| 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 and/or carried out before development can start. Conditions number 14 of this permission requires matters to be approved and/or carried out 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 number 14 is 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, or matters carried out.’
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
4167-02-AWSM-XX-XX-DR-A-200 Rev P3 – Location Plan
4167-02-AWSM-XX-XX-DR-A-S0-201 Rev P6 – Site Plan
4167-02-AWSM-XX-XX-DR-A-270 Rev P2 – Plots 1 and 2 Plans
4167-02-AWSM-XX-XX-DR-A-271 Rev P1 – Plots 3 and 4 Plans
4167-02-AWSM-XX-XX-DR-A-S0-206 Rev P1 – Boundary Treatment
4167-02-AWSM-XX-XX-DR-A-260 Rev P5 – Site Sections
R/2855/3A – Landscape Details
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 development hereby permitted shall be in accordance with the details provided in the submitted application form/shown on drawing nos. 4167-02-AWSM-XX-XX-DR-A-270 Rev P2 and 4167-02-AWSM-XX-XX-DR-A-271 Rev P1. 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.
04
The boundary treatment detailed on drawing number 4167-02-AWSM-XX-XX-DR-A-S0-201 Rev P6 and 4167-02-AWSM-XX-XX-DR-A-S0-206 Rev P1 shall be installed prior to the first dwelling being occupied and shall thereafter be retained and maintained.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
General Amenity
05
Except in case of emergency, no operations shall take place on site other than between the hours of 0800 to 1800 hours Monday to Friday and between 0900 to 1300 hours on Saturdays. There shall be no working on Sundays or Public Holidays. At times when operations are not permitted work shall be limited to maintenance and servicing of plant or other work of an essential or emergency nature. The Planning Authority shall be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
06
All machinery and vehicles employed on the site shall be fitted with effective silencers of a type appropriate to their specification and at all times the noise emitted by vehicles, plant, machinery or otherwise arising from on-site activities, shall be minimised in accordance with the guidance provided in BS5228:2009 'Noise Control on Construction and Open Sites', and Minerals Planning Guidance Note 11 (1993) 'The Control of Noise at Surface Mineral Workings'.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
07
At all times during the carrying out of operations authorised or required under this permission, best practicable means shall be employed to minimise dust. Such measures may include water bowsers, sprayers whether mobile or fixed, or similar equipment. At such times when due to site conditions the prevention of dust nuisance by these means is considered by the Planning Authority in consultations with the site operator to be impracticable, then movements of soils and overburden shall be temporarily curtailed until such times as the site/weather conditions improve such as to permit a resumption. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
08
Effective steps shall be taken by the operator to prevent the deposition of mud, dust and other materials on the adjoining public highway caused by vehicles visiting and leaving the site. Any accidental deposition of dust, slurry, mud or any other material from the site, on the public highway shall be removed immediately by the developer.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
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.
Electric Vehicle Charging Points
10
The development shall be completed in accordance with the approved electric vehicle charging details shown on plan ref: 4167-02-AWSM-XX-XX-DR-A-S0-201 Rev P6 and retained in perpetuity. Each dwelling shall not be occupied until the charging point is provided.
Reason
In the interests of sustainable development and air quality.
Ecology and Biodiversity Net Gain
11
Notwithstanding the submitted details, before the installation of any external lighting, details 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. 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.
12
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.
13
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.
14
The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan has been submitted to, and approved in writing by, the local planning authority 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.
Notice in writing shall be given to the Council when the HMMP works have started.
Reason
To ensure no net loss in biodiversity across the site.
15
No dwelling hereby approved shall be occupied until:
1) the habitat creation and enhancement works set out in the approved Habitat Management and Monitoring Plan (the HMMP) have been completed; and
2) a completion report, evidencing the completed habitat enhancements, has been submitted to, and approved in writing by the Local Planning Authority.
The created and / or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP.
Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP.
Reason
To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.
Drainage
16
The development shall be carried out in accordance with the details shown on the submitted plan, 'Drainage Strategy 6712-R01 (rev A)’ prepared by KSA, dated 17/03/25. 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
In the interest of satisfactory and sustainable drainage.
Coal Authority
17
Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.
The remedial works shall be carried out in accordance with authoritative UK guidance.
Reason
In order to ensure the safety and stability of the development.
Land Contamination
18
Prior to above ground works commencing, a Remediation Method Statement shall be provided for the approval of this Local Authority prior to any remediation/ground improvement works commencing on site. The works shall be of such a nature as to render harmless any possible 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 approved Remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. 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.
19
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.
Reason
To ensure the safe occupation of the site.
20
If virgin material, subsoil/topsoil materials are required to be imported to site for remedial works, 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.
21
Following completion of any required remedial/ground preparation works a Verification Report should be forwarded to the Local Authority for review and comment. The Verification 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 Verification 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 verification data has been approved 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
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
These are new residences and as such must comply with approved document Q of the Building Regulations, this is exactly the same standard as required by Secure by Design but using Police approved products. Especially as the drawings are stipulating Pas 24 doors. This being the case there is no additional financial cost to the development being built to Secure by Design, but it will add significant value to the properties and to the quality of life for the future residents. As such the development should be designed and built to Secured by Design www.securedbydesign.com. The following is recommended:
Defensible Space
Each dwelling should have a front boundary to a height of 1 metre to allow for visible surveillance into and from the dwellings in question.
Boundary Treatment
All rear gardens should be secured with a min 1.8m high fence.
A 1.8m lockable gate should be fitted as close the front boundary line as possible to secure the rear of the dwellings.
Surveillance
Any landscaping and front boundaries should be kept low at no more than 1 metre high and any trees to have no foliage below 2m to aid natural surveillance. Positioning of trees should be careful not to mask any Lighting Column’s.
Lighting
Any external paths and car parking areas should be well lit with an LED lighting scheme to standard BS5489 with no dark areas.
All front and rear doors should be lit with a wall mounted luminaire to provide lighting in line with standard BS5489 which should operate on a dusk to dawn sensor and spread the light downward.
Security of Dwellings
In line with SBD standards, all front / rear doors and ground floor windows should comply with PAS 24:2022.
04
Ground Investigations
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property
What is a permit and how to get one? - GOV.UK (www.gov.uk)
05
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
Please note that in order to satisfy conditions 14 and 15 as well as the mandatory BNG informative 01 details of the authorisation of the monitoring fee from Housing to the Local Planning Authority by way of either authorisation from Director of Housing Cabinet Member or Cabinet will be required. The fee which will be calculated once the Biodiversity Gain Plan and Habitat Management Plan have been submitted to discharge the relevant conditions will be ring fenced to be spent on the 30-year monitoring of the BNG habitat being created on Keeble Martin Green recreation ground.
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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