| 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 12, 16, 20 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 12, 16, 20 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 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 location plan, site plan TLC/24/223/02 Rev C, elevations and floorplans TLC/24/223/01 Rev A, long section A-A through site TLC/24/223/03 Rev A and section B-B TLC/24/223/04 Rev A)(received 19.08.25 and 23.10.25).
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 in the submitted application form/shown on drawing nos elevations and floorplans TLC/24/223/01 Rev A. 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 and in accordance with Core Strategy CS28 ‘Sustainable Design.
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
In the interests of road safety.
05
Before the development is brought into use the car parking area shown on
the submitted plan (ref TLC/24/223/02 Rev C) shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interests of road safety.
06
Before the development is brought into use, a Travel Plan shall have been
submitted to and approved by the Local Planning Authority. The plan shall include
clear and unambiguous objectives, modal split targets together with a time bound
programme of implementation, monitoring and regular review and improvement. The
Local Planning Authority shall be informed of and give prior approval in writing to any
subsequent improvements or modifications to the Travel Plan following submission
of progress performance reports as time tabled in the programme of implementation.
Reason
In order to encourage sustainable modes of transport.
Electric Vehicle Charging Points
07
Before the electrical system is installed a scheme detailing the dedicated facilities that will be provided for charging electric vehicles and other ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall meet at least the following minimum standard for numbers and power output:
• One Standard Electric Vehicle Charging Point providing a continuous supply of at least 16A (3.5kW) for at least 10% of the development.
Buildings and parking spaces that are to be provided with charging points shall not be brought into use until the charging points are installed and operational. Charging points installed shall be retained thereafter.
Reason
In the interest of supporting and encouraging low emission vehicles, in the interest of air quality enhancement, to comply with the aims and objectives Chapters 2, 9 and 15 of the National Planning Policy Framework.
Operating Hours
08
The facility shall only operate between the hours of 07:00 and 17:00 Mondays to Fridays and 07:00 and 12:00 on Saturdays. No operations shall take place on Sundays or Bank Holidays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and part 15 of the NPPF.
Noise Breakout
09
The building shall be constructed in accordance with the approved plans and noise assessment.
1. Insulation to the building shall as a minimum conform to the specification detailed in Section 12.6 of the Noise Impact Assessment by Noise Assessments Limited, dated 12 June 2025 (Ref: NALPRO210225.01)
2. All windows and doors to the building shall remain closed when operations are taking place, except for the purposes of allowing access and egress.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
Fixed Plant
10
No noise generating fixed plant including mechanical ventilation, air conditioning / refrigeration compressor units or extraction plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The details shall include a BS4142:2014+A1:2019 noise assessment and 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to achieve a maximum cumulative plant Noise
Rating Level of no more than 3dB(A) below the prevailing background levels, outside the boundary of the nearest noise sensitive property.
All noise assessments should be carried out by a competent person. Developers may wish to contact the Association of Noise Consultants http://www.association-of-noise-consultants.co.uk/ (020 8253 4518) or the Institute of Acoustics http://www.ioa.org.uk (0300 999 9675) for a list of members.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 15 of the NPPF.
Construction Phase
11
a) 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.
b) 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'.
c) 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.
d) 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.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and Part 15 of the NPPF.
Coal Authority
12
No development shall commence until;
a) a scheme of intrusive investigations has been carried out on site to establish the
risks posed to the development by past shallow coal mining activity; and
b) remediation works and/or mitigation measures to address land instability arising
from shallow coal mining legacy and recorded mine shaft 443395-019, as may be
necessary, have been implemented on site in full in order to ensure that the site is
made safe and stable for the development proposed. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.
Reason
To ensure that the ground conditions and coal mining legacy is fully understood to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in line with paragraphs 187, 196 and 197 of the National Planning Policy Framework.
13
Prior to the occupation of the development, or it 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 methods and findings of the intrusive site investigations
and the completion of any remedial works and/or mitigation necessary to address
the risks posed by past coal mining activity.
Reason
To ensure that the ground conditions and coal mining legacy is fully understood to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in line with paragraphs 187, 196 and 197 of the National Planning Policy Framework.
Yorkshire Water
14
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.
15
All manufacturing works shall take place inside the building hereby approved with no manufacture or storage of goods or products outside of the building structure.
Reason
In the interests of amenity of the surroundings and to the nearest residential properties.
Local Labour Agreement (Construction Phase)
16
Prior to the commencement of development, the attached Local labour Agreement pro forma for the construction phase of the development shall be completed in its entirety and submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved Agreement and within 3 months of completion of the approved development, data shall be submitted to the Local Planning Authority demonstrating how the indicators were met.
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’.
Local Labour Agreement (Operational Phase)
17
Prior to the operational use of the land/building(s) hereby approved, a Local Labour Agreement outlining measures to be taken to employ local workers for the operational phase of the development shall be submitted to and approved in writing by the Local Planning Authority. The scope of the Agreement shall be agreed in writing prior to submission of the formal document. The development shall thereafter be carried out in accordance with the approved details.
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’.
Pollution Control
18
If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until further investigation and a remediation strategy/method statement detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved.
Reason
To ensure that the development does not contribute to and is not put at unacceptable risk from or adversely affected by unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraphs 187, 189, 190 and 196 of the National Planning Policy Framework.
Landscaping
19
Landscaping of the site as shown on the approved plan (ARES Landscape drawing
no.913-ALA-ZZ-ZZ-D-L-0001 -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
In the interests of sustainable development and to ensure satisfactory replacement landscaping provision.
Biodiversity Net Gain
20
No development shall commence on site until:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The details shall be implemented in accordance with the timescales set out in the approved Biodiversity Gain Plan.
For guidance on the contents of the Biodiversity Gain Plan that must be submitted
and agreed by the Council prior to the commencement of the consented
development please see the link: Submit a biodiversity gain plan - GOV.UK
(www.gov.uk)
Reason
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), to ensure Biodiversity Net Gain.
21
No development shall commence until a Biodiversity Enhancement & Management Plan (BEMPs) has been submitted to and approved in writing by the Local Planning Authority. The Plans shall provide a:
i) Description and evaluation of features to be managed and enhanced; including
a) Description of new landscape planting incorporating native plant species
b) The location and number of bird nest boxes should be integrated into the new residential properties.
ii) Extent and location/area of proposed enhancement works on appropriate scale maps and plans;
iii) Aims and Objectives of management;
iv) Appropriate Management Actions for achieving Aims and Objectives;
v) An annual work programme (to cover an initial 5 year period);
For each of the first 5 years of the Plans, a progress report shall be sent to the Local Planning Authority reporting on progress of the annual work programme and confirmation of required Actions for the next 12 month period.
The Plans shall be reviewed and updated every 5 years to ensure their aims and objectives are being met. The approved Plans will be implemented in accordance with the approved details.
The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
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), to ensure Biodiversity Net Gain.
22
Prior to the occupation of the building hereby permitted, a final Carbon and Energy Statement detailing exact energy efficiency specifications shall be submitted to and agreed, in writing, by the Local Planning Authority. The building will then be completed and operated in accordance with these details.
Reason
To achieve a sustainable form of development in accordance with Policy SP57 ‘Sustainable Construction’ and the NPPF.
Informative
Coal Authority
1 - Ground Investigations and groundworks
Under the Coal Industry Act 1994 any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Mining Remediation Authority since these activities can have serious public health and safety implications. Such activities could include site investigation boreholes, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain permission to enter or disturb our property will result in the potential for court action. Application forms for Mining Remediation Authority permission and further guidance can be obtained from: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property
2 - Requirement for Incidental Coal Agreements
If any future development has the potential to encounter coal seams which require
excavating, for example excavation of building foundations, service trenches,
development platforms, earthworks, non-coal mineral operations, an Incidental Coal
Agreement will be required from the Mining Remediation Authority. Further information regarding Incidental Coal Agreements can be found at:
www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-
applicants-for-incidental-coal-agreements
3 - Shallow coal seams
In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities.
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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