Marketing Brief Pithouse West Rotherham Landmark Leisure

Transcription

Marketing Brief
Pithouse West Rotherham
Landmark Leisure / Tourism Development Opportunity
1.
Introduction

Location and description of site
The Pithouse West site is ideally located immediately to the north of
the Rother Valley Country Park which is 9.5km (6-miles) to the south of
Rotherham Town Centre and approximately 10km (6.4-miles) to the
south east of Sheffield City Centre and the Meadowhall Shopping
Centre. The site has excellent access links to both the national &
regional motorway network with J31 of the M1 being only some 3.2km
(2-miles) to the East.
The total site area extends to around 135 hectares (333.5 acres) or
thereabouts and a copy of the general location plan is attached to this
Marketing Brief at Appendix (1).
The adjacent Rother Valley Country Park is a popular open air leisure
facility with three lakes providing a range of non-motorised water sports
activities including a cable water ski facility. The park also has a golf
course & driving range, a childrens’ outdoor play area, all together with
a number of food outlets and small scale craft operations.
30% of the UK population live within a two hour drive of the Pithouse
West site giving an excellent catchment area of over 23m residents
and potential visitor figures of over 6m tourists annually.

Site development history including summary of YES! Project
The Pithouse West site currently has the benefit of an outline planning
permission in respect of the former YES! Project. This was a large
scale leisure/tourism led development with the existing consent
comprising themed entertainment leisure facilities; 3 & 4 star resort
hotels; spa & health complex; conference & convention centre;
exhibition centre; sports centre with both indoor & outdoor facilities and
ancillary retail facilities, together with car parking, a rail station, coach
and bus termini, landscaping and a foot & cycle path network.
The YES! Project outline planning application was granted approval in
December 2010 subject to planning conditions and the completion of a
Section 106 agreement. The permission requires the submission of
reserved matters within 5 years of the date of the outline permission,
though no such details have as yet been submitted.
A copy of the Decision Notice for this existing consent is attached at
Appendix (2).
The site is allocated as Green Belt in the current Unitary Development
Plan (adopted 1999) and this allocation is retained in the Rotherham
Local Plan which is due to replace the UDP and be formally adopted
within the next 2 years. The Core Strategy has been adopted
(September 2014) and Policy CS11 ‘Tourism and the Visitor Economy’
states that: “The Council will support proposals for a comprehensive,
regional scale leisure and tourist attraction north of Rother Valley
Country Park compatible with its location within the Green Belt.”
For any further planning related enquiries in connection with the site,
including details of the formal pre-application service that we
encourage applicants to follow, please contact the Local Planning
Authority (LPA) at Environment & Development Services Rotherham
MBC Level 3 Riverside House Main Street Rotherham S60 1AE.
Contact Officer
- Bronwen Knight (Planning Manager)
Tel: 01709 823866 or Email [email protected]
Or
- Chris Wilkins (Development Manager – South)
Tel: 01709 823832 or Email [email protected]

Legal title pack information
1. HMLR Official Office Copy Entries and filed plan for the Pithouse
West Site under title number SYK 442301 – (dated 5.3.15).
2. Copy of the transfer dated 7th December 2001 and made
between (1) The Coal Authority and (2) Rotherham Metropolitan
Borough Council.
Copies of the above documents can be found in Appendix (3) of the
Marketing Brief.

Coal Authority clawback and restrictive covenant provisions
The Pithouse West site is to be sold subject to the existing clawback
arrangements that are currently in place in favour of the Coal Authority.
These are set out in the Fourth Schedule of the 2001 transfer to RMBC
as referred to above and are briefly summarised as follows:
1. The clawback period is for 20-years from the date of the transfer
(expiring on 6th December 2021).
2. A permitted development platform has been defined on a plan
attached to the 2001 transfer.
3. In the event of any development taking place on that platform
the clawback payable is limited to 10% of the uplift in value
following implementation of a planning permission.
4. In the event of development taking place elsewhere on the site a
clawback payment of 50% applies.
5. Any “due payment” arising under these clawback provisions is to
be paid within 4-weeks of the implementation of a planning
permission.
The sale of the Pithouse West site would be made on the basis that the
buyer is to be responsible for payment of any clawback pursuant to the
2001 transfer and it is, therefore, recommended that development be
concentrated on the development platform identified in the 2001
transfer.

Broad aims and aspirations of the Council
The aspiration of the Council as landowner of the Pithouse West site is
to bring about a distinctive landmark leisure-led development of
regional / national significance.
The Council’s key objectives for any disposal of the site are for it to;
-

deliver a high quality ecologically and environmentally
sustainable development
promote and add significant value to leisure-led tourism in the
region
maximise the potential of the adjacent Rother Valley Country
Park as a complementary recreational leisure destination
provide a high quality, sustainably built and designed
development
engage with local stakeholders in the development and
operation of the project
generate significant regeneration benefits to the Borough of
Rotherham, South Yorkshire and the wider region
Practical timings and mechanics for receipt and opening of
submissions.
Application Procedure
Applications consisting of 5 paper copies and 2 electronic / CD copies
of the questionnaire and all supplementary data, must be forwarded to
the offices of:The Town Hall Manager
Rotherham Borough Council
Town Hall
Moorgate Street
Rotherham
S60 2TH
By 4:00pm on Friday 8 May 2015.
Submissions should be clearly marked using the relevant envelope
label included within the marketing documents pack and should not
bear any external marks with the bidders name or other identifying
marks.
Offers not made in the official envelope will not be accepted and will be
returned.
2.
Requirements of Submissions
The following requirements must be fully adhered to when submitting
any proposed offer for the acquisition of the Pithouse West site.
However, as stated above the Council will accept any other supporting
information or documents that the prospective purchasers feel may
support their submission.
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3.
Supplementary questions attached to the summary form of offer to
support the offer submission.
Offerees “concept” - including a detailed description of the proposed
scheme, the masterplan for the development and any timings and
background research available. It is acknowledged that this will vary in
detail between the offerees depending upon the stage at which they
are at in formulating their plans.
The impact of the offerees concept on the community and the benefits
that it will accrue to the local & regional economy and supply chains.
The offeree’s financial proposal for the acquisition of the Pithouse West
site clearly shown in GBP’s - this item is to be linked to the sample
Heads of Terms provided in order to make evaluating the various
submissions easier by ensuring that RMBC will be comparing like with
like. Any bids must clearly show any proposed phased drawdown
options or any other financial mechanisms for the purchase
Demonstration that the offeree is in funds for the proposed purchase –
and if not a clear explanation as to how the funding for the
development is anticipated. Details (if relevant) of the offeree’s
proposals for which areas of Pithouse West site are to be developed –
identification on a plan.
Sample “Heads of Terms”
Sample Heads of Terms have been provided for the proposed disposal
of the Pithouse West site – the Council will consider all options for the
transfer of the property and this can be by way of a freehold transfer or
a long leasehold agreement. The Council acknowledge that the
structure of all the bids submitted could vary significantly and the draft
HoT’s have been provided to allow for variations in the bids, but also to
be sufficiently narrow to assist RMBC in evaluating the bids against
each other.
Please note that under Clause 11 of the sample HoT’s the successful
purchaser will be responsible for their own costs in relation to the
sale/lease agreement and also RMBC’s reasonable legal costs /
surveyor’s fees incurred in the sale transaction (including any abortive
costs).
4.
Evaluation Criteria
The evaluation of the offers submitted will be based upon the following
criteria;



Economic Development & Quality – concept and vision for the
proposed scheme, built design of the proposals and environmental &
ecological sustainability, regeneration benefits and financial
sustainability of the proposal, benefits to the adjacent Rother Valley
Country Park and local community, benefits to the local economy
including job creation;
Delivery – financial strength of the bid proposal / offer, company
standing and track record, proven experience of the project team;
timing/phasing for the delivery of the proposed development
Financial Offer – price (the amount the bidder may be able to quote or
their proposed mechanism for establishing the price), timing or
structure of payment of the price, consideration for any profit share
offered or overage provisions
Scoring Matrix
A detailed breakdown of the scoring matrix to be adopted by RMBC for
the evaluation process of all the offers submitted is shown below;
Evaluation Criteria
Economic Development & Quality
Concept and design for the proposed scheme
Consideration of environmental and ecological sustainability
Benefits to the local economy including job creation
Regeneration benefits and financial sustainability of the proposal
Benefits to the adjacent Rother Valley Country Park and local community
Scoring
(40%)
Delivery
Financial strength of the offeree
Company standing and track record of delivering large scale leisure
based schemes
Scheme timing/phasing of the proposed development
(35%)
Financial Offer
Offer price – the amount the bidder is prepared to pay for the land
Timing and structure of payments for the price to be paid
Consideration for any profit share offered or overage provisions
(25%)
100%
Rotherham Metropolitan Borough Council
Form DFCOUT.DOC
Town and Country Planning Act 1990
RB2010/0097 (OUT)
Town and Country Planning
Development Orders
Reference
08 December 2010
Decision Date
Signet Planning Ltd
Mr S Chadwick
The Hamlet
Hornbeam Park
Harrogate
HG2 8RE
Description and Location
Outline application for proposed leisure/tourism development (use Class D2 & C1) comprising
themed entertainment leisure facilities; resort hotel; spa & health facility; conference and
convention centre; exhibition centre, 3 star & 4 star hotels; Xtreme sports centre with indoor &
outdoor facilities; second indoor sports facility; hi-tech outdoor golf driving/target range; ancillary
use Class A3/A4 and retail facilities; medical, management & staff facilities; new access; car
parking; rail station; coach & bus termini;stategic landscaping and footpath network (renewal of
RB2005/0237) at land north of Rother Valley Country Park Aston Way Aston Rotherham for Oak
Holdings Plc
You are hereby notified that your application for OUTLINE PLANNING PERMISSION for the
above development was GRANTED CONDITIONALLY on 08 December 2010 under Article 3(1)
of the Town and Country Planning (Development Management Procedure) Order 2010 subject to the
following standard conditions:
(a)
(b)
Application for approval of reserved matters must be made within three years of the date of this permission.
The development hereby approved must be begun not later than whichever is the later of the following dates:
(i)The expiration of five years from the date of this permission; OR
(ii)The expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates,
the final approval of the last such matter to be approved.
Additional Condition(s) imposed:
1.
Before the commencement of the development, details of the scale and appearance of the buildings
and the landscaping of the site shall be submitted to, and approved by, the Local Planning Authority
and the development shall be carried out in accordance with the approved details.
2.
Details of the proposed means of disposal of foul and surface water drainage, including details of any
off-site work, shall be submitted to, and approved by, the Local Planning Authority and the
development shall not be brought into use until such approved details are implemented.
3.
Prior to the commencement of development, details of measures to preclude unauthorised vehicular
access to the site, shall be submitted to, and agreed in writing by, the Local Planning Authority. The
agreed measures shall be implemented in accordance with an agreed programme.
4.
Prior to the commencement of development, details of the proposed internal footpath links including
their future status as definitive rights of way, and their ongoing maintenance, shall be submitted to,
and agreed in writing by, the Local Planning Authority, and the development shall be implemented in
accordance with the approved details.
5.
Surface water from areas likely to receive petrol/oil contamination (e.g. vehicle parking areas) shall
be passed through effective oil/grit interceptors prior to discharge to any sewer or watercourse.
6.
Before the development is brought into use, that part of the site to be used by vehicles shall be
constructed with either:-
RB2010/0097 (Continued)
(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.
7.
Prior to the commencement of development details of the measures to be employed to prevent the
egress of mud, water and other detritus onto the highway and details of the measures to be employed
to remove any such substance from the highway shall be submitted to, and approved in writing by,
the Local Planning Authority. Such measures shall be used for the duration of the works.
8.
Before the development is commenced road sections, constructional and drainage details shall be
submitted to and approved by the Local Planning Authority.
9.
No tree shall be cut down, uprooted or destroyed nor shall any tree be pruned other than in
accordance with the approved plans and particulars, without the written approval of the Local
Planning Authority. Any pruning works approved shall be carried out in accordance with British
Standard 3998 (Tree Work). If any tree is removed, uprooted or destroyed or dies, another tree shall
be planted in the immediate area and that tree shall be of such size and species, and shall be planted
at such time, as may be specified in writing by the Local Planning Authority.
10.
Prior to the commencement of the development a landscaping masterplan shall be submitted to, and
approved by, the Local Planning Authority. It shall detail all the measures to be undertaken to
mitigate the landscape impacts of both the construction phase and the development itself. Protection
of existing features to be retained together with proposals for treatment of levels screen mounding
and structure planting shall be incorporated into the masterplan. The scheme shall thereafter be
implemented in accordance with the approved landscaping masterplan within a timescale to be
agreed in writing with the Local Planning Authority.
11.
Prior to the commencement of the development a scheme for the advanced mounding and structure
planting shall be implemented in accordance with the approved landscape masterplan. Such scheme
to provide for species, siting, planting distances, programme of planting and maintenance to
establishment and any plants dying, removed or destroyed within 5 years of planting shall be replaced
in a manner to be agreed with the Local Planning Authority.
12.
All applications for the approval of reserved matters shall have regard to the landscape masterplan
and where not detailed in the masterplan shall include a detailed planting plan. Such plan shall be
prepared to a minimum scale of 1:200 and shall clearly describe:· 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.
13.
No development shall take place 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 development is
brought into use.
14.
No development shall take place until samples of the materials to be used in the construction of the
external surfaces of the development hereby permitted have been submitted to, and approved in
writing by, the Local Planning Authority and the development shall be carried out in accordance with
the approved details.
15.
All cooking fumes shall be exhausted from the building via a suitable extraction and/or filtration
system. This shall include discharges at a point not less than one metre above the highest point of the
ridge of the building or any such position as may be agreed in writing by the Local Planning
Authority prior to the commencement of the development. The extraction/filtration system shall be
maintained and operated in accordance with the manufacturer's specifications, details of which shall
be submitted to, and approved by, the Local Planning Authority prior to installation and it shall
thereafter be operated effectively during cooking. All systems shall take into account the document
'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems' published
by DEFRA January 2005.
16.
Prior to the commencement of the development, the developer shall submit a site investigation report
for the approval of the Local Planning Authority. The investigation shall address the nature, degree
and distribution of contamination on site and its implications on the health and safety of site workers
and nearby persons, building structures and services, final end users of the site, landscaping schemes
and environmental pollution, including ground water, and make recommendations so as to ensure the
safe development and use of the site. The sampling and analytical strategy shall be approved by the
Local Planning Authority prior to the start of the survey and all recommendations and remedial
works contained within the approved report shall be implemented by the developer, prior to
occupation of the site.
17.
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 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.
18.
Prior to the commencement of development, an assessment of the light pollution impact of the
proposed development, together with mitigation measures and details of the proposed lighting to the
public areas and car parks shall be shall be submitted to, and agreed in writing by, the Local Planning
Authority. The development shall proceed in accordance with the agreed scheme.
19.
Prior to the commencement of the development, a wildlife management strategy including details of
an updated ecological assessment, any necessary mitigating measures, a scheme of biodiversity
improvements and a monitoring scheme shall be submitted to, and agreed in writing by, the Local
Planning Authority. The development shall proceed in accordance with the approved details.
20.
Prior to the commencement of development, a Travel Plan shall have been submitted to, and
approved by, the Local Planning Authority. The plan shall include clear and unambiguous objectives,
modal split targets, together with a time bound programme of implementation, monitoring and
regular review and improvement. The Travel Plan shall thereafter be implemented in accordance with
the programme of implementation. The Local Planning Authority shall be informed of and give prior
approval in writing to any subsequent improvements or modifications to the travel plan following
submission of progress performance reports as time tabled in the programme of implementation.
21.
The development shall not be commenced until details of the proposed roundabout at the junction of
A57 Aston By-Pass and A618 Mansfield Road North, as indicated in draft form on drawing No.
SK/02, have been submitted to, and approved by, the Council and the approved details shall be
implemented before the development is brought into use.
22.
The development shall not be commenced until details of the proposed alterations to the eastbound
entry arm to the junction of the A57 Aston By-Pass and A618 Mansfield Road South, outlined in
draft form in paragraph 6.4.8 of the TA, have been submitted to, and approved by, the Council and
the approved details shall be implemented before the development is brought into use.
23.
The development shall not be commenced until details of bus shelters on both sides of A57
Chesterfield Road in the vicinity of the site access have been submitted to, and approved by, the
Council and the approved details shall be implemented before the development is brought into use.
24.
The development shall not be commenced until details of a continuous, prospectively adoptable
footway between points A-B indicated on the attached copy extract plan have been submitted to, and
approved by, the Council and the approved details shall be implemented before the development is
brought into use.
25.
A footway of minimum width 2 metres shall be provided, in accordance with details to be submitted
to, and agreed in writing by, the Local Planning Authority, alongside the proposed internal access
road before the development is brought into use.
26.
The proposed internal access road shall be constructed to dual carriageway standard between points
C-D indicated on the attached copy extract plan, in accordance with details to be submitted to, and
agreed in writing by, the Local Planning Authority
27.
The proposed on site car parking facilities shall accord with the Council's Interim Maximum Car
Parking Standards.
28.
Secure cycle parking facilities shall be provided in the vicinity of the entrance to the proposed
building(s) in accordance with the Council's Cycle Parking Standards for New Development.
29.
There shall be no vehicular access to or from the site via Delves Lane.
30.
The improvements to the National Cycle Network Route 6 indicated on the attached extract plan
reference 182/7/54/ST03 shall be implemented before the development is brought into use.
31.
Prior to the commencement of development a remediation statement shall be submitted to, and
approved in writing by, the Local Planning Authority. If remedial works are necessary, then the
remediation statement will demonstrate how the works will render the site suitable for use and will
describe the works in relation to the development hereby permitted. It shall include full details of any
works to be undertaken, including the phasing of works, proposed site clean up criteria, site
management procedures, contingencies and how the works will be validated.
32.
Prior to the use being commenced, a scheme shall be submitted to the Council for approval in
writing, indicating strategies to be implemented to enable local people access to job opportunities
arising from the development site. Within 12 months of the use being commenced a statement shall
be provided to and approved in writing by the Local Planning Authority demonstrating how
occupants have complied with the approved scheme.
33.
No development shall be commenced until a scheme that shows no loss of flood plain storage and no
change in flow characteristics in Pigeon Brooks has been submitted to, and approved in writing by,
the Local Planning Authority. The scheme shall be implemented in accordance with the approved
programme and details
34.
The development shall not be brought into use, until the mitigation measures set out table 4.7 of
chapter 8 of the Environmental Statement have been implemented, along with any additional
mitigation measures required by the wildlife management strategy referred to in condition 19 above.
35.
The development shall include the provision of a 5m wide green corridor with a 2m wide reedbed
along the watercourse within the development disk, details of which, including future maintenance,
shall be submitted to, and agreed in writing by, the Local Planning Authority, prior to the
commencement of development. The watercourse shall be provided and thereafter maintained in
accordance with the approved details.
36.
Any liquid storage tanks should be located within a bund with a capacity of not less than 110% of the
largest tank or largest combined volume of connected tanks.
37.
No development shall be commenced until a scheme for the provision and implementation of a,
surface water run off limitation has been submitted to, and agreed in writing by, the Local Planning
Authority. The scheme shall be implemented in accordance with the approved programme and
details.
38.
Surface water from areas likely to receive petrol/oil contamination (e.g. vehicle parking areas) shall
be passed through effective oil/grit interceptors prior to discharge to any sewer or watercourse.
39.
The development hereby approved shall be designed to achieve a BREEAM Very Good rating as a
minimum. Relevant applications for approval of Reserved Matters shall be accompanied by a
BREEAM Report which shall be submitted to, and approved in writing by, the Local Planning
Authority. The buildings shall subsequently be developed in accordance with the approved details.
40.
Prior to the commencement of development, a sustainable waste management strategy shall be
submitted to, and agreed in writing by, the Local Planning Authority. The development shall be
implemented in accordance with the details in the agreed strategy.
41.
Prior to the commencement of development, a site management strategy shall be submitted to and
agreed in writing by the Local Planning Authority. The strategy shall set out the relationship between
the development and the remainder of the Park including details of the enhancement of the existing
facilities at the Park. The development shall be implemented in accordance with the details in the
agreed strategy.
42.
The construction shall be phased to reduce the impact on ecological interests, in accordance with
details to be submitted to, and agreed in writing by, the Local Planning Authority prior to the
commencement of development. The development shall proceed in accordance with the agreed
scheme.
43.
The development hereby approved shall comply with the criteria for Secured by Design. As part of
the detailed design of the scheme, a Secured by Design statement shall be submitted indicating how
the principles of Secured by Design have been incorporated into the design.
44.
The footprint of the development disk shall be no more than 12ha in size.
45.
The maximum height of the buildings shall not exceed 81m AOD.
46.
No one retail store shall exceed 1,500 sq m gross.
47.
The minimum number of A1 retail stores shall be 10.
48.
The sponsors mall units shall only be used in connection with events being held in the
exhibition/conference/convention centre, and should not be used for any retail sales.
49.
Prior to the commencement of development, details of real time passenger information shall be
submitted to, and agreed in writing by, the Local Planning Authority. The systems shall be provided
in accordance with the agreed details, prior to the opening of the facility.
50.
Prior to the commencement of development, further survey work shall be undertaken to assess the
presence of the Bittern and other protected species on the site. Development shall not commence
during the wintering or breeding season, or until appropriate suitable alternative habitat is provided,
in accordance with a detailed scheme to be submitted to, and agreed in writing by, the Local Planning
Authority.
51.
No building or other obstruction shall be located over or within 5 metres either side of the centre line
of the sewer which crosses the site.
52.
Prior to the commencement of development, a desktop archaeological survey shall be carried out, and
the results submitted to the Local Planning Authority. The development shall be carried out in
accordance with an agreed methodology following the submission of the survey report.
53.
The developer shall give a minimum of 21 days written notice prior to commencement of any works
on the application site to the Local Planning Authority and to the South Yorkshire Archaeology
Service, Planning Transport and Highways, Howden House, 1, Union Street, Sheffield. S1 2SH
(telephone (0114) 2736428 or 2736354). Thereafter, access shall be given to the duly authorised
representatives of the above at reasonable all times to allow observation of excavations and the
recording of any finds or other items of interest.
54.
Before the development is first commenced on site, an air quality screening and impact report,
including any necessary design measures to limit public exposure to air pollutants, shall be submitted
to, and approved in writing by, the Local Planning Authority and the mitigation measures shall be
implemented and incorporated in the development, in accordance with the approved report.
55.
The detailed plans to be submitted in accordance with the requirements of this permission shall
include a tree survey in accordance with BS 5837:2005 Trees in Relation to Construction
Recommendations section 4.2 to 4.5.to include all the existing trees on and adjacent to the site that
may be affected by any development and the following details:1. Reference number (to be recorded on the tree survey plan to a scale and level of accuracy
appropriate to the proposal);
2.
Species (common and scientific names, where possible);
3.
Height in metres;
4.
Stem diameter in millimeters at 1.5 m above ground level (on sloping ground to be taken on the
upslope side of the tree base) or immediately above the root flare for multi-stemmed trees;
5.
Branch spread in metres taken at the four cardinal points to derive an accurate representation of
the crown (to be recorded on the tree survey plan);
6.
Height in metres of the crown clearance above adjacent ground level (to inform on ground
clearance , crown stem ratio and shading);
7.
Age class (young, middle aged, mature, over-mature, veteran);
8.
Physiological condition (e.g. good, fair, poor, dead);
9.
Structural condition, e.g. collapsing, the presence of any decay and physical defect;
10.
Preliminary management recommendations, including further investigation of suspected
defects that require more detailed assessment and potential wildlife habitat;
11.
Estimated remaining contribution in years (e.g. less than 10, 10-20, 20-40, more than 40);
12.
R or A to C category grading (see table 1) to be recorded and indicated on the tree survey
plan.
In addition the following details shall also be submitted for consideration and approval:·
root protection areas (RPA)
·
a tree constraints plan (TCP)
·
construction exclusion zones
·
tree protection plan (TPP)
·
arboriculturalimplication assessment (AIA)
·
arboriculturalmethod statement (AMS)
·
existing and proposed contours and levels
56.
No work or storage on the site shall commence until all the trees/shrubs to be retained have been
protected by the erection of a strong durable 2.30 metre high barrier fence in accordance with BS
5837: 2005 Guide for Trees in Relation to Construction. This shall be positioned in accordance with
details to be submitted to, and approved by, the Local Planning Authority. The protective fencing
shall be properly maintained and shall not be removed without the written approval of the Local
Planning Authority until the development is completed. There shall be no alterations in ground
levels, fires, use of plant, storage, mixing or stockpiling of materials within the fenced areas.
57.
All tree works shall be carried out in accordance with B.S.3998: 1989. The schedule of all tree works
shall be approved by the Local Planning Authority before any work commences and no tree work
shall commence until the applicant or his contractor has given at least seven days notice of the
intended starting date to the Local Planning Authority. The authorised works should be completed
within 2 years of the decision notice otherwise a new application for consent to carry out any tree
work will be required.
58.
The application for approval of reserved matters must be made within five years of this permission.
59.
The development hereby approved must be begun not later than which ever is the later of the
following dates:·
The expiry of seven years from the date of this permission or
·
The expiry of two years from the final approval of reserved matters or, in the case of approval
on different dates, the final approval of the last such matter to be approved.
Reason(s) for Additional Condition(s):
1.
No details of the matters referred to having been submitted, they are reserved for the subsequent
approval of the Local Planning Authority.
2.
To ensure that the development can be properly drained in accordance with UDP policies ENV3.2
‘Minimising the Impact of Development’ and ENV3.7 ‘Control of Pollution’.
3.
In the interests of residential amenity in accordance with Policy ENV3.1 development and the
environment.
4.
In the interests of amenity in accordance with Policy ENV3.1 development and the environment.
5.
To prevent pollution of any watercourse in accordance with UDP policies ENV3.2 ‘Minimising the
Impact of Development’ and ENV3.7 ‘Control of Pollution’.
6.
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.
7.
In order to ensure the development does not give rise to problems of mud/material deposit on the
adjoining public highway in the interests of road safety.
8.
No details having been submitted they are reserved for approval.
9.
In the interests of the visual amenities of the area and in accordance with UDP Policies ENV3
‘Borough Landscape’, ENV3.1 ‘Development and the Environment’, ENV3.2 ‘Minimising the
Impact of Development’ and ENV3.4 ‘Trees, Woodlands and Hedgerows.’
10.
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity
and in accordance with UDP Policies ENV3 ‘Borough Landscape’, ENV3.1 ‘Development and the
Environment’, ENV3.2 ‘Minimising the Impact of Development’ and ENV3.4 ‘Trees, Woodlands
and Hedgerows’.
11.
and Hedgerows’.
12.
and Hedgerows’.
13.
In the interests of the visual amenity of the area and in accordance with UDP Policy ENV3.1
‘Development and the Environment’.
14.
To ensure that appropriate materials are used in the construction of the development in the interests
of visual amenity and in accordance with UDP Policy ENV3.1 ‘Development and the Environment’.
15.
So as to ensure correct dispersion of cooking odours to avoid disamenity to the locality and in
accordance with UDP Policy ENV3.7 ‘Control of Pollution’.
16.
In the interests of safe redevelopment and afteruse of this site and in accordance with UDP Policy 4.4
‘Contaminated Land’.
17.
In the interests of local amenity, in accordance with Policy WM 1.3 of the adopted UDP.
18.
In order to ensure that the impacts of light pollution are acceptable, in accordance with Policy
ENV3.7 of the UDP.
19.
In order to ensure the effective management of the site, in the interest of the long term sustainability
of the area.
20.
To encourage the use of means other than the private car, in accordance with PPG13.
21.
In order to ensure a safe and satisfactory means of vehicular access to the site.
22.
23.
In order to ensure appropriate public transport provision.
24.
In the interests of pedestrian safety.
25.
In the interests of pedestrian safety.
26.
27.
In order to encourage sustainable travel to/from the site.
28.
In order to encourage travel by means other than the private car.
29.
In the interests of highway safety.
30.
In order to encourage travel by means other than the private car.
31.
In order to ensure that contamination issues are properly addressed.
32.
In order to ensure that the development assist the local economy.
33.
To ensure that there are no discharges to the public sewerage system which may injure the sewer,
interfere with the free flow or prejudicially affect the treatment and disposal of its contents.
34.
In order to ensure that appropriate measures to ensure the protection of the species are put in place.
35.
36.
37.
38.
To prevent pollution of any watercourse in accordance with UDP policies ENV3.2 ‘Minimising the
Impact of Development’ and ENV3.7 ‘Control of Pollution’.
39.
In order to secure a sustainable development in accordance with Planning Policy Statement 1
‘Creating Sustainable Communities’ and Regional Spatial Strategy YH2.
40.
In the interests of sustainable waste disposal and energy use.
41.
In the interests of the wider park.
42.
43.
In the interests of security and crime reduction.
44.
In order to comply with the revised application.
45.
In order to comply with the revised application.
46.
In order to ensure that the retail element of the proposal is not expanded, and remains an ancillary
facility.
47.
facility.
48.
facility.
49.
In order to ensure that maximum use is made of the public transport provision, in accordance with
PPG13.
50.
51.
To ensure that there are no discharges to the public sewerage system, which may injure the sewer,
52.
To ensure that adequate notice is given for recording and monitoring of any archaeological finds and
features in accordance with UDP policies ENV2 ‘Conserving the Environment’, ENV 2.2 ‘Interest
Outside Statutorily Protected Sites’ and ENV2.3 ‘Maintaining the Character and Quality of the
Environment’.
53.
To ensure that adequate notice is given for recording and monitoring of any archaeological finds and
features in accordance with UDP policies ENV2 ‘Conserving the Environment’, ENV 2.2 ‘Interest
Outside Statutorily Protected Sites’ and ENV2.3 ‘Maintaining the Character and Quality of the
Environment’.
54.
In accordance with Policy ENV 3.7 Control of Pollution of the Unitary Development Plan.
55.
In order that the Local Planning Authority may consider the desirability of retaining trees in the
interests of amenity and in accordance with UDP Policies ENV3 ‘Borough Landscape’, ENV3.1
‘Development and the Environment’, ENV3.2 ‘Minimising the Impact of Development’ and ENV3.4
‘Trees, Woodlands and Hedgerows’.
56.
To ensure the trees/shrubs are protected during the construction of the development in the interests of
amenity and in accordance with UDP Policies ENV3 ‘Borough Landscape’, ENV3.1 ‘Development
and the Environment’, ENV3.2 ‘Minimising the Impact of Development’ and ENV3.4 ‘Trees,
Woodlands and Hedgerows’.
57.
To ensure the tree works are carried out in a manner which will maintain the health and appearance
of the trees in the interests of the visual amenities of the area and in accordance with UDP Policies
ENV3 ‘Borough Landscape’, ENV3.1 ‘Development and the Environment’, ENV3.2 ‘Minimising
the Impact of Development’ and ENV3.4 ‘Trees, Woodlands and Hedgerows’.
58.
In order to comply with the requirements of the Town and Country Planning Act 1990.
59.
In order to comply with the requirements of the Town and Country Planning Act 1990.
Important:
Standard conditions (a) and (b) are imposed pursuant to Section 92 of the Town and Country
Planning Act 1990.
Informative
INF 25 Protected species
Wildlife Legislation
The main piece of legislation relating to nature conservation in Great Britain is the Wildlife and
Countryside Act 1981. This Act is supplemented by the Conservation (Natural Habitats, &c.)
Regulations 1994 (as amended), and the Countryside and Rights of Way (CRoW) Act 2000 (in
England and Wales).
The information provided is a summary only and is based on information provided by the Joint
Nature Conservation Committee (JNCC) (http://www.jncc.gov.uk/); for definitive information,
primary sources should be consulted.
The Wildlife and Countryside Act 1981 (WCA) consolidates and amends existing national legislation
in order to implement the Convention on the Conservation of European Wildlife and Natural Habitats
(Bern Convention) and Council Directive 79/409/EEC on the Conservation of Wild Birds (Birds
Directive) in Great Britain.
The WCA makes it an offence (with exception to species listed in Schedule 2) to intentionally kill,
injure, or take any wild bird or their eggs or nests. Special penalties are available for offences related
to birds listed on Schedule 1, for which there are additional offences of disturbing these birds at their
nests, or their dependent young. The WCA also prohibits certain methods of killing, injuring, or
taking birds, restricts the sale and possession of captive bred birds, and sets standards for keeping
birds in captivity.
The WCA makes it an offence (subject to exceptions) to intentionally kill, injure, or take, possess, or
trade in any wild animal listed in Schedule 5, and prohibits interference with places used for shelter
or protection, or intentionally disturbing animals occupying such places. The Act also prohibits
certain methods of killing, injuring, or taking wild animals.
The WCA makes it an offence (subject to exceptions) to pick, uproot, trade in, or possess (for the
purposes of trade) any wild plant listed in Schedule 8, and prohibits the unauthorised intentional
uprooting of such plants.
The WCA contains measures for preventing the establishment of non-native species which may be
detrimental to native wildlife, prohibiting the release of animals and planting of plants listed in
Schedule 9. It also provides a mechanism making any of the above offences legal through the
granting of licences by the appropriate authorities.
The Conservation (Natural Habitats, &c.) Regulations 1994 transpose Council Directive 92/43/EEC
on the conservation of natural habitats and of wild fauna and flora (EC Habitats Directive) into
national law. The Regulations provide for the designation and protection of 'European sites', the
protection of 'European protected species', and the adaptation of planning and other controls for the
protection of European Sites.
The Regulations make it an offence (subject to exceptions) to deliberately capture, kill, disturb, or
trade in the animals listed in Schedule 2, or pick, collect, cut, uproot, destroy, or trade in the plants
listed in Schedule 4. However, these actions can be made lawful through the granting of licenses by
the appropriate authorities. Licenses may be granted for a number of purposes (such as science and
education, conservation, preserving public health and safety), but only after the appropriate authority
is satisfied that there are no satisfactory alternatives and that such actions will have no detrimental
effect on wild population of the species concerned.
The Countryside and Rights of Way Act (CRoW Act) 2000 provides for public access on foot to
certain types of land, amends the law relating to public rights of way, increases protection for Sites of
Special Scientific Interest (SSSI) and strengthens wildlife enforcement legislation, and provides for
better management of Areas of Outstanding Natural Beauty (AONB).
The CRoW Act improves the rights of way legislation by encouraging the creation of new routes and
clarifying uncertainties about existing rights. Of particular relevance to nature conservation, the Act
introduces powers enabling the diversion of rights of way to protect SSSIs.
The CRoW Act places a duty on Government Departments and the National Assembly for Wales to
have regard for the conservation of biodiversity and maintain lists of species and habitats for which
conservation steps should be taken or promoted, in accordance with the Convention on Biological
Diversity.
Schedule 9 of the CRoW Act changes the Wildlife and Countryside Act 1981, amending SSSI
notification procedures and providing increased powers for the protection and management of SSSIs.
The provisions extend powers for entering into management agreements, place a duty on public
bodies to further the conservation and enhancement of SSSIs, and increase penalties on conviction
where the provisions are breached, with a new offence whereby third parties can be convicted for
damaging SSSIs. To ensure compliance with the Human Rights Act 1998, appeal processes are
introduced with regards to the notification, management and protection of SSSIs.
Schedule 12 of the CRoW Act amends the Wildlife and Countryside Act 1981, strengthening the
legal protection for threatened species. The provisions make certain offences 'arrestable', create a new
offence of reckless disturbance, confer greater powers to police and wildlife inspectors for entering
premises and obtaining wildlife tissue samples for DNA analysis, and enable heavier penalties on
conviction of wildlife offences.
The following information outlines the legislation with respect to different species or groups; the
information is not definitive and is intended to provide general guidance only.
Bats
All species of bats and their roosts are protected by UK and European legislation. Roosts are equally
protected whether bats are present or not. All bat species are listed on Schedule 5 of the Wildlife and
Countryside Act 1981 (as amended) and are therefore subject to the provisions of Section 9, which
makes it an offence to:
•
Intentionally kill, injure or take a bat
•
Possess or control any live or dead specimen or anything derived from a bat
•
Intentionally or recklessly damage, destroy or obstruct access to any structure or place used
for shelter or protection by a bat
•
Intentionally or recklessly disturb a bat while it is occupying a structure or place which it
uses for that purpose.
Bats are further protected under the Conservation (Natural Habitats, &c.) Regulations 1994, which
includes the absolute offence of damaging or destroying a breeding site or resting place of any bat.
This absolute offence puts the onus on builders and contractors to undertake a survey prior to any
work being done. Developers and environmental consultants jointly share the responsibility for
designing and implementing a mitigation scheme that meets planning and licensing requirements, and
in particular will ensure as far as possible the long tem future of any populations affected; such
schemes should employ ‘best practice’.
Water Vole
The water vole receives full protection under the provisions of section 9 of the Wildlife and
Countryside Act 1981 (as amended). This makes it an offence to:
•
Intentionally kill, injure or take water voles,
•
Possess or control live or dead water voles or derivatives.
•
Intentionally or recklessly damage, destroy or obstruct access to any structure or place used
for shelter or protection,
•
Intentionally or recklessly disturb water voles whilst occupying a structure or place used for
that purpose,
•
Sell water voles or offer or expose for sale or transport for sale,
•
Publish or cause to be published any advertisement which conveys the buying or selling of
water voles.
Local Planning Authorities, in common with all public authorities, have a duty to conserve
biodiversity under section 40 of the NERC Act 2006. The water vole is included in the
Government’s list of species of principal importance for the conservation of biodiversity in England
and thus requires special attention.
Where proposed development or maintenance work requires planning permission the Local Planning
Authority will need to show regard for the conservation of water voles in reaching their planning
decision.
As a protected species, the presence of water voles is a material consideration, as described in PPS9,
and planning authorities should ensure that they have adequate information about water voles before
determining a planning application.
In the case of developments involving riparian or other waterside habitats, Local Planning Authorities
should require applicants to check for the presence of water voles by a combination of field survey,
undertaken by an appropriately trained and experienced ecological surveyor, and consultation with
local records centres. In Rotherham proposals affecting or within 50m of rivers, streams, canals,
lakes, swamps, reedbeds or other aquatic habitats are required to submit appropriate survey and
assessment work under the Validation of Planning Applications policy document.
The legislative information given above is intended as general guidance only and is not
comprehensive.
Great Crested Newt
The great crested newt receives legal protection through its inclusion in Schedule 5 of the Wildlife
and Countryside Act 1981 (as amended) and is subject to the provisions of Section 9. Great crested
newts are further protected under the Conservation (Natural Habitats, &c.) Regulations 1994. Thus it
is an offence to:
•
Intentionally or deliberately kill, injure or take a great crested newt
•
Deliberately disturb great crested newts or intentionally or recklessly disturb them in a place
used for shelter or protection
•
Damage or destroy a breeding site or resting place
•
Intentionally or recklessly damage, destroy or obstruct access to a place used for shelter or
protection
•
Possess a great crested newt, or any part of it, unless acquired lawfully
•
Sell, barter, exchange or transport or offer for sale great crested newts or parts of them.
The legislation covers all life stages; eggs, tadpoles and adult newts are all equally covered.
Breeding Birds
All birds, their nests and eggs are protected by law and it is an offence under the Wildlife and
Countryside Act 1981 (as amended), with certain exceptions, to:
•
Intentionally kill, injure or take any wild bird,
•
Intentionally take, damage or destroy the nest of any wild bird while it is in use or being
built,
•
Intentionally take or destroy the egg of any wild bird.
Certain species receive increased protection; it is an offence to:
•
Intentionally (or recklessly in England and Wales only) disturb any wild bird listed on
Schedule 1 while it is nest building or is at (or near) a nest with eggs or young; or disturb the
dependant young of such a bird.
Badgers
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.
References
Joint Nature Conservation Committee www.jncc.gov.uk (16 August 2007)
Froglife 2001 Great Crested Newt Conservation Handbook
English Nature 2004 Bat Mitigation Guidelines
English Nature, Environment Agency & the Wildlife Conservation Research Unit 1998 Water Vole
Conservation Handbook
RSPB 2001 Wildbirds and The Law
English Nature 2002 Badgers and Development
Please read the attached form PP NOTES carefully.
Discharge/compliance of condition
Please note that under new regulation 11(D) of the Town and Country Planning (fees for applications
and deemed applications) (amendment) (England) Regulations 2008, a fee is chargeable of £85 per
request (or £25 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.
FILE COPY
Director of Planning and Regeneration.
STATEMENT OF REASONS FOR DECISION TO GRANT PLANNING
PERMISSION
1. Having regard to the policies and proposals in the Development Plan and
all relevant Guidance, as set out below, along with all other relevant material
planning considerations:
A) Development Plan:
i) Regional Spatial Strategy (Adopted 2008)
Policy YH2 Climate change and resource use, states that plans, strategies,
investment decisions and programmes should help to meet the targets set out
in the Regional Energy Strategy to reduce greenhouse gas emissions in the
Region in 2016 by 20-25% (compared to 1990 levels) with further reductions
thereafter by,
1. Increasing population, development and activity in cities and towns
2. Encouraging better energy, resource, and water efficient buildings
3. Minimising resource demands from development
4. Reducing traffic growth through appropriate location of development,
demand management, and improving public transport and facilities for walking
and cycling
5. Encouraging redevelopment of previously developed land
6. Facilitating effective waste management
7. Increasing renewable energy capacity and carbon capture.
Policies YH 3 Working Together and Policy YH7 Location of Development
encourage appropriate development within urban areas and existing centres.
Policy YH7 advocates a sequential approach to site selection starting with
suitable previously developed land within urban areas.
SY1 South Yorkshire and sub Area Policy
States that strategic patterns of development should focus on existing town
centres and encourage appropriate development in local centres. POLICY
EN2 AE2: Town centre and
The south Yorkshire section of the RSS (Policy S1) does state as an aim to:
“Develop Rotherham Town Centre and the South Yorkshire navigation canal
area with good cultural and leisure facilities.”
Policy E1 (creating a successful and competitive regional economy) indicates
that existing town and city centres should be the main focus for shopping,
social, leisure and business services, and has a number of distinct aims,
amongst which are;
“Recognise and support the potential of the non business class sectors,
including health, sport, leisure and tourism and education as key economic
and employment generators.”
Policy E 2 Town Centre and Major Facilities states:
Plans, strategies, investment decisions and programmes should strengthen
the role and performance of existing city and town centres. The centres of
Regional Cities and Sub Regional Cities and Towns should be the focus for
offices, retail, leisure, entertainment, arts, culture, tourism and more intensive
sport and recreation across the region. The centres of Principal Towns, and
District Centres within Regional and Sub Regional Cities and Towns, should
be the focus for local services and facilities.
Policy E6 (sustainable tourism), aims to;
“Promotes responsible investment in the quality of the tourism and related
services in order to provide a high quality experience, throughout the year, for
all segments of the market.”
“Conserves and enhances the natural and built environment through effective
visitor management”
“Integrates tourism activity with a viable transport infrastructure that enables a
realistic choice of travel mode to and within the region, supported by a
management regime that encourages greater use of public transport by
visitors”
Policy ENV11 (health and recreation) is also relevant which seeks to improve
the health of residents in line with the regional strategic framework for health,
amongst other things by
“Providing safeguarding and enhancing facilities for sports and recreation”
ii) Local Planning Policies:
ENV1 Green Belts states that no development other than that essential for
agriculture, forestry or open recreation shall be allowed unless there are very
special circumstances to clearly outweigh any harm caused by the
development.
ENV2 Conserving the Environment states that in considering any
development, the Council will ensure that the effects on wildlife, historic and
geological resources of the Borough are fully taken into consideration.
ENV3 Borough Landscape states that the Council recognises the vital
importance of maintaining and enhancing the landscape of the Borough.
Policy EC6 Tourism and Visitor Developments:
“The Council recognises the contribution that tourism can make to sustainable
economic development and job creation. In order to attract more visitors to
Rotherham, the Council will support development proposals for hotels,
conference centres, leisure-related tourism facilities, transport facilities,
camping and caravanning sites and budget accommodation in appropriate
locations.
The Council will expect such proposals to enhance and conserve the
Borough’s urban and rural heritage.”
T3 Public Transport states that the Council will support the development and
improvement of facilities for users of public transport in both urban and rural
areas.
T6 Location and Layout of Development states that in considering the location
of new development, the Council will have regard for the increasing
desirability of reducing travel demand.
T7 Public Rights of Way states that Council will safeguard, maintain promote
and where appropriate create footpaths, cycle ways and bridleways.
T8 Access states that the Council will seek to meet the access needs of
people with mobility and sensory handicaps.
CR2.6 Indoor Recreation states the Council will support proposals for new
indoor facilities and adaptation of existing premises.
B) Other Relevant material Planning considerations:
Planning Policy Statement 1: Delivering Sustainable Development:
Advocates the promotion of accessible public transport facilities. New
development should take the opportunity to improve the character and quality
of an area and the way it functions. Local authorities should also identify
opportunities for future investment to deliver economic objectives.
Planning and Climate Change (Supplement to PPS 1) Strongly advocates
reducing emissions and stabilising climate change, measures to mitigating
climate change and successfully adapting to the unavoidable consequences.
PPG2: Green Belts state that only development essential for the use of
agriculture, forestry or recreation will be allowed unless there are very special
circumstances to clearly outweigh the harm caused by the development.
PPS4 'Planning for Prosperouse Economies' was published on 29th
December 2009 and is therefore a material consideration in the determination
of this application.
The PPS now replaces Planning Policy Statement 6 for Town Centres (PPS6,
2005). In light of the new PPS, it is considered that the following points of the
PPS are the most relevant in the determination of this application:
(i) The removal of the 5 tests;
(ii) The retention of the sequential test; and
(iii) The strengthened impact test.
This planning application should now be assessed against the following
policies of the PPS:
•
•
•
Policy EC15: The consideration of Sequential assessments for planning
applications for Main Town Centre Uses that are not in a centre and not in
accordance with an up to date development plan;
Policy EC16: The Impact Assessment for planning applications for Main
town centre uses that are not in a centre and not in accordance with an up
to date development plan;
Policy EC17: The consideration of planning application for development of
main town centre uses not in a centre and not in accordance with an up to
date development plan.
PPS 7: Sustainable Development in Rural Areas, indicates that local
authorities should address land use issues and opportunities to be found in
the countryside around urban areas, and should maximise a range of
beneficial uses of this land whilst reducing potential conflicts between land
uses. This should include improvement of public access (e.g. through support
for country parks and community forests) and facilitating the provision of
appropriate sport and recreation facilities.
It goes on to say that local planning authorities should recognise that tourism
and leisure facilities are vital to many rural economies. These industries are a
significant source of employment and help to support the prosperity of country
towns and villages.
PPS9: Biodiversity and geological conservation, advocates the promotion,
enhancement and restoration of biodiversity. Habitats for species requiring
conservation action should be protected by conditions or obligations.
PPG13 “Transport” further underpins advice on sustainable development and
transport modes. It indicates that planning has a key role in delivering the
Government’s integrated transport strategy, and promoting modes of transport
other than the car.
The guidance also advocates mixed use development, as a means of
reducing travel demand.
PPG17: Planning for open space, sport and recreation states that open
spaces sport and recreation all underpin people’s quality of life. In relation to
new open space sport and recreational development local authorities should
promote the use of modes of transport other than the car, i.e. walking, cycling,
and public transport, and ensure facilities are accessible for people with
physical disabilities. They should also add to and enhance the range and
quality of existing facilities. It further advocates the provision of sports and
recreational facilities on the urban fringe and in areas of managed countryside
such as country parks, and community forests.
2.
For the following reasons:
Outline planning permission has previously been granted for the proposed
development and the current application relates to an extension of time for
implementation of that permission. Of primary consideration is Government
Policy and guidance and the material planning considerations which may
have changed significantly since the original grant of permission.
The proposal represents inappropriate development in the Green Belt, and
there will be some harm to the Green Belt, mainly in terms of the impact on
the openness of the green belt, and the visual impact of the proposal. The
impact of the development in relation to these issues was weighed against the
benefits to the economy, the generation of jobs, and the benefits to tourism
and the Country Park. It was concluded at the time of the grant of outline
planning permission RB2005/0237 on the 29th January 2007, that there were
very special circumstances which clearly outweighed the harm to the Green
Belt. No material changes have occurred to Green Belt Policy and guidance in
the intervening period. It is therefore considered that there remain very special
circumstances to clearly outweigh the harm to the Green Belt and that
consequently there will be no material conflict with ENV 1 Green Belts and
advice in PPG 2 Green Belts.
When considering the economic and tourism benefits of the scheme, all the
components of the scheme are required for it to be successful. The sporting
activities are clearly intended to enhance the existing sporting activities on the
Rother Valley Country Park site. The park itself already attracts in excess of
600,000 visitors per annum. Disaggregating those uses to another site would
not enhance the Park. The hotel and conference facilities are complimentary
to the use of the site as leisure and tourist facility and the introduction of
conference and exhibition space would allow the facility to have a broader
appeal. The multi media facility will allow broadcasts to be carried out on site,
and therefore it would not be appropriate to locate this facility elsewhere.
There is also evidence to suggest that where individual tourist elements are
sited in isolation (even within town centres) they have not been successful.
The proposal represents a cohesive scheme, which is not capable of
delivering the same benefits if certain elements of the proposal are sited
remotely from Rother Valley Country Park. It is considered that the above
factors represent very special circumstances, which outweigh the presumption
against inappropriate development in the Green Belt.
The transportation impact is considered acceptable, having regard to the
transportation assessment, and the proposed mitigation measures, which will
also improve the sustainability of the site in transport terms.
The Environmental impact of the scheme is considered acceptable, subject to
stringent conditions. The application is supported by a full Environmental
Impact Assessment and a formal Environmental Statement (ES) has been
submitted.
In conclusion, in the intervening period since the original outline planning
permission RB2007/0237 was granted permission on 29 January 2007, it is
not considered that there have been any material changes in legislation,
advice, or any other material considerations that would now justify a refusal of
planning permission.
3. The forgoing statement is a summary of the main considerations leading to
the decision to grant planning permission. More detailed information may be
obtained from the Planning Officer’s report; the application case files and
associated documents.
The electronic official copy of the register follows this message.
Please note that this is the only official copy we will issue.
paper official copy.
We will not issue a
Title number SYK442301
Edition date 25.08.2009
– This official copy shows the entries on the register of title on
05 MAR 2015 at 15:54:53.
– This date must be quoted as the "search from date" in any
official search application based on this copy.
– The date at the beginning of an entry is the date on which
the entry was made in the register.
– Issued on 05 Mar 2015.
– Under s.67 of the Land Registration Act 2002, this copy is
admissible in evidence to the same extent as the original.
– This title is dealt with by Land Registry, Nottingham Office.
A: Property Register
This register describes the land and estate comprised in the title.
SOUTH YORKSHIRE : ROTHERHAM
1
(07.01.2002) The Freehold land shown edged with red on the plan of the
above Title filed at the Registry and being Former Pithouse West
Opencast Site, Rotherham.
2
(07.01.2002) The mines and minerals are excepted.
3
(07.01.2002) The land tinted yellow on the filed plan has the benefit
of the following rights granted by the Conveyance dated 16 August 1962
referred to in the Charges Register:TOGETHER with the right to fill in the two old shafts shown on the said
Plan provided that the first 20 feet at the bottom of each shaft is
filled with rock or other hard core and the remainder of the filling
material consists of boiler ashes or other unobnoxious materials.
NOTE: The two shafts referred to are lettered A and B in blue on the
filed plan.
4
(07.01.2002) The Conveyance dated 14 May 1971 referred to in the
Charges Register contains the following provision:"There is not included in this conveyance any easement or right of
light air or support or other easement or right which would restrict or
interfere with the free use by the Board or any persons deriving title
under them for building or any other purpose of any adjoining or
neighbouring land of the Board (whether intended to be retained or to
be sold by them)"
5
(07.01.2002) The Conveyance dated 6 April 1979 referred to in the
Charges Register contains the following provision:There are not included in this Conveyance:any easement or right of light air or support or other easement or
right which would restrict or interfere with the free use by the Board
or any person deriving title under them for building or any other
purpose of any adjoining or neighbouring land of the Board (whether
intended to be retained or to be sold by them)."
6
(07.01.2002) The Conveyance dated 2 November 1989 referred to in the
Charges Register contains the following provision:1 of 11
A: Property Register continued
"THE Corporation hereby releases the Vendor from all obligations (if
any) as to fencing in relation to the property (including fencing
bounding the railway) and indemnifies the Vendor from their liability
(if any) in respect of such fencing
IT is hereby declared by and between the parties hereto that the
carrying on by the Vendor of their undertaking on their adjoining or
neighbouring land in exercise of their powers and subject to their
statutory and common law obligations shall not be deemed to be a breach
of the covenant for quiet enjoyment implied herein by reason of the
Vendor being expressed to convey the property as beneficial owners nor
to be in derogation of their grant."
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains
any entries that affect the right of disposal.
Title absolute
1
(07.01.2002) PROPRIETOR: ROTHERHAM BOROUGH COUNCIL of Council Offices,
Doncaster Gate, Doncaster Road, Rotherham, South Yorkshire S65 1DW.
2
(07.01.2002) A Conveyance of the land edged and numbered 1 in blue on
the filed plan dated 14 May 1971 made between (1) British Railways
Board (Board) and (2) National Coal Board (Purchaser) contains
purchasers personal covenant(s) details of which are set out in the
schedule of personal covenants hereto.
The Transfer to the present proprietor contains a covenant to observe
and perform the aforesaid covenant(s) and of indemnity in respect
thereof.
3
(07.01.2002) RESTRICTION: Except under an order of the registrar no
dealing or disposition by the proprietor of the land is to be
registered without the written consent of the Coal Authority.
4
(07.01.2002) The price stated to have been paid on 7 December 2001 was
£195,000.
Schedule of personal covenants
1
The following are details of the personal covenants contained in the
Conveyance dated 14 May 1971 referred to in the Proprietorship
Register:"The Purchasers covenant with the Board to perform the stipulations set
out in the Third Schedule
THE THIRD SCHEDULE
The Purchasers covenant with the Board as follows:(i) Forthwith at their own expense to erect a fence of a design and
height first approved by the Board between the points A and B on the
attached plan
(ii) At all times hereafter at their own expense to maintain and from
time to time renew to the satisfaction of the Board the part of the
culvert on the property between the points C and D on the attached plan
and not at any time to alter the position construction or design of the
said culvert without first obtaining the Board's written consent and at
their own expense to comply with any requirements of the Board in
connection with such work"
NOTE: Copy plan filed.
2 of 11
C: Charges Register
This register contains any charges and other matters that affect the land.
1
(07.01.2002) Rentcharge of £125 payable to the Duke of Leeds affecting
the land edged and numbered 2,3,4 and 5 in blue on the filed plan.
NOTE: No further particulars of the said rentcharge were supplied on
first registration.
2
(07.01.2002) Mining Lease dated 1 March 1907 affecting the land edged
and numbered 2,3,4 and 5 in blue on the filed plan made between (1) The
Right Honourable Charles Alfred Worsley and Marcia Amelia Mary Countess
of Yarborough and (2) The Sheffield Coal Company Limited.
By a Deed dated 6 February 1935 made between (1) The Right Honourable
Charles Alfred Worsley Earl of Yarborough and (2) The Sheffield Coal
Company Limited the terms of the said lease were varied.
NOTE: Neither the original deeds nor certified copies or examined
abstracts of the lease nor deed of variation were supplied on first
registration.
3
(07.01.2002) The land edged and numbered 2,3 and 4 in blue on the filed
plan is subject to the following rights granted by a Deed dated 28 July
1922 made between (1) The Right Honourable Charles Alfred Worsley Earl
of Yarborough and The Right Honourable Marcia Amelia Countess of
Yarborough (Vendors) and (2) The Beighton & District Gas Company
Limited:the Vendors grant unto the Company Full and Free License right and
liberty to lay down and construct and from time to time and for ever
hereafter to maintain underground a six-inch gas main in and under the
land of the Vendors delineated on the plan hereto annexed between the
points A to B, C to D and E to F marked on the said plan and as near as
may be in the line and direction shown on the said plan and thereon
indicated by a hard red line AND ALSO the right and privilege by its
officers servants workmen contractors or agents to enter upon the said
lands of the Vendors with horses carts carriages and other vehicles for
the purpose of laying down and constructing and of from time to time
maintaining repairing cleansing amending or renewing the said gas main
or any part thereof or other works aforesaid and of viewing and
examining the state and condition thereof TO HOLD the rights and
liberties hereby granted subject and without the Vendors or of their
successors in title aforesaid or in respect of any damage or injury
caused to the surface of the Vendors' lands by the exercise of the
aforesaid licence rights and liberties UNTO AND TO THE USE of the
Company its successors and assigns for ever
NOTE: No copy of the plan referred to was supplied on first
registration.
4
(07.01.2002) Lease dated 30 December 1933 of the Deep Soft Seam of Coal
the Thorncliffe Seam of Coal and all other beds or seams of coal
affecting the land edged and numbered 2,3,4 and 5 in blue on the filed
plan made between (1) The Right Honourable Charles Alfred Worsley Earl
of Yarborough and (2) Skinner and Holford Limited from 30 December 1933
to 29 September 2002.
5
(07.01.2002) Mining Lease dated 31 December 1934 affecting the edged
and numbered 2,3 and 4 in blue on the filed plan made between (1) The
Right Honourable Charles Alfred Worsley Earl of Yarborough and (2) The
Sheffield Coal Company Limited.
NOTE: Neither the original Lease nor a certified copy or examined
abstract thereof was supplied on first registration.
6
(07.01.2002) A Conveyance of the land tinted pink on the filed plan and
other land dated 3 April 1937 made between (1) Rodney William Verelst
(Vendor) and (2) The Sheffield Coal Company Limited (Purchaser)
contains covenants details of which are set out in the schedule of
restrictive covenants hereto.
7
(07.01.2002) By the Conveyance dated 3 April 1937 referred to above the
land tinted pink on the filed plan was conveyed subject as follows:3 of 11
C: Charges Register continued
Subject to but with the benefit of an Agreement dated the sixteenth day
of February One thousand nine hundred and thirty three and made between
the Vendor of the first part the Settled Land Act Trustees of the
second part and The Sheffield Gas Company of the third part being a
grant of an easement to construct and maintain a gas main shown on the
Plan annexed hereto by a red line and marked "Gas main" And subject
also to all such rights of way as the public or adjoining or
neighbouring owners may have or be entitled to over the strip of land
delineated on the said plan and thereon coloured yellow and marked
"Right of way" .......... And also saving and excepting the right of
passage and running of water and soil from the other lands houses and
buildings now or formerly of the Vendor or his predecessors in title in
the neighbourhood of the land hereby conveyed in or through all
watercourses drains channels and sewers now or hereafter to be made
upon or under the land hereby conveyed And also saving and excepting
all lights and rights of light and other easements which may be
obstructed or hindered by any buildings or erections now or hereafter
erected upon any neighbouring lands of the Vendor or his predecessors
in title
NOTE: Copy plan filed.
8
(07.01.2002) By the Conveyance dated 3 April 1937 referred to above the
land tinted pink on the filed plan was conveyed subject to a Mining
Lease dated 23 January 1928 made between (1) Rodney William Verelst and
(2) The Sheffield Coal Company Limited.
NOTE: Neither the original Lease nor a certified copy or examined
abstract thereof was supplied on first registration.
9
(07.01.2002) The land edged and numbered 6, 7 and 15 in blue on the
filed plan is subject to the following rights reserved by a Conveyance
thereof and other land dated 9 December 1953 made between (1) Harry
Simon Verelst (Vendor) and (2) The National Coal Board:EXCEPT AND RESERVING out of these presents (i) a right in favour of
United Coke and Chemical Company Limited to access and egress over the
land coloured blue on the said plan for purpose of access to the
property occupied by them as hitherto enjoyed (ii) all lights and
rights of light or air or other easements which may be obstructed or
hindered by any buildings or erections now or hereafter erected upon
any neighbouring lands of the Vendor or his predecessors in title......
SUBJECT to (a) all easements quasi-easements pipes cables wires drains
sewers rights of way light drainage and passage and running of water
sewerage drainage and soil and other facilities rights and privileges
in favour of the Vendor or other persons now subsisting in relation to
the adjoining or neighbouring property whether apparent on inspection
or not
NOTE: The land edged and numbered 6, 7 and 15 in blue in the filed plan
comprises the land coloured blue referred to.
10
(07.01.2002) A Conveyance of the land tinted yellow on the filed plan
dated 16 August 1962 made between (1) The National Coal Board (The
Board) and (2) United Coke and Chemicals Company Limited (The
Purchaser) contains covenants details of which are set out in the
schedule of restrictive covenants hereto
By a Deed of Release and Variation dated 7 December 2001 made between
(1) The Coal Authority and (2) Rotherham Borough Council the said
covenants were expressed to be released and varied details of the
release and variation are set out in the schedule of restrictive
covenants hereto.
11
(07.01.2002) A Conveyance of the land edged and numbered 8, 13 and 9 in
blue on the filed plan dated 5 April 1967 made between (1) The National
Coal Board (The Board) and (2) United Coke and Chemicals Company
Limited (The Company) contains covenants details of which are set out
in the schedule of restrictive covenants hereto
By the Deed of Release and Variation dated 7 December 2001 referred to
above the said covenants were expressed to be released and varied in
identical terms to the release and variation of the covenants contained
in the Conveyance dated 16 August 1962 referred to above. Details of
4 of 11
the release and variation are set out in the schedule of restrictive
covenants hereto.
12
(07.01.2002) A Conveyance of the land edged and numbered 10 in blue and
other land dated 19 June 1969 made between (1) The National Coal Board
and (2) William Isaac Hewitt (Purchaser) contains covenants details of
which are set out in the schedule of restrictive covenants hereto.
13
(07.01.2002) The land edged and numbered 1 in blue on the filed plan is
subject to the following rights reserved by a Conveyance thereof dated
14 May 1971 made between (1) British Railways Board (the Board) and (2)
National Coal Board (Purchasers):"excepted and reserved the rights set out in the First Schedule
.......................................................................
..
This conveyance is
.......................................................................
..
(iii) subject to all public rights of way affecting the property
.......................................................................
..
THE FIRST SCHEDULE
(A) There is not included in this conveyance any easement or right of
light air or support or other easement or right which would restrict or
interfere with the free use by the Board or any person deriving title
under them for building or any other purpose of any adjoining or
neighbouring land of the Board (whether intended to be retained or sold
by them)
(B) There are reserved to the Board:(i) the right at any time to suffer to be erected any buildings or
other erections and to alter any building or other erection now
standing or hereafter to be erected on any part of their adjoining or
neighbouring land in such a manner as to obstruct or interfere with the
passage of light or air to any building which is or may be erected upon
the property and any access of light and air over the adjoining land of
the Board shall be deemed to be enjoyed by the licence or consent of
the Board and not as of right
(ii) the right of support from the property for the adjoining property
of the Board but provided that nothing herein contained shall alter
affect or diminish the rights of the parties hereto under an Agreement
dated 30 November 1959 made between the British Transport Commission of
the one part and the Purchasers of the other part
(iii) the right to have maintain repair cleanse use reconstruct alter
and remove any drains pipes wires cables and works on over or under the
property now used for the benefit of the adjoining property of the
Board
(iv) full right and liberty for the Board and their successors in title
with or without workmen at all reasonable times to enter upon the
property for the purpose of exercising the right reserved by paragraph
(iii) of this part of this Schedule
(v) full right and liberty for the Board and their successors in title
property for the purpose of maintaining repairing renewing reinstating
altering or amending any fences walls railway banks abutment or
retaining walls bridges and other works of the Board on their adjoining
or neighbouring land the Board making good any damage to the property
occasioned by the exercise of the rights of entry reserved by
paragraphs (iv) and (v) of this part of this Schedule"
NOTE: No copy of the Agreement dated 30 November 1959 referred to in
clause (ii) above was supplied on first registration.
14
(07.01.2002) The land edged and numbered 11 in blue on the filed plan
is subject to the following rights reserved by a Conveyance thereof and
other land dated 5 November 1971 made between (1) Edward Kay and (2)
5 of 11
The National Coal Board:"SUBJECT ALSO to such rights of way drainage and easements as may
affect the said property or any part thereof"
15
(07.01.2002) The land edged and numbered 12 and 14 in blue on the filed
plan is subject to the following rights granted by a Conveyance dated 6
April 1979 made between (1) British Railways Board (the Board) and (2)
British Steel Corporation (Chemicals) Limited (Purchasers):"(iii) the right at any time to erect or suffer to be erected any
building or other erections and to alter any building or other erection
now standing or hereafter to be erected on any part of their adjoining
or neighbouring land in such a manner as to obstruct or interfere with
the passage of light or air to any building which is or may be erected
upon the property and any access of light and air over the adjoining
land of the Board shall be deemed to be enjoyed by the licence or
consent of the Board and not as of right
(iv) the right or support from the property for the adjoining property
of the Board
(v) full right and liberty for the Board and their successors in title
property for the purpose of maintaining repairing renewing reinstating
altering or amending any fences walls railway banks and other works of
the Board on their adjoining or neighbouring land the Board making good
any damage occasioned to the property by the exercise of such right."
16
(07.01.2002) A Conveyance of the land tinted brown and tinted blue on
the filed plan dated 22 November 1989 made between (1) British Railways
Board and (2) British Coal Corporation contains covenants details of
which are set out in the schedule of restrictive covenants hereto.
17
(07.01.2002) The land is subject to the following rights reserved by
the Conveyance dated 22 November 1989 referred above.
"THE property is hereby conveyed
(a) subject to all rights of way whether public or private which may
exist over the property
(i) subject to the rights of the Yorkshire Electricity Board in their
cables and associated apparatus on and under the property
THERE are reserved to the Vendor
(a) the right at any time to erect or suffer to be erected any building
or other erection and to alter any building or other erection now
standing or hereafter to be erected on any part of their adjoining or
neighbouring land in such a manner as to obstruct or interfere with the
passage of light or air to any building which is or may be erected upon
the property and any access of light or air over the adjoining land of
the Vendor shall be deemed to be enjoyed by the licence or consent of
the Vendor and not as of right
(b) the right of support from the property for the adjoining property
of the Vendor
(c) the right to have maintain repair cleanse use reconstruct alter or
remove any drains pipes wires cables and works on over or under the
property now used for the benefit of the adjoining property of the
Vendor
(d) full right and liberty for the Vendor and its successors in title
with or without workmen and equipment at all reasonable times upon
giving reasonable written notice except in case of emergency to enter
upon the property for the purpose of exercising the right reserved by
paragraph (c) of this sub-clause
(e) full right and liberty for the Vendor and their successors in title
with or without workmen and equipment at all reasonable times upon
giving reasonable written notice except in case of emergency to enter
6 of 11
upon the property for the purpose of maintaining repairing renewing
reinstating altering or amending any fences walls railway banks
abutment or retaining walls bridges and other works of the Board on
their adjoining or neighbouring land the Board making good any damage
occasioned to the property by the exercise of the rights of entry
reserved by paragraphs (d) and (e) of this sub-clause
(f) upon giving reasonable written notice except in the case of
emergency full right and liberty to enter on the property at any time
with or without vehicles workmen and any demolishing the said bridges
numbers 159, 161 and 123 (A)
(g) full right and liberty to enter on the property to demolish and
remove the said foot bridges numbers 159, 161 and 123 (A) their
foundations and supporting structures including all necessary ancillary
works thereto and place on the property the public footpaths carried by
the said foot-bridge along the same or similar alignment in the event
of the adjoining railway closing or ceasing to be used as a railway by
the Vendor
(h) the right to install electric traction equipment on the retained
land of the Vendor notwithstanding that the same may interfere with the
use of or otherwise affect any cables or pipes under the property
adjoining such retained land (but so that if cathodic protection is
requisite for such cables or pipes the Corporation or their successors
shall report any proposed cathodic protection scheme to the Chief Civil
and Mechanical Engineer of the relevant region of the Vendor so as to
enable joint interference tests to be carried out if necessary)
THE following are not conveyed to the Corporation:
(a) any mines or minerals under the property except and so far as the
same were expressly conveyed to the Vendor or the Vendor's predecessor
in title and are not now vested in the Corporation
(b) any easement or right of light air or support or other easement or
right which would restrict or interfere with the free use by the Vendor
or any person deriving title under them for building or any other
purpose of any adjoining or neighbouring land of the Vendor (whether
intended to be retained or to be sold by them)
IN so far as it is the owner of the land adjoining the property the
Corporation hereby releases the Vendor from all obligations to provide
or maintain accommodation and other works (including fencing) for the
benefit of the adjoining land of the Corporation and hereby agrees to
indemnify the Vendor against all liability in respect thereof
(ii) In so far as it is not the owner of the land adjoining the
property the Corporation hereby covenants to repair and maintain any
accommodation and other works (including fencing) made for the
accommodation of such adjoining land and shall indemnify the Vendor
from and against any liability in respect thereof
(iii) The Corporation hereby indemnifies the Vendor from and against
any liability in respect of any culverts bridges and bridge abutments
on the property other than public foot bridges numbers 159, 161, 123
(A) and the bridge number 123."
NOTE: This registration takes effect subject thereto and the site and
structure of the said bridges numbers 159, 161, 123 (A) and 123 are
numbered respectively in blue on the filed plan and the mines and
minerals so excepted are excluded from the registration.
18
(07.01.2002) The land tinted blue on the filed plan is subject to such
restrictive covenants as may have been imposed thereon before 19
December 1989 and are still subsisting and capable of being enforced.
19
(07.01.2002) A Transfer of the land in this title dated 7 December 2001
made between (1) The Coal Authority and (2) Rotherham Borough Council
contains restrictive covenants.
NOTE: Original filed.
7 of 11
20
(07.01.2002) The land is subject to the rights reserved by the Transfer
dated 7 December 2001 referred to above
NOTE: Neither the original Deeds nor certified copies or examined
abstracts of the Grant of Easement dated 14 August 1922 nor the Deed of
Grant dated 24 January 1957 referred to in the second schedule to the
above Transfer were supplied on first registration.
Schedule of restrictive covenants
1
The following are details of the covenants contained in the Conveyance
dated 3 April 1937 referred to in the Charges Register:"THE Purchasers hereby covenant with the Vendor to the intent that the
following covenant shall be binding not only on the Purchasers but so
far as the rules of law and equity permit all future owners of the
described land that they the Purchasers
.......................................................................
..
The premises shall be so used and occupied as not to be a nuisance or
annoyance to the neighbourhood or detrimental in any way to adjoining
property belonging to the Vendor."
2
dated 16 August 1962 referred to in the Charges Register:"THE Purchaser hereby covenants with the Board to the intent and so as
to bind (so far as practicable) the said land and any part or parts
thereof into whosesoever hands the same may come but not so as to
render the Purchaser personally liable in damages for any breach of
covenant committed after it shall have parted with all interest in the
land in respect of which such breach shall occur that
.......................................................................
..
(to benefit and protect any mines and minerals in which the Board has
any interest and which provide subjacent or lateral support for the
property hereby conveyed or any part or parts thereof) that no building
structure or works and no addition to any building structure or works
shall at all time be erected constructed or placed on or in the
property hereby conveyed or any part or parts thereof except in
accordance with plans and specifications previously produced by the
Purchaser to the Board and containing such reasonable provision for
minimising damage caused by subsidence as shall be agreed between the
Board and the Purchaser provided that if any dispute shall arise
between the Board and the Purchaser as to the reasonableness or
sufficiency of such provision such dispute shall in default of
agreement be referred to the arbitration of a single Arbitrator
appointed by the parties hereto or their successors in title or in
default of agreement on such appointment of two Arbitrators one to be
appointed by each of the parties hereto or their successors in title
subject to and in accordance with the provisions of the Arbitration Act
1950 or any statutory modification or re-enactment thereof for the time
being in force."
3
dated 5 April 1967 referred to in the Charges Register:THE Company with the intent and so as to bind (so far as practicable)
the said property described in the said First Schedule and any part or
parts thereof into whosesoever hands the same may come and to benefit
and protect any mines and minerals in which the Board have any interest
and which provide subjacent or lateral support for the said property or
any part or parts thereof but not so as to render the Company
personally liable in damages for any breach of covenant committed after
it shall have parted with all interest in the said property in respect
of which such breach shall occur hereby covenants with the Board that
no new buildings structure or works and no addition to any building
structure or works shall at any time be erected constructed or placed
8 of 11
Schedule of restrictive covenants continued
on or in the said property or any part or parts thereof except in
accordance with plans and specifications previously produced by the
Company to the Board and containing such reasonable provision for
minimising damage caused by subsidence as shall be agreed between the
Board and the Company provided that if any dispute shall arise between
the Board and the Company as to the reasonableness or sufficiency of
such provision such dispute shall in default of agreement be referred
to the arbitration of a single arbitrator appointed by the parties
hereto or their successors in title or in default of agreement on such
appointment of two arbitrators one to be appointed by each of the
parties hereto or their successors in title subject to and in
accordance with the provisions of the Arbitration Act 1950 or any
statutory modification or re-enactment thereof for the time being in
force.
4
dated 19 June 1969 referred to in the Charges Register:THE Purchaser hereby COVENANTS with the Board to the intent and so as
to bind (so far as is practicable) the said land and any part or parts
thereof into whosoever hands the same may come and to benefit and
protect any mines and minerals in which the board have any interest and
which provide subjacent or lateral support for the said land or any
part or parts thereof but not so as to render the Purchaser personally
liable in damages for any breach of covenant committed after he shall
have parted with all interest in the land in respect of which such
breach shall occur that no new buildings structure or works and no
addition to any building structure or works shall at any time be
erected constructed or placed on or in the said land or any part or
parts thereof except in accordance with plans and specifications
previously produced by the Purchaser to the Board and containing such
reasonable provision for minimising damage caused by subsidence as
shall be agreed between the Board and the Purchaser Provided that if
any dispute shall arise between the Board and the Purchaser as to the
reasonableness or sufficiency of such provision such dispute shall in
default of agreement be referred to the arbitration of a single
arbitrator appointed by the parties hereto or their successors in title
or in default of agreement on such appointment of two arbitrators one
to be appointed by each of the parties hereto or their successors in
title subject to and in accordance with the provisions of the
Arbitration Act 1950 or any statutory modification or re-enactment
thereof for the time being in force.
5
dated 22 November 1989 referred to in the Charges Register:"FOR the benefit and protection of such part of the adjoining or
neighbouring property of the Vendor as is capable of being benefited or
protected and with intent to bind so far as legally may be itself and
its successors in title owners for the time being of the property or
any part thereof in whosesoever hands the same may come the Corporation
covenants as follows:.......................................................................
..
(b) not at any time to carry out blasting on the property without
obtaining the prior written consent of the Vendor and to observe and
comply with any reasonable conditions imposed by the Vendors Mining
Engineer in carrying out such blasting
(c) not at any time to carry out excavations on that part of the
property within 10 metres of the Vendor's boundary fence (such distance
hereinafter called the "stand off line") PROVIDED that no excavation
shall take place such as will encroach on the plan created by a line
drawn at one and a half horizontal to one vertical downwards from the
stand off line and in no event shall a better be excavated deeper than
one horizontal to one vertical
(d) to inform the Vendor in writing within seven days of the discovery
of the existence of any shafts passages or other such openings or
disused mine workings which extend towards the retained land of the
Vendor and thereafter the Vendor shall be afforded a reasonable time in
9 of 11
which to inspect the same and carry out any works which are in the
opinion of the Vendor necessary for the safety of the adjacent railway
provided that on completion of such works the Corporation shall seal
such shafts passages openings or disused mine workings with a barrier
of inert material at their own cost
(e) not at any time to construct or direct any new drainage from the
property onto over or under the adjoining or neighbouring land of the
Vendor
(f) at all times hereafter to maintain to the satisfaction of the
Vendor any culverts under the property
(g) not at any time to erect or add to any building or structure or
execute any works on any part of the property within a distance of 20
metres of the Vendor's land and works
(i) without complying with such reasonable conditions as the Vendor
shall deem it necessary to impose as to foundations or the then
existing future accommodation of electrical equipment on the Vendor's
adjoining property or otherwise whatsoever
(h) that so long as the Vendor's adjoining or neighbouring railway or
any part thereof shall be an electrified line (provided that
electrification shall have taken place not later than 80 years after
the date hereto such being the perpetuity period applicable under this
Conveyance) them
(i) no inflammable vapour or gas shall at any time be emitted at the
property in such manner as might lead to spontaneous ignition
(ii) no hose-pipes cranes or other jibbed structures shall at any time
be used on the property in such proximity to the Vendor's land and
works that danger may result therefrom
(iii) in relation to such parts of the property ("the Restricted Area")
as shall be within three metres of any electrical equipment which is
installed within the Vendor's adjoining property not later than 80
years after the date hereof (including masts cables and associated
parts thereof
(1) no building or erections shall be erected or added to in the
restricted area
(2) the Corporation or its successors shall not enter on the restricted
area nor permit or suffer any person to enter thereon or operate any
tool or machine thereon without the prior approval of the Vendor and
without compliance with such reasonable conditions as to safety as the
Vendor shall deem it necessary to impose provided always that hs
paragraph (2) shall not restrict activities inside any building on the
property at the date hereof or which shall have been constructed with
the approval of the Vendor as hereinbefore provided and in accordance
with any conditions of such approval
(i) not at any time to obstruct the existing flood relieving arches on
bridge number 123
(i) (i) to tie in the flood bound to the embankment and not at any time
to carry out works on the property in connection therewith which may
have an adverse effect on the retained land of the Vendor and to carry
out all such works to the reasonable satisfaction of the Vendor
(ii) not at any time to enter on the adjoining land of the Vendor in
connection with the before mentioned works with plant machinery or
manpower without prior written approval of the Vendor's Area Civil
Engineer at Doncaster and to notify the Area Civil Engineer when all
have been completed."
NOTE: The site of bridge number 123 is shown numbered 123 in blue on
the filed plan.
6
The following are details of the terms of the release and variation
contained in the Deed dated 7 December 2001 referred to in the Charges
10 of 11
Register:"In consideration of the covenant by the Council contained below the
Authority releases the Council and its successors in title and the
Property and each and every part of it from the Covenants
In consideration of the release ... above the Council hereby covenants
with the Authority as follows:To the intent and so as to bind (so far as practicable) the Property
and any part or parts thereof into whosoever hands the same may come
and to benefit and protect any mines and minerals in which the
Authority has any interest and which provide subjacent or lateral
support for the Property or any part or parts thereof (but not so that
any party shall be liable for breaches of this covenant occurring after
having disposed of all its interest and estate in the Property) that no
building structure or works shall at any time hereafter be erected,
constructed, placed or laid on or in the Property or any part or parts
thereof and no renewal or enlargement of or alteration to any building
structure or works for the time being on or in the Property shall at
any time be carried out unless the design or layout of such building
structure or works or of any renewal or enlargement thereof or any
alteration or addition thereto and the methods of erecting,
constructing, placing, laying, renewing, enlarging, altering or adding
to such building structure or works employ the best available
techniques and materials not entailing excessive cost for minimising:
1. damage caused by subsidence (insofar as the risk of subsidence can
be reasonably foreseen); and
2. risk of harm to health, eco-systems or other living organisms or
damage to property caused by the emission of methane or such other gas
from mines and minerals.
End of register
11 of 11
Offer Enclosed : DO NOT OPEN
Submit to:
Town Hall Manager
Town Hall
Moorgate Street
Rotherham
S60 2TH
FOR OFFICE USE ONLY
File Ref
DS Estates E4393
(ESTATES)E8050.004.00WEEEEEEE
EEEEEEEEEEEEEEEEEEEEEEEEEE
EEEEE8050.004.007b 8050/001/283
Date
Received
Time
Received
Received by
Cut around the dotted line and stick this label to your envelope
The envelope shall not bear any name or mark indicating the sender, as your offer
may be invalidated and not considered.
FOR OFFICE USE ONLY
Opened by
Date
Witnessed by
RMBC
ASSET MANAGEMENT
OFFER FORM
Address Reference :
DS(ESTATES)E4393
Address
:
Pithouse West, Rotherham.
Name
:
_____________________________________
Address
:
_____________________________________
Telephone No.
:
_____________________________________
Solicitor to be used :
_____________________________________
Address
:
_____________________________________
Telephone
:
_____________________________________
I confirm that I understand the terms stated in the marketing brief and that the
closing date for offers is 4:00pm Friday 8th May 2015.
The terms offered for the property are :Summary only of the main terms of the monetary offer for the property. Concept, development, timings and non-monetary
benefits to be detailed separately as per the ‘requirements of submission’ section of the marketing brief.
Please detail the offer in £ sterling and in words
Signed ……………………..
Date ………………
Please see supplementary questions attached to this form of offer.
1
SUPPLEMENTARY QUESTIONS:
The following supplementary questions have been produced to enable Rotherham
Metropolitan Borough Council to evaluate the general eligibility, economic and
financial standing and technical or professional ability of organisations who wish to
make an offer for the Pithouse West site. It should be read in conjunction with the
Marketing Brief supplied as part of the marketing pack which provides further
information about this development opportunity.
Answers to the questions below will be considered as supporting information to your
main offer document which will address the information to satisfy the ‘requirements
of submission’ element of the marketing brief and will therefore assist in the
evaluation of offers and the completion of the scoring matrix as attached to the
Marketing Brief.
Notes for Completion of questions

Any information documents issued by the Council must be treated as private
and confidential and not provided to parties outside of the Offeree’s immediate
team.

Offerees must not exchange information or planned responses with other
Applicants or otherwise collude.

The information provided must be current and to the best of the Offerees
knowledge. If the Offeree becomes aware of information it believes would
affect the Council’s assessment of its suitability for the contract after the date
of offer, this should be brought to the Council’s attention at the earliest
opportunity.

Offerees should aim to provide information directly relevant to the questions
asked.

Please answer the questions stated in the following sections as fully as
possible, where necessary continuing on separate sheets.

You should note that provision of false or misrepresented information could
result in your organisation’s disqualification from the procurement process.

If any prospective Offerees consider that any information supplied by them is
either commercially sensitive or confidential in nature this should be notified to
the Council who will consider this when reviewing any FOI requests.
2
A
SUMMARY INFORMATION
A1
Contact address, name, position in organisation, telephone, fax number and
e-mail address for the person dealing with this offer on the organisation's
behalf.
Contact Address
Contact Name
Position in Organisation
Contact Telephone No.
Contact Fax No.
Email Address
A2
Please provide background information regarding the organisation, including
any details of why it was formed, its mission statement, its ethos and values
etc.
A3
What attracted the organisation to express interest in this property?
A4
What do you see as the challenges involved in bringing development of this
property forward?
A5
Please provide details of all partner organisations / joint offerees.
A6
What previous experience do you have of working together (if applicable)?
3
B
COMPANY INFORMATION
B1
Name of the organisation, including any previous company names. Legal
Status of the organisation. Date of formation (and if a Limited Company, date
of registration). The address of the registered office and company registration
number. Please enclose a copy of the Certificate of Incorporation of the
Company under the Companies Act 1985, and any certificate of change of
name.
Name of Organisation
Any Previous Company Names
(if applicable)
Legal Status of Organisation
Date of Formation
Date of Registration if a Limited
Company (if applicable)
Address of Registered Office
Company Registration No.
Copy of Certificate of Incorporation of the Company enclosed
YES/NO
(delete as applicable)
Any Certificate of Change of Name enclosed
YES/NO
(delete as applicable)
B2
Brief history of the organisation, including details of any parent, subsidiary and
associated companies, and any changes in ownership of the organisation
over the last five years.
B3
Is any Director, Partner or Associate employed by the Council or is a Borough
Councilor.
YES/NO (delete as applicable and provide further information if YES)
B4
Is any Director, Partner or Associate related to anyone who is employed by
the Council or is a Borough Councilor or Commissioner
B5
Has any Director, Partner or Associate of your firm any involvement in other
firms who provide services to the Council.
4
C
FINANCIAL INFORMATION
C1
Please provide a copy of the three latest annual reports and audited accounts
of the organisation and any intermediate and ultimate parent undertakings.
Please give details below of any material changes in the business, corporate
structure or financial standing of the organisation since the date of the last set
of audited accounts or likely to take effect within the next twelve months.
C2
Please provide details of any significant post balance sheet events and all
company announcements to the Stock Exchange and/or regulatory bodies
since the last date of the last audited accounts.
C3
Please indicate the extent of the guarantees that the organisation may give in
respect of your consortium’s/ teams obligations.
C4
Please identify any existing or future project-related financial commitments or
liabilities that could impact upon your ability to meet the requirements in
relation to the development of this property.
C5
Please provide details of the current banks and finance facilities of the
organisation and/or partner organisation.
Please provide details of
fundraising capabilities on similar development projects.
C6
Please provide any further information that you consider necessary for a fair
appreciation of the financial condition and prospects for the organisation.
C7
Please identify what approvals (e.g. Board approval) would be needed for
signing-off a legal agreement for your proposal. What typical timescales are
involved?
5
D
TECHNICAL RESOURCES AND REFERENCES
D1
How would the organisation use the development of the property as an
opportunity for skills development / learning and what experience do you have
of such approaches?
D2
Please provide details of the three most recent and relevant examples of the
organisation’s experience of delivering similar development projects. The
following table should be completed for each example:
Name of project
Scale of the project and how it
was funded
Who was the client for the work
(if applicable)
Description and extent of the
works undertaken
When the involvement started
and its current status (bidding,
pre-planning, on site etc).
Details of whether the original
project goals achieved (in terms
of time, cost and quality)
Contact details for one or more
referees
D3
Has the organisation been sued or prosecuted in the last five years in respect
of a project and/or has a project been abandoned?
YES/NO (If yes, please provide details)
6
E
EQUALITY & DIVERSITY
Rotherham Metropolitan Borough Council is committed to promoting equality and
diversity and to achieving a vision for fairness in the borough.
The following questions and description of evidence are derived from those
prescribed by the Secretary of State under Section 18(5) of the Local Government
Act 1988, modified and extended as permitted by Orders made under Section 19 of
the Local Government Act 1999.
You will be evaluated for equality on the basis of your answers to the following
questions. Please answer every question. You should provide sufficient information
to enable the Council to make a fair and accurate assessment of how you deal with
equality issues.
Please supply evidence to support your answers to questions E12 to E15 – such
evidence may be examples or copies of documents such as your equal opportunities
policy; documents containing instructions to staff or outlining arrangements for
advertisements, recruitment, selection, access to training and opportunities for
promotion; copies of recruitment advertisements; extracts from staff handbooks or
other materials that demonstrate your organisation’s commitment to equality.
E1 What is the size of your firm? Please state total number of:
a) Partners or directors
_____________________________________________________________
b) employees (including all full-time and part-time employees, apprentices, and
other trainees.)
_______________________________________________________________
E2 Is it your policy as an employer to comply with your statutory obligations under
the Race Relations Act 1976, which applies in Great Britain, or equivalent legislation
that applies in the countries in which your firm employs staff? Accordingly, is it your
practice not to discriminate directly or indirectly on grounds of colour, race,
nationality, or ethnic or national origins in relation to decisions to recruit, select,
remunerate, train, transfer, and promote employees?
YES / NO
E3 Is it your policy as an employer to comply with your statutory obligations under
the Sex Discrimination Act 1975, as amended, the Equal Pay Act 1970, the Disability
Discrimination Act 1995, the Employment Equality (Sexual Orientation) Regulations
2003 and the Employment Equality (Religion or Belief) Regulations 2003 – all of
which apply in Great Britain – or equivalent legislation in the countries in which you
employ staff?
YES / NO
E4 In the last three years, has any finding of unlawful discrimination on the grounds
of race, sex, marital status, disability, religion or belief or sexual orientation in the
employment field been made against your organisation by the employment tribunal,
the employment appeal tribunal, or any court, or in comparable proceedings in any
other jurisdiction?
7
YES / NO
E5 In the last three years, has your organisation been the subject of formal
investigation by the Commission for Racial Equality (CRE), the Equal Opportunities
Commission (EOC) or the Disability Rights Commission (DRC), on the grounds of
alleged unlawful discrimination in the employment field?
YES / NO
E6 In the last three years, has any finding of unlawful discrimination in relation to
non-employment matters been made against your organisation by any UK court,
or in comparable proceedings in any other jurisdiction?
YES / NO
E7 If the answer to questions 4 or 6 is yes or, in relation to question 5, the CRE,
EOC or DRC made a finding adverse to your organisation, what steps have you
taken as a result of that finding?
E8 In the last three years, has any contract with your organisation been terminated
on grounds of your failure to comply with:
a) legislation prohibiting discrimination; or
YES / NO
b) contract conditions relating to equal opportunities in the provision of services?
YES / NO
E9 If the answer to question F8a or F8b is yes, what steps have you taken as a
result of that termination of contract?
E10 If you are not currently subject to UK legislation, please supply details of your
experience in complying with equivalent legislation that is designed to eliminate
discrimination (especially racial, sex, disability, religion or belief and sexual
orientation discrimination) and to promote equality of opportunity.
8
E11 Do you observe, as far as possible, the CRE’s code of practice for employment,
as approved by parliament in 1983, or a comparable statutory code? Or guidance
issued under equivalent legislation in another member state, which gives practical
guidance to employers and others on the elimination of racial discrimination and the
promotion of equality of opportunity in employment, including monitoring of workforce
matters and steps that can be taken to encourage people from ethnic minorities to
apply for jobs or take up training opportunities?
YES / NO
E12 Is your policy on equal opportunities set out:
a) in instructions to those concerned with recruitment, selection, remuneration,
training, and promotion
YES / NO
b) in documents available to employees, recognised trade unions, or other
representative groups of employees
YES / NO
c) in recruitment advertisements or other literature?
YES / NO
E13 Please enclose a copy of your policy on equal opportunities.
E14 If your answer to F12 (a), (b), or (c) is 'NO', can you provide other evidence to
show how you promote equality in employment?
E15 Are staff who have managerial responsibilities required to receive training on
equal opportunities?
YES / NO
E16 What are your proposals to maximize local employment arising from your
development of the property?
9
F
QUALITY AND PERFORMANCE MANAGEMENT
F1
Please provide details of any quality assurance accreditation that your
organisation holds – e.g. BS ISO 9000 or equivalent standard. If no
accreditation held, please attach an outline of your quality assurance policy.
Please also provide details of any quality assurance accreditations for which
you have applied.
F2
How do you monitor and control your organisation’s performance and that of
your sub-contractors?
F3
Give examples of performance indicators that you have used on similar work
to this proposal and the scores achieved.
10
G
SUSTAINABILITY & INNOVATION
G1
Please provide details of any environmental management accreditation that
your company holds – e.g. BS ISO 14001 or equivalent standard. If no
accreditation held, please provide brief a summary of your organisation’s
environmental management policy.
G2
Give examples of innovation and sustainable technologies you have used on
similar work to this proposal with the benefits achieved.
11
H
OTHER INFORMATION
H1
If a site visit is required please indicate which scheme it would be to and its
location, why this particular scheme has been selected and who from the
organisation and its partners the Council and its advisors would be able to
meet with.
H2
Of what project or scheme is your organisation most proud and why
H3
What awards or other commendations has your organisation or the projects
you have been involved in secured. If so please provide details
H4
What potential for innovation does this proposal offer and how would your
organisation maximise it?
Eligibility Certificate
I, the undersigned certify on behalf of the Offeree that:The information contained in the response to the supplementary questions is true
and accurate to the best of the Offeree’s knowledge and belief.
Signed on behalf of the Offeree by
.............................................................. Signature
.............................................................. Name (Print)
.............................................................. Position
.............................................................. Organisation
.............................................................. Date
12

Marketing Brief Pithouse West Rotherham Landmark Leisure

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