| 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 05, 06, 16, 19 - 23 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 predetermination.
ii. The details required under condition numbers 05, 06, 16, 19-23 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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans.
- PROPOSED SITE ACCESS ARRANGEMENT (OPERATIONAL PHASE), Drawing Number: P25-1472_SK04.
- PROPOSED PLAN, Drawing Number: CEL-30052-PP-001, Rev D
- INDICATIVE SITE PLAN, Drawing Number: CEL-30052-PP-IP-006, Rev D
- Proposed Site Level Plans: P25-1472 PEG XX XX DR-C 0100 P02
- CCTV Column: CEL-STD-CCTV-001
- Cooling Fans: CEL-STD-CF-001
- Palisade Security Gate CEL-STD-FE-001
-Fuel Tank CEL-STD-FT-001
-Generator CEL-STD-GEN-010
-GRP Substation CEL-STD-SUB-WPD-001
-Synchronous Condenser: CEL-STD-SYNCO-001
-Temporary All Access Route Plan: CEL-30052-AIL-001
-Proposed Elevations CEL-30052-EL-001 D
-Amenity Cabin: CEL-STD-AC-005
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 buildings hereby permitted shall be in accordance with the details provided in the submitted application form/shown on the approved drawings.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity
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 interest of sustainable drainage.
05
The development shall not be commenced until details of the proposed alterations in the highway at the access to the proposed site, indicated on plan reference P25- 1472_SK04 Rev A, have been submitted to and approved by the Local Planning Authority and the approved details shall be implemented before the development is brought into use.
Reason
In the interest of highway safety.
06
Prior to the commencement of works an amended Construction Traffic Management Statement shall be submitted to and approved in writing by the Council and the approved statement shall be adhered to throughout the construction period. The Statement shall provide for; Vehicle routing / storage / loading / unloading of materials / plant; and car parking facilities for the construction staff.
Reason In the interest of highway safety and neighbouring amenity.
Landscaping
07
Prior to first operation, a revised landscape scheme for the Proposed Development shall be submitted for approval by the Local Planning Authority. This shall include:
- A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances.
- A written specification for ground preparation and soft landscape works.
- The programme for implementation.
- Written details of the responsibility for maintenance and a schedule of operations, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme in the first planting and seeding seasons following completion of the development.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
08
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
Noise
09
The Noise Rating Level due to the combined noise emissions of all items of fixed plant and equipment installed or in use at the site shall not exceed the representative Background Sound Level at nearest sensitive receptor locations (as detailed in Tables 4-5 and 4-6 of the Noise Impact Assessment by Stantec UK Limited, dated January 2026 (Project No: 332612619; Rev: P03) as assessed in accordance with the methodology and principles set out in BS4142:2014+A1:2019: Methods for Rating and Assessing Industrial and Commercial Sound.
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
10
Except in case of emergency, no operations (including deliveries) 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
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and Part 15 of the NPPF.
11
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
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and Part 15 of the NPPF.
12
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.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and Part 15 of the NPPF.
13
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.
Drainage
14
There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority with input from the sewerage undertaker. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:
i) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and
ii) the means of discharging to the public sewer network at a rate not to exceed 3.5 litres per second.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal.
15
The development hereby granted shall not be begun until details of the, surface water and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development.
Reason
To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin and in accordance with Policy CS25 of the Local Plan.
Trees
16
No operations, including site clearance, demolition or development works, shall commence on site until a detailed Arboricultural Method Statement (AMS) and final Tree Protection Plan (TPP) have been submitted to and approved in writing by the Local Planning Authority.
The AMS/TPP shall include full details of all tree protection and construction methodologies in accordance with BS5837:2012 Trees in Relation to Design, Demolition and Construction – Recommendations, and shall include:
• Timing and phasing of works;
• Installation and maintenance of tree protection fencing and construction exclusion zones;
• Site specific demolition and site clearance methodologies;
• Details of all level changes and regrading works adjacent to retained trees and hedgerows;
• Site specific construction specifications where works occur adjacent to retained Root Protection Areas;
• Details of any excavation works, service runs and drainage installation;
• Access arrangements, site compounds, storage areas and contractor parking;
• Details of arboricultural supervision and monitoring;
• Procedures for dealing with unexpected tree root discoveries or accidental damage.
The approved tree protection measures shall be installed prior to commencement of development and retained in situ for the duration of the construction works. No materials, plant, machinery, spoil, fires, mixing of cement or other activities likely to cause harm shall take place within any protected area.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity, landscape character and green infrastructure value of the area, in accordance with Policies CS19 Green Infrastructure, CS20 Biodiversity and Geodiversity, CS21 Landscape and CS28 Sustainable Design of the Rotherham Local Plan and the recommendations of BS5837:2012.
Land Contamination
17
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 in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National Planning Policy Framework, December 2024.
18
If virgin material, subsoil/topsoil materials are required to be imported to site for remedial/landscaping works, 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 in accordance with Policy SP54 of the Rotherham Local Plan and paragraph numbers 187, 196 and 197 of the National Planning Policy Framework, December 2024.
Employment
19
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’
Ecology
20
Prior to the installation of any external lighting on site, the proposed lighting details shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting plans, drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.
All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.
Reason
To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species)
21
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.
22
The development shall not commence until a Habitat Management and Monitoring Plan (HMMP) has been submitted prepared in accordance with the approved Biodiversity Gain Plan and including:
a) a non-technical summary;
b) the roles and responsibilities of the people or organisation(s) delivering the [HMMP];
c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;
d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority, has been submitted to, and approved in writing by, the local planning authority.
Reason
To promote ecological enhancement on site.
23
No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.
The CEMP (Biodiversity) shall include the following.
a) Risk assessment of potentially damaging construction activities.
b) Identification of “biodiversity protection zones”.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (provided as a set of method statements for nesting birds, badger, reptiles, hedgehogs, and other mammal species) including a non-licenced method statement for Great Crested Newts.
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee
works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
i) Detail of the control and eradication of invasive species, such as Cotoneaster onsite.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.
Reason:
To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended, and s40 of the NERC Act 2006 (Priority habitats & species).
Informative
01 Biodiversity Net Gain 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) that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
This permission will require the submission and approval of a Biodiversity Gain Plan before development is begun. 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)
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