| 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 and/or carried out before development can start. Conditions numbered 18 & 21 of this permission requires matters to be approved and/or carried out 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 conditions numbered 18 & 21 is 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, or matters carried out.’
General
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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
AES-0590-01A – Location Plan
AES-0590-202 – Site Layout Plan
AES-0590-221 – Elevations
AES-0590-222 – Ground Floor Plan
AES-0590-223 – First Floor Plan
AES-0590-224 – Streetscene and Materials
AES-0590-225 – Landscape Plan
AES-0590-226 – Drainage Plans
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 and drawing number AES-0590-224. 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.
Construction Practices
04
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.
05
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.
06
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.
07
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.
Highways
08
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.
EV Charging Points
09
The development shall be completed in accordance with the approved electric vehicle charging details shown on plan ref: AES-0590-202 and retained in perpetuity. Each dwelling shall not be occupied until the charging point is provided.
Reason
In the interests of sustainable development and air quality in accordance with the Local Plan and the NPPF.
Landscapes
10
Before the development is brought into use, the approved Landscape scheme as indicated on Dwg No AES-0590-225 shall be implemented in accordance with RMBC Landscape Design Guide (April 2014) 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.
11
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 that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Drainage
12
No building hereby permitted shall be occupied until the drainage scheme for the site has been completed in accordance with the submitted details shown on AES-0590-226 The sustainable drainage scheme shall be designed, managed and maintained in accordance with the Non-statutory technical standards and local standards.
Reason
To ensure the site can be appropriately drained.
Land Contamination
13
Prior to above ground works commencing and post site clearance of all fly tipped waste, a targeted Phase II Intrusive Site Investigation should be undertaken to assess the geotechnical and geo-environmental conditions at the site. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority.
The above works shall be conducted in line with guidance document ‘Land Contamination Risk Management’ (October 2020) and predecessor guidance ‘Model Procedures for the Management of Land Contamination, CLR 11 (Environment Agency, 2004) and BS10175:2011+A2 2017 (BSI, 2017).
Reason
To ensure the safe occupation of the site.
14
Prior to above ground works commencing and subject to the findings of condition 13, a Remediation Method Statement shall be provided and approved by this Local Authority prior to any remediation works commencing on site. The approved Remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The Local Authority must be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure the safe occupation of the site.
15
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.
Reason
To ensure the safe occupation of the site.
16
If subsoil/topsoil is required to be imported to site for gardens and 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.
17
Following completion of any remedial/mitigation works a Validation Report should 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. 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.
Ecology and BNG
18
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.
19
No development above slab level shall commence until a Biodiversity Enhancement Scheme (BES) has been submitted to and approved in writing by the Local Planning Authority. The BES shall include a scaled plan and schedule setting out the type, specification and exact locations of all biodiversity enhancement features to be incorporated into the development. The BES shall demonstrate full compliance with BS 42021:2022 for all integrated bird and swift bricks, and with current Bat Conservation Trust (BCT) guidance for all bat roosting features. As a minimum, each new dwelling must incorporate ALL of the following:
• One integrated bird or swift nesting brick;
• One integrated bat roosting feature,
appropriately selected and sited relative to the building’s design, height and orientation, and in accordance with the relevant guidance; and
• A 13?cm × 13?cm hedgehog highway gap provided within the boundary fencing or walls of each dwelling plot, ensuring permeability for hedgehogs between residential gardens.
The development shall thereafter be carried out in accordance with the approved BES, and all features shall be retained and maintained for the lifetime of the development.
Reason
To secure high quality, long term biodiversity enhancements, including nesting, roosting and movement opportunities for priority species.
20
Upon first occupation of each dwelling, an information leaflet highlighting the presence of Wood Lee Common SSSI & LWS shall be provided to residents. The leaflet will explain the biodiversity value of Wood Lee Common and provide guidance on responsible access and use of the site.
Reason
To protect the biodiversity value of the site.
21
No development shall take place (including vegetation/site clearance) until a Precautionary Working Method Statement (PWMS) for non-native invasive species has been submitted to and approved in writing by the Local Planning Authority. The PWMS will be completed by a suitably qualified ecologist and the approved PWMS shall be implemented in full according to the specified timescales, unless otherwise agreed in writing by the Local Planning Authority.
Reason
To protect the biodiversity value of the site.
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.
03
The works should be undertaken outside of the bird nesting season (March-August inclusive). Should this not be possible then a suitably qualified ecologist should undertake a nesting bird check no more than 48 hours prior to the start of works. Should active nests be found, works should cease until the nests are no longer active and the chicks have fledged and the ecologist has deemed the area to be free of nesting birds.
04
If a protected species (such as any bat, great crested newt , badger, or any nesting bird) is discovered using a feature on site that would be affected by the development or related works all activity which might affect the species at the locality should cease. You should then seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works. This action is necessary to avoid possible prosecution and ensure compliance with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended), the Protection of Badgers Act 1992 and the Wild Mammals Act 1996. This advice note should be passed on to any persons or contractors carrying out the development/works.
05
Vegetation clearance shall be undertaken sensitively to avoid harm to hedgehog and other small mammals, including clearance outside the hibernation period where possible and checking vegetation for resting animals prior to the commencement of works.
06
There is an existing lighting column on the site frontage. Should the proposed formation of any of the proposed driveways affect this lighting column, then contact should be made with Rotherham MBC’s Streetpride Department in order for arrangements to be agreed to relocate the lighting column at the applicant’s expense.
07
The South Yorkshire Police Designing Out Crime Officer recommends that the development is designed and built to Secured by Design. The following are recommended in the build out of the scheme:
Defensible Space
Each dwelling should have a front boundary to a height of 1 metre to allow for visible surveillance into and from the dwelling. Open plan designs should be avoided as these can encourage public encroachment onto what should be semi-private space.
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 to 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 columns.
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.
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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