| Conditions / Reason for Refusal: |
Conditions
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 no. 020A-EE, 020B-EE, 020C-EE, 020D-EE, 002-GA, 000-EP Received 27 March 2025
Site plan Rev D received 22 May 2025
Reason
To define the permission and for the avoidance of doubt
03
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.
04
The window on the first floor side elevation of the property facing 45 High Street shall be obscurely glazed and fitted with glass to a minimum industry standard of Level 3 obscured glazing and be non-openable, unless the part(s) of the window(s) which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The window(s) shall be permanently retained in that condition thereafter.
Reason
In the interests of the amenities of the occupiers of adjoining properties.
05
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
In order to secure biodiversity enhancements on site.
Informatives
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.
02
The Biodiversity Enhancements should include (where appropriate)
• 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.
• 6 swift bricks integrated into the building on any elevation but ideally under
shadecasting eaves. They should be installed in groups of three, at a height above 5m and preferably with a 5m clearance between the host building and other buildings or obstructions. Swift bricks should be used unless these are not practical due to the nature of construction, in which case alternative designs of suitable swift boxes should be provided in their place. Example specification includes the Manthrope ‘GSWB’ Swift brick or the Vivara Pro Cambridge Brick Faced Swift Nest Box.
• 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.
03
HMO Licensing
It is advised that the applicant contacts the Local Housing Authority for details of HMO licensing requirements.
Contact details of the HMO Licensing department are as follows:
Housing Licensing,
Community Protection Unit
Regeneration & Environment Services
Riverside House
Main Street
Rotherham,
S60 1AE
Tel: 01709 823118
Email: landlordlicensing@rotherham.gov.uk
04
We recommend that the building is refurbished to Secured by Design standards.
www.securedbydesign.com
As the building must comply with approved document Q this, would require no further financial investment but would add significant value to the development.
Lighting
Entrances to the building should be well lit with a dusk to dawn sensor light
incorporating an LED light source.
All street lighting should comply with BS5489.
There should be no dark areas where someone could hide.
Security of Dwellings
All entrances into the building, individual flat door sets and all ground floor windows
should be to the required standard for Secured by Design of Pas 24:2022.
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
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