| Conditions / Reason for Refusal: |
General
01
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
CS/01320/8 – Location and Site Plan
CS/06040-1 – Plot 1 plans
CS/06040-2 – Plot 2 plans
CS/06040-3 – Plot 3 plans
CS/06040-4 – Plot 4 plans
CS/1320/9 – Visibility Splay / Entrance Detail
CS/06040-LS2026 – 1 – Landscape Masterplan
CS/06040-LS2026 – 2A – Landscape Masterplan
CS/01320/8 – Landscaping Plan
Reason
To define the permission and for the avoidance of doubt.
Highways
02
Before the development is brought into use the sight lines indicated on Drg No CS/1320/9 shall be rendered effective by removing or reducing the height of anything existing on the land between the sight line and the highway which obstructs visibility at any height greater than 900mm above the level of the nearside channel of the adjacent carriageway and the visibility thus provided shall be maintained.
Reason
In the interests of road safety.
03
The site access shall be constructed in accordance with Drg. No. CS1320/9.
Reason
In the interests of road safety.
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 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.
Landscapes and Trees
05
Before the development is brought into use, the approved Landscape scheme as indicated on Drawing No CS/06040-LS2026-2A shall be implemented in accordance with RMBC landscape guidance document in the next available planting season and maintained to ensure healthy establishment. Any plants dying, removed or destroyed within five years of planting shall be replaced the following planting season.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
06
No work or storage on the site shall commence until all the trees/shrubs to be retained have been protected by the erection of a strong durable 2 metre high barrier fence in accordance with BS 5837:2012 Trees in Relation to Design, Demolition and Construction - Recommendations This shall be positioned in accordance with details as shown on drawing number CS/06040-LS2026 - 2-A and the details within the amended Arboricultural Method Statement dated 7th May 2026. The protective fencing shall be properly maintained and shall not be removed without the written approval of the Local Planning Authority until the development is completed. There shall be no alterations in ground levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
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
07
The development shall be carried out in accordance with the submitted Preliminary Ecological Appraisal Survey, prepared by Estrada Ecology, dated 12th November 2025. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
In the interests of biodiversity and ecology.
08
The development shall be carried out in accordance with the submitted Biodiversity Enhancement Plan, prepared by Estrada Ecology, dated 12th November 2025. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme.
Reason
In the interests of biodiversity and ecology.
Construction Management Plan
09
The development shall be carried out in accordance with the details contained within the Construction Environment Management Plan dated 10 February 2026, prepared by CS Surveying and Architectural Design Ltd. The approved measures shall be implemented throughout the demolition and construction period.
Reason
In the interests of highway safety and residential amenity.
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 restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
02
Severn Trent Water advise that although our statutory sewer records do not show any public sewers within the area you have specified, there may be sewers that have been recently adopted under The Transfer Of Sewer Regulations 2011. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the building.
03
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.
It is recommended that any vegetation clearance (includes all ground level vegetation as well as standard trees and scrub) undertaken within the site is conducted outside of the breeding bird season (March – end August inclusive) or in accordance with checking surveys undertaken by appropriately qualified ecologists prior to and during the construction phase of the development.
04
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
05
The four South Yorkshire Authorities have committed to ensuring that relevant developments are provided with Gigabit-capable full fibre broadband. Please refer to the attached informative in this respect.
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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