| 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 numbered 3, 8, 12, 16 and 17 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 numbers 3, 8, 12, 16 and 17 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
17_174_552-MM-C-WH-DR-C-110_001 Rev P01 – Location Plan
17_174_552-MM-C-WH-DR-C-110_002 Rev P01 – Site 1 General Arrangement
17_174_552-MM-C-WH-DR-C-110_003 Rev P01 – Site 2 General Arrangement
17_174_552-MM-C-WH-DR-C-110_004 Rev P01 – Site 3 General Arrangement
17_174_552-MM-C-WH-DR-C-110_005 Rev P01 – Sites 4 and 5
17_174_552-MM-C-WH-DR-C-040_001 Rev P04 – Overview Plan
17_174_552-MM-C-WH-DR-C-050_007 Rev P01 – Alma Row Highway Works
17_174_552-MM-C-WH-DR-C-060_001 Rev P05 – Flood Storage Embankment
17_174_552-MM-C-WH-DR-C-060_006 Rev P01 – Highways General Arrangement
17_174_552-MM-C-WH-DR-C-060_007 Rev P01 – Flood Storage Site Plan
17_174_552-MM-C-WH-DR-C-060_008 Rev P01 – Flood Storage Reservoir Plan
17_174_552-MM-C-WH-DR-C-060_010 Rev P06 – Worrygoose Lane Retaining Wall
17_174_552-MM-C-WH-DR-C-060_020 Rev P05 – Royds Moor Hill General Arrangement
17_174_552-MM-C-WH-DR-C-060_021 Rev P02 – Royds Moor Hill Plans
17_174_552-MM-C-WH-DR-C-060_031 Rev P01 – Landscape Masterplan Sheet 1
17_174_552-MM-C-WH-DR-C-060_032 Rev P01 – Landscape Masterplan Sheet 2
17_174_552-MM-C-WH-DR-C-060_033 Rev P01 – Landscape Masterplan Sheet 3
17_174_552-MM-C-WH-DR-C-060_035 Rev P01 – Landscape Masterplan Sheet 4
17_174_552-MM-C-WH-DR-C-090_001 Rev P06 – Outlet Structure
17_174_552-MM-C-WH-DR-C-090_013 Rev P01 – Flow Control Structure
17_174_552-MM-C-WH-DR-C-090_002 Rev P01 – Flow Control Structure
Reason
To define the permission and for the avoidance of doubt.
General Amenity
03
Prior to any works commencing on site a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties by effectively controlling:
• Noise & vibration arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise noise on site. Regard shall be had to the guidance detailed in BS5228 2009: ‘Noise and Vibration Control on Construction Sites’.
• Dust arising from all construction and demolition related activities - Contractors and site staff are expected to use the best practical means to minimise dust on site. Regard shall be had to the guidance detailed in Institute of Air Quality Management- Guidance of the assessment of dust from demolition and construction 2014.
• Artificial lighting used in connection with all construction related activities and security of the construction site - Contractors and site staff are expected to use the best practical means to minimise light nuisance on site. Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
The CEMP to be submitted shall be in report format and as a minimum is to include the following details as specified in the subheadings below:
• Program and Phasing Details
o Site layout
o Operational hours
o Expected duration of demolition and construction work phases
• Site Management
o Contact details of site manager for public liaison purposes
o Complaints procedure - Roles and responsibilities
• Routes for Construction Traffic
o Routes to be used for access onto site and egress
o One way systems
o Haul routes (onsite and delivery)
• Site Access, Storage and Movement of Materials
o Delivery access point details
o Location details of storage / loading / unloading of materials / plant areas
o Parking / turning facilities for construction staff / deliveries
o Location of site compound
o Delivery times of materials and plant
o Details of how the development will legally take access from the adjacent highway i.e. s278 or s184 agreement
o Traffic Management measures to ensure safe access and egress to the site
• Dust, Debris and Mud
o Screening and hoarding
o Preventative measures
o Dust suppression measures
o General and machinery
o Wheel wash facilities
o Road sweeping facilities
o Covering of dusty stockpiles
o Vehicles carrying dusty loads
o Dust monitoring
o Boundary checks
o Monitoring of weather including wind speed and direction, dry conditions etc
• Noise and Vibration Control
o Silencing of vehicles, plant and machinery
o Mitigation measures for noisy operations
o Operational hours
o One way systems
o Vehicle reverse alarms
o Leaflet drops to noise sensitive premises
• Artificial Lighting
o Hours of operation of the lighting
o Location and specification of all of the luminaires
o Level of maintained average horizontal illuminance for the areas that needs to be illuminated
o Predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity
o Measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site
• Waste Management
o Waste storage
o Waste collection
o Recycling
o Waste removal
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Highways
04
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.
Drainage
05
No building or other obstruction including landscape features shall be located over or within 4 metres either side of the centre line of the public sewer i.e. a protected strip width of 8 metres, that crosses the site. Furthermore, no construction works in the relevant area(s) of the site shall commence until measures to protect the public sewerage infrastructure that is laid within the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority.
The details shall include but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times. If the required stand-off or protection measures are to be achieved via diversion or closure of the sewer, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that, prior to construction in the affected area, the approved works have been undertaken.
Reason
In the interest of public health and maintaining the public sewer network.
06
The development shall be carried out in accordance with the submitted flood risk assessment prepared by Mott MacDonald reference 17_174_552-MM-C-WH-RP-C-030_012-P03-3, dated July 2025.
The measures included within the approved FRA shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.
Reason
To reduce the risk of flooding to the Village of Whiston.
07
The development shall be carried out in accordance with the submitted Water Framework Directive (WFD) Impact Assessment by Mott MacDonald (reference 100104772-001 | 17_174_552-MM-C-WH-RP-E-020_015-P02 Revision P03, dated 16 July 2025) and the Geomorphology Detailed Design Technical Note by Mott MacDonald (reference 17_174_552-MM-C-WH-RP-E-020_017- P01-3 dated 10 July 2025) and the following mitigation measures they detail:
• The channel gradient through the FCS is to be set to match the natural gradient of the channel.
• The rip rap scour protection upstream and downstream of the FCS is to be buried and overlain with natural bed material.
• Baffles and resin or cement-ground gravels are to be fixed to the surface of the channel through the FCS.
• Improvement works are to be undertaken to re-naturalise the channel, reinstate natural morphological features and improve flow diversity that is additional to the re-meandering and ditch improvements being undertaken for BNG. These include, re-meandering a section of channel, incorporating a two-stage channel with lateral berms, culvert removal, creation of backwater pools and new wetland areas.
• Royds Moor Hill Bridge - The concrete bed of the culvert is to be set 150mm below the existing bed and overlain with natural substrate.
• Royds Moor Hill Bridge - The base of the culvert is to be designed with a meandering low flow channel.
These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.
Reason
The Water Framework Directive (WFD) is a European directive that imposes legal requirements to protect and improve the water environment.
08
No development shall take place until an updated and final scheme for habitat mitigation, compensation and enhancement (including detailed designs and associated plans) has been submitted to, and agreed in writing by, the local planning authority. Thereafter, the development shall be implemented in accordance with the approved plans.
The detailed scheme should include (but not be limited to) detailed design drawings of the following:
• Sections of the watercourse that are to be de-culverted. The location and extent of de-culverting should be identified, as well as detailed design for the de-culverted section.
• As well as any detailed designs for watercourse enhancement and re-naturalisation that have not yet been submitted
• Detailed designs for the re-meandered/re-naturalised channels that show detailed designs for berm creation, as well as any in-channel morphological features such as riffles and pools.
• Designs for backwater areas.
• Detailed information on channel bed substrate.
Reason
While an overview of the re-naturalised channel has been submitted, the application outlines further mitigation to include de-culverting and further watercourse enhancement and re-naturalisation, of which no further information or detailed designs have been provided on the specification of channel physical modifications/enhancements. This information is required prior to construction of the proposed development.
Landscapes
09
Landscaping of the site as shown on the approved plans (Mott Macdonald drawing nos. 17_174_552-MM-C-WH-DR-C-060_031 P01, 17_174_552-MM-C-WH-DR-C-060_032 P01, 17_174_552-MM-C-WH-DR-C-060_033 P01, 17_174_552-MM-C-WH-DR-C-060_035 P01) shall be carried out during the first available planting season after commencement of the development and thereafter maintained for the lifetime 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.
10
A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public realm areas shall be submitted to and approved by the Local Planning Authority prior to the completion or first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Trees
11
All tree protection and mitigation measures shall be implemented in full accordance with the submitted Arboricultural Method Statement and Tree Protection Plans (Mott MacDonald, March 2025). Evidence shall be submitted to the Local Planning Authority to show that the development is being carried out in accordance with the method statement and tree protection plan before construction works commence and then every three months during the build. This should include a written record of the project arboriculturist site visits and/or a set of photos of the detailed tree protection fencing in place throughout the duration of the development.
Where works are proposed within the Root Protection Areas (RPAs) of retained trees, all excavation must be carried out under the supervision of a qualified Arboriculturist, as set out in the AMS.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change.
Ecology
12
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
Reason
In the interests of biodiversity and ecology.
13
Notwithstanding the submitted details, before above ground works commence details of 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.
14
No removal of hedgerows, trees, shrubs, brambles, ivy, other climbing plants or works to or demolition of buildings or structures that may be used by breeding birds 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.
15
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.
16
No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.
The CEMP (Biodiversity) shall include the following:
a) Risk assessment of potentially damaging construction activities.
b) Identification of “biodiversity protection zones”.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.
Reason
In the interests of biodiversity and ecology.
17
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.
18
The development shall not be brought into use 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.
Coal Mining
19
Prior to the development 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 completion of any remedial works and/or mitigation necessary, as detailed within Section 6.2 of the Coal Mining Risk Assessment (April 2025, Mott MacDonald).
Reason
To address the risks posed by past coal mining activity.
Archaeology
20
The document ‘Whiston Brook Flood Alleviation Scheme Specification for archaeological investigation Site 3’ version P01 sets out a strategy for archaeological investigation that has been approved in writing on behalf of the Local Planning Authority. The development within Site 3 shall only take place in accordance with the approved Written Scheme of Investigation (WSI) unless an updated WSI and timetable has been submitted to and approved in writing by the Local Planning Authority. 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 Royds Moor Bridge, 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.
21
Part A (pre-commencement)
No development, including any demolition and groundworks, shall take place within Site 2 until the applicant, or their agent or successor in title, has submitted 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 confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason
To ensure that any archaeological remains present 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.
Land Contamination
22
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. 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.
Reason
To ensure the safe occupation of the site.
23
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.
Informative(s)
01
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.
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
In respect of condition 10 (Landscape Management Plan), please note that a Management Plan 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.
04
Fish passage - advice to LPA/applicant
An eel’s regulation compliance assessment has been completed by fisheries specialists at the Environment Agency for the Whiston Brook Flood Alleviation Scheme. The assessment concludes that the design should consider implications for eel passage and how this will be mitigated. Of particular importance is passage through the new flood control structures, the re-naturalised channel (both site 2) and the upsized culvert (site 3). Note fish passage should also be provided for salmonid species.
The applicant is expected, at their own cost, to install and maintain a fish and/or eel pass in an efficient state. Any proposal should not affect the operation of an existing fish or eel pass or the ability for that pass to be maintained.
We are responsible for approving fish passes, including those built by external developers. The form and dimensions of the pass are recommended for approval by the Environment Agency, as advised by our National Fish Pass Panel (NFPP). Where a pass is not in accordance with best practice, or is novel or unconventional, detailed consideration by the NFPP, and subsequent monitoring, is likely to be required before approval is given.
Design, construction, and liability are the responsibility of the site owner or applicant. We will not undertake the design of eel pass, screen and/or by-wash arrangements for third parties.
05
Environmental permit - advice to applicant
The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:
• on or within 8 metres of a main river (16 metres if tidal)
• on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal)
• on or within 16 metres of a sea defence
• involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
• in the floodplain of a main river if the activity could affect flood flow or storage and potential impacts are not controlled by a planning permission
For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities-environmental-permits or contact our National Customer Contact Centre on 03708 506 506.
The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.
We will consider impacts on flood risk and conservation as part of assessing the permit application and are likely to include the following conditions on the permit (in addition to others not specifed here):
• Mitigation within the FCS - including embedding substrate in the bed - should be completed under the supervision of a suitably qualified geomorphologist.
• Enhancements to Whiston Brook, including - remeandering, two-stage channel incorporation, culvert removal, creation of back water pools and wetland areas, berm installation - should be completed under the supervision of a suitably qualified geomorphologist.
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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