| Conditions / Reason for Refusal: |
General
01
The development hereby permitted shall be commenced before the expiration of three years from the date of the original permission (RB2022/1749) being (23/02/2027).
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
RVP-AHR-SO-XX-DR-A-00004 Rev P1 – Location Plan
5584- OOB- ZZ- ZZ- DR- L- 1001 Rev P04 – Proposed Site Plan
5584- OOB- ZZ- 00- DR- L- 1002 Rev P05 – Proposed Site Plan – Insert 1
5584- OOB- ZZ- 00- DR- L- 1003 Rev P03 – Proposed Site Plan – Insert 2
RVP-AHR-SO-XX-DR-A-09700 Rev P1 – Demolition and Relocation Plan
RVP-AHR-XX-ZZ-DR-A-20100 Rev P4 – Elevation Plans
RVP-AHR-XX-ZZ-DR-A-20000 Rev P11 – Floor Plans
RVP-AHR-B1-ZZ-DR-A-20300_C2 - 3D Axonometrics
RVP-AHR-XX-ZZ-DR-A-20200 Rev P9 – Sections
RVP-AHR-B1-RF-DR-A27-101 - P5 - GA Roof Plan
RVP-AHR-XX-ZZ-DR-A-20-401 Rev P4 – Gross External Floor Area Plans
RVP-AHR-XX-ZZ-DR-A-20-400 Rev P4 – Gross Internal Floor Area Plans
B034571 TTE 00 RVCP DR C 0501 Rev P01 – Proposed Site Levels Plan
B034571 TTE 00 RVCP DR C 0700 Rev P01 – Proposed Surface Finishes Plan
B034571 TTE 00 RVCP DR C 0500 Rev P01 – Drainage Plans
0406138-HLEA-XX-00-DR-M-600-001 Rev P01 – Environmental Treatment Strategy Plan
C1061924 rev B – Standard Distribution Substation Drawing
Reason
To define the permission and for the avoidance of doubt.
Materials
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 no. RVP-AHR-XX-ZZ-DR-A-20100 Rev P4. 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.
Before the development is brought into use the sight lines indicated on the attached plan shall be rendered effective.
Highways
04
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 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.
05
Before the new car parking area shown on the drawing number 5584-OOB-ZZ-00-DRL-1003 rev P03 is brought into use it 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.
06
Prior to the building being brought into use the electric vehicle charging points and infrastructure (cabling routes) to serve car parking spaces with charging points as shown on drawing 5584-OOB-ZZ-00-DR-L-1003 rev P03 and approved by RB2024/1645 shall be implemented in accordance with the approved details and shall thereafter be retained and maintained.
Reason
In the interests of sustainable development and air quality.
Construction Management Plan
07
The construction of the development shall be carried out in accordance with the Construction Environmental Management Plan (CEMP) submitted and approved by RB2024/1014.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Landscapes
08
The landscaping of the site shall be carried out in accordance with drawing numbers:
• RVP-ADE-XX-ZZ-DR-C-03400 rev C1
• RVP-ADE-XX-ZZ-DR-C-03405 rev C2
• RVP- OOB- ZZ- 00- DR- L- 00400 rev C06
• RVP- OOB- ZZ- 00- DR- L- 00401 rev C04
• RVP- OOB- ZZ- XX- DR- L- 00504 rev C04
• RVP- OOB- ZZ- 00- DR- L- 00101 rev C02
• RVP- OOB- ZZ- 00- DR- L- 00301 rev C02
As well as in the External Specifications document and Landscape Statement submitted and approved by RB2024/1645 within the first available planting season closest to the development first being brought.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
09
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
The boundary treatment details shown on drawing numbers RVP- OOB- ZZ- XX- DRL- 00505 rev C02 and RVP- OOB- ZZ- 00- DR- L- 00121 rev C02 approved by RB2024/1645 shall be implemented before the development is first brought into use.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
Trees
11
All tree protection method details shall be erected in accordance with the submitted Arboricultural Method Statement and Tree Protection Plan apporved by RB2024/1014. All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site.
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.
12
Landscaping of the site as shown on the approved plan (drawing nos. RVP-OOB-ZZ-00-DR-L-00400 rev C06, RVP-OOB-ZZ-00-DR-L-00401 rev C04, RVP-OOB-ZZ-00-DR-L-00504 rev C04,) shall be carried out during the first available planting season after commencement of the development and thereafter maintained for the lifetime of the development in accordance with the approve Landscape management plan (RVP-OOB-ZZ-00-RP-L-06100). 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 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
13
The development shall be carried out in accordance with the ecological mitigation measures outlined in Section 5 of the Preliminary Ecological Appraisal by Elite Ecology, dated March 2022, the Bat Survey Report by Elite Ecology dated October 2022 and Section 6 of the Reptile Report by Elite Ecology dated November 2022. The recommendations shall be implemented before the building is brought into use and thereafter maintained.
Reason
To ensure the development is carried out in an appropriate manner and to protect local nature conservation.
14
Prior to any lighting being installed on the site, a ‘lighting design strategy for biodiversity’ for the development shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall:
a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and
b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.
All external lighting shall be installed in accordance with the specifications and locations set out in the strategy before the development is complete, and they shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority.
Reason
To ensure that there is no light pollution that could impact on local wildlife and local wildlife sites.
15
Prior to works commencing (including demolition) of the rangers bungalow and / or construction of the café, an updated Badger Survey shall be submitted to and approved in writing by the Local Planning Authority.
Reason
To provide an up-to-date survey as the original survey was conducted more than 6 months ago, as badgers are mobile species and can move onto a site in a short period of time.
Drainage
16
The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed with the Local Planning Authority prior to the drainage works being completed.
Reason
In the interest of satisfactory and sustainable drainage.
17
No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.
Reason
To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network.
18
The development shall be carried out in accordance with the details contained within the submitted Flood Risk Assessment, prepared by ARK Environmental Consultancy Ltd, dated May 2024.
Reason
To ensure that the development can be properly drained and will be safe from flooding.
19
No part of the proposed development shall be constructed within 5-8m of an ordinary watercourse and a minimum 3m for a culverted watercourse (increases with size of culvert).
Reason
In order to ensure there is no impact or contamination of the watercourses.
20
The Flood Evacuation Plan submitted and approved by RB2025/0980 shall be implemented throughout the life of the development.
Reason
To ensure that the development can be properly drained and will be safe from flooding.
Land Contamination
21
If subsoil/topsoil is required to be imported to site for remedial works/areas of soft landscaping, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
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.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
23
Following completion of any remedial/ground preparation works a Validation Report will be forwarded to the Local Authority for review and comment. The Validation 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 validation report together with the necessary documentation detailing what waste materials have been removed from the site. Each phase of the site shall not be brought into use until such time as all validation data has been approved by the Local Authority.
Reason
To ensure the safe occupation of the site in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 183 and 184 of the National Planning Policy Framework.
Coal Mining
24
The remediation works and / or mitigation measures to address land instability from coal mining legacy, shall be implemented in accordance with the following documents submitted and approved by RB2024/1014:
• Geoenvironmental Appraisal (46461, September 2023) prepared by Lithos Consulting;
• Remediation Strategy (4646/2, November 2023) prepared by Lithos Consulting; and
• Mining legacy issues declaration (037/4646/EG, 13th May 2024), prepared by Lithos Consulting
The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.
Reason
In order to ensure that the site is made safe and stable for the development proposed.
Local Labour Agreement
24
Operational Phase
The measures to be taken to employ local workers for the operational phase of the development shall be carried out in accordance with the Local Labour Agreement document submitted and approved by RB2025/0980.
Reason
To improve skills in all of Rotherham’s communities through the promotion of access to training, education and local employment opportunities, in accordance with Policy CS10 ‘Improving Skills and Employment Opportunities’.
Informative(s)
01
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 minimising dust and preventing mud, dust and other materials being deposited on the highway.
It is advised that the guidance below is followed and incorporated within the CEMP:
1. 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.
2. 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 British Standard 5228 Code of Practice; 'Noise Control on Construction and Open Sites', and Minerals Planning Guidance Note 11 (1993) 'The Control of Noise at Surface Mineral Workings'.
3. 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.
4. 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.
02
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
03
The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required.
04
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.
05
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.
06
The applicant may require written consent from the Environment Agency, for any proposed discharge to “controlled waters” (main river/watercourse).
07
The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework.
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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