| Conditions / Reason for Refusal: |
01
The Council considers that the increased site area results in a development that harms an area allocated as Green Space in the adopted Rotherham Local Plan. Although some additional landscaping is proposed, this will create limited overall improvement to the Green Space and still impairs the designation of that Green Space to provide an irreplaceable amenity buffer role between residential areas and the road infrastructure. This land also provides a break in the urban area and is therefore contrary to the NPPF and Local Plan Policy CS22 ‘Green Space’ and SP38 ‘Protecting Green Space’.
02
The Council also considers that the boundary fence results in a poor form of development that fails to take the opportunities available for improving the character and quality of the area and is therefore contrary to the NPPF and Local Plan Policy SP55 ‘Design Principles’.
03
Visibility at the junction of Fellowsfield Way and Wortley Road (A629) is severely restricted in a south easterly direction by the adjacent fencing, such that the driver of a vehicle exiting Fellowsfield Way must emerge into the highway before an acceptable degree of visibility is available, to the detriment of highway safety.
Informatives
The applicant should be aware that an Enforcement Notice was served on the site on 21st November 2024. This came into effect on 2nd January 2025 with a 3 month compliance period (by 2nd April 2025) The Enforcement Notice required the cessation of the use of the land allocated Green Space for use in connection with the car wash, removal of the fencing surrounding the land allocated Green Space, removal of the hard standing from the land allocated Green Space and removal of the cabin/van body from the land allocated Green Space.
The non-compliance with the requirements of the Enforcement Notice is currently an Offence under S179 of the TCPA 1990 and the LPA will prosecute should compliance not be achieved. Please contact Andy Lancashire (Principal Planning Enforcement Officer 01709212377 to discuss).
POSITIVE AND PROACTIVE STATEMENT
The applicant did not enter into any pre application discussions with the Local
Planning Authority. It is not possible to support a scheme of this nature and no
amendments have been identified at this time to make it acceptable. It was not
considered to be in accordance with the principles of the National Planning Policy
Framework and resulted in this refusal.
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