| 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
3752_01 RCA 80 XX DR A 0901 – Location Plan
53_100_001J – Site Layout Plan
3572-01-RCA-00-XX-DR-A-0201-S3-P3 – 1400 1B2P Bungalow Semi-Detached A Elevations
3572-01-RCA-00-XX-DR-A-0201-S3-P3 – 1401 1B2P Bungalow Semi-Detached B Elevations
3572-01-RCA-00-XX-DR-A-0202-S4-P4 – 1B2P Bungalow Semi-Detached A Floor Plans
3572-01-RCA-00-XX-DR-A-0202-S4-P4 – 1B2P Bungalow Semi-Detached B Floor Plans
53_100_003_B – Boundary Treatment Plan
3752-01-RCA-80-XX-DR-A-0903-S3-P2 – Streetscene
53_100_007 – EV Charging Plan
7581.01 Rev B – Landscape Proposals
Reason
To define the permission and for the avoidance of doubt.
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 approved by RB2024/1601.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
03
The boundary treatment detailed on drawing number 53_100_003_B – Boundary Treatment Plan shall be completed before the first dwelling is brough into use and shall thereafter be retained and maintained.
Reason
In the interests of the visual amenity of the area and in accordance with the Local Plan.
EV Charging
04
The electric vehicle charging points as shown on plan 53_100_007 – EV Charging Plan shall be provided prior to each dwelling being occupied and shall thereafter be retained.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
Construction Management Plan
05
The construction phase shall be carried out in accordance with the Construction Management Plan approved by RB2024/1601.
Reason
In the interests of minimising the risk of pollution towards the canal in accordance with the aims of policy SP31 from the adopted Rotherham Core Strategy.
Highways
06
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 each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
07
The road sections, constructional and drainage details shall be carried out in accordance with the details approved by RB2024/1714.
Reason
No details having been submitted they are reserved for approval.
08
The details approved by RB2025/0442 setting out how the use of sustainable / public transport will be encouraged shall be implemented on the occupation of each dwelling.
Reason
To promote sustainable transport modes.
09
The alterations to Dun Street as approved by RB2024/1714 shall be implemented before the development is brought into use.
Reason
In the interests of highway safety.
Ecology
10
No removal of hedgerows, trees or shrubs or structures shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
11
All ecological measures and/or works shall be carried out in accordance with the details contained in [Ecological Design Strategy; AES Ltd; February 2024] prior to the first dwelling being occupied.
Reason
To ensure no net loss in biodiversity.
Trees
12
The tree works shall be carried out in accordance with the details set out in drawing number 7581.01 rev B. The approved details shall be implemented within the first available planting season after the site is complete. 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. 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.
Drainage
13
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.
Reason
In the interest of satisfactory and sustainable drainage.
14
The surface water drainage works shall be carried out in accordance with the details approved by RB2025/0645 before the first dwelling is occupied.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal.
Land Contamination
16
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. Works thereafter shall be carried out in accordance with an approved Method Statement. This is to ensure the development will be suitable for use and that identified contamination will not present significant risks to human health or the environment.
Reason
To ensure the safe occupation of the site.
17
If subsoil/topsoil materials are required to be imported to site for use in garden areas, then these materials will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination and will not present a risk to future users of the site and the environment.
Reason
To ensure the safe occupation of the site.
18
Following completion of any remedial/ground preparation works a Verification Report will be forwarded to the Local Authority for review and comment. The Verification Report shall include details of materials imported to site, copies of chemical analysis reports confirming materials brought to site are free from contamination and will contain Waste Transfer notes if applicable. The site shall not be brought into use until such time as all verification data has been approved by the Local Authority.
Reason
To ensure the safe occupation of the site.
Archaeology
19
The development shall only take place in accordance with the Written Scheme of Investigation approved by RB2024/1601 and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
Construction Practices
20
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.
Reason
In the interests of highway safety and residential amenity.
21
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'
Reason
In the interests of highway safety and residential amenity.
22
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.
Reason
In the interests of highway safety and residential amenity.
23
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
In the interests of highway safety and residential amenity.
Affordable Housing
24
The development shall provide 100% affordable housing across the site, unless otherwise agreed in writing by the Local Planning Authority.
Reason
In the interests of securing affordable housing.
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
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
It is recommended that the development is designed and built to Secured by Design www.securedbydesign.com
The following should be considered:
Defensible Space
Each dwelling should have a front boundary to a height of 1 metre to allow for visible surveillance into and from the dwellings in question.
Boundary Treatment
All rear gardens should be secured with a min 1.8m high fence. A 1.8m lockable gate should be fitted as close the front boundary line as possible to secure the rear of the dwellings.
Surveillance
Any landscaping and front boundaries should be kept low at no more than 1 metre high and any trees to have no foliage below 2m to aid natural surveillance. Positioning of trees should be careful not to mask any Lighting Column’s.
Lighting
All external paths and car parking areas should be well lit with an LED lighting scheme to standard BS5489 with no dark areas. All front and rear doors should be lit with a wall mounted luminaire to provide lighting in line with standard BS5489 which should operate on a dusk to dawn sensor and spread the light downward.
Security of Dwellings
In line with SBD standards, all front / rear doors and ground floor windows should comply with PAS 24:2022.
04
Flood resilience should be duly considered in the design of the new building/s or renovation. Guidance may be found in BRE Digest 532 Parts 1 and 2, 2012 and BRE Good Building Guide 84.
05
In order to discharge Condition 14 & 15, the applicant is advised that they would be expected to submit information including but not limited to the following:
NB – if the below information is needed as part of the consideration of the application it needs to be placed in the comments box.
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.
Surface Water Discharge From Brownfield Site:
There should be no increase in surface water discharge from the site to existing sewers / watercourses. On site surface water attenuation will therefore be required if drained areas to existing sewers / watercourses are to be increased.
A 30% net reduction to existing peak discharge (up to a 1/100 yr storm + 40% CC) will be required if the site is being re-developed. A full justification will be required where the development cannot achieve the 30% betterment on the existing run-off rate.
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
Measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved should be carried out, please see attached Informative Note in this respect.
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
|
