| Conditions / Reason for Refusal: |
01
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
25 5769 02 - LOCATION PLAN - 13.06.25
25 5769 01 - SITE LAYOUT (REV J) - 08.12.25 COLOUR
25 5769 101 - LANDSCAPE PROPOSALS (REV F) - 08.12.25 COLOUR
25 5769 102 - LANDSCAPE PROPOSALS (REV F) - 08.12.25 COLOUR
25 5769 03 Street scenes
House types-
25 5769 Colton
25 5769 Padbury
25 5769 Covenham
25 5769 Seacourt
25 5769 Holgate
25 5769 Pepper
25 5769 Selset
25 5769 Prenton
25 5769 Longford
Design and Access Statement
Addendum Flood Risk Assessment (0029-QD-XX-WF-RP-C-100-01-FRA-P01-Midland Road FRA)
(received 13.06.25, 21.11.25 and 09.12.25)
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
Materials
02
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 Materials Plan 25 5769 MP. 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
03
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
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 the development can be reached conveniently from the footway in the interests of the adequate drainage of the site and road safety.
04
Before the development is commenced road sections, constructional and
drainage details shall be submitted to and approved by the Local Planning
Authority.
Reason
In the interests of road safety.
05
Prior to the first dwelling being occupied, final specification details of vehicle charging points (1 per dwelling) shall be submitted to and approved by the local planning authority. Dwellings shall not be occupied until the charging point has been
provided, and it shall thereafter be retained.
Reason
In order to promote sustainable transport choices in accordance with Supplementary Planning Document 2 ‘Air Quality and Emissions’.
Arboricultural Method Statement (AMS)
06
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until a final scheme (Arboricultural Method Statement) for the protection of existing trees has been submitted and its installation on site has been approved in writing by the Local Planning Authority. All protection measures must fully detail each phase of the development process taking into account demolition/site clearance works, all construction works and hard and soft landscaping works. Details shall include the following:
• A schedule of tree works for all the retained trees and hedges specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998.
• Timing and phasing of works.
• Site specific demolition and hard surface removal specifications.
• Site specific construction specifications in connection with no-dig construction methods.
• Access arrangements and car parking.
• Level changes.
• A Tree Protection Plan** in accordance with BS5837* detailing all methods of protection, including but not restricted to: locations of construction exclusion zones, root protection areas, fit for purpose fencing and ground protection, service routes, works access space, material/machinery/waste storage and permanent & temporary hard surfaces.
• Soil remediation plans, where unauthorised access has damaged root protection areas in the construction exclusion zones.
• Details of the arboricultural supervision schedule. 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, unless the prior approval of the Local Planning Authority has first been sought and obtained. *Using the most recent revision of the Standard ** Plans must be of a minimum scale of 1:200 (unless otherwise agreed by the Local Planning Authority).
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 in accordance with Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, CS21 Landscape, and CS28 Sustainable Design.
Ecology
07
The detailed scheme shall be constructed in accordance with the submitted biodiversity improvement scheme comprising 12no. new bat boxes, 12no. bird boxes, 3no. hedgehog homes and hedgehog highways (ref BWB Species Enhancement Plan, dated 24.09.25).
Reason
In order to improve biodiversity on site in line with in line with Local Plan Policy SP33 and to meet the criteria of the Environment Act 2021.
Noise - Scheme of Sound Attenuation
08
Prior to each dwelling being occupied, all recommended noise mitigation measures in relation to glazing, ventilation and fencing/walls, as detailed in Sections 4.4 (Scheme of Sound Attenuation) and 4.5 (External Amenity), and Appendix 3 (Noise Mitigation Requirements) of the Noise Impact Assessment undertaken by Environmental Noise Solutions Limited, dated 7th November 2025 (Ref: NIA-12186-25-12438-v2 Midland Road, Rotherham) shall be implemented in full.
Reason
To safeguard the amenities of the occupiers of the proposed development in
accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
Lighting scheme
09
Prior to the occupation of the first residential unit a final lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall indicate the locations and specifications of all lighting columns within the site and the approved scheme shall be constructed in accordance with the approved details.
Reason
In order to ensure that the scheme is adequately illuminated across the site in the interests of public safety.
Approved Landscaping
10
The approved landscaping scheme shall be planted in accordance with the agreed programme implementation, timing and schedule details. This also includes maintenance and replacement planting for a minimum period of 5 years as detailed within the supplementary report on the Landscape Plan (ref 25 5769 101 - LANDSCAPE PROPOSALS (REV F) - 08.12.25 COLOUR and 25 5769 102 - LANDSCAPE PROPOSALS (REV F) - 08.12.25 COLOUR).
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 Rotherham’s Core Strategy Policies CS3: Location of New Development, CS19: Green Infrastructure, CS20 Biodiversity and Geodiversity, Policy CS21 Landscape, Policy CS28 Sustainable Design.
Informatives
Legal Agreement
01
The applicant is reminded that 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.
Traffic Regulation Order
02
As indicated on the outline permission, there is a requirement for a no waiting
at any time restriction on Union Street. This TRO is to be funded by the applicant
and should be included within any s278 agreement. In addition, the internal
development layout which is to be designed to a 20mph limit, will also require a TRO
to implement a 20mph speed limit. Both these TRO’s should be include within the
s278 agreement or alternatively an agreement from the developer to fund each TRO
separately (£4,500 each), should be provided.
Ecology
03
No vegetation clearance shall take place outside of the bird breeding season (February until August) and it is recommended that vegetation works (tree or hedge cutting) or site clearance should be done outside of the nesting season.
Yorkshire Water
04
The applicant is reminded that no planting landscaping should interfere with Yorkshire Water infrastructure.
Final Boundary Treatment
05
The applicant is reminded that final boundary treatments have not yet been agreed, particularly along the western elevation of the development facing Devonshire Street and Midland Road.
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary and additional information submitted to make the scheme acceptable. The applicant agreed to amend the scheme and provide the further information so that it was in accordance with the principles of the National Planning Policy Framework.
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