| 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 9 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 9 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.’
General
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
RVP- OOB- ZZ- 00- DR- L- 00040 Rev P01 – Location Plan
RVP- OOB- ZZ- 00- DR- L- 00041 Rev P01 – Site Plan
005/001/075/BS101 Rev A – Plastisol Unit
RVP- OOB- ZZ- 00- DR- L- 00123 Rev P1 – Boundary Treatment Plan
RVP- OOB- ZZ- 00- DR- L- 00508 Rev P01 – Fencing Details
RVP- OOB- ZZ- 00- DR- L- 00042 Rev P01 – Landscape Masterplan
RVP- OOB- ZZ- 00- DR- L- 00506 Rev P01 – Hardworks Details
RVP-ADE-XX-ZZ-DR-C-03403 Rev P2 – Proposed Boat Yard Hardworks Build Ups
RVP- OOB- ZZ- 00- DR- L- 00507 Rev P01 – Surface materials for storage yard
RVP-ADE-XX-ZZ-DR-C-03302 Rev P1 – Proposed Boat Yard External Levels
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 storage area shall be in accordance with the details shown on drawing number RVP- OOB- ZZ- 00- DR- L- 00506 Rev P01 and the welfare building in accordance with the details shown on drawing number 005/001/075/BS101 Rev A. 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/
Landscapes
04
Landscaping of the site as shown on the approved plan (drawing no. RVP- OOB- ZZ- 00- DR- L- 00042 Rev P01) shall be carried out during the first available planting season after commencement 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.
Trees
05
No work or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction – Recommendations. This shall be positioned in accordance with details as shown in the submitted document ‘Arboricultural Impact Assessment, Method Statement and Tree Protection Plan’, dated November 2024, prepared by Elite Ecology. The protective fencing shall be properly maintained and shall not be removed until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
Reason
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity.
Ecology and Biodiversity
06
Notwithstanding the submitted details, before the installation of any external lighting details of the 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.
Reason
To ensure that there is no light pollution that could impact on local wildlife and local wildlife sites.
07
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.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
08
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 biodiversity and ecology.
09
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
e) Biodiversity Gain Plan for a period of 30 years from the completion of development; and
f) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority.
Reason
To ensure no net loss in biodiversity across the sites.
10
Notwithstanding the submitted details, prior to the site being brought into use, a Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority. The content of the LEMP shall include, but not limited to the following:
a) Purpose and conservation objectives for the proposed ecological design works.
b) Detailed design(s) to achieve stated objectives.
c) Extent and location/area of proposed works on appropriate scale maps and plans.
d) Type and source of materials to be used where appropriate, e.g. native species of local provenance.
e) Timetable for implementation, including the planting of the screening hedgerow prior to first use of the development.
f) Persons responsible for implementing the works.
g) Details of initial aftercare.
h) Aims and objectives of management.
i) Prescriptions for management actions.
j) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period)
k) Habitat monitoring provisions for a period of 30 years from establishment.
l) Details of the individual, body or organisation(s) responsible for implementation of the plan.
m) The development will be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.
Reason
To ensure a minimum 10% Biodiversity Net Gain in the interest of biodiversity
improvements.
Land Contamination
11
Prior to works commencing above ground level a Detailed Design Report for Gas Mitigation Measures shall be provided for review and comment and shall provide details of the identified gas protection measures required for the new build, 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.
12
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 will be forwarded to this Local Authority for review and comment.
Reason
To ensure the safe occupation of the site.
13
Suitable water supply pipes are likely to be required to ensure resistance to chemical attack from residual contaminants remaining within the made ground. The use of these approved water supply pipes will need evidencing within a Letter/Report for the site.
Reason
To ensure the safe occupation of the site.
14
If subsoil/topsoil is required to be imported to site for remedial works/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 details of which will need to be presented in the format of a Validation Report.
Reason
To ensure the safe occupation of the site.
15
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.
Reason
To ensure the safe occupation of the site.
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
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
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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