| 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 6 and 8 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 pre-determination.
ii. The details required under condition numbers 6 and 8 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.’
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
1131(07)002 Plot 2 Proposed Elevations
1131(07)001 Plot 2 Proposed Floor Plans
Proposed Footway design, received 18/06/2026
1131(09)003 Plot 2 Block Plan
1131(09)005 Plot 2 Location Plan
Morthen Lane Planning Statement Plot 2, received 18/06/2026
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 and submitted within
1131(07)002 Plot 2 Proposed Elevations
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Before the development is brought into use the sight lines indicated on the attached plan shall be rendered effective
04
Notwithstanding the provisions of Schedule 2, Part 1, Classes A, AA, B, C, D, E of
the Town and Country Planning (General Permitted Development) Order 2015 (or
any Order revoking, re-enacting or amending that Order with or without modification) there shall be no extensions to the dwelling hereby permitted.
Reason
To prevent future extensions harming the amenity of neighbouring residents.
Landscapes
05
No above ground development shall commence until a detailed landscape scheme has been submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
• The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
• The extent of any changes to existing ground levels, where these are proposed. -Any constraints in the form of existing or proposed site services, or visibility requirements. -Areas of structural and ornamental planting that are to be carried out.
• The positions, design, materials and type of any boundary treatment to be erected.
• 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 within a timescale agreed, in writing, by the Local Planning Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity and ecology.
Trees
06
No development shall commence, including site clearance works, until an arboricultural method statement has been submitted to and approved in writing by the local planning authority. This shall show how all vegetation shown to be retained on the approved site plan (1131(09)002 Block Plan) will be fully safeguarded in accordance with the provisions of British Standard 5837: 2012 ‘Trees in relation to design, demolition and construction. Recommendations’ (or equivalent if replaced). Site clearance works and development shall be carried out in strict accordance with the approved method statement.
Reason
In order to protect existing on site landscaping
07
Prior to the occupation of the development hereby permitted, details of any external lighting scheme shall be submitted to and approved in writing by the local planning authority, which shall be implemented and retained as such thereafter. No additional external lighting shall be installed without the prior written consent of the local planning authority.
Reason
In the interest of neighbouring amenity.
Highways
08
The development shall not be commenced until details of the proposed alterations in the highway on Morthen Lane, indicated in draft form on plan reference PRGN 2386-HGN-DR-CH-0002C, and PRGN-2383-HGN-DR-CH-0001l, 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 and sustainability.
09
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 interests of highway safety and sustainable drainage.
10
Details of an electric vehicle charging points shall be submitted to and approved in
writing by the local planning authority. The approved electric vehicle charging point
shall be implemented and made available for use prior to the occupation of the
development hereby permitted. The arrangements shall be retained as such
thereafter.
Reason
To promote sustainable transport options
Drainage
11
The development hereby granted shall not be occupied 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.
12
No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.
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.
Contaminated Land
13
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 Policies P1 - P5 – Pollution, Public Protection and Security of the National Planning Policy Framework, August 2026.
14
If virgin material, subsoil/topsoil materials are required to be imported to site for
remedial 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 Policies P1 - P5 – Pollution, Public Protection and Security of the National Planning Policy Framework, August 2026.
Biodiversity
15
Prior to the occupation of the dwelling a scheme for biodiversity enhancement, such
as the incorporation of permanent bat roosting feature(s), hedgehog homes and
holes and nesting opportunities for birds, shall be submitted to and agreed in writing
with the Local Planning Authority. The approved details thereafter shall be
implemented prior to the first dwelling being occupied and thereafter retained and
maintained for their designed purpose in accordance with the approved scheme. The scheme shall include, but not limited to, the following details:
i. Description, design or specification of the type of feature(s) or measure(s)
to be undertaken;
ii. Materials and construction to ensure long lifespan of the feature/measure;
iii. A drawing(s) showing the location and where appropriate the elevation of
the features or measures to be installed or undertaken. iv. When the
features or measures will be installed within the construction, occupation,
or phase of the development.
Reason
To ensure no net loss in biodiversity across the site.
16
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;
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 (August 2026) and s40 of the NERC Act 2006 (Priority habitats & species).
17
A lighting design scheme for biodiversity 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)
18
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), including a non-licenced method statement for Great Crested Newt.
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.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
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).
19
All mitigation measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (PEA) Survey Report (Estrada Ecology, 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.
Environmental Health
20
No dwelling shall be occupied unless it has been constructed in accordance with a scheme submitted to, and approved by the Local Planning Authority, so as to ensure that the building envelope provides sound attenuation against external noise, with windows open to achieve the following noise levels. The scheme shall include a noise assessment carried out by a competent person (see footnote).
• The 16-hour LAeq shall not exceed 35dB between 0700 and 2300 hours when measured inside any noise sensitive rooms in the development.
• The 8-hour LAeq shall not exceed 30dB between 2300 and 0700 hours when measured inside any bedroom in the development.
• The 15-minute LAF1 shall not exceed 45 dB between 2300 and 0700hrs when measured inside any bedroom in the development.
• The 16-hour LAeq shall not exceed 55dB between 0700 and 2300 hours when measured outside at any residential amenity area in the development. If a ventilation scheme is required for rooms where windows need to be kept closed to prevent excessive noise levels, details of the scheme shall also be submitted to the Local Planning Authority for approval. The ventilation scheme shall provide the following information:
• Identify which rooms of which plots require a ventilation system
• The acoustic specification of the proposed ventilation system demonstrating that when operated it will not cause indoor noise target levels to be exceeded
• The ventilation Scheme must demonstrate how habitable rooms of the proposed dwellings/apartments shall be provided with sufficient ventilation to help control thermal comfort and avoid over heating during hot weather without the need to open windows.
All works which form part of the approved scheme shall be completed prior to occupation and retained thereafter.
Competent Person – Footnote All noise assessments shall be carried out by a competent person. Developers may wish to contact the Association of Noise Consultants http://www.association-of-noise consultants.co.uk (020 8253 4518) or the Institute of Acoustics http://www.ioa.org.uk
(0300 999 9675) for a list of members.
Reason:
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and Parts 12 & 15 of the NPPF.
21
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:
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and Part 15 of the NPPF.
22
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.
23
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.
24
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.
Informatives
01
Condition 08 will require an Agreement under S278 Highways Act, 1980 and involve the provision of a new footway, adjustments to existing steps in the highway, fencing, Street Lighting and the closure of 2no existing vehicle access points on Morthen Lane. Contact should be made with David.phillips@rotherham.gov.uk as soon as permission is granted to commence this process.
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 due to surface water flooding.
04
Surface water drainage plans should include the following:
• Rainwater pipes, gullies and drainage channels including cover levels.
• Inspection chambers, manholes and silt traps including cover and invert levels.
• Pipe sizes, pipe materials, gradients and flow directions.
• Soakaways, including size and material.
• Typical inspection chamber / soakaway / silt trap and SW attenuation details.
• Site ground levels and finished floor levels.
05
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.
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
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.
08
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.
09
If a protected species (such as any bat, small mammal, 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.
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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