| 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
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 and as shown on the approved plans (as set out
below) (Drawing Numbers Site Location Plan/423/Site Plan/ 1/2/3/4F/5E/6C/7F/10)(received 20/12/2024)
Reason
To define the permission and for the avoidance of doubt.
03
The above ground construction of the dwelling shall not 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 or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details/samples.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
04
Before the development is brought into use, that part of the site to be used by vehicles shall be 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.
The area 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.
05
The dwelling hereby approved shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwellings are occupied.
Reason
In the interests of the visual amenity of the area.
06
Minimum sound reduction performance requirements shall comply with those specified in Table 6 of Section 5.2 of the Environmental Noise Impact Assessment undertaken by NB Acoustics Ltd, dated 13th November 2024, (Ref: 24059_01). The details of this compliance shall be submitted to and approved in writing with the Local Planning Authority prior to the occupation of the dwelling hereby approved.
Reason:
To safeguard the amenities of the future occupiers of the proposed development in
accordance with RMBC Policy SP52 and guidance contained within the NPPF.
07
Prior to the occupation of any dwelling, details of a vehicle charging point shall have been submitted to and approved by the Local Planning Authority. The dwelling shall not be occupied until the charging point has been provided, and it shall thereafter be retained and maintained.
Reason
In the interests of sustainable development and air quality.
08
All gates shall be hung so as not to encroach into the highway when open or being opened.
Reason
In the interest of highway safety.
09
Prior to the commencement of development, a Phase I Site Assessment Report consisting of a desk top study, a site walkover, and a conceptual site model must be undertaken to obtain and understanding of the site’s history, its setting and its potential to be affected by contamination. This report must be submitted to the Local Planning
Authority for review and consideration and if any further intrusive investigations are
recommended within the report, then these works must be undertaken in
accordance with the conclusions and recommendations detailed in the Desk Study
Report and as agreed with the Local Planning Authority.
The above should be conducted in accordance with the Environment Agency’s
Land Contamination Risk Management Guidance October 2020 and Contaminated
Land Science Reports (SR2 – 4).
Reason
To ensure the safe occupation of the site in accordance with Policy
SP54 ‘Contaminated and Unstable Land’ of the adopted Sites and Policies
Document.
10
If subsoil/topsoil is required to be imported to site for garden/soft landscaping
areas, then these soils will need to be tested at a rate and frequency to be agreed
with the Local Planning Authority to ensure that are free from contamination. The
results of testing shall be presented within a Validation Report and shall be
forwarded to the Local Planning Authority and the works shall proceed in
accordance with the approved details.
Reason
To ensure the safe occupation of the site in accordance with Policy
SP54 ‘Contaminated and Unstable Land’ of the adopted Sites and Policies
Document.
11
If during the 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 ‘Contaminated and Unstable Land’ of the adopted Sites and Policies
Document.
12
No development, including any demolition and groundworks, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for archaeological investigation and this has been approved in writing by the Local Planning Authority. The WSI shall include:
• The programme and method of site investigation and recording.
• The requirement to seek preservation in situ of identified features of importance.
• The programme for post-investigation assessment.
• The provision to be made for analysis and reporting.
• The provision to be made for publication and dissemination of the results.
• The provision to be made for deposition of the archive created.
• Nomination of a competent person/persons or organisation to undertake the works. • The timetable for completion of all site investigation and post-investigation works.
Part B (pre-occupation/use) Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has The South Yorkshire Archaeology Service is a joint service of the Metropolitan Borough Councils of Barnsley, Doncaster, Rotherham and the City Council of Sheffield. www.sheffield.gov.uk/ syas confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason:
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
13
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.
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. Conditions numbered 09 & 12 of this permission require matters to be approved before development works begin; however, in this instance the conditions are 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 numbers 09 & 12 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
Informative(s):
01
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 as a self-build development.
02
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 upon conviction in Rotherham 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.
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. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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