| 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 number (04 and 07) 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 condition numbers (04 and 07) 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, or matters carried out.
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 as shown on the approved plans (as set out below)
(Drawing numbers
• Location Plan- REX-RCA-03-XX-D-A-0101-Site Location Plan-S3-P4
• Proposed Site Plan - REX-RCA-03-XX-D-A-0104-Proposed Site Plan-S3-P7
• Proposed Ground Floor Plan- REX-RCA-03-00-D-A-0105-Proposed Ground Floor Plan-S3-P8
• Proposed Elevations Sheet 1- REX-RCA-03-ZZ-D-A-0107-Proposed Elevations Sheet 1-S3-P6
• Proposed Elevations Sheet 2- REX-RCA-03-ZZ-D-A-0108-Proposed Elevations Sheet 2-S3-P5
• Proposed Sprinkler Tank and Pump House Elevations- REX-RCA-03-ZZ-D-A-0109-S3 P2)
Proposed Roof Plan- REX-RCA-03-RF-D-A-0106-Proposed Roof Plan-S3-P6
(received 09 March and 01 June 2026).
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 Sheet 1- REX-RCA-03-ZZ-D-A-0107-Proposed Elevations Sheet 1-S3-P6, Sheet 2- REX-RCA-03-ZZ-D-A-0108-Proposed Elevations Sheet 2-S3-P5 and Proposed Sprinkler Tank and Pump House Elevations- REX-RCA-03-ZZ-D-A-0109-S3 P2). 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.
Drainage
04
The development hereby granted shall not be begun until details of the foul, surface water and land drainage systems 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.
Ecology and Biodiversity Net Gain
05
All mitigation measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal & Biodiversity Net Gain Assessment (Breamsley Ecology, February 2026) already submitted with the planning application and agreed in principle with the local planning authority prior to determination.
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.
06
Prior To Any Works Above Slab Level, a Biodiversity Enhancement Strategy for protected and Priority species shall be submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following:
a) Purpose and conservation objectives for the proposed enhancement measures;
b) detailed designs or product descriptions to achieve stated objectives;
c) locations, orientations, and heights of proposed enhancement measures by appropriate maps and plans;
d) persons responsible for implementing the enhancement measures;
e) details of initial aftercare and long-term maintenance (where relevant). The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.
Reason
To enhance protected and Priority species & habitats and allow the LPA to discharge its duties under the NPPF 2025 and s40 of the NERC Act 2006 (Priority habitats & species).
07
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.
Pollution Control
08
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.
09
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.
Informatives
Yorkshire Water
1) The Submitted formal build-over agreement 'MS/YWS121/913 SYK521055 dated 24/02/26' is acceptable.
2) On the Statutory Sewer Map, there is a 500mm diameter public rising main recorded to cross the site. It is essential that the presence of this infrastructure is taken into account in the design of the scheme.
a.) It may not be acceptable to raise or lower ground levels over the sewer and we will not accept any inspection chambers on the sewer to be built over. b.) In this instance, a stand-off distance of 3 (three) metres is required at each side of the sewer centre line and it may not be acceptable to raise or lower ground levels over the sewer, nor to restrict access to the manholes on the sewer.
c.) This asset will be built over through formal build over in line with the above-mentioned agreement.
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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