| 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 before development can start. Conditions numbered 04 of this permission require matters to be approved 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 04 are 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.’
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
Drawing number;
AES-0444 Sheet 02 and Rev 2 and AES-0444 Sheet 03 and AES- 0444 Sheet 04 Rev 2 - Received 9 April 2024
AES-0444 Sheet 05 Rev 1 Received 20 August 2025
AES-0444 Sheet 1 Rev 4 Received 9 September 2025
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 drawing no AES-0444 Sheet 1 Rev 4 received 9 September 2025. The development shall thereafter be carried out in accordance with these details.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
04
The development hereby granted shall not begin until details of the foul and surface water drainage for the site have been submitted to and approved by the Local Planning Authority. The approved 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 dwelling.
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.
05
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.
06
When the proposed accesses are brought into use, the existing vehicle access will require permanent closure, and the kerb line / footway reinstated accordingly
Reason
In the interests of highway safety.
07
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (England) Order 2015 (as amended) (or any Order
revoking and re-enacting that Order with or without modification) the garage
shall be made available at all times for car parking purposes.
Reason
To ensure that there is sufficient off road parking
08
All gates shall be hung so as not to encroach into the highway when open or being opened.
Reason
In the interests of highway safety.
09
Before the development is brought into use the car parking area for No. 38 as shown on the approved plan ref AES-0444 Sheet 4 Rev 2 shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
10
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 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.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework, December 2023.
11
If virgin material, subsoil/topsoil materials 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.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 189 and 190 of the National Planning Policy Framework, December 2023
12
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 improvements to biodiversity in and around development
13
Prior to the occupation of the dwelling, details of an Electric Vehicle Charging connection point shall be submitted to and approved by the Local Planning Authority. The dwelling shall not be occupied until the approved charger has been provided, and it shall thereafter be retained.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
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 required by condition 12 should include the following:
• 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.
• 3 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
Drainage Informatives
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.
Developments should have floor levels set higher than the recorded flood level or a minimum of 300mm above proposed ground level.
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
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.
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.
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
INF 11A Control of working practices during construction phase (Close to residential)
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.
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 further amended during the application process. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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