| Conditions / Reason for Refusal: |
01
This development hereby approved shall cease on 12 June 2031 and the site shall be restored to its former condition.
Reason
To enable assessment of the availability of a sequentially preferable residential development onsite.
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 Layout, Received 17/03/2026
Proposed Elevation, Received 17/03/2026
Proposed North East Elevation, Received 17/03/2026
Noise Assessment, Received 30/03/2026
Design and Access Statement 2, Received 21/04/2026
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 Proposed Elevation, Received 17/03/2026
Proposed North East Elevation, Received 17/03/2026
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Environmental Health
04
The site shall only operate between the hours of 08:30 and 18:00 Mondays to Saturdays, and between the hours of 09:00 and 16:00 on Sundays or Bank Holidays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
05
There shall be no external illumination of the site or any lighting columns installed within the site.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
06
Before the installation of any new external artificial lighting commences, a lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include the following information:
• The proposed hours of operation of the lighting
• The location and specification of all of the luminaires
• The proposed design level of maintained average horizontal illuminance for the areas that needs to be illuminated.
• The predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity.
• The measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site
• The methods of switching and controlling the lighting so that it is only operated at the permitted times and at times when it is required.
The external artificial lighting shall be installed and operated thereafter in accordance with the approved scheme.
Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with parts 12 and 15 of the NPPF and RMBC Policy SP52.
07
The building shall be positioned as detailed in Figure 1 of the ‘Commentary on Condition 4 and Condition 7’ (of Decision Notice RB2025/1266) by Blue Tree Acoustics, dated 30/03/2026 (Document Ref: 03890-590201).
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
08
The building structure shall be constructed as detailed in Figure 1 of the ‘Commentary on Condition 4 and Condition 7’ (of Decision Notice RB2025/1266) by Blue Tree Acoustics, dated 30/03/2026 (Document Ref: 03890-590201), including FP1.1, FP1.2 and FP 1.3 of that report.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
09
All plant, equipment and machinery shall only be housed within the building structure.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
10
No car washing activities shall take place outside of the building structure.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
11
There shall be no speakers located externally on site.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
12
The combined noise from all plant, machinery and equipment located on site shall be effectively controlled so that the combined Noise Rating Level of noise from all such plant, machinery and equipment does not exceed the representative background noise levels of 41dB LA90 Mondays to Saturdays, and 39dB LA90 on Sundays and Bank Holidays (as detailed in the report: ‘BS4142:2014+A1:2019 Sound Assessment Report undertaken by Blue Tree Acoustics’, dated 18/08/25 (Ref: 03890-130100)), when assessed in accordance with the methodology and principles set out in BS 4142:2014+A1:2019 Methods for Rating and Assessing Industrial and Commercial Sound at nearby dwellings (as detailed in Table 1 of the ‘Commentary on Condition 4 and Condition 7’ (of Decision Notice RB2025/1266) by Blue Tree Acoustics, dated 30/03/2026 (Document Ref: 03890 590201).
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
13
Where a verified complaint is received by Rotherham Metropolitan Borough Council that suggests that the Noise Rating Level from all plant, machinery and equipment located on site exceeds the background noise levels of 41dB LA90 Mondays to Saturdays, and 39dB LA90 on Sundays and Bank Holidays (as detailed in the report: ‘BS4142:2014+A1:2019 Sound Assessment Report undertaken by Blue Tree Acoustics’, dated 18/08/25 (Ref: 03890-130100)) at receptor locations (as detailed in Table 1 of the ‘Commentary on Condition 4 and Condition 7’ (of Decision Notice RB2025/1266) by Blue Tree Acoustics, dated 30/03/2026 (Document Ref: 03890-590201), the operator of the site shall complete an assessment in accordance with the methodology and principles set out in BS 4142:2014+A1:2019, to demonstrate that the Noise Rating Level does not exceed the background sound level. The combined Noise Rating Level of all plant, machinery and equipment located on site should account for any reasonable character corrections, i.e., tonality, intermittency, impulsivity, and other sound characteristics. The assessment shall be completed by a competent person (see footnote) agreed in writing with the Local Planning Authority in advance of the assessment. If the Noise Rating Level exceeds the background sound level a further scheme incorporating further measures to achieve a Noise Rating Level of no more than 0dB above background sound level at receptor locations shall be submitted to the Local Planning Authority for approval. All works comprised within those further approved measures shall be completed.
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
The development hereby granted shall not be begin 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.
15
Any water run off from the vehicle wash down area shall be discharged to the public foul sewer (in accordance with PPG13-Vehicle washing and cleaning) via a suitable oil/ petrol/grit interceptor. Details of these arrangements shall be approved by the Local Planning Authority prior to the commencement of the development and they shall be fully operational before the site is brought into use.
Reason
To avoid pollution of the public sewer and land drainage system.
16
All surface water run off from the site, except roof water, shall be discharged to the public surface water sewer/land drainage system or Highway Drain via a suitable oil/petrol/grit interceptor. Details of these arrangements shall be approved by the Local Planning Authority prior to the commencement of the development and they shall be fully operational before the site is brought into use.
Reason
To avoid pollution of the public sewer and land drainage system
Informative
01
Records indicate site to be in Environment Agency Flood Warning Area Zone 1
02
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.
03
Developments should have floor levels set higher than the recorded flood level or a minimum of 300mm above proposed ground level.
04
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.
05
Car wash run-off should discharge to sewer only not to watercourse or soakaway. The applicant should demonstrate sufficient drainage on site to intercept the car wash run-off and prevent flows running on to neighbouring properties and the public highway. There should also be sufficient drainage arrangements in place to remove silt and oil from the car wash run-off (silt trap/s and oil interceptor). The applicant should contact the sewerage authority for a licence to discharge industrial waste to the public sewerage system.
06
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.
07
The applicant may require written consent from the Environment Agency, for any proposed discharge to “controlled waters” (main river/watercourse)
08
If the development is proposing to make a new highway drainage connection to an existing highway drainage system, detailed CCTV surveys and modelling of the existing highway drainage system will be required to determine the capability to accept additional flow. Discharge will be limited to greenfield run-off rates.
09
Whereby a private maintenance arrangement is proposed and the development is unlikely to remain under single ownership or within a single curtilage over its lifetime a condition will require a satisfactory legal agreement to be drawn up to provide for inspection and maintenance of the proposed surface water drainage scheme. This legal agreement is required BEFORE the first occupation of any dwelling or building on the site. Over the lifetime of the development an agreement must include the following
a) A detailed operational maintenance plan;
b) Physical access arrangements for maintenance, and establishment of legal rights of access in perpetuity, prior to the commencement of any phase of the development;
c) A financial revenue plan clearly setting out how funding for maintenance is to be raised over the lifetime of the development;
d) A whole life cost analysis for capital maintenance over the lifetime of the development. Any values should be based on the current HM Treasury Present Value (PV) Discount Rate. Assumptions about the expected useful life of materials should be included in any such analysis; and
e) Details of financial surety to ensure long-term maintenance and capital maintenance costs of apparatus. It is for the developer to demonstrate that a suitable financial underwriting arrangement is in place.
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.
|
