Visit of Inspection - Meetings, agendas, and minutes - Rotherham ...

ROTHERHAM METROPOLITAN BOROUGH COUNCILPLANNING REGULATORY BOARDVISIT OF INSPECTION – THURSDAY, 31 ST JANUARY, 20131. Demolition of existing building and erection of new community, cultural &faith facility with mosque at Chapel Walk, Rotherham (RB2012/1433)Requested By:-Reason:-Councillor MiddletonTo allow Members to consider the objector’sconcerns surrounding his business operation andview these on site before coming to a decision.No. Application Area Arrival Departure1. RB2012/1433 Rotherham 9.10 a.m. 9.45 a.m.Return to the Town Hall for approximately 10.00 a.m.

SITE VISIT NO. 1 (Approximate time on site – 9.10 a.m.)Application Number RB2012/1433Proposal and Demolition of existing building and erection of new community,Locationcultural & faith facility with mosque at Chapel Walk, RotherhamRecommendation Grant subject to conditionsSite Description & LocationThis application relates to the site of the existing Chapel Walk Mosque off CentenaryWay and covers an area of 717 square metres.The existing Mosque building is a two storey structure of a simple and relativelytraditional design clad in white render. The building lies on a relatively prominent sitebetween Chapel Walk, Hall Street and Centenary Way and also benefits from a carpark on the opposite side of Chapel Walk.The existing subway under Centenary Way has an access directly to the north of theapplication site which currently benefits from shrub planting and landscaping on theslopes. Hall Street (a small leg off Chapel Walk) lies directly to the south of the site.

Chapel Walk and Hall Street are predominantly characterised by industrial premiseswith the exception of the Mosque and there are a number of large utilitarian industrialbuildings to the east and south.There are a number of trees on the frontage of Centenary Way which currentlyprovide for some screening of the existing building.The site slopes gently from north-west to south-east.Background1984/1648 – First floor extension to form ladies room – GrantedProposalThis is an application by the Rotherham Mosque Trust for the demolition of theexisting building and erection of a new community, cultural and faith facility withMosque.The building provides meeting rooms, community services, lifestyle advice, IT suiteand Study Area/Library and Mosque. The proposed development also results in arealignment of the access to the adjacent subwayThe following list of accommodation (per floor) is provided in the Design and AccessStatement:Ground FloorEntrance lobby and lift (ladies entrance)Ladies Toilet and showerFemale alutionsMulti-purpose HallKitchen AreaServery/Dining AreaEntrance lobby and lift (Main Entrance)Male Toilets and showersMale AblutionsFirst FloorFuneral/body wash roomDisabled toiletEntrance Lobby (Community Entrance)Library, IT Centre and Study Suite [82sqm]ToiletsAblution spacesMain Prayer Hall [292sqm]Prayer Hall Terrace [44.4sqm]Imam’s room [26.5sqm]

Second FloorCommunity Room [82sqm]Mosque Office [18sqm]Third FloorMezzanine Prayer Hall – LadiesToiletsAblution spacesLadies Break out area & facilitiesAtrium BalconyCommunity RoomThe main entrance to the mosque is on Hall Street (as per the existing building). Aseparate ladies entrance to the east side of the building is also proposed with afurther separate entrance for community use on Hall Street which will enable themosque element of the building to the closed when not in use.The design of the mosque is that of traditional Islamic architecture; the designincorporates significant areas of glazing with windows proposed to all sides of themosque. A traditional ‘Iwan’ (Persian) entrance feature is proposed on Hall Street.The building also incorporates a large Minaret tower which is iconic of Islamicarchitecture and a dome on the roof to be GRP clad in metal. The building itself isstepped in height with the entrance feature being the tallest element. In terms ofheights, the building (to the tallest part) is 15.6 metres in height, to the dome on theroof is 22.8 metres in height with the minaret tower being 33 metres.The minaret is proposed to have a metal capping piece. The drawings do indicate anintegrated LCD information screen around the top. However, these screens willrequire separate advertisement consent and are not therefore being considered aspart of this application.In terms of materials, the majority of the external façade is proposed to be clad inporcelain ceramic tiles and a grey brick plinth is proposed to sit under the tiles atground level. In addition it is proposed to install photovoltaic panels on the roofbehind the parapet walls.External lighting of the building is proposed in a mix of both up and down lighting onthe facades of the building particularly to highlight certain features.The existing car park to the building is proposed to be retained with the addition ofbicycle parking near the entrance to the Mosque. The supporting Design and AccessStatement indicates that there are currently 33 car parking spaces provided but withmanaged car parking (an attendant) this could extend to 43 parking spaces.Boundary treatment is proposed to comprise of a dwarf wall and railings to an overallheight of 1.8 metres.

Alterations are proposed to the existing turning head on Hall Street with threebollards proposed in the area of the turning head in the interest of pedestrian safety.In terms of capacity, a total of 459 persons would be able to use the building at anyone time and in terms of opening hours it is proposed that the Mosque will be open 7days per week between the hours of 7am and 9pm in the Winter and 4am and 11pmin the Summer. The community use is proposed to be open as per the Mosque butwith an additional 1 hour in the evening (i.e. 10pm in Winter and midnight in theSummer).Amended plans have been received as part of the application which include:• A Stage 1 Road Safety Audit;• The existing 3 car parking spaces in front of the Mosque will be removed tofacilitate a better access to the site opposite;• Amended site plan to indicate the extent of highway boundary particularly inrelation to bin storage areas and kerbing arrangements;• Highlight of disabled car parking bays in the existing Mosque car park;• Inclusion of a dropped crossing from the car park to the Mosque;• Replacement of proposed paladin fencing with a dwarf wall and railings to aheight of 1.8 metres.The following documents have been submitted in support of the planning application:Design and Access Statement;Transport Statement and Travel PlanRoad Safety AuditTree ReportBat SurveyFlood Risk InformationDevelopment Plan Allocation and Policy01 UDP PoliciesThe site is allocated as a Mixed Use Area (MU20) in the Unitary DevelopmentPlan. The UDP sets out the following uses as being acceptable in principle in thisMixed Use Area: A1, A3, B1, C1, D1 and D2.Policy EC5 ‘Mixed Use Areas’Policy ENV3.1 ‘Development and the Environment’Policy ENV3.2 ‘Minimising the Impact of Development’Policy ENV3.4 ‘Trees, Woodland and Hedgerows’Policy ENV3.7 ‘Control of Pollution’Policy T6 ‘Location and Layout of Development’Policy CR1 ‘Community and Social Provision’Other Material Considerations

National Planning Policy Framework: The NPPF came into effect on March 27 th 2012and replaced all previous Government Planning Policy Guidance (PPGs) and most ofthe Planning Policy Statements (PPSs) that existed. It states that “Development thatis sustainable should go ahead, without delay – a presumption in favour ofsustainable development that is the basis for every plan, and every decision.The NPPF notes that for 12 months from the day of publication, decision-takers maycontinue to give full weight to relevant policies adopted since 2004 even if there is alimited degree of conflict with this Framework. The Rotherham Unitary DevelopmentPlan was adopted prior to this in June 1999. Under such circumstances the NPPFstates that “due weight should be given to relevant policies in existing plansaccording to their degree of consistency with this framework (the closer the policiesin the plan to the policies in the Framework, the greater the weight that may begiven).”The Unitary Development Plan policies referred to above are consistent with theNPPF and have been given due weight in the determination of this application.PublicityThe application has been advertised by way of site notice, letters to neighbouringproperties and press notice. Two letters of objection has been received. One letter ison behalf of Simms Wood Yard. The grounds are as follows:• This is a non industrial use within an industrial area and significant weightshould be given to any adverse impact that the proposed development wouldhave on the operation of long established businesses;• There is no objection in principle to the redevelopment and expansion of thecultural and faith facilities, however the proposed development is notappropriate in this particular location;• The grounds of objection relate to the adverse impacts that the scale and formof the development would have on the adjacent highway of Hall Street whichserves as the main vehicular entrance to the Simms Wood Yard;• The proposed development involves building on land which is adoptedhighway (comprising the turning head opposite the main entrance to SimmsWood Yard). Whilst the applicant proposes a revised head at the end of HallStreet, this would be significantly less effective than that which currently existsand would not be a full turning head. The revised turning head would not beuseable for large articulated vehicles which need to access Simms Wood Yardat all times and this would result in arrangements which are more dangerousthat those which currently exist;• The removal of the essential portion of the turning head referred to wouldmake access and egress to the site very difficult;• Safety for pedestrians is a key element of the concerns raised in particular asthe new centre would have capacity for up to 459 visitors;• There is currently a general parking problem in the vicinity of the Mosque andat busy times the parking is not confined to formal car parks. Cars arefrequently parked in a manner which obstructs access to the Yard;• The existing provision of formal car parking spaces on Hall Street does causeoperational difficulties and should be relocated to the south side of the site;

• If planning permission is granted, there will be significant adverseconsequences for the viability of my clients business at Simms Wood withpotential job losses.Since the application has been deferred by Members an additional letter has beenreceived from a local resident which raises the following comments:• The proposed mosque is much larger than the one which currently exists onsite;• This area is already adequately served by Mosques. There is a Mosque innearby College Road and a Mosque on Holmes Lane, Masbrough. Neither ofthese buildings has any parking facilities and the people attending them parkon the nearby streets, thus making parking for residents very difficult at times.• With the new Council offices and the new football stadium already causingparking in this area to be less available for the residents, this building is goingto accommodate larger attendances the lack of parking in this area should begiven serious consideration. As most of the people attending do not live in thearea I feel that the needs of the local residents should be considered beforenon-residents who have no connection to the area particularly, when the areais already adequately served with mosques.ConsultationsYorkshire Water - no objections subject to conditions;Streetpride (Ecologist) - no objections subject to conditions;Streetpride (Trees and Woodlands) – Unable to support the application due to theadverse impact it will be likely to have on local amenity due to the loss of trees on theboundary with Centenary Way;Streetpride (Landscape) – no objections;Streetpride (Transportation) – no objections subject to conditions.AppraisalWhere an application is made to a local planning authority for planningpermission…..In dealing with such an application the authority shall have regard to -(a) the provisions of the development plan, so far as material to the application,(b) any local finance considerations, so far as material to the application, and(c) any other material considerations. - S. 70 (2) TCPA ‘90.If regard is to be had to the development plan for the purpose of any determination tobe made under the planning Acts the determination must be made in accordancewith the plan unless material considerations indicate otherwise - S.38 (6) PCPA2004.The main considerations in the determination of this application are:

PrincipleVisual Impact and DesignHighwaysImpact on Trees and LandscapingEcology and BiodiversityPrincipleIn terms of Local Planning Policy the application site is allocated as a Mixed UseArea in the Unitary Development Plan. UDP Policy EC5 ‘Mixed Use Areas’ statesthat: “Within Mixed Use Areas shown on the Proposals Map, a variety of land useswill be acceptable; the particular uses appropriate to each area and any limitations orrequirements pertaining to these uses or their location being set out in Chapter 7 ofthis Written Statement.”The uses identified as being acceptable in principle include Use Class D1 (NonResidential Institutions) within which the proposed development falls.Paragraph 70 of the NPPF states that:“To deliver the social, recreational and cultural facilities and services the communityneeds, planning policies and decisions should:plan positively for the provision and use of shared space, community facilities (suchas local shops, meeting places, sports venues, cultural buildings, public houses andplaces of worship) and other local services to enhance the sustainability ofcommunities and residential environments…”In addition, UPD Policy CR1 encourages the provision of community and socialfacilities in the borough. The application site is currently occupied by the existingChapel Walk Mosque and the use of the site for a Mosque and associated facilities isalready established. Its expansion is considered to meet the aims of the NPPF andUDP to provide an extended and enhanced place of worship, community facility andmeeting place to enhance the sustainability of the local community.Visual Impact and DesignParagraph 56 of the NPPF refers to good design and states that:“The Government attaches great importance to the design of the built environment.Good design is a key aspect of sustainable development, is indivisible from goodplanning, and should contribute positively to making places better for people.”Paragraph 61 goes on to identify that: “Although visual appearance and thearchitecture of individual buildings are very important factors, securing high qualityand inclusive design goes beyond aesthetic considerations. Therefore, planningpolicies and decisions should address the connections between people and placesand the integration of new development into the natural, built and historicenvironment.”

In terms of local policy, UDP Policy ENV3.1 sets out the aims to promote gooddesign in new developments:“Development will be required to make a positive contribution to the environment byachieving an appropriate standard of design having regard to architectural style,relationship to the locality, scale, density, height, massing, quality of materials, sitefeatures, local vernacular characteristics, screening and landscaping, together withregard to the security of ultimate users and their property.”The existing building is a relatively modest structure of traditional design whichoccupies a prominent position adjacent to Centenary Way (one of the main routesinto Rotherham town centre). The site also lies adjacent to an existing industrialestate and although the area is identified for a mix of uses, the majority ofsurrounding buildings are within industrial use. In context, the main town centretownscape lies to the east and at a higher level. The site is clearly visible fromCentenary Way on the approach into the town centre although there are a number ofexisting trees on the site frontage which provide some softening of the existingbuilding.The proposed building is three storeys in height and also has a considerably largerfootprint than the existing building which brings it closer to Centenary Way and HallStreet than the existing building. The height of the main building is proposed to be15.6 metres with the height to the top of the dome being 22.8 metres. This isconsidered to form the main massing of the building although it should beacknowledged that the overall height of the minaret tower is 33 metres. By way ofcomparison, the existing building is 10.6 metres in height and the All Saints ChurchSpire is approximately 57 metres in height.As set out above, the design of the mosque is that of traditional Islamic architecturewith large areas of glazing and external materials comprising of cladding in porcelaintiles. The building also incorporates a large Minaret tower which is iconic of Islamicarchitecture and a dome on the roof to be GRP clad in metal. The proposed minarethas a metal capping piece and integrated LCD information screens around the top(although this element which will be considered as part of a separate application foradvertisement consent).It is without doubt that such a substantial building in this prominent location will behighly visible and in terms of the character of the area there are currently no othersignificant buildings of Islamic architecture. Indeed, the character of this particulararea is one of industrial buildings constructed of a mix of materials includingbrickwork and metal cladding. In terms of the wider impact of the proposeddevelopment, a comparative heights plan has been submitted with the application toshow the development in the context of the wider townscape and in particular theimpact upon the Listed All Saints Church. As All Saints Church is Listed, majordevelopments in its vicinity should be considered in the light of their effect on itssetting.In terms of the impact of the development, the building is of a significant scale andmass and will therefore have an impact on the visual amenity of the surrounding

area. The development is considered to be of a high quality and uses materialswhich are reflective of its Islamic architectural style. Views from Centenary Way willbe altered by the development but it is considered that the impact of the building,given its high quality, will be positive and provide the appropriate focus required for acommunity building. The development is also considered to form a strongarchitectural feature at one of the key gateways into the town centre.The proposed minaret tower will become a landmark, however as high qualitymaterials and detailing are used for these elements it will add to the varietyexperienced within the existing skyline.Clearly the proposed dome and minaret would appear different to the more domesticVictorian and Edwardian architecture in the surrounding locality. Nevertheless, thereare examples of other buildings with towers and steeples, including nearby churches.Whilst the impact upon the street scene would be pronounced it would not beunacceptably harmful to the streetscene generally. The impact on the townscapeand in particular the Listed All Saints Church is considered to be acceptable andtaking account of the drawing showing the comparative heights of the two buildings,the Listed All Saints Church will remain as a dominant feature when viewed frommost surrounding standpoints due to its position on higher land and its overall heightmeaning that its setting should not be affected in a negative manner.In terms of boundary treatment, the plan originally submitted indicated that a paladinfence would be erected along the boundary with Centenary Way and concerns havebeen expressed regarding the use of such an industrial style fence adjacent to thelandmark building. Amended details have now been received to indicate that theboundary treatment will comprise of a dwarf wall and railings to a total height of 1.8metres. This boundary treatment is considered to be suitable subject to detaileddesign which is recommended as a condition.HighwaysParagraph 32 of the NPPF states that:“All developments that generate significant amounts of movement should besupported by a Transport Statement or Transport Assessment. Plans and decisionsshould take account of whether:● the opportunities for sustainable transport modes have been taken up dependingon the nature and location of the site, to reduce the need for major transportinfrastructure;● safe and suitable access to the site can be achieved for all people; and● improvements can be undertaken within the transport network that cost effectivelylimit the significant impacts of the development.Development should only be prevented or refused on transport grounds where theresidual cumulative impacts of development are severe.”In addition UDP Policy T6 refers to the location and layout of development andrequires regard to be had to the increasing desirability of reducing travel demand.

In this instance, the main highway related issues are: the likely impact of theproposed Mosque in terms of frequency and number of vehicular movements to andfrom the site; whether the level of parking provided is satisfactory and the impactupon on-street parking in surrounding streets.The vehicular access to the site is as existing, via Chapel Walk and the existing carpark on the opposite side of the road is proposed to be retained as existing (with theexception of marking out of accessible parking spaces).In general terms the Transport Statement submitted in support of the applicationindicates that the application site lies in a sustainable location with good access to arange of transport modes. It states that the peak time at the centre is the FridayJumu’ah Prayer which attracts a large number of worshipers to the site; this singleperiod is considered to be out of peak hours and therefore the impact on the localnetwork would be negligible. Bearing in mind that the proposal is largely a rebuildingof an existing facility on the same site, most of the trips generated by the new facilitywill be existing trips. Any additional trips will be relatively small in number.Accordingly the development will have no net adverse impact on the overall networkas the majority of trips are existing and any additional trips related to some of theintended ancillary uses will be insignificant in their impact on the local highwaynetwork.The Travel Plan submitted in support of the application details information from aTravel Survey and this sets out the following results:• 67% of respondents are in the age range 16 – 50 and only 12% stated theywere affected by any disabilities. 70% of respondents visit the Mosque lessthan 5 times a week, while 52% only visit once per week.• Approximately 30% of respondents live within a 15-20 minute walk of theMosque. The remaining respondents live further afield and the topographyalong with distance present potential barriers to walking. 10% of respondentsstated they would walk to the Mosque and already do so at times. 93% ofrespondents stated they would look to car share as a passenger if their regularmode was not available.• 73% of respondents would consider car sharing (taking/as passenger) and27% stated they already car share at times. 57% of respondents stated theywould consider car sharing if help was available to assist with finding carsharepartners. While 15% said they would be encouraged by a guaranteed lifthome if their driver let them down and 12% said they would be encouraged byreserved car parking spaces for car sharers.The main recommendation of the Travel Plan is to provide a specific leaflet andposter to promote the measures within the travel plan during construction of the newMosque building. The leaflet will give details on walking, bus, car sharing and cyclingwhilst also including details of suitable parking areas for those who rely solely on cartravel. This will be made available to all visitors within the reception area at thetemporary accommodation and will be handed out one month before constructionbegins.

As part of the redevelopment, it is also proposed to re-align the turning headarrangements at the end of Hall Street to facilitate the use of land for the newcommunity, cultural and faith facility.With regards to the objection received from the adjacent business at Simms WoodYard, the revised turning area is designed to accommodate the movements ofvehicles at Simms Wood and the Mosque. An AutoTRACK simulation software hasbeen used to track the manoeuvres of vehicles into the adjacent vehicle maintenanceyard and this indicates that the vehicles will be able to access the gate on Hall Streetwithout detriment. In addition, 3 on street parking spaces on Hall Street will beremoved which should assist in facilitating the access into the adjacent site.It is acknowledged that at present the access into the Simms Wood Yard site, viaHall Street involves complicated reversing manoevres and the site cannot beaccessed/egressed in a forward gear. Whilst the proposed development will notimprove this situation, the submitted information indicates that the situation will not beworsened and therefore a refusal on these grounds is not considered to be justified.Both the Travel Plan and Transport Statement have been audited by the Council andthe findings are concurred with. In addition a Road Safety Audit has beencommissioned with regards the main access to the building and its proximity to themovement of large articulated vehicles on Hall Street/Chapel Walk. This hashighlighted the need to remove the current on street car parking bays (3 No.) in HallStreet so as to help access / egress to/from the haulage yard. Existing No Waiting atAny Time restrictions should be extended and the Traffic Regulation Order updatedas necessary. Measures to prevent large articulated vehicles from encroaching ontothe footway adjacent the proposed building are intended. The Safety Audit did nothighlight any other concerns.Impact on trees and landscapingUDP Policy ENV3.4 refers to Trees, Woodlands and Hedgerows and states that:“The Council will seek to promote and enhance tree, woodland and hedgerowcoverage throughout the Borough.”The proposed development involves the loss of 6 trees, 5 are on the boundary withCentenary Way and one on the corner of Hall Street/Chapel Walk. The submittedTree Survey indicates that these trees are predominantly Lime or Silver Birch treeswith the exception of one Cypress. The Lime and Silver Birch trees on the boundarywith Centenary Way are identified as being semi-mature trees with a long lifeexpectancy and it is the loss of these trees which raises specific concern.The Council’s Aboriculturalist has objected to the loss of the trees on the groundsthat they provide valuable amenity on Centenary Way and also act as a filter topollution from the road.The applicant is aware of the concerns raised and consideration has been given toreplacement of the trees to be lost, however, due to the proximity of the building toCentenary Way it is not feasible on both highway safety grounds and practicality to

provide replacement trees on the frontage (adjacent to Centenary Way).Furthermore, the importance of the trees is based on their amenity in their currentlocation and whilst consideration has been given to providing replacements off site, itis not considered appropriate in this instance as this would not mitigate against theloss of these particular trees.The loss of the trees is regrettable and the decision as to whether the benefits of theproposed development outweigh the harm caused is balanced. Although there are anumber of other trees along Centenary Way it is acknowledged that the loss of the 5Lime/Silver Birch trees will result in a loss of amenity in the form of trees. However,the proposed site is constrained in terms of its floor area and in visual amenity termsit is not considered to be acceptable to make the building any higher than alreadyproposed. In addition, whilst the development results in the loss of 5 trees alongCentenary Way there are a number of other trees along Centenary Way which wouldbe unaffected by the proposed development. In this instance the proposeddevelopment is considered to be of a high quality and its visual dominance andstriking appearance are intentional, particularly to provide an architectural focus onCentenary Way. For this reason, the benefits of the redevelopment of the site toallow a high quality building are considered to outweigh the harm resulting from theloss of the 5 trees.The proposed development also results in a realignment of the access to theadjacent subway and in this regard alterations to the landscaping of the banking areproposed. This landscaping replaces those shrubs and plants which are to be lost asa result of the development and this part of the proposal is considered to beacceptable.Ecology and biodiversityThe NPPF recommends that new opportunities for biodiversity are taken indevelopments. In this instance a Bat Survey has been submitted in support of theapplication. The survey and impact assessment methodologies used are consideredto be appropriate and the results of the survey work are accepted. The existingbuilding was noted as having no evidence of bat use and low potential for providingroosting opportunities. The proposed development site also includes some trees andalthough the bat survey report does not specifically note assessment of these treesfor use by bats the emergence survey work should have picked up any presence.The removal of a number of mature trees is considered to be a minor negative impacton the biodiversity interest of the site; the landscape proposals received illustrated alimited area for new planting and the area of soft landscaping is considered toprovide a useful route to achieving biodiversity gain. A condition is thereforerecommended to ensure that some biodiversity gain is achieved on site.ConclusionIn conclusion, the proposal would create a satisfactory form of development that,subject to conditions, is acceptable given its overall design and the implications forthe visual amenity of the locality in terms of the scale, mass and architectural style ofthe mosque in its context. The site is considered to be in a sustainable location and

the impact of the development in terms of the alterations to the public highway andthe provision of parking and access to other facilities is acceptable in highway terms.Whilst the loss of trees on Centenary Way is regrettable and it is noted that there is alack of opportunity for replacement planting it is not considered that a refusal couldbe justified given the presence of a significant number of substantial trees in the areaand the high quality nature of the development.The application is therefore recommended for approval subject to the followingconditions.Conditions01The development hereby permitted shall be commenced before the expiration ofthree years from the date of this permission.ReasonIn order to comply with the requirements of the Town and Country Planning Act 1990.02Notwithstanding the details of any external materials that have been submitted withthe application, samples of all external materials shall be submitted to and beapproved in writing by the Local Planning Authority before development iscommenced. Any materials that may be agreed shall be used in the implementationof the development unless otherwise agreed in writing with the Local PlanningAuthority.ReasonTo ensure that appropriate materials are used in the construction of the developmentin the interests of visual amenity and in accordance with UDP Policy ENV3.1‘Development and the Environment’.03The permission hereby granted shall relate to the area shown outlined in red on theapproved site plan and the development shall only take place in accordance with thesubmitted details and specifications as shown on the approved plans.2010-109*-PL-006H - Amended Site Layout PlanL3615/03 -Amended Landscape Plan2010-109-PL-101A2010-109-PL-011A2010-109-PL-012A2010-109-PL-013AReasonTo define the permission and for the avoidance of doubt.04No work or storage on the site shall commence until all the trees/shrubs to beretained have been protected by the erection of a strong durable 2.30 metre highbarrier fence in accordance with BS 5837:2012 Trees in Relation to Design,

Demolition and Construction - Recommendations This shall be positioned inaccordance with details to be submitted to and approved by the Local PlanningAuthority. The protective fencing shall be properly maintained and shall not beremoved without the written approval of the Local Planning Authority until thedevelopment is completed. There shall be no alterations in ground levels, fires, useof plant, storage, mixing or stockpiling of materials within the fenced areas.ReasonTo ensure the trees/shrubs are protected during the construction of the developmentin the interests of amenity and in accordance with UDP Policies ENV3 ‘BoroughLandscape’, ENV3.1 ‘Development and the Environment’, ENV3.2 ‘Minimising theImpact of Development’ and ENV3.4 ‘Trees, Woodlands and Hedgerows’.05No development shall take place until there has been submitted to and approved inwriting by the Local Planning Authority a plan indicating the positions, design,materials and type of boundary treatment to be erected. The boundary treatmentshall be completed before the completion of the development.ReasonIn the interests of the visual amenity of the area and in accordance with UDP PolicyENV3.1 ‘Development and the Environment’.06Any plants or trees which within a period of 5 years from completion of planting die,are removed or damaged, or that fail to thrive shall be replaced. Assessment ofrequirements for replacement planting shall be carried out on an annual basis inSeptember of each year and any defective work or materials discovered shall berectified before 31st December of that year.ReasonTo ensure that there is a well laid out scheme of healthy trees and shrubs in theinterests of amenity and in accordance with UDP Policies ENV3 ‘BoroughLandscape’, ENV3.1 ‘Development and the Environment’, ENV3.2 ‘Minimising theImpact of Development’ and ENV3.4 ‘Trees, Woodlands and Hedgerows’.07Prior to the commencement of development, details of how biodiversity on the sitecan be enhanced shall be submitted to and approved in writing by the Local PlanningAuthority. The approved measures shall be incorporated into the development andretained in perpetuity.ReasonIn the interests of biodiversity08The site shall be developed with separate systems of drainage for foul and surfacewater on and off site.Reason:

In the interest of satisfactory and sustainable drainage09No development shall take place until details of the proposed means of disposal offoul and surface water drainage, including details of any balancing works and off -siteworks, have been submitted to and approved by the local planning authority.Reason: To ensure that the development can be properly drained.10Unless otherwise approved in writing by the local planning authority, there shall be nopiped discharge of surface water from the development prior to the completion of theapproved surface water drainage works and no buildings shall be occupied orbrought into use prior to completion of the approved foul drainage works.Reason:To ensure that no foul or surface water discharges take place until proper provisionhas been made for their disposal.11No development shall take place until full engineering details of the proposedalterations to the turning area at Hall Street and the realignment of the Chapel Walkapproach to the pedestrian / cycle subway under A630 Centenary Way, indicated indraft form on plan reference 2010-109 PL-006G Revision H, have been submitted toand approved in writing by the Local Planning Authority, and the approved detailsshall be implemented prior to the demolition of the existing building .ReasonIn the interests of highway safety.12Before the development is brought into use the car parking area shown on thesubmitted plan shall be provided, marked out and thereafter maintained for carparking.ReasonTo ensure the provision of satisfactory parking spaces and avoid the necessity for theparking of vehicles on the highway in the interests of road safety.13Prior to the commencement of development, a Construction Traffic ManagementPlan, including details of the method of demolition, shall be submitted to andapproved by the Local Planning Authority and the measures contained therein shallbe implemented during the construction and demolition phase.ReasonIn the interests of highway safety.

14The measures contained within the travel plan dated the 27 th July 2012 shall be fullyimplemented during the lifetime of the development. The Local Planning Authorityshall be informed of and give prior approval in writing to any subsequentimprovements or modifications to the Travel Plan following submission of progressperformance reports as time tabled in the monitoring strategy. For further informationplease contact the Transportation Unit (01709) 822186.ReasonIn order to promote sustainable transport choices.InformativesWildlife LegislationThe protection afforded to protected sites and species under UK and EU legislation isirrespective of the planning system and the applicant should therefore ensure thatany activity undertaken, regardless of the need for any planning consent, complieswith the appropriate wildlife legislation. If any protected species are found on the sitethen work should halt and an appropriately qualified ecologist consulted.The main piece of legislation relating to nature conservation in Great Britain is theWildlife and Countryside Act 1981. This Act is supplemented by the Conservation ofHabitats and Species Regulations 2010 (Habitat Regulations), the Countryside andRights of Way (CRoW) Act 2000 (in England and Wales) and the NaturalEnvironment and Rural Communities (NERC) Act 2006 (in England and Wales).All species of bats and their roosts are protected by UK and European legislation.Roosts are equally protected whether bats are present or not.The Great Crested Newt is protected by UK and European legislation. Thelegislation covers all life stages; eggs, tadpoles and adult newts are all equallycovered.Otters and their holts, including hovers and couches, which are otter resting placesabove ground, are protected by UK and European legislation.Water Vole are protected against killing, injuring or taking; possession or control;damage or destruction of its places of shelter, or disturbance while such animals areoccupying places of shelter.All birds, their nests and eggs are protected by UK law and it is an offence, withcertain exceptions, to kill, injure or take any wild bird, to take, damage or destroy thenest of any wild bird while it is in use or being built, and to take or destroy the egg ofany wild bird. Certain species receive increased protection making it an offence todisturb any wild bird listed on Schedule 1 while it is nest building or is at (or near) anest with eggs or young; or disturb the dependant young of such a bird.

Badgers and their setts are protected under the Protection of Badgers Act 1992,which makes it illegal to kill, injure or take badgers or to interfere with a badger sett.Interference with a sett includes blocking tunnels or damaging the sett in any way.The information provided is a summary only; for definitive information, primarysources should be consulted.Road closuresThe proposed development requires the Stopping-Up of part of the public highway.To apply for a Stopping-Up Order, it will be necessary to make an application underSection 247 of the Town and Country Planning Act to:The National Transport Casework Team,Department for Transport,2nd Floor,Lancaster House,Hampshire Court,Newcastle Business Park,Newcastle upon Tyne,NE4 7YH.