| 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//455/1A/4/5/7A/8A/9B/10/14/15A/16A/17B(received 19/03/2025)
(Drawing Numbers Block Plan/ 455/2J/4A/6A)(received 27/08/2025)
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
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity in accordance with Local Plan Polices SP41 Conservation Areas, SP55 Design Principles, CS23 ‘Valuing the Historic Environment’ and CS28 ‘Sustainable Design.’
04
The above ground construction of the dwelling shall not take place until details of the windows and doors are submitted to and approved in writing with the Local Planning Authority. The windows shall be contructed of timber or aluminium, with details of the colour treatment submitted for consideration.
Reason
To protect the agricultural appearance of the Plot A and the character and appearance of the North Anston Conservation Area. In accordance with Policy SP41 ‘Conservation Areas.’
05
All roof lights hereby approved on the buildings shall be conservation style unless otherwise agreed in writing with the Local Planning Authority.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity in accordance with Local Plan Polices SP41 Conservation Areas, SP55 Design Principles, CS23 ‘Valuing the Historic Environment’ and CS28 ‘Sustainable Design.’
06
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.
07
Prior to the development being brought into use, details of the surface treatment of all shared space areas, including the internal courtyard, access road and parking and turning areas, shall be submitted for the approval of the Local Planning Authority. The approved details shall be completed prior to the occupation of the first dwellings on the site and shall be retained and maintained for the lifetime of the development.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity in accordance with Local Plan Polices SP40 Listed Buildings, SP55 Design Principles, CS23 ‘Valuing the Historic Environment’ and CS28 ‘Sustainable Design.’
08
Notwithstanding the provisions Schedule 2, Part 1, Classes A, B, C, and D and Part 2 Class A of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re--enacting that Order with or without modification), no further extensions or external alterations to the buildings shall be carried out, (other than those expressly authorised by this permission) without the prior permission of the Local Planning Authority.
Reason
To protect the agricultural appearance of the Plot A and the character and appearance of the North Anston Conservation Area. In accordance with Policy SP41 ‘Conservation Areas.’
Highways
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.
10
The development shall not be commenced until details of a prospectively
adoptable footway on the site frontage to Main Street including the footway
buildout and associated signage, as indicated in draft form on Drg 455/2 Rev
J have been submitted to and approved by the Local Planning AuthorityCouncil. The approved details shall be implemented prior to the first occupation of the development.
Reason
In the interests of highway safety.
11
Prior to the occupation of the dwellings hereby approved, details of vehicle charging points (1 per dwelling) shall be submitted to and approved by the local planning authority. The approved dwellings shall not be occupied until the charging point has been provided, and it shall thereafter be retained.
Reason
In the interests of sustainable development and air quality.
12
The area shaded blue, as indicated on Drawing Number 455/2, shall be made available at all times for vehicle turning purposes.
Reason
In the interests of highway safety.
Drainage
13
The development hereby granted shall not be begin until 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.
Archaeology
14
Prior to the commencement, the applicant, or their agent or successor in title, shall submit 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.
Ecology
15
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
To protect species protected by law.
16
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.
Reason
To ensure biodiversity enhancement in accordance with Policy SP33 ‘Conserving and Enhancing the Natural Environment.’
Contaminated Land
17
Prior to development commencing a Preliminary Risk Assessment Report consisting of a desk top study, a site walkover, and a conceptual site model must be undertaken to obtain an 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 and agreed in writing.
Reasons
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, December 2024.
18
Subject to the findings of Condition 17 above and prior to development commencing, a Phase II Intrusive Site Investigation should be undertaken to assess the geotechnical and geoenvironmental conditions at the site. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority.
The above works shall be conducted in line with guidance document ‘Land Contamination Risk Management’ (June 2025) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017).
Reasons
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, December 2024.
19
Prior to development commencing and subject to the findings the Phase II Intrusive Site Investigation, a Remediation Method Statement shall be provided and approved by the Local Planning Authority prior to any remediation works commencing on site. The approved Remediation works shall be carried out in full on site. The Local Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reasons
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, December 2024.
20
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.
Reasons
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, December 2024.
21
Notwithstanding the approved plans, the window on the first floor of Barn A shall be obscure glazed and non openable below 1.8 metres above finished floor level.
Reason
In the interests of neighbourng amenity and to prevent overlooking.
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
Please note that Informative 1 relates to Biodiversity Net Gain, and notes that this permission 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 Informative adds that 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).
With regard to discharging Condition 16 please note that the following details should be included.
• 1 bird brick integrated into the building on a northerly aspect/orientation (north, north-east and north-west). Example specification includes the Schwegler Brick Box Type 24, Woodstone Sparrow Nest Box or an equivalent suitable for tits, sparrows or starlings. The boxes should be located between two to four metres high, ideally at the gable apex or at eaves. The brick can be installed flush with the outside wall and can be rendered or covered so that only the entrance hole is visible.
• 1 bat bricks should be integrated into buildings on a southerly aspect / orientation (south, south west, and south-east). Boxes should be located a minimum of 2 metres, but ideally 5-7 metres above ground, in a position near the eaves or gable apex. Placement should avoid windows, doors and wall climbing plants. Example specification includes Verona Build-In Woodstone Bat Box, Segovia Build-in WoodStone Bat Box and WoodStone Build-in Bat Tube.
• Hedgehog holes between any fencing, railings, wall and gates to ensure the development is permeable to hedgehogs. These can be created by 13cmX13cm holes at ground level within fences or by leaving a sufficient gap beneath gates and/or leaving brick spaces at the base of brick walls. To ensure holes are kept open ‘Hedgehog Highway’ signage should be provided and secured above the holes.
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 the 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.
03
Drainage Informatives:
1. Records indicate site to be in Environment Agency Flood Warning Area – Flood zone 3
5. Flood resilience should be duly considered in the design of the new building/s or renovation. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BRE Good Building Guide 84.
6. Developments should have floor levels set higher than the recorded flood level or a minimum of 300mm above proposed ground level.
7. The applicant should provide a Flood Evacuation Plan which outlines:
• The flood warning procedure.
• A safe point of extraction.
• How users can safely evacuate the site upon receipt of a flood warning.
• The areas of responsibility for those participating in the plan.
• The procedures for implementing the Plan.
• How users will be made aware of the flood risk.
• How users will be made aware of flood resilience.
• Who will update the flood evacuation plan?
Further advice can be obtained with regards to how to prepare a flood plan and what the EA flood warnings mean at https://flood-warning-information.service.gov.uk/warnings
8. Surface water drainage plans should include the following:
? Rainwater pipes, gullies and drainage channels including cover levels.
? Inspection chambers, manholes and silt traps including cover and invert levels.
? Pipe sizes, pipe materials, gradients and flow directions.
? Soakaways, including size and material.
? Typical inspection chamber / soakaway / silt trap and SW attenuation details.
? Site ground levels and finished floor levels.
9. Surface Water Discharge From Brownfield Site:
There should be no increase in surface water discharge from the site to existing sewers / watercourses. On site surface water attenuation will therefore be required if drained areas to existing sewers / watercourses are to be increased.
A 30% net reduction to existing peak discharge (up to a 1/100 yr storm + 40% CC) will be required if the site is being re-developed. A full justification will be required where the development cannot achieve the 30% betterment on the existing run-off rate.
10. On Site Surface Water Management:
The site is required to accommodate rainfall volumes up to 1 in 100 year return period (plus climate change) whilst ensuring no flooding to buildings or adjacent land.
The applicant will need to provide details and calculations including any below ground storage, overflow paths (flood routes), surface detention and infiltration areas etc. to demonstrate how the 100 year + 40% CC rainfall volumes will be controlled and accommodated.
Where cellular storage is proposed and is within areas where it may be susceptible to damage by excavation by other utility contractors, warning signage should be provided to inform of its presence. Cellular storage and infiltration systems should not be positioned within highway.
Guidance on flood pathways can be found in BS EN 752.
11. A Flood Risk Assessment (FRA) should be provided for the proposed development site, in accordance with the NPPF. Where the site is at risk of flooding (Fluvial and Pluvial), details of place of refuge/evacuation should be considered and sign up to the Environment Agency Flood Warning Service.
12. If the development is proposing to make a new highway drainage connection to an existing highway drainage system, detailed CCTV surveys and modelling of the existing highway drainage system will be required to determine the capability to accept additional flow. Discharge will be limited to greenfield run-off rates.
04 Highways
With regard to discharging Condition 10 of this Planning Permission, please note that the works in the highway will require the applicant to enter into a s278
Legal agreement. Contact should therefore be made with David Phillips
david.phillips@rotherham.gov.uk as soon as is practical.
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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