| 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 before development can start. Conditions numbered 07,8,15 & 17 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 07,8,15 & 17 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.’
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
Amended Site Plan CS/06025-LP (Received 21/11/2025)
Landscape Plan CS/06025-LP (Received 11/03/2025)
Landscape Management Plan (Received 11/03/2025)
Footpath Improvement Plan CS/06025-2FP (Received 20/08/2025)
Highway Visibility Splay CS/06025-3VS (Received 20/08/2025)
Proposed Briddon Unit CS/06025-2 (Received 11/03/2025)
Proposed Units 1 & 2 CS/06025-3 (Received 11/03/2025)
Proposed Units 3,4 & 5 CS/06025-4 (Received 11/03/2025)
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 provided in the submitted application form. The development shall thereafter be carried out in accordance with these details.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity and in accordance with Core Strategy Policy CS28 Sustainable Design.
04
Before the development is brought into use the sight lines indicated on Drg No CS/06025-3VS shall be rendered effective by removing or reducing the height of anything existing on the land between the sight line and the highway which obstructs
visibility at any height greater than 900mm above the level of the nearside channel of the adjacent carriageway and the visibility thus provided shall be maintained.
Reason
In the interest of Highway Safety.
05
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 the site is adequately drained in a sustainable manner.
06
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interest of highway safety.
07
The development shall not be commenced until details of the proposed alterations in the highway along the site frontage, which include amendments to the road layout
to facilitate access to the site(s), footway provision on the northern side of Church Lane and removal of vegetation / trees to ensure that requisite visibility from both vehicle access points is achieved, have been submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the
development is brought into use.
Reason
In the interest of highway safety.
08
Prior to the commencement of works a Construction Method Statement shall be submitted to and approved in writing by the Council and the approved statement shall be adhered to throughout the construction period. The Statement shall provide
for; Storage / loading / unloading of materials / plant; and car parking facilities for the
construction staff and include reference as to how the development will legally take
access from the adjacent highway i.e. s278 or s184 agreement.
Reason
In the interest of highway safety.
09
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.
10
Prior to the occupation of the development details of the provision of vehicle charging points infrastructure to serve every car parking space and a minimum of 20% of parking spaces to have charging points, shall be submitted to and approved in writing by the Local Planning Authority.
Reason
To promote sustainable travel.
11
The above ground development hereby granted shall not be begin until final details of the foul, surface water and land drainage systems 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 Policy CS25 of the Local Plan.
12
Before the development is brought into use, the approved Landscape scheme (ref CS/06025-LP) shall be implemented in accordance with RMBC Landscape Design Guide (April 2014) in the next available planting season and maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
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 Local Plan Policies.
13
If virgin material, subsoil/topsoil materials are required to be imported to site for remedial works, then these materials will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination and will not present a risk to future users of the site and the environment.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework, December 2024.
14
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 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 Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework, December 2024.
15
No development shall commence on site until:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The details shall be implemented in accordance with the timescales set out in the approved Biodiversity Gain Plan.
For guidance on the contents of the Biodiversity Gain Plan that must be submitted
and agreed by the Council prior to the commencement of the consented
development please see the link: Submit a biodiversity gain plan - GOV.UK
(www.gov.uk)
Reason
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), to ensure Biodiversity Net Gain.
16
Prior to the development being completed details indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved by the Local Planning Authority. The boundary treatment shall be completed before the units are occupied.
Reason
In the interests of the visual amenity of the area.
17
Prior to the commencement of development, the attached Local labour Agreement
pro forma for the construction phase of the development shall be completed in its
entirety and submitted to and approved in writing by the Local Planning Authority.
The development shall thereafter be carried out in accordance with the approved
Agreement and within 3 months of completion of the approved development, data
shall be submitted to the Local Planning Authority demonstrating how the indicators
were met.
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’
Informatives
01
Condition 07 will require an Agreement under S278 Highways Act, 1980. Contact should be made with David Phillips as soon as is practical to enter into a s278 legal agreement via david.phillips@rotherham.gov.uk
02
Biodiversity Net Gain
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.
This permission will require the submission and approval of a Biodiversity Gain Plan
before development is begun. For guidance on the contents of the Biodiversity Gain
Plan that must be submitted and agreed by the Council prior to the commencement
of the consented development please see the link: Submit a biodiversity gain plan -
GOV.UK (www.gov.uk)
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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