| 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 as shown on the approved plans (as set out below)
(Drawing numbers
Location Plan CS-DP-165-001 Rev 1
Site Alterations Plan CS-DP-165-004 Rev 1
Site Plan CS-DP-165-004 Rev 1
Proposed Elevations CS-DP-165-005 Rev 1
Proposed Boundary treatment Elevations CS-DP-165-005 Rev 1
Proposed HGV tracking 165-011 (HGV in left), 165-012 (HGV in right), 165-013 (HGV out left), 165-014 (HGV out right),
Site Plan Wider Entrance CS-DP-165-010 Rev 1
(received 27 July and 01 October 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 CS-DP-165-005 Rev 1. 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.
Highways
04
No above ground development shall commence until details of the proposed alterations in the highway at Midland Road, indicated on plan reference CS-DP-165-011 to CS DP-165-014 Rev1, 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.
NB. You will appreciate that these works will require an Agreement under S278
Highways Act, 1980 and involve the provision of a widened vehicle access to
accommodate the swept path of an HGV.
Reason
In the interests of 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 brought into use the car parking area shown on
the submitted plan (ref Site Plan CS-DP-165-004 Rev 1) shall be provided, marked out and thereafter maintained for car parking.
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.
Yorkshire Water
07
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 Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:-
a) evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical;
b) evidence of existing positive drainage to public sewer and the current points of connection; and
c) the means of restricting the discharge to public sewer to the existing rate less a minimum 30% reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal and in the interest of sustainable drainage.
Coal Authority
08
No above ground development shall commence until the remedial and mitigation measures outlined in the supporting the Preliminary Ground Investigation Technical Note and supplementary information, to protect the development from the effects of potential land instability associated with possible unrecorded shallow coal mining activity, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed.
Reason
The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with sections L2, P2, DM2 and Annex C Information Requirements, of the National Planning Policy Framework.
09
Prior to the occupation of the development a signed statement or declaration prepared by a suitably competent person confirming that the site has been made safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm that the mitigation measures necessary to address the risks posed by past coal mining activity have been implemented in full.
Reason
The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with sections L2, P2, DM2 and Annex C Information Requirements, of the National Planning Policy Framework.
Hours of use
10
The site shall only operate between the hours of 08:00 and 18:00 Mondays to Fridays and between the hours of 09:00 and 15:00 on Saturdays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52.
Final Boundary Treatment
11
Before the development is occupied the agreed final boundary treatment (ref elevation CS-DP-165-005 Rev 1) shall be installed. The new fencing shall be painted either green or black and retained for the duration of the development.
Reason
In the interests of visual amenity.
Informatives
B8 Storage Use
01
The applicant is reminded that the Cash and Carry use falls within the B8 (storage use) and should remain as such. Any unrestricted use for the public (eg supermarket) would fall within the E Use Class which would be a different use class and may be unsuitable for this location.
RMBC Highways
02
Please note that the Local Planning Authority will not discharge Highway Condition 04 above until the required works have received full technical approval from the Highway Authority. Applicants are therefore advised not to submit any application for the discharge of this/these condition(s) until written confirmation of technical approval has been issued by the Highway Authority.
You will appreciate that this will require the applicant to enter into a s278 legal agreement to which the applicant should contact my colleague David Phillips via david.phillips@rotherham.gov.uk as soon as possible post any approvals.
Coal Mining
03 - Ground investigations, remediation works and/or mitigation measures Under the Coal Industry Act 1994 any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Mining Remediation Authority since these activities can have serious public health and safety implications. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain permission to enter or disturb our property will result in the potential for court action. Application forms for Mining Remediation Authority permission and further guidance can be obtained from our website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property Coal mining legacy related site investigations and any subsequent remediation works and/or mitigation measures shall be undertaken in accordance with authoritative UK guidance (CIRIA C758D Abandoned mine workings manual) and under the provisions of a Mining Remediation Authority Permit.
04 - Shallow coal seams In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities. 3- Requirement for Incidental Coal Agreements If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required from the Mining Remediation Authority. Further information regarding Incidental Coal Agreements can be found here
https://www.gov.uk/government/publications/incidental-coal-agreement/guidance notes-for-applicants-for-incidental-coal-agreements
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