| Conditions / Reason for Refusal: |
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below)
Drawing numbers 005/003/066/ BS001/ BS002/ BS101/ Lighting Plan LS4066930b (received 27/11/2024)
Drawing numbers 005/003/066-BS102 Rev A/BS003 Rev A/BS502/BS005/BS006/BS604/BS605 (received 28/05/2025)
Drawing numbers 005/003/066/ BS004 Rev A (received 23/07/2025).
Reason
To define the permission and for the avoidance of doubt.
03
The external lighting shall be in accordance with the details approved under discharge of condition application RB2025/0721, unless otherwise agreed in writing with the Local Planning Authority.
Reason
To protect species protected by law.
04
No removal of hedgerows, trees or shrubs 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
To protect species protected by law.
05
The biodiversity enhancement scheme, shall be undertaken in accordance with the details approved under discharge of condition application RB2025/0721, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In order to ensure that the required levels of BNG are provided on site.
06
The development shall proceed in accordance with Habitat Management and Monitoring Plan (HMMP) approved under discharge of condition application RB2025/0721, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In order to ensure that the required levels of BNG are provided on site.
07
The landscaping scheme shall be implemented in accordance with the details approved under discharge of condition application RB2025/0721, unless otherwise agreed in writing with 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 SP32 ‘Green Infrastructure and Landscape.’
08
No development above ground level shall take place until details of the materials to be used in the construction of the external surfaces of the development, including the ramp, hereby approved have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details/samples.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with SP55 ‘Design Principles.’
INFORMATIVE
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
Please note that Informative 1 relates to Biodiversity Net Gain, and notes that this
permission 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 Informative adds that 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).
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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