| Conditions / Reason for Refusal: |
General
01
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)
XY20-0147(06)501_4.6a (Location Plan)
XY22-0191-P0 (07)700_4-10 (Site Layout Plan with Phases)
XY22-0191-P0 (06)510_4.6a (Site Layout Plan)
XY22-0191-P0 (06)550_4.6a (Site Layout Plan)
XY22-0191-P0(06)001_4.6a (Site Layout Plan with Boundary Treatment)
XY22-0191-P1 (08)001_3.1 (Plot 1 Elevations)
XY22-0191-P1 (07)001_3.1 (Plot 1 Floor Plans)
XY22-0191-P2 (08)001_3.1 (Plot 2 Elevations)
XY22-0191-P2 (07)001_3.1 (Plot 2 Floor Plans)
XY22-0191-P3 (08)001_3.1 (Plot 3 Elevations)
XY22-0191-P3 (07)001_3.1 (Plot 3 Floor Plans)
XY22-0191-P4 (08)001_3.1 (Plot 4 Elevations)
XY22-0191-P4 (07)001_3.1 (Plot 4 Floor Plans)
XY22-0191-P5 (08)001_3.1 (Plot 5 Elevations)
XY22-0191-P5 (07)001_3.1 (Plot 5 Floor Plans)
XY22-0191-P6 (07)001_4.5 (Plots 6, 7 & 8 Floor Plans)
XY22-0191-P6 (08)001_4.5 (Plots 6, 7 & 8 Elevations)
XY22-0191-P0 (08)399_4.6a (Cross Section)
Reason
To define the permission and for the avoidance of doubt.
Materials
02
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 and approved by RB2026/0433.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
03
Each dwelling shall not be occupied until the boundary treatments for its respective plot, as shown on drawing number XY22-0191-P0(06)001_4.6a, have been completed in full and retained thereafter.
Reason
In the interests of the visual amenity of the area.
Highways
04
The first occupation of each dwelling shall not take place until the electric vehicle charging provision approved under application RB2026/0433 for that dwelling has been fully implemented. Thereafter, the approved provision shall be retained and maintained for the lifetime of the development.
Reason
In the interests of sustainable development and air quality.
05
Before each phase is brought into use that part of the phase to be used by vehicles shall be 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.
The area shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
06
No phase of the development shall be brought into use until the car parking provision for that phase, as shown on the approved site layout, has been fully implemented and made available for use. The approved parking provision shall thereafter be retained and kept available for the parking of motor vehicles.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
07
Prior to the first occupation of each dwelling, a copy of the Green Travel Plan dated May 2026, approved under application RB2026/0433, shall be supplied to the first occupier of that dwelling.
Reason
In order to promote sustainable transport choices.
Trees
08
A suitable scheme of proposed tree planting and tree pits shall be submitted to and approved by the Local Planning Authority prior to the first use of the development hereby approved. The scheme shall include the following comprehensive details of all trees to be planted:
• Full planting specification - tree size, species, the numbers of trees and any changes from the original application proposals.
• Locations of all proposed species.
• Comprehensive details of ground/tree pit preparation to include:
o Plans detailing adequate soil volume provision to allow the tree to grow to maturity
o Engineering solutions to demonstrate the tree will not interfere with structures (e.g. root barriers/deflectors) in the future
o Staking/tying method(s).
o Five year post planting maintenance and inspection schedule.
All tree planting must be carried out in full accordance with the approved scheme in the nearest planting season (1st October to 28th February inclusive). The quality of all approved tree planting should be carried out to the levels detailed in British Standard 8545, Trees: from nursery to independence in the landscape - Recommendations.
Any trees which die, are removed, uprooted, significantly damaged, become diseased or malformed within five years from the completion of planting, must be replaced during the nearest planting season (1st October to 31st March inclusive) with a tree/s of the same size, species and quality as previously approved.
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.
Ecology
09
Prior to the first use of each phase, a scheme of ecological mitigation based on the measures set out in Paragraph 8.3 of the Preliminary Ecological Appraisal approved under application RB2019/1599 shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full prior to the first use of that phase and shall thereafter be retained and maintained.
Reason
In the interests of biodiversity.
Restrictions
10
Before any of the dwellings on Plots 6, 7 or 8 are occupied, the windows at first floor on the rear elevation of no. 3 The Close shall be obscurely glazed and fitted with glass to a minimum industry standard of Level 4 obscured glazing and be non-openable, unless the part(s) of the window(s) which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The windows shall be permanently retained in that condition thereafter.
Reason
In the interests of the amenities of the occupiers of Plots 6, 7 and 8.
11
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 further windows or openings shall be inserted into the rear elevation/roofslope of no. 3 The Close.
Reason
In the interests of the amenities of the occupiers of Plots 6, 7 and 8.
12
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 further windows or openings shall be inserted into the side elevation of Plot 2 or the rear elevation/roofslope of Plot 4.
Reason
In the interests of the amenities of the occupiers of adjoining properties.
Drainage
13
Drainage works or above ground development on each Phase shall not begin until details of the proposed means of disposal of foul and surface water, including details of any off-site work and on site attenuation of surface water flows, have been submitted to and approved by the Local Planning Authority, and each phase shall not be brought into use until such approved details are implemented.
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF.
Land Contamination
14
Prior to any construction works commencing a Phase II Intrusive Site Investigation will be undertaken to assess the geotechnical and geo-environmental constraints at the site. The investigation and subsequent risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing by the Local Planning Authority.
The above should be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and Contaminated Land Science Reports (SR2 -4).
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
15
Subject to the findings above and prior to any remediation works commencing on site, a Remediation Method Statement shall be provided and approved by the Local Planning Authority. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation. The approved Remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The Local Planning Authority shall be given two weeks written notification of commencement of the remediation scheme works.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
16
In the event that during development works unexpected significant contamination is encountered at any stage, 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 Planning Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
17
If subsoils / topsoils are required to be imported to site for remedial works, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
18
Following completion of any remedial/ground preparation works a Validation Report should be forwarded to the Local Planning Authority for review and comment. The validation report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the validation report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all validation data has been approved by the Local Planning Authority.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
Informative(s)
01
You should note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust which may arise during the construction phase. If a statutory nuisance is found to exist they must serve an Abatement Notice under the Environmental Protection Act 1990. Failure to comply with the requirements of an Abatement Notice may result in a fine of up to £20,000 upon conviction in the Magistrates' Court. It is therefore recommended that you give serious consideration to reducing general disturbance by restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
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.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
03
Any impact from construction on hedgehogs can be minimised by considering the timing and method of clearance. Whilst there is no optimum time of year for habitat clearance, due to hedgehogs’ use of nests all year round, an autumn site clearance will avoid the bulk of the breeding season and will be prior hibernation. A high cut / low-cut method of removal will also allow a check for nests in between cuts.
04
Post development, and in order to increase invertebrate species and enhance the
attractiveness of the site for birds, bats and other fauna, the site would benefit from a sensitive planting scheme to include native broadleaved tree and wildflower species. Suggestions are outlined within Appendix Three of the Preliminary Ecological Appraisal submitted with this application.
In line with the NPPF (2019), any future development can incorporate several habitat enhancements, through the management and enhancement of existing habitat or the creation of new habitat.
Habitat enhancements could include:
• The planting of native tree species and shrubs within landscaped areas.
• The inclusion of nectar-rich native and ornamental plant species within the planting design to provide food for a range of invertebrates and increase aesthetic appeal.
• The erection of bird boxes around the perimeter of the site. These should be a minimum of 4 metres above ground level to avoid disturbance and reduce the potential for predation, particularly by cats.
• The inclusion of one integrated bat box in 10% of the overall development footprint to increase roosting opportunities for bats. Integrated bat boxes form part of the fabric of the building and provide a separate cavity for roosting bats, with no access to the wall cavity. They require very little maintenance.
• Gaps within boundary fencing to provide hedgehog highways throughout the site and wider landscape outside the site boundary.
05
The South Yorkshire Police Architectural Liaison Officer recommends that the development is designed and built to Secured by Design standards. www.securedbydesign.com
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
|
