| 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 05/06/11/12/15/19/23 & 26 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 05/06/09/15 & 20 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 site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below)
Drawing Numbers:
7650a(02) 0002-P02/0003 – P03
7650-a(05) 2004-P01/3001-P01/3002-P01/3003-P01/3050-P01/3101-P01/3102-P01/3103-P01/3150-P01/3151-P01/4100-P01/4101-P01/4102-P01/5000-P01
7650-a-(02)0010-P03/0011-P03/0012-P03/0013-P03/0014-P03/0015-P03/1001-P01/1002-P01/1003-P01/1004-P01/1005-P01/1102-P01/1103-P01
7650-a-(03)0010-P01/0011-P01/0012-P01/0013-P01/0014-P01/0015-P01/1001-P01/1002-P01/1003-P01/1102-P01/1103-P01
7650-a-(05)0003-P02/0005-P02/0010-P05/0011-P05/0012-P05/0013-P05/0014-P05/0015-P05/0016-P01/0110-P01/0111-P01/0112-P01/0116-P01/1001-P01/1002-P01/1003-P01/1004-P01/1005-P01/1006-P01/2001-P01/2002-P01/2003-P01
315-T-D-PL-TCP
1633_L-200-V5 Landscpe Masterplan
1633_Illustrative Section V1
(received 09/01/2025)
Drawing Number:
7650-al(02)0004(received 07/08/2025)
Reason
To define the permission and for the avoidance of doubt.
03
No development above ground level shall 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
To protect the special character and appearance of the Grade II Listed Building in accordance with Policy SP40 ‘Listed Buildings.’
04
Prior to the installation of the windows and doors on the remaining section of the Grade II Listed Building, details of the doors and windows, including their materials and colour treatment shall be submitted to and approved in writing with the Local Planning Authority at a scale of 1:10. The development should proceed in accordance with the approved details.
Reason
To protect the special character and appearance of the Grade II Listed Buildings, in
accordance with Local Plan Policy SP40 ‘Listed Buildings’.
05
Prior to the commencement of any demolition work on site, details shall have been provided to and approved in writing with the Local Planning Authority (LPA) demonstrating either:
• a construction contract with the builder to complete the redevelopment work for which we have given planning permission.
• Or an alternative means of ensuring that the LPA are satisfied that demolition on the site will only occur immediately prior to the development of the consented development.
All demolition and development shall be carried out in accordance with these arrangements.
Reason
To prevent unnecessary harm to the Grade II Listed Building. In accordance with Policy SP40 ‘Listed Buildings.’
06
No development, shall take place until the applicant or their agents or successors in title have secured the implementation of a programme of historical and archaeological recording work of the building in accordance with a written scheme of investigation, the methods of which shall be submitted by the applicant and approved in writing by the Local Planning Authority. The recording shall then be undertaken in accordance with the approved details. The results of the completed recording work will be made available to the Local Planning Authority once completed for deposit in public records at a timescale to be agreed with the Local Planning Authority.
Reason
To ensure that the building and any archaeological remains are adequately recorded. In accordance with Policy SP43 ‘Conserving and recording the historic environment and guidance contained in the NPPF.
General Amenity
07
No noise generating fixed plant including (but not limited to) mechanical ventilation, air conditioning / refrigeration compressor units 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+A1:2019 noise assessment which has been carried out by a competent person and include 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to achieve a maximum cumulative plant Noise
Rating Level of no more than 0dB(A) above the prevailing background levels, outside the boundary of the nearest noise sensitive property.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 15 of the NPPF.
08
A scheme of sound attenuation including glazing and ventilation systems, and measures to minimise internal noise transfer shall be installed in accordance with the criteria and specifications as detailed in Sections 4.2 and 4.3 of the Noise Impact Assessment, carried out by Swan Environmental, dated 1st October 2024 (Ref: NIA-11624-24-11855-v2 Guest and Chrimes, Rotherham.docx).
Reason:
To safeguard the amenities of future occupiers of the development in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
09
No commercial premises shall be occupied for the purpose of operating as a business involving the cooking of hot food, unless an Odour Impact Assessment including the following information has been submitted to and approved in full by the Local Planning Authority. A suitably competent person (see footnote) must carry out the assessment to determine the likely impact of cooking odour from the extraction system from the proposed cooking of hot food on nearby sensitive receptors. The report shall:
- Determine the potential of adverse impact to nearby sensitive receptors from the odours associated with the 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 filtration systems, 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.
Competent Person – Footnote
An odour impact assessment must be carried out by competent person/s and in line with current best practice and guidance. Applicants are referred to guidance provided by DEFRA: Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems (2005). Please note that this was updated by EMAQ in September 2022 under guidance of the same title “Control of Odour and Noise from Commercial Kitchen Exhaust Systems”.
Reason:
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
10
No external artificial lighting shall be installed on any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include the following information:
- The proposed hours of operation of the lighting
- The location and specification of all of the luminaires
- The proposed design level of maintained average horizontal illuminance for the areas that needs to be illuminated.
- The predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity.
- The measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site.
- The methods of switching and controlling the lighting so that it is only operated at the permitted times and at times when it is required.
Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
Reason:
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with part 12 and 15 of the NPPF and RMBC Policy SP52.
11
Prior to the commencement of any works (including demolition) on site, a Construction Environmental Management Plan (CEMP) shall be provided to the Local Planning Authority. The plan shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below:
• Program and Phasing Details
- Site layout
- Operational hours
- Expected duration of demolition and construction work phases
• Site Management
- Contact details of site manager for public liaison purposes
- Complaints procedure
- Roles and responsibilities
• Routes for Construction Traffic
- Routes to be used for access onto site and egress
- One way systems
- Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
- Delivery access point details
- Location details of storage areas
- Delivery times of materials and plant
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Dust suppression measures -General and machinery
- Wheel wash facilities
- Road sweeping facilities
- Covering of dusty stockpiles
- Vehicles carrying dusty loads
- Dust monitoring
- Boundary checks
- Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery
- Mitigation measures for noisy operations
- Operational hours
- One way systems
- Vehicle reverse alarms
- Leaflet drops to noise sensitive premises
• Artificial Lighting
- Hours of operation of the lighting
- Location and specification of all of the luminaires
- Level of maintained average horizontal illuminance for the areas that needs to be
illuminated
- Predicted vertical illuminance that will be caused by the proposed lighting when
measured at windows of any properties in the vicinity
- Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site
• Waste Management
- Waste storage
- Waste collection
- Recycling
- Waste removal
Reason:
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with Part 15 of the NPPF and RMBC Policy SP52.
12
Part A (pre-commencement)
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, including a strategy for reporting on the archaeological investigations carried out in 2006-7, 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 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. In accordance with Local Plan SP 43 ‘Conserving and Recording the Historic Environment.’
Trees and Landscaping
13
Prior to any above ground development taking place a detailed landscape scheme 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 hard surfaces, furniture or boundary treatment 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 ongoing maintenance and a schedule of operations.
The scheme shall thereafter be implemented in accordance with the approved
landscape scheme and in accordance with the appropriate standards and codes of practice within a timescale agreed, in writing, by the Local Planning Authority.
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 SP32 ‘Green Infrastructure and Landscape.’
14
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 SP32 ‘Green Infrastructure and Landscape.’
15
No work or storage on the site shall commence until a Arboricultural Method Statement (AMS) is submitted to and approved in writing with the Local Planning Authority, which shall set out that all the trees/shrubs to be retained have been protected by suitable tree protection measures, These protection measures shall be fully adhered to until all development has been completed and machinery and surplus materials have been removed from the site, unless otherwise agreed with the Local Planning Authority.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area in accordance with policy SP32 Green Infrastructure and Landscape.
Ecology
16
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. The details shall include, but not limited to, the following:
a) A drawing showing sensitive areas and/or dark corridor safeguarding areas;
b) Technical description, design or specification of external lighting to be installed including shields, cowls or blinds where appropriate;
c) A description of the luminosity of lights and their light colour;
d) A drawing(s) showing the location and where appropriate the elevation and height of the light fixings;
e) Methods to control lighting control (e.g. timer operation, passive infrared sensor (PIR));
f) Lighting contour plans both horizontal and vertical where appropriate and taking into account hard landscaping, etc.
All external/internal lighting shall be installed in accordance with the specifications and locations set out in the approved details. These shall be maintained thereafter in accordance with these details. Under no circumstances shall any other external lighting be installed
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.
Reason
To protect species protected by law.
17
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 interests of ecology.
18
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 interests of ecology.
19
Prior to the commencement of development, a construction environmental management plan (CEMP: Biodiversity) shall have been submitted to and approved in writing by the local planning authority.
The CEMP (Biodiversity) shall include the following.
a) Risk assessment of potentially damaging construction activities.
b) Identification of “biodiversity protection zones”.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
Reason
In the interests of ecology.
20
The development shall not commence until a Habitat Management and Monitoring Plan (HMMP) has been submitted prepared in accordance with the approved Biodiversity Gain Plan and including:
a) a non-technical summary;
b) the roles and responsibilities of the people or organisation(s) delivering the [HMMP];
c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;
d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority,
has been submitted to, and approved in writing by, the local planning authority.
Reason
In the interests of ecology.
Highways
21
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 to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety.
22
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
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.
23
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 interests of highway safety and neighbouring amenity.
24
The development shall not be commenced until details of the proposed new
vehicle access, indicated on plan reference T790-02, 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 interests of highway safety.
25
Before the proposed development is brought into use, the submitted Travel Plan
shall be implemented and shall remain in place throughout the life of the
development. 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 interests of sustainable transport choices.
26
The car park shown within the blue edge on Drawing Number 7650-al(02)0004, (received 07/08/2025), shall be made available to customers at the approved hotel at all times, throughout the lifetime of the development, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interest of providing sufficient car parking to the Hotel development hereby approved.
Contaminated Land
27
Prior to the commencement of development, a Phase II Intrusive Site Investigation shall be undertaken to assess the geotechnical and geo-environmental constraints at the site complete with ground gas monitoring. A detailed scope of works including the methodology for investigation and the proposed gas monitoring frequency shall be submitted to and approved in writing by the Local Authority prior to any site investigation works commencing. The site investigation shall thereafter be undertaken in accordance with the approved details. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced and will be subject to approval in writing by this Local Planning Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National
Planning Policy Framework.
28
Subject to the findings of Phase II Intrusive Site Investigation and prior to above ground works commencing, a Remediation Method Statement shall be provided and approved by this Local Authority prior to any remediation works commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation. The Local Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National
Planning Policy Framework.
29
Subject to the findings of the Remediation Method Statement, a Detailed Design Report for Gas Mitigation Measures will be provided for review and comment and shall provide 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.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National
Planning Policy Framework.
30
Post construction, a Gas Verification Report shall be provided to confirm that the measures constructed/installed meet the required standards. A verification report will be forwarded to the Local Authority for review and comment.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National
Planning Policy Framework.
31
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 187, 196 and 197 of the National
Planning Policy Framework.
32
If virgin material, subsoil/topsoil materials are required to be imported to site for remedial works/areas of soft landscaping, 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 187, 196 and 197 of the National
Planning Policy Framework.
33
Following completion of any remedial works a Validation Report will be forwarded to this Local Authority for review and comment. The Validation 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 validation 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 validation data
has been approved by the Local Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National
Planning Policy Framework.
Drainage
34
The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed. (In the interest of satisfactory and sustainable drainage).
There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:-
a) evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical;
b) evidence of existing positive drainage to public sewer and the current points of connection; and
c) the means of restricting the discharge to public sewer to the existing rate less a minimum 30 % reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change. (To ensure that no surface water discharges take place until proper provision has been made for its disposal and in the interest of sustainable drainage).
Reason
To ensure acceptable drainage to the site.
35
Development of the site shall take place with separate systems for foul and surface water drainage. The separate systems should extend to the points of discharge to be agreed the details of which shall be submitted to and agreed in writing with the Local Planning Authority. Foul water from kitchens and/or food preparation areas of any restaurants and/or canteens etc. must pass through a fat and grease trap of adequate design before any discharge to the public sewer network.
Reason
To ensure acceptable drainage to the site.
36
The development shall be carried out in accordance with the submitted flood risk assessment (ref 28/11/2024 / STM Environmental / FRASW – 2024 – 000014) and the following mitigation measures it details:
• Finished floor levels for sleeping accommodation shall be set no lower than 26.88 metres above Ordnance Datum (AOD)
• Finished floor levels for the northern building shall be set no lower than existing at 25.84 metres above Ordnance Datum (AOD)
• Flood resistance and resilience measures shall be incorporated into the development, as per Section 20 - Conclusions and Recommendations
These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.
Reasons
To reduce the risk of flooding to the proposed development and to protect future occupants.
37
Prior to the hotel hereby approved being brought into use, details of an information board to the exterior of the building, outlining the sites history, shall be submitted to and approved in writing with the Local Planning Authority. The details shall include the design and location of the information board and the text and graphics. The approved information board shall be retained and maintained on the site thoroughout the lifetime of the development, unless otherwise agreed in writing with the Local Planning Authority.
Reason
To provide a public record and information of the building for guests and members of public.
38
Withing six months the planning permission 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
Biodiversity Net Gain
Unless an exception or a transitional arrangement applies1, 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.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan in respect of this permission would be Rotherham MBC. Failure to submit a Biodiversity Gain Plan prior to the commencement of development will lead to formal enforcement action being considered, which could be in the form of a Temporary Stop Notice (that will require all development on site to stop, for a period of 56 days).
Biodiversity Gain Plan
The biodiversity gain plan must include/accompanied by:
(a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;
(b) the pre-development biodiversity value of the onsite habitat;
(c) the post-development biodiversity value of the onsite habitat;
(d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development;
(e) any biodiversity credits purchased for the development;
(f) any information relating to irreplaceable habitat making up onsite habitat
(g) information about steps taken or to be taken to minimise any adverse effect of the development on, and arrangements for compensation for any impact the development has on the biodiversity of, any irreplaceable habitat4 present within the onsite baseline.
(h) any additional information requirements stipulated by the secretary of state.
The effect of section 73D of the Town and Country Planning Act 1990
If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission (“the earlier Biodiversity Gain Plan”) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
1. do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
2. in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
- Listed exemptions from Statutory BNG and transitional arrangements can be found at Biodiversity net gain: exempt developments - GOV.UK (www.gov.uk)
- The Statutory Biodiversity Gain Plan template can be found at https://www.gov.uk/government/publications/biodiversity-gain-plan
- Minimum legal requirements for the Biodiversity Gain plan can be found at https://www.legislation.gov.uk/ukpga/2021/30/schedule/14#:~:text=paragraph%2015).-,Biodiversity%20gain%20plan,-14
- Irreplaceable habitats for the purposed of Biodiversity Net Gain are defined by Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024. A full list of irreplaceable habitats can be found at https://www.legislation.gov.uk/uksi/2024/48/schedule/made
- Additional information required is outlined by Articles 37C(2) [Non Phased] 37C(4) [Phased] of The Town and Country Planning (Development Management Procedure) (England) Order 2015 and may be subject to the nature of your application https://www.legislation.gov.uk/uksi/2015/595#:~:text=Additional%20content%20of%20plan
- Where a Habitat Management and Monitoring Plan is required: https://publications.naturalengland.org.uk/publication/5813530037846016
02
Informative - Bats
If a bat or evidence of bats using a feature on site is discovered prior to or during
development all work should stop immediately. A licensed bat consultant or Natural
England must be contacted and works implemented only in accordance with methods advised by them. This advice note should be provided to any persons/contractors carrying out the development along with the contact details of a relevant ecological consultant.
03
Informative - Protected Species
If a protected species (such as any bat, great crested newt, dormouse, badger, reptile, barn owl or any nesting bird) is discovered using a feature on site that would be affected by the development or related works all activity which might affect the species at the locality should cease. You should then seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works (with regard to bats). This action is necessary to avoid possible prosecution and ensure compliance with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended), the Protection of Badgers Act 1992 and the Wild Mammals Act 1996. This advice note should be passed on to any persons or contractors carrying out the development/works.
04 -Trees
The council expects the value of lost trees to be replaced, through replanting either on or off site (or a mix of both) in accord with Core Strategy policy CS19 using the Rotherham Tree Replacement Standard (RTRS). This shall be achieved through the discharge of condition XXX.
The value of these trees can be calculated using the table below:
05
Informative Drainage – Yorkshire Water
The developer is proposing to discharge surface water to SUDS and sustainable development requires appropriate surface water disposal. Yorkshire Water promote the surface water disposal hierarchy and the developer must provide evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical before considering disposal to public sewer.
It is understood that River Don is located to the east of the site. This appears to be the obvious place for surface water disposal. The developer and LPA are strongly advised to seek comments on surface water disposal from other drainage bodies as further restrictions may be imposed.
Only as a last resort, and upon receipt of satisfactory evidence to confirm the reasons for rejection of other methods of surface water disposal, curtilage surface water may discharge to 225 mm diameter public combined water sewer. Surface water discharges to the public sewer must have a minimum of 30% reduction based on the existing peak discharge rate during a 1 in 1 year storm event.
The developer will be required to provide evidence of existing positive drainage to a public sewer from the site to the satisfaction of Yorkshire Water and the Local Planning Authority by means of physical investigation. On-site attenuation, taking into account climate change, will be required before any discharge to the public sewer network is permitted.
If the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he/she should contact our Developer Services Team (telephone 03451 208 482, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Code for Adoption - a design and construction guide for developers' as supplemented by Yorkshire Water's requirements.
06 - Drainage Informative RMBC
However, for this consultation I would just stress the need to comply with all the requirements of the Rotherham Flood Risk Toolkit, which will ensure that any development is protected from flooding and is compatible with the flood alleviation scheme proposed for the Town Centre and beyond.
Please consider the following:
Rotherham Regeneration Area Flood Risk Toolkit:
Microsoft Word - Section 1 - Toolkit Intro.doc
Environment Agency Flood Risk Assessment:
Flood risk assessment: flood zones 1, 2, 3 and 3b - GOV.UK
07 – Drainage Informative – Environment Agency
The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:
• on or within 8 metres of a main river (16 metres if tidal)
• on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal)
• on or within 16 metres of a sea defence
• involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
• in the floodplain of a main river if the activity could affect flood flow or storage and potential impacts are not controlled by a planning permission
For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities-environmental-permits or contact our National Customer Contact Centre on 03708 506 506. The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.
Flood resistance and resilience
We strongly recommend the use of flood resistance and resilience measures. Physical barriers, raised electrical fittings and special construction materials are just some of the ways you can help reduce flood damage.
To find out which measures will be effective for this development, please contact your building control department. In the meantime, if you’d like to find out more about reducing flood damage, visit the flood risk and coastal change pages of the planning practice guidance. The following documents may also be useful:
Government guidance on flood resilient construction https://www.gov.uk/government/publications/flood-resilient-construction-of-new-buildings
CIRIA Code of Practice for property flood resilience
https://www.ciria.org/CIRIA/Resources/Free_publications/CoP_for_PFR_resource.aspx
British Standard 85500 – Flood resistant and resilient construction
https://shop.bsigroup.com/ProductDetail/?pid=000000000030299686
The applicant/occupants should phone Floodline on 0345 988 1188 to register for a flood warning, or visit https://www.gov.uk/sign-up-for-flood-warnings. It’s a free service that provides warnings of flooding from rivers, the sea and groundwater, direct by telephone, email or text message. Anyone can sign up.
Flood warnings can give people valuable time to prepare for flooding – time that allows them to move themselves, their families and precious items to safety. Flood warnings can also save lives and enable the emergency services to prepare and help communities.
For practical advice on preparing for a flood, visit https://www.gov.uk/prepare-for-flooding.
To get help during a flood, visit https://www.gov.uk/help-during-flood.
For advice on what do after a flood, visit https://www.gov.uk/after-flood.
08 – Archaeology
Prior to discharging Condition 09 it is recommended that the applicant contacts South Yorkshire Archaeolgy Service (SYAS) to agree the methodology for the necessary archaeological works, prior to the submission of the details to discharge this pre commencement condition. SYAS can be contacted by telephone (0114) 273 6428 / 6354 or by email syorks.archservice@sheffield.gov.uk
09 - Highways
You will appreciate that the works to provide the vehicle access, will require an
Agreement under S278 Highways Act, 1980 and involve the provision of a new
vehicle access onto Don Street. You will need to contact David Phillips david.phillips@rotherham.gov.uk to expedite this agreement as soon as possible.
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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