved details shall be implemented on site.
Reason
To ensure that appropriate materials are used in the construction of the structure in the interests of visual amenity and in accordance with Policy CS28 Sustainable Design
TRANSPORTATION
09
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 Policy.
10
Before the development is brought into use the car parking area shown on the approved site layout plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
11
Before the development is commenced road sections, constructional and drainage details shall be submitted to and approved by the Local Planning Authority.
Reason
No details having been submitted they are reserved for approval.
12
Prior to the occupation of the dwellings, details of one vehicle charging point per dwelling shall be submitted to and approved by the local planning authority. The dwellings shall not be occupied until the charging point has been provided, and shall thereafter be retained.
Reason
To promote sustainability in accordance with the Local Plan and the NPPF.
13
The Construction Environmental Management Plan prepared by Harworth, dated 2024 and submitted with this application shall be fully implemented on site throughout the construction phase of the development.
Reason
In the interests of residential amenity and highway safety
14
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification) the garages at the 5 bedroomed dwellings (plots 48, 50, 57 & 59) shall be made available at all times for car parking purposes.
Reason
In the interests of highway safety and the visual amenity of the locality
LANDSCAPING & ECOLOGY
15
Landscaping of the site as shown on the approved plans (BM3 drawing nos. 71929
/D900 Rev I, 71929/D901 Rev H and 71929/D902 Rev H) shall be carried out in
accordance with a phasing plan to be submitted to and approved by the Local
Planning Authority prior to the commencement of development. Thereafter,
landscaping will be implemented during the first available planting season after
commencement of the development of each phase 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 the Design Code and Local Plan
Policies.
16
A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public realm areas
shall be submitted to and approved by the Local Planning Authority prior to the
completion or first occupation of the part or phase of development to which it relates,
whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme.
Reason
To ensure that due regard is paid to the continuing enhancement and maintenance of amenity afforded by landscape features of communal, public and biodiversity significance
17
Notwithstanding the submitted details, before above ground works commence details of external 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.
Reason
In the interest of biodiversity of the site.
18
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
In the interest of biodiversity of the site.
19
Notwithstanding the submitted details, before above ground works commence a scheme for biodiversity enhancement, such as the incorporation of permanent bat roosting feature(s), hedgehog holes and nesting opportunities for birds, shall be submitted to and agreed in writing with the Local Planning Authority. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
The scheme shall include, but not limited to, the following details:
i. Description, design or specification of the type of feature(s) or measure(s) to be
undertaken;
ii. Materials and construction to ensure long lifespan of the feature/measure
iii. A drawing(s) showing the location and where appropriate the elevation of the
features or measures to be installed or undertaken.
iv. When the features or measures will be installed within the construction,
occupation, or phase of the development.
Reason
In the interest of biodiversity of the site
GROUND CONDITIONS
20
Prior to construction, a Detailed Design Report for Gas Mitigation Measures shall be submitted and approved by the Local Planning Authority, it shall provide details of the identified gas protection measures required for each new build, complete with drawings to show how the gas protection measures will fit into the overall building designs. The approved details shall be implemented on site.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
21
Post construction, installation of the gas protection measures is to be verified in accordance with the approved Detailed Design Report for Gas Mitigation Measures and a Verification Report shall be submitted to and approved by the Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
22
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. 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 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
23
Suitable water supply pipes have been specified for the site which are considered capable of resisting chemical attack from residual contaminants remaining within the made ground. The use of these approved water supply pipes will need evidencing within a Verification Report for the site.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
24
Due to elevated sulphate concentrations being detected, buried concrete for the site should be designed to a design sulphate classification of DS-1 for made ground, with a corresponding ACEC class of AC-1. The design sulphate classification used will be evidenced within a Verification Report for the site to be submitted to and approved by the Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
25
Post construction, if subsoil/topsoil is required to be imported to site for gardens or areas of soft landscaping, 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 Local Plan Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
26
Following completion of any required remedial/ground preparation works a Verification Report shall be submitted to 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.
Reasons
To ensure the safe occupation of the site in accordance with Local Plan Policy SP54 of the Rotherham Local Plan and paragraph numbers 196 and 197 of the National Planning Policy Framework.
Informative
Guidance regarding lighting issues can be found in the Guidance Note 08/23:
Bats and Artificial Lighting At Night Institute of Lighting Professionals, 2023.
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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