| Conditions / Reason for Refusal: |
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 site plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans (as set out below)
(Drawing numbers
Location Plan SJ/01
Site plan SJ/02 Rev B
House type 1 (2 bed) Elevations and floorplans 2801 Rev A
House type 2 (2 bed) Elevations and floorplans 3801 Rev A
received 04.03.26 and 19.03.26).
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/shown on drawing nos. elevations (ref House type 1 (2 bed) Elevations and floorplans 2801 Rev A, House type 2 (2 bed) Elevations and floorplans 3801 Rev A). 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 and in accordance with Core Strategy Policy CS28 Sustainable Design.
04
Prior to the occupation of the first residential unit, the existing adopted footway on the site frontage of Doncaster Road shall be increased in width to 2m as indicated on Drg No SJ/02.
Reason
In the interests of satisfactory visibility and road safety.
05
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 to encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in the interests of the adequate drainage of the site and road safety.
06
Before the development is commenced footway widening details shall be submitted to and approved by the Local Planning Authority, and the approved details shall be implemented before the development is completed.
Reason
No details having been submitted.
Yorkshire Water
07
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.
Yorkshire Water/RMBC Drainage
08
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 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.
Boundary Treatment
09
Prior to the occupation of the first dwelling the approved boundary plan (ref Site plan SJ/02 Rev B) indicating the positions, design, materials and type of boundary treatment to be erected shall be completed.
Reason
In the interests of the visual amenity of the area and the amenity of neighbouring residents.
Landscaping
10
Before the development is brought into use, the approved Landscape scheme (ref Site plan SJ/02 Rev B) 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 and in accordance with Local Plan Policies.
Tree Conditions
11
All onsite works shall be carried out in accordance within the approved
Arboricultural Method Statement (ref AWA, AWA7145AMS, 20th January 2026).
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.
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, CS19Green Infrastructure, CS20 Biodiversity and Geodiversity,
Policy CS21 Landscape, CS28 Sustainable Design.
Ecology and Biodiversity
12
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 13cm × 13cm 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 ensure no net loss in biodiversity across the site.
13
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.
Removal of Permitted Development Rights
14
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no extensions or alterations otherwise Permitted under Part One Classes A (rear extensions), B (additions etc to the roof of a dwellinghouse) and E (outbuildings) shall be carried out to the approved dwelling.
Reason
In the interests of the amenities of the occupiers of adjoining properties in accordance with the SYRDG.
Construction Environmental Management Plan (CEMP)
15
Prior to the development commencing a revised Construction Environmental Management Plan (CEMP) shall be submitted to and agreed in writing with the Local Planning Authority. The plan shall describe in detail the actions that will be taken to reduce deliveries of site materials during school drop-off and pickup times in early morning and mid-afternoon periods to minimise adverse impacts on occupiers of nearby properties and shall provide information in respect of the following matters:
• Site Management
- Contact details of site manager
- Complaints procedure
- Roles and responsibilities
• Site Access, Storage and Movement of Materials
- Location details of storage areas
- Location of on site parking and turning provision
• Dust, Debris and Mud
- Screening and hoarding
- Preventative measures
- Dust monitoring
• Noise and Vibration Control
- Silencing of vehicles, plant and machinery.
- Operational hours (to include operational hours of workers, and delivery of goods outside of early morning and late afternoon hours).
The agreed CEMP shall be adhered to throughout the construction of the development.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with part 15 of the NPPF and Supplementary Planning Document No.2 Air Quality & Emissions.15
Informatives
Biodiversity Net Gain
01
Unless an exception or a transitional arrangement applies1, 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.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan in respect of this permission would be Rotherham MBC. Failure to submit a Biodiversity Gain Plan prior to the commencement of development will lead to formal enforcement action being considered, which could be in the form of a Temporary Stop Notice (that will require all development on site to stop, for a period of 56 days).
Biodiversity Gain Plan
The biodiversity gain plan must include/accompanied by:
(a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;
(b) the pre-development biodiversity value of the onsite habitat;
(c) the post-development biodiversity value of the onsite habitat;
(d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development;
(e) any biodiversity credits purchased for the development;
(f) any information relating to irreplaceable habitat making up onsite habitat
(g) information about steps taken or to be taken to minimise any adverse effect of the development on, and arrangements for compensation for any impact the development has on the biodiversity of, any irreplaceable habitat4 present within the onsite baseline.
(h) any additional information requirements stipulated by the secretary of state.
The effect of section 73D of the Town and Country Planning Act 1990
If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission (“the earlier Biodiversity Gain Plan”) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
1. do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
2. in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
- Listed exemptions from Statutory BNG and transitional arrangements can be found at Biodiversity net gain: exempt developments - GOV.UK (www.gov.uk)
- The Statutory Biodiversity Gain Plan template can be found at https://www.gov.uk/government/publications/biodiversity-gain-plan
- Minimum legal requirements for the Biodiversity Gain plan can be found at https://www.legislation.gov.uk/ukpga/2021/30/schedule/14#:~:text=paragraph%2015).-,Biodiversity%20gain%20plan,-14
- Irreplaceable habitats for the purposed of Biodiversity Net Gain are defined by Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024. A full list of irreplaceable habitats can be found at https://www.legislation.gov.uk/uksi/2024/48/schedule/made
- Additional information required is outlined by Articles 37C(2) [Non Phased] 37C(4) [Phased] of The Town and Country Planning (Development Management Procedure) (England) Order 2015 and may be subject to the nature of your application https://www.legislation.gov.uk/uksi/2015/595#:~:text=Additional%20content%20of%20plan
- Where a Habitat Management and Monitoring Plan is required: https://publications.naturalengland.org.uk/publication/5813530037846016
Wildlife Legislation
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.
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.
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