| Conditions / Reason for Refusal: |
01
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)
2557-PL01 Site Location Plan (Phase 1) Rev B
JHY-1102-200 Site Layout Rev AI
2557-PL09 Building height parameter plan Rev A
2557-SK14 Indicative Layout to the north-east of Phase 1
JHY-1102-SS(A) - Street Scene A
JHY-1102-SS(B) - Street Scene B
JHY-1102-203 Rev J - Materials Layout
JHY-1102-202 Rev B - Boundaries Treatment Plan
JHY-1102-299 25 degree line between 18 Holliwell Close and plot 20
Pumping Station Control Panel Kiosk and Storage Kiosk 28161/GA/0010 Rev A01
Pumping Station Site Compound 28161/SL/0020 Rev A01
Surface Water Routing Plan 10064-SK03 Rev F
House Type Plans
2557-PL232 Prop. elev. and floor plans-Garages Rev A
JHY-1102-ELCP-01B Chelsea, Chester, Winchester, house types
JHY-1102-ELCP-02B Chelsea, Chester, Winchester house types
JHY-1102-ELCP-03A Birch house type
JHY-1102-ELCP-05B Banbury house type
JHY-1102-ELCP-06B Bayswater house type
JHY-1102-ELCP-07B Bentley house type
JHY-1102-ELCP-08A Barbridge house type
JHY-1102-ELCP-09B Stratton II house type
JHY-1102-ELCP-10 Baycliffe A house type
JHY-1102-ELCP-11 Baycliffe B house type
Reason
To define the permission and for the avoidance of doubt.
02
The materials to be used in the construction of the external surfaces of the
development hereby permitted shall be in accordance with the details on the
approved Material Layout JHY-1102-203 Rev J.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Local Plan Policy.
03
The boundary treatment shall be provided on site in accordance with the approved
Boundaries Treatment Plan JHY-1102-202 Rev B. The approved boundary treatment
shall be implemented prior to the occupation of each dwelling.
Reason
In the interests of the visual amenity of the area and in accordance with the
Local Plan.
04
The entrance features shall be implemented in accordance with the details approved in application RB2021/1059.
Reason
In the interests of visual amenity.
Transportation/Sustainability
05
The approved works to Grange Lane / Stainton Lane as approved in application RB2021/1060 shall be implemented on site.
Reason
In the interest of highway safety.
06
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 in accordance with the
Local Plan and the South Yorkshire Interim Local Guidance for Sustainable
Drainage Systems.
07
The Travel Plan approved in application RB2021/1059 shall be implemented in accordance with the approved programme of implementation.
Reason
To promote sustainability in accordance with the Local Plan and the NPPF.
08
Details of road sections, constructional and drainage details, and timing of the carrying out of the works, shall be carried out as approved in application RB2021/1060.
Reason
In the interest of highway safety.
09
The Construction Management Plan approved in application RB2021/1059 shall be implemented throughout the construction period.
Reason
In the interests of highway safety and residential amenity.
10
Electric vehicle charging points for each dwelling as approved in application RB2021/1059 shall be provided in accordance with the approved timetable.
Reason
To promote sustainability in accordance with the Local Plan and the NPPF.
Contaminated Land
11
In the event that during development works unexpected significant contamination
(including asbestos containing materials) is encountered at any stage of the
process, 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 Planning Authority. Works thereafter shall be carried out in accordance with
the approved details.
Reason
To ensure that risks from land contamination to the future users of the land and
neighbouring land are minimised, together with those to controlled waters, property
and ecological systems, and to ensure that the development can be carried out
safely without unacceptable risks to workers, neighbours and other offsite receptors.
12
If subsoils / topsoils are required to be imported to site for remedial works, then
these soils will need to be tested at a rate and frequency to be agreed with the Local
Planning Authority to ensure they are free from contamination. The results of testing
will need to be presented in the format of a Validation Report. The site shall not be
brought into use until such time as all validation data has been approved by the
Local Planning Authority.
Reason
To ensure that risks from land contamination to the future users of the land and
neighbouring land are minimised, together with those to controlled waters, property
and ecological systems, and to ensure that the development can be carried out
safely without unacceptable risks to workers, neighbours and other offsite receptors.
Ecology
13
No direct access shall be created from the rear boundary of the residential plots into
the buffer planting area to the south of the site, and the buffer planting area shall be
gated at either end.
Reason
To prevent unauthorised access in the interests of general amenity.
14
Bird and bat boxes as approved in application RB2025/1059 shall be provided on site.
Reason
In the interest of local ecology in accordance with the Local Plan and the
NPPF.
Landscaping and Trees
15
Landscaping for buffers and plots for Phase 1 of the site as shown on the approved
landscape plan (Weddle Landscape Design drawing no. 587/GLM09 Revision A &
587/GLM11 Revision A and approved phasing plan BE1 Architects Ltd drawing no.
2557 /SK13 Revision C) shall be carried out during the first available planting
season after first occupation 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 and in accordance with the NPPF and the Development Plan
16
Landscaping to public open space areas for Phase 1 of the site as shown on the
approved landscape plan (Weddle Landscape Design drawing no. 587/GLM10
Revision A) shall be carried out during the first available planting season after
occupation of the 75th dwelling. 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 the NPPF and the Development Plan.
Play Area
17
The LEAP as approved in application RB2022/1495 shall be provided on site prior to the occupation of the 75th dwelling.
Reason
In the interests of the amenity of the residents in accordance with the Local
Plan.
Levels
18
Finished floor levels of the approved properties shall be as approved in application RB2021/1059.
Reason
For the avoidance of doubt and in the interests of the amenity of the existing
residents adjoining the site in accordance with the Local Plan.
Drainage
19
The foul and surface water drainage scheme and its maintenance plan approved in application RB2021/1060 shall be implemented on site.
Reason
To ensure that the development can be properly drained in accordance with the
Local plan and the NPPF.
20
The flood route drawing for the site approved in application RB2021/1060 shall be
implemented prior to the first occupation of the development.
Reason
To ensure that the development can be properly drained and will be safe from
flooding in accordance with the Local plan and the NPPF.
21
On the completion of the 75th dwelling, a timetable for the removal of the temporary
pumping station facility, including associated equipment/kiosks and any boundary
treatment, shall be submitted to and approved in writing by the Local Planning
Authority. The removal shall take place in accordance with the approved timetable.
Reason
In the interest of visual amenity in accordance with the NPPF and the Development
Plan.
Noise
22
The recommended mitigation measures included in chapter 7.0 and 8.0 of the Noise
Report dated November 2016 shall be implemented before each dwelling is
occupied and thereafter retained/maintained.
Reason
In the interest of residential amenity of the future occupiers of the dwellings.
Archaeology
23
The Written Scheme of Investigation (WSI) setting out archaeological investigations approved in application RB2022/0588 shall be implemented on site in accordance with the approved timetable.
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.
Telecommunication
24
Gigabit-capable full fibre broadband shall be provided on site in accordance with the approved details in application RB2022/1495
Reason
In accordance with Local Plan Policy SP61 Telecommunications and Chapter 10 of
the NPPF
Conditions relating to Phases 2, 3 and 4 Outline Planning Permission
General
01
a. Application for approval of reserved matters must be made within the
following time periods (respectively):
Phase 2 3 years
Phase 3 4 years
Phase 4 5 years
of the date of the original permission which was 05-08-20
b. The development hereby approved must be begun not later than whichever is the later of the following dates:
I. The expiration of five years from the date of the original permission which
was 05-08-20; OR
II. The expiration of two years from the final approval of the reserved matters or,
in the case of approval on different dates, the final approval of the last such matter
to be approved.
Reason
In order to comply with the requirements of the Town and Country Planning Act
1990.
02
Before the commencement of the development within each Phase, details of the
layout, scale, appearance, access and landscaping of the site shall be submitted to
and approved by the Local Planning Authority and the development shall be carried
out in accordance with the approved details.
Reason
No details of the matters referred to having been submitted, they are reserved for
the subsequent approval of the Local Planning Authority.
03
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)
2557-SK21 Site Location Plan (Wider Site)
2557-PL02 Indicative Masterplan Rev L
2557-SK23 Managed Areas Plan B
2557-PL04 Constraints & Opportunities
2557-PL05 Access & movement parameter plan Rev B
2557-PL06 Open space & Green amenities parameter plan Rev A
Reason
To define the permission and for the avoidance of doubt.
04
The development shall be carries out in accordance with the approved Indicative
Phasing Plan 2557-SK13 Rev C.
Reason
To ensure the implementation of a phased scheme of development.
05
Reserved matters applications for each phase shall include the following information
Noise Assessment Report
Boundary Treatment Plan
Construction Management Plan
Ecology Report
Design and Access Statement
Building Height Parameter Plan
Details of public open space and play areas
Travel Plan
Materials schedule
Management Plan to show areas to be maintained by Management Company
Reason
To ensure a consistent and co-ordinated design approach, in the interests of the
satisfactory function and appearance of the development.
06
Reserved matters application for Phase 4 shall include Vehicle Intervention
measures at the point where the Maltby Public Footpath No.2 leaves the application
site becoming Maltby Public Footpath No18.
Reason
In the interest of amenity of future residents of the site.
Transport
07
Before the development is brought into use, that part of the site to be used by
vehicles shall be 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.
The area 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 and in accordance with
Local Plan Policies.
08
Details of electric vehicle charging points for each dwelling and the timetable for
their provision shall be submitted to and approved in writing by the Local Planning
Authority. The approved details shall be implemented in accordance with the agreed
timetable.
Reason
To promote sustainability in accordance with the Local Plan and the NPPF.
Drainage
09
Prior to the commencement of construction of roads or dwellings in each Phase of
the development a foul and surface water drainage scheme for that Phase, based
on sustainable drainage principles and an assessment of the hydrological and hydro
geological context of the development, shall be submitted to and approved in writing
by the Local Planning Authority. The scheme shall include the construction details
and shall subsequently be implemented in accordance with the approved details
before each phase of the development is completed. The scheme to be submitted
shall demonstrate:
The utilisation of holding sustainable drainage techniques (e.g.
Soakaways);
The limitation of surface water run-off to equivalent greenfield rates (i.e.
Maximum of 5 litres/second/Ha);
The ability to accommodate surface water run-off on-site up to the critical 1
in 100 year event plus a 30% allowance for climate change, based upon the
submission of drainage calculations; and
A maintenance plan including responsibility for the future maintenance of
drainage features and how this is to be guaranteed for the lifetime of the
development.
Reason
To ensure that the development can be properly drained in accordance with the
Local plan and the NPPF.
10
Prior to the commencement of construction of roads or dwellings in each Phase of
the development a flood route drawing for that Phase showing how exceptional
flows generated within or from outside the site will be managed including overland
flow routes, internal and external levels and design of buildings to prevent entry of
water, shall be submitted to and approved by the Local Planning Authority and each
Phase of the development shall not be brought into use until such approved details
are implemented.
Reason
To ensure that the development can be properly drained and will be safe from
flooding in accordance with the Local plan and the NPPF.
11
Prior to its construction, details of the relocated pumping station facility, including
associated equipment/kiosks and its boundary treatment, shall be submitted to and
approved in writing by the Local Planning Authority. The approved details shall be
implemented on site.
Reason
In the interest of visual amenity in accordance with the NPPF and the Development
Plan.
Landscaping
12
All applications for the approval of reserved matters for subsequent Phases of
development shall have regard to the landscape masterplan (Weddle Landscape
Design drawing no. 587/GLM08 Revision K) and where not detailed in the
masterplan shall include a detailed planting plan for landscape buffers, public open
space and plot landscaping. Such plans shall be prepared to a minimum scale of
1:200 and shall clearly describe:
- 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 maintenance for the lifetime of the
development and a schedule of operations, including replacement planting,
that will be carried out for a period of 5 years after completion of the planting
scheme.
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 the NPPF and the Development Plan.
Land Contamination
13
In the event that during development works unexpected significant contamination
(including asbestos containing materials) is encountered at any stage of the
process, 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 Planning 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.
Reasons
To ensure that risks from land contamination to the future users of the land and
neighbouring land are minimised, together with those to controlled waters, property
and ecological systems, and to ensure that the development can be carried out
safely without unacceptable risks to workers, neighbours and other offsite receptors.
14
Prior to occupation if subsoils / topsoils are required to be imported to site for soft
landscaping areas, then these soils will need to be tested at a rate and frequency to
be agreed with the Local Planning Authority to ensure they are free from
contamination. The results of testing will need to be presented in the format of a
Validation Report.
Reasons
To ensure that risks from land contamination to the future users of the land and
neighbouring land are minimised, together with those to controlled waters, property
and ecological systems, and to ensure that the development can be carried out
safely without unacceptable risks to workers, neighbours and other offsite receptors.
Ecology
15
A buffer area with a minimum width of 15m shall be provided along the eastern
boundary, and a 5m wide buffer shall be provided along the southern boundary of
the application site, and they shall be retained in perpetuity.
Reason
To provide a buffer between the built development and the wood in interests of
ecology, and between the built development and existing houses in the interest of
amenity.
16
Details of fencing along the eastern boundary of the site adjacent to the wood shall
be submitted for approval of the Local Planning Authority, along with a timetable for
its implementation. The approved fencing shall be erected in accordance with the
approved timescale.
Reason
To limit access points into the woods in the interest of ecology.
Archaeology
17
The Archaeological Evaluation Report approved under application RB2023/1470 shall be fully implemented in accordance with the approve timetable set out in the Written Scheme of Investigation or alternative timescales agreed.
Reason
To ensure that the site is archaeologically evaluated in accordance with an approved scheme and that sufficient information on any archaeological remains exists to help determine any reserved matters and to comply with policies SP42 and SP43 of the Rotherham Local Plan.
Informatives
01
The planning permission is subject to a Legal Agreement (Obligation) under
Section 106 of the Town and Country Planning Act 1990. The S106
Agreement is legally binding and is registered as a Local Land Charge. It is normally
enforceable against the people entering into the agreement and any subsequent
owner of the site.
02
Wildlife Legislation
Nature conservation protection under UK and EU legislation is irrespective of the
planning system and the applicant should therefore ensure that any
activity undertaken, regardless of the need for any planning consent, complies with
the appropriate wildlife legislation. If any protected species are found on the site
then work should halt immediately and an appropriately qualified ecologist should be
consulted. For definitive information primary legislative sources should be
consulted.
03
Lighting
Wildlife friendly lighting should be used where possible. This should follow the Bat
Conservation Trusts Bats and lighting and other more recent guidance which is
available from the BCT, South Yorkshire Bat Group or RMBC.
04
Nesting bird
Site clearance should ideally be outside of the bird nesting season. If vegetation
clearance is required in the bird nesting season (March-August) then a qualified
ecologist should be employed to check the area first and ensure that no nesting
species are present. No works can take place whilst birds are actually nesting.
05
Badgers
There was no evidence or characteristic signs of badger or their setts within the site
or immediately surrounding the site. Due to their potential presence within the wider
area, highly mobile nature of the species and readiness of which they can establish
setts it is recommended that precautionary pre-commencement development
checks are undertaken The site and an area of 30m around the site will be surveyed
for the possible presence of badger setts immediately prior to commencement of
construction.
06
Severn Trent
Severn Trent Water advises that there is a public sewer located within the
application site. Public sewers have statutory protection by virtue of the Water
Industry Act 1991 as amended by the Water Act 2003 and you may not build close
to, directly over or divert a public sewer without consent. You are advised to contact
Severn Trent Water to discuss your proposals. Severn Trent Water will seek to
assist you in obtaining a solution which protects both the public sewer and the
proposed development.
07
You should note that the Councils Neighborhood Enforcement Team 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.
08
Landscape Management Plan.
This may be expected to set out, graphically and / or in writing, the overall functional
and aesthetic objectives of a landscape scheme and the steps such as legal
arrangements including ownership and management responsibilities, planned
maintenance tasks, phased works, and monitoring procedures that will be taken
after implementation to ensure that the scheme establishes successfully and is
sustainable in the long-term.
09
The site layout shall be designed in accordance with guidance from the South
Yorkshire Residential Design Guide and Manual for Streets, and on site car parking
shall comply with the Councils Car Parking Standards
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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