Rotherham Metropolitan Borough Council

Transcription

1 Rotherham Metropolitan Borough Council Town and Country Planning Act 1990 Self Architects The White House 24A St Andrews Road Sheffield S11 9AL Reference RB2014/1110 Decision Date 20 October 2014 Description and Location Erection of a bungalow at 1 Norfolk Drive North Anston Rotherham. You are hereby notified that your application for Planning Permission for the above development was GRANTED CONDITIONALLY on 20 October Condition(s) imposed: 01 The development hereby permitted shall be commenced before the expiration of three years from the date of this permission. In order to comply with the requirements of the Town and Country Planning Act 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, ) (received 13/08/2014) (Drawing numbers, ) (received 13/08/2014) (Drawing numbers, ) (received 13/08/2014) (Drawing numbers, )(received, 13/08/2014) To define the permission and for the avoidance of doubt. 03 No development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted or samples of the materials have been left on site, and the details/samples have been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details/samples.

2 RB2014/1110(Continued) To ensure that appropriate materials are used in the construction of the development in the interests of the visual amenity in accordance with Core Strategy Policy CS28 Sustainable Design. 04 Before the development is brought into use, that part of the site 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. 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 and in accordance with UDP Policy HG5 The Residential Environment. 05 Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking. 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. 06 The dwelling hereby approved shall not be occupied until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the occupation of the dwelling. In the interests of the residential and visual amenity of the area and in accordance with Core Strategy Policy CS28 Sustainable Design. Informatives 01 Control of working practices during construction phase (Close to residential) It is recommended that the following advice is followed to prevent a nuisance/ loss of amenity to local residential areas. Please note that the Council s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust. If a statutory nuisance is found to exist they must serve an Abatement Notice under the Environmental Protection Act Failure to comply with the requirements of an Abatement Notice may result in a fine of up to 20,000 upon conviction in Rotherham Magistrates' Court. It is therefore recommended that you give serious consideration to the below recommendations and to the steps that may be required to prevent a noise nuisance from being created.

3 RB2014/1110(Continued) (i) Except in case of emergency, operations should not take place on site other than between the hours of 08:00 18:00 Monday to Friday and between 09:00 13:00 on Saturdays. There should 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 Local Planning Authority should be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided. (ii) Heavy goods vehicles should only enter or leave the site between the hours of 08:00 18:00 on weekdays and 09:00 13:00 Saturdays and no such movements should take place on or off the site on Sundays or Public Holidays (this excludes the movement of private vehicles for personal transport). (iii) 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 Local 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. (iv) Effective steps should 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. 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. Please read the attached NOTES carefully. pp Director of Planning, Regeneration & Cultural Services

4 NOTES RB2014/1110(Continued) 1. THIS FORM RELATES TO PLANNING CONTROL ONLY. Where planning permission is granted and an application has also been made under the Building Regulations a separate communication will be sent to you giving notice of the Council s decision and WORK MUST NOT BE COMMENCED BEFORE SUCH DECISION HAS BEEN RECEIVED. Any other statutory consent necessary must be obtained from the Council or other appropriate authority. Party Wall Act You are advised to take account of the Party Wall Act 1996 insofar as the carrying out of development affecting or in close proximity to the boundary with adjoining property is concerned. 3. Appeals to the Secretary of State If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act If you want to appeal against this decision then you must do so within 6 months of the date of this notice, unless this is a decision to refuse planning permission for a householder application, then you must do so within 12 weeks of the date of this notice. Where an enforcement notice has been served in relation to the same, or substantially the same, development, within 2 years of the date the application was made, the period for receiving a planning appeal is within 28 days of the date of this decision notice or of the date by which the LPA should have decided the application (unless this would extend the period beyond the normal deadline). For the definition of a householder application please see Statutory Instruments 2009 No. 452 The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations Viewable at Appeals must be made using a form which you can get from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order. In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based their decision on a direction given by him. 4. Purchase Notices If either the local planning authority or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the

5 RB2014/1110(Continued) land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted. In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Council or Common Council of the City of London) in whose area the land is situated. This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act If permission to develop land is refused or granted subject to conditions, whether by the Council or by the Secretary of State, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted he may serve on the Council a purchase notice requiring the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act In certain circumstances a claim for compensation may be made against the Council where permission is refused or granted subject to conditions by the Secretary of State on appeal or on a reference of the application to him. The circumstances in which compensation is payable are set out in Part V of the Town and Country Planning Act Discharge/compliance of condition Please note that under regulation 11(D) of the Town and Country Planning (fees for applications and deemed applications) (amendment) (England) Regulations 2008, a fee is chargeable of 97 per request (or 28 where the related planning permission was for extending or altering a dwelling house) for the discharge and/or compliance with a condition. To avoid any unnecessary cost we would recommend that you submit all the required information for discharge of conditions in one application as the fee is payable per request. Rotherham Metropolitan Borough Council Development Management Planning, Regeneration & Cultural Services Riverside House Main Street Rotherham S60 1AE Telephone: (01709)