Old Falinge, Falinge Fold, Rochdale, OL12 6LE

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Site visit made on 14 January 2025 by N Duff BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 18 March 2025 Appeal Ref: APP/P4225/W/24/3348342 Old Falinge, Falinge Fold, Rochdale OL12 6LE • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by Mr Amir Khan against the decision of Rochdale Metropolitan Borough Council. • The application Ref is 22/00341/OUT. • The development proposed is an outline application (including access and layout) for erection of 4 no. dwellings. Decision 1. The appeal is allowed and outline planning permission is granted (including access and layout) for erection of 4 no. dwellings at Old Falinge, Falinge Fold, Rochdale OL12 6LE in accordance with the terms of the application, Ref 22/00341/OUT and the plans submitted with it, subject to the conditions in the attached schedule. Preliminary Matters 2. I have taken the description of development from the decision notice since it reflects the changes made to the proposed development during the course of the planning application and thus the appeal before me. 3.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision The proposal has been made in outline form with access and layout being considered as part of this appeal. The matters of scale, appearance and landscaping are reserved matters and do not form part of this proposal. 4. The submitted dwelling floor plans and elevations are described as ‘typical’ therefore are for illustrative purposes only and do not form part of the proposal. Similarly, areas of landscaping have been shown on the layout plan, yet these are also a reserved matter and do not form part of this assessment. The proposed site plans showing details of access and layout do form part of this assessment. 5. Concerns have been raised by interested parties regarding the proposal and how the appeal proposal is the same as the application proposal. It is not for the appeal procedure to advance proposals. For this reason, I have determined the appeal on the basis of the plans that were before the Council when it made its decision. 6. It has been suggested by an interested party that the site is within the Green Belt. However, based on the evidence before me the site is within the defined urban area and not within the Green Belt, and I have proceeded on this basis. 7.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision A revised National Planning Policy Framework (the Framework) was issued on 12 December 2024. Whilst some numbers have changed, the relevant paragraphs and parts of paragraphs identified as directly affecting this case have not been https://www.gov.uk/planning-inspectorate

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision A revised National Planning Policy Framework (the Framework) was issued on 12 December 2024. Whilst some numbers have changed, the relevant paragraphs and parts of paragraphs identified as directly affecting this case have not been https://www.gov.uk/planning-inspectorate

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/P4225/W/24/3348342 amended. I have consulted with the main parties, and no additional information has been provided as a result of the consultation. Main Issue 8. The main issue of the appeal is the effect of the proposed development on the Greenspace Corridor (GC) and its contribution to local ecology and landscape setting, with regard to the loss of trees and planting. Reasons 9. The appeal site is an area of green space located to the northwest of Falinge Fold. The land drops away to the northwest and has trees along the boundary and within the site, the trees around the site are part of a wider woodland area comprising Spodden Valley, Foot Wood and Hollows Wood. 10. The site has a dedicated access off Falinge Fold which has some historic properties located to the south of the site and lies within a GC. 11. The proposal subject of the appeal is for two pairs of semi-detached dwellings and associated works. The proposal would see the removal of some trees to accommodate the development. During the course of the planning application the number of dwellings was reduced from 6 to 4 and a tree planting area was incorporated into the plans. 12.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision The proposed development would see the loss of 8 trees which has been confirmed by the Council’s advisers on ecology (GMEU) in their representations to the Council. The proposed planting area is to the northeast of the site adjacent to the proposed dwellings and would be located directly opposite the access to the site, with the proposed dwellings to the northwest behind dwellings along Falinge Fold. 13. I have been provided with details of a Tree Preservation Order (TPO) covering the area of woodland behind the site, the boundary of which runs alongside the site to the northwest which includes Hollows Wood and Foot Wood at Falinge Fold. The GMEU concluded that although close to the trees protected by the TPO, no trees protected by the TPO are proposed to be removed and I have no reason to disagree with this based on the information before me. 14. Policy G6 of the Rochdale Core Strategy (October 2016) (CS) requires development proposals affecting green infrastructure to support new woodland and tree planting in new developments and replace removed trees at a ratio of 2:1. I am satisfied that this can be accommodated in the area of tree planting as indicated on the proposed layout plan which is a generous size.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Based on my assessment of the site and submitted drawings, there is a large space to provide a satisfactory level of compensatory planting. Notwithstanding the fact that landscaping is a reserved matter, I have no reason to dispute that a landscaping scheme could be provided that addresses the loss of trees at the site. In addition, due to the adequate space on site, I am satisfied that a landscaping scheme could, when mature, contribute positively to the landscape setting of the site. Therefore, I am satisfied that the landscape setting of the GC would not be adversely affected subject to a satisfactory landscaping scheme approved at the reserved matters stage. 15. Being within a designated GC the site has an ecological value, due to the trees and planting on site and the links to woodland to the rear, this allows for the passage of https://www.gov.uk/planning-inspectorate 2

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/P4225/W/24/3348342 wildlife and provides recreational links between urban areas and countryside. Having regard to the ecological value of the area of greenspace, the GMEU is satisfied that the loss of trees and subsequent replanting of appropriate species would not have a detrimental effect on the ecological value of the site. I am therefore satisfied that the proposal will not have a detrimental effect on the GC as it will continue to allow for the passage of wildlife species and flora and fauna to accommodate the site, particularly in the large proposed area of planting as shown on the proposed site plan. 16. Due to the proposed area of planting, which will help to maintain and enhance the GC notwithstanding the loss of trees, together with the absence of harm to the TPO woodland and biodiversity as demonstrated in the Preliminary Ecological Appraisal1, I am satisfied that the GC would not be adversely affected, subject to the proposed mitigation measures. 17. Therefore, for the reasons mentioned, I am satisfied that the effect of the proposed development on the GC including its contribution to local ecology and landscape setting, together with the loss of trees and planting is acceptable.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Therefore the proposed development accords with Policy G6 of the CS which requires new development to replace removed trees at a ratio of 2:1 and Policy G/8 of the Rochdale Unitary Development Plan (UDP) which requires new development within corridors to be of a design and use materials appropriate to the character and setting of the corridor, and boundary treatments and landscaping should help to retain countryside character and contribute to conservation interest through design and use of appropriate species. Other Matters 18. Some interested party comments suggest that the site is in a Conservation Area (CA). However, based on the evidence from the Council including comments from the Council’s conservation advisor and the appellant’s heritage statement2 I am satisfied that the site is not within or adjacent to a CA. However, two listed buildings are located close to the appeal site therefore I am required to have regard to S66(1) of the Listed Building and Conservation Areas Act (1990) (as amended) (the Act). 19. A Grade II Listed Building, Old Falinge, a detached house is located to the southwest of the appeal site towards the end of Falinge Fold.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision The building is a house from 1724 constructed from hammer dressed stone with a stone slate roof with a rear wing in brick. Its significance is derived from its age, external detailing including window and door detailing. I am satisfied that due to the location of the proposed development and the distance between the two sites, together with intervening vegetation, that the proposed development would not detract from the significance of the heritage asset, insofar as it relates to its setting. Some concerns have been raised by interested parties that the appeal site encroaches onto ‘listed land’ associated with Old Falinge. Based on the evidence contained within the Heritage Statement2 and in the consultation response from the Council’s conservation officer, I am satisfied that the proposal does not encroach into the curtilage of the listed building. 1 Preliminary Ecological Appraisal by Arbtech, dated 19/05/2022 2 Heritage Statement by Heritage Unlimited, dated 30 May 2022 ref. 2203.1038 https://www.gov.uk/planning-inspectorate 3

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/P4225/W/24/3348342 20. A Grade II Listed Building known as 32, 34 and 36 Falinge Fold is located near to the proposed access to the site, and the proposed development would sit behind the cottages. The building was a house and byre, now two cottages dating from the mid C17 constructed from coursed watershot rubble with stone dressings, a stone slate roof and brick chimney stack and addition. Its significance is derived from its age, external architectural detailing, in particular window and internal detailing and its importance, as it may have been Falinge Hall before the present hall was constructed. The garden land around the Listed Buildings neatly frame the dwellings when viewed from inside the appeal site and makes a positive contribution to their setting from which they also derive some significance. Due to the distance between the proposed dwellings and the layout of the proposed development being two pairs of semi-detached dwellings together with the position of proposed landscaping between the proposed properties and the heritage asset, I am satisfied that the proposed development would not detract from the significance of the heritage asset, insofar as it relates to its setting. 21.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Non-designated heritage assets 42 and 44 Falinge Fold, and 50, 52 and 54 Falinge Fold are sets of historic cottages located along Falinge Fold. I am satisfied that due to the distances between the cottages and the location of the proposed development behind them the proposed development would not cause harm to the significance of the non-designated heritage assets and Falinge Fold would retain its historic character. Concerns were raised questioning why Historic England did not comment on the planning application. In evidence this has been confirmed as being due to the type of the heritage assets near to the site. Therefore, this matter does not weigh against the proposed development. 22. A number of concerns have been raised by interested parties regarding highways matters at the site, including the narrow width of Falinge Fold, the associated traffic additional dwellings could cause, together with additional wear and tear on the road from construction vehicles, on what is an unadopted highway near to a school. 23.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision In the planning officer’s report to the Council’s planning committee it states that the highways officer was satisfied that they were able to remove their objection given the previous approval3 at the site which was allowed on appeal. The scheme comprised the same number of dwellings on a very similar layout. Therefore, although the planning permission has expired, is a material consideration. 24. Based on my site visit, which is a snapshot in time together with the evidence relating to highways matters in the planning officer’s report, although Falinge Fold is narrow, I am satisfied that visibility is acceptable from the appeal site onto Falinge Fold as the road alignment allows for clear views of traffic emerging from either direction and the visibility is not obstructed. Furthermore, due to the traffic island located at the entrance to Falinge Fold, visibility would be acceptable and space available for entering and exiting the road without cars having to wait or reverse back onto the main road.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Moreover, due to the small scale of the development, I am satisfied that the increase in cars associated with the proposed development would not cause an unacceptable impact on highway safety or a severe residual cumulative impact on the road network, in accordance with paragraph 116 of the Framework, subject to the conditions suggested by the Council. Having regard to the surface condition of the highway, a condition has 3 Planning application no. 14/01506/FUL https://www.gov.uk/planning-inspectorate 4

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Moreover, due to the small scale of the development, I am satisfied that the increase in cars associated with the proposed development would not cause an unacceptable impact on highway safety or a severe residual cumulative impact on the road network, in accordance with paragraph 116 of the Framework, subject to the conditions suggested by the Council. Having regard to the surface condition of the highway, a condition has 3 Planning application no. 14/01506/FUL https://www.gov.uk/planning-inspectorate 4

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/P4225/W/24/3348342 been suggested by the highways officer which addresses this matter. Therefore, this matter does not weigh against the proposed development. 25. Concerns have been raised by interested parties in relation to drainage and flooding including land stability. I am satisfied that the proposal is acceptable with regards to drainage and flooding subject to the conditions requested by the Council’s drainage and flooding officer, together with the level of tree planting, which would assist water management at the appeal site and could ensure that the risk of flooding is not increased by the proposed development. Therefore, this matter does not weigh against the proposed development. 26. Interested parties have raised concerns regarding the appeal site in relation to Healey Dell Nature Reserve, and the populations of fauna that occupy the appeal site. Based on the evidence before me together with the suggested conditions from GMEU, including for the control of invasive species, tree protection measures and to control light pollution, I am satisfied that the proposal will not negatively affect the nearby nature reserve or protected species.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Therefore, this matter does not affect the conclusion I have reached. 27. I note comments received relating to the type and size of dwellings proposed, and whether it meets the needs of the borough. The proposal would provide four larger dwellings, which would make a small contribution towards Rochdale’s housing land supply. The Council is satisfied that the size of housing as indicated would be acceptable for the appeal site and I concur with this. Therefore, this matter does not affect the conclusion I have reached. 28. Having regard to the living conditions of neighbouring occupiers, concerns have been raised regarding noise pollution from the site, including during construction and the effect of the development on health and wellbeing including the loss of a tranquil home life. I am satisfied that due to the size of the proposed development, when occupied, would not have a detrimental effect on the health and wellbeing of residents especially by causing noise pollution, due to adequate separation distances between the existing and proposed properties.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision With regard to the construction process, a construction management plan has been recommended as a condition to manage noise and other pollution at the site that may result from the construction process. Therefore, I am satisfied and concur with the Council that the proposal would not adversely affect the living conditions of nearby residents and consequently this matter does not affect my conclusions. 29. Concerns have been raised regarding the design of the proposed dwellings, particularly given the historic character of Falinge Fold. This appeal is at outline stage and scale and appearance are reserved matters. Based on the site layout I have no reason to assume that an unsuitable scheme would be forthcoming with regards to design and materials. However, it would be for the Council to assess the reserved matters to determine the scale, appearance and landscaping at the reserved matters stage. Therefore, this matter does not affect my conclusions. 30. Comments have been made stating that the development proposal is a major development and not a minor development, due to the scale of the proposal.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision A major development is defined in the Framework as being where 10 or more homes will be provided, or the site has an area of 0.5 hectares or more which is taken from The Town and Country Planning (Development Management Procedure) (England) Order 2015. This site does not exceed 0.5ha and proposes 4 dwellings therefore is https://www.gov.uk/planning-inspectorate 5

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision A major development is defined in the Framework as being where 10 or more homes will be provided, or the site has an area of 0.5 hectares or more which is taken from The Town and Country Planning (Development Management Procedure) (England) Order 2015. This site does not exceed 0.5ha and proposes 4 dwellings therefore is https://www.gov.uk/planning-inspectorate 5

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/P4225/W/24/3348342 not a major development. In addition, queries have been made in representations as to why the application was not accompanied by an Environmental Impact Assessment (EIA). The Council has confirmed in their evidence that the proposal does not fall into schedules 1 or 2 of The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 as they understand it, I am satisfied that due to the size of the development that this is the case. 31. Concerns have been raised regarding the loss of views from neighbouring properties, loss of value to neighbouring properties together with neighbours wanting to leave their homes because of the proposed development. It is well founded planning principle that these matters are not material planning considerations. In addition to this, concerns have been raised regarding the ownership of the site. The evidence before me demonstrates that the necessary steps were taken with regard to ownership certificates and the red line site plan sets out the extent of the site. 32. Therefore, for the reasons mentioned, these matters taken together do not affect the conclusions I have reached. Conditions 33.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision The Council has suggested conditions that both parties have had the opportunity to comment upon and which I have considered against advice in the Framework and Planning Practice Guidance. As a result, I have made some amendments for consistency and clarity purposes. 34. To meet legislative requirements, conditions shall be imposed to address the required reserved matters to be submitted, the time period for submission of reserved matters and commencement. 35. I have imposed a condition setting out the approved plans with regard to access and layout only which is necessary in respect of ensuring the development is carried out in accordance with the approved plans. 36. I have imposed a condition for the submission of a Construction Management Plan to the Council, to ensure that the construction of the proposed development is carried out in a sensitive manner to protect the living conditions of nearby residents and ensure highway safety. I have removed reference to demolition as this is not necessary in this case. The measures contained within the condition are proportionate to the scale of the proposed development.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision The condition is required to be pre-commencement as it is required from the beginning of the construction process. 37. Conditions relating to contaminated land are necessary due to the former use of the site and potential for risk for future occupiers. I have separated out elements of the Council’s suggested condition into two conditions, and for completeness, I have also included a condition as requested by the Council’s Environmental Health Officer in their representation, which was not included in the planning officer’s suggested conditions. This relates to the reporting of unexpected contamination. The requirement for the conditions was set out in the evidence and therefore the interested parties have had an opportunity to comment. However, I have amended the wording for clarity and completeness. The conditions are required to be prior to commencement in order for the risk assessment and any remediation to be carried out on the land before it is built upon. https://www.gov.uk/planning-inspectorate 6

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/P4225/W/24/3348342 38. Conditions relating to a sustainable drainage are necessary, this is to ensure that the drainage of the site is suitable for the site and does not cause flooding or pollution. The condition is required to be prior to commencement as drainage infrastructure needs to be installed prior to above ground works. In addition, I have included a condition requiring the submission of a management and maintenance plan of the drainage scheme, to ensure that drainage is managed at the site in perpetuity. 39. A condition is necessary to ascertain the condition of the surface of Falinge Fold in the interests of highway safety, and for the necessary works to be carried out to the road prior to the occupation of the proposed dwellings. I have not required the road to be maintained in perpetuity by the appellant as this would be unreasonable given the nature of Falinge Fold which serves several other properties. 40. I have included a condition with regard to the removal and management of invasive species at the site. This is necessary in the interests of biodiversity and is required to be submitted prior to commencement as ground disturbances can cause the spread of invasive species. 41.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision A condition relating to floor levels is necessary, due to the changes in levels on the site. The condition is required prior to commencement of the development to ensure that the existing site levels are captured accurately in the survey. 42. A condition or a tree protection plan to be submitted prior to commencement is necessary in order to ensure that retained trees are not damaged as a result of the site preparation and construction works of the proposed development. I have removed reference to demolition in the condition as no demolition is required to facilitate the proposed development. 43. Conditions are required to ensure that the car parking areas and driveways and junction access within the development are constructed prior to occupation of the development. These are necessary in the interest of highway safety and to ensure that adequate off-street parking, access and egress are provided to service the development. 44. A condition relating to biodiversity enhancements is necessary to ensure that sufficient mitigation is in place for protected species. 45.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision A condition is necessary to prevent trees being removed during bird nesting season, in the interests of biodiversity and in particular to ensure that bird species are not harmed as a result of the proposed construction works. 46. A condition has been recommended regarding the submission of full details of all proposed tree planting and planting and maintenance specifications. This matter is related to the landscaping of the site which is a reserved matter, and therefore I have required this to be submitted as part of any reserved matters application determining landscaping, this is to ensure that the green corridor is maintained in accordance with requirements of the LP and UDP. 47. A condition relating to external lighting is required in the interests of biodiversity and in the interests of the living conditions of neighbouring occupiers, lighting is relevant as it relates to the layout of the site and access of the proposed development which due to the site location may need to be lit. https://www.gov.uk/planning-inspectorate 7

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/P4225/W/24/3348342 Conclusion 48. For the reasons set out having regard to the development plan as a whole and all other matters raised, the appeal is allowed.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff INSPECTOR https://www.gov.uk/planning-inspectorate 8

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/P4225/W/24/3348342 Schedule of Conditions 1) Details of the appearance, landscaping and scale ("the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved. 2) Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission. 3) The development hereby permitted shall take place not later than two years from the date of approval of the last of the reserved matters to be approved. 4) The number of dwellings to be constructed on the site shall not exceed 4 and the development shall be carried out in accordance with the following approved plans: - Proposed Site Plan Sheet 2 Rev J date 11/02/24 - Proposed Site Plan (Existing Site Plan 1:500) Rev A date Mar 2022 Project – Two pairs of semi-detached residential dwellings. 5) No development shall take place until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff The CMP shall include details of the following: (a) the parking of vehicles of site operatives and visitors; (b) loading and unloading of plant and materials; (c) storage of plant and materials used in constructing the development; (d) the erection and maintenance of security hoarding; (e) measures to control the emission of dust and dirt during construction; (f) a scheme for recycling/disposing of waste resulting from construction works; (g) measures for the protection of the natural environment from accidental spillages, dust and debris; (h) a scheme for recycling/disposing of waste resulting from construction works; (i) wheel washing facilities; and (j) any external lighting of the site. (k) hours for deliveries to and construction of the site. For avoidance of doubt the deliveries to and collections from the site shall be between Monday and Friday and take place between the hours of 09:00-14:00 and Construction works shall not take place outside 08.00 hours to 18.00 hours Mondays to Fridays and 09.00 hours to 14.00 hours on Saturdays nor at any time on Sundays, Bank Holidays or Public Holidays. The approved Construction Management Plan shall be adhered to throughout the construction period for the development.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff 6) No development shall commence until an assessment of the risks posed by any contamination (including gases and water quality) has been submitted to and approved in writing by the local planning authority. This assessment must be undertaken by a suitably qualified contaminated land practitioner, in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency - Land Contamination Risk Management (LCRM) (or equivalent British Standard and Model Procedures if https://www.gov.uk/planning-inspectorate 9

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff 6) No development shall commence until an assessment of the risks posed by any contamination (including gases and water quality) has been submitted to and approved in writing by the local planning authority. This assessment must be undertaken by a suitably qualified contaminated land practitioner, in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency - Land Contamination Risk Management (LCRM) (or equivalent British Standard and Model Procedures if https://www.gov.uk/planning-inspectorate 9

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff Appeal Decision APP/P4225/W/24/3348342 replaced), and shall assess any contamination on the site, whether or not it originates on the site. The assessment shall include: i) a survey of the extent, scale and nature of contamination; ii) the potential risks to: • human health; • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes; • adjoining land; • ground waters and surface waters; • ecological systems; and • archaeological sites and ancient monuments. 7) No development shall take place where (following the risk assessment) land affected by contamination is found which poses risks identified as unacceptable in the risk assessment, until a detailed remediation scheme shall have been submitted to and approved in writing by the local planning authority. The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff The remediation scheme shall be sufficiently detailed and thorough to ensure that upon completion the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to its intended use. The approved remediation scheme shall be carried out [and upon completion a verification report by a suitably qualified contaminated land practitioner shall be submitted to and approved in writing by the local planning authority] before the development is occupied. 8) Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out before the development is resumed or continued.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff 9) Prior to the commencement of development, details of a sustainable surface water drainage scheme and a foul water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall include: (i) An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water in accordance with BRE365; (ii) Details of surface water soakaways – for roof and any road access, if these form part of the sustainable drainage system. https://www.gov.uk/planning-inspectorate 10

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff 9) Prior to the commencement of development, details of a sustainable surface water drainage scheme and a foul water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall include: (i) An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water in accordance with BRE365; (ii) Details of surface water soakaways – for roof and any road access, if these form part of the sustainable drainage system. https://www.gov.uk/planning-inspectorate 10

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff Appeal Decision APP/P4225/W/24/3348342 (iii) Details of sewage arrangements, whether pumped or private packaged sewage plant(s) which shall meet the UK General Binding Rules on sewerage. (iv) Construction details for permeable paving including kerbing and cross- section of open graded sub-base, if this type of paving forms part of the sustainable drainage system. (v) Levels of the proposed drainage systems including proposed ground and finished floor levels in mAOD. Foul and surface water shall drain on separate systems at least to the point of discharge from the site, in accordance with Building Control Part H Drainage requirements. The approved scheme shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards. The scheme shall be implemented and retained in accordance with the approved details 10) Prior to first occupation of the development a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to the local planning authority and agreed in writing. The sustainable drainage management and maintenance plan shall include as a minimum: a.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff Arrangements for adoption by an appropriate public body or statutory undertaker, or, management and maintenance by a resident's management company; and b. Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime. The development shall subsequently be completed, maintained and managed in accordance with the approved plan. 11) No development shall take place until a photographic survey showing the pre- development photographic condition of Falinge Fold has been undertaken and agreed in writing by the Local Planning Authority. No dwelling hereby permitted shall be occupied until a scheme for the resurfacing and/or repair of any potholes or areas of the road surface which have deteriorated in the intervening period (between pre and post development), has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to occupation of any dwelling hereby approved.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff 12) No development or works of site preparation shall take place until a detailed method statement for the removal or long-term management/eradication of Japanese Knotweed, Himalayan Balsam, Rhododendron and Buddleia, or any other invasive plant species identified through further ecological survey work, has been submitted to and approved in writing by the Local Planning Authority. The method statement shall include measures to prevent the spread of Japanese Knotweed, Himalayan Balsam and any other invasive species that may be present during any operations such as mowing, strimming or soil movement, and measures to ensure that any soils brought to the site are free of the seeds/roots/stems of any invasive plant covered under the Wildlife and Countryside Act 1981. Development shall be carried out in accordance with the approved method statement. https://www.gov.uk/planning-inspectorate 11

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff Appeal Decision APP/P4225/W/24/3348342 13) No development shall take place until finished floor levels for the proposed buildings and proposed site levels relative to agreed off-site datum point(s) have been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details. 14) Prior to the commencement of the development hereby approved (including all preparatory work), a scheme for the protection of the retained trees, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Local Planning Authority. Specific issues to be dealt with in the TPP and AMS: a) Location and installation of services/ utilities/ drainage. b) Details of construction within the RPA or that may impact on the retained trees. c) Full specification for the installation of boundary treatment works. d) Full specification for the construction of any roads, parking areas and driveways, including details of the no-dig specification and extent of the areas of the roads, parking areas and driveways to be constructed using a no-dig specification.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff Details shall include relevant sections through them. e) Detailed levels and cross-sections to show that the raised levels of surfacing, where the installation of no-dig surfacing within Root Protection Areas is proposed, demonstrating that they can be accommodated where they meet with any adjacent building damp proof courses. f) A specification for protective fencing to safeguard trees during both demolition and construction phases and a plan indicating the alignment of the protective fencing. g) a specification for scaffolding and ground protection within tree protection zones. h) Tree protection during construction indicated on a TPP and construction and construction activities clearly identified as prohibited in this area. i) details of site access, temporary parking, on site welfare facilities, loading, unloading and storage of equipment, materials, fuels and waste as well concrete mixing and use of fires j) Boundary treatments within the RPA k) Methodology and detailed assessment of root pruning The development shall thereafter be implemented in strict accordance with the approved details.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff 15) The dwellings hereby approved shall not be occupied until the driveways and car parking areas within the site have been laid out, hard surfaced and drained in accordance with a detailed scheme to have first been submitted to and approved in writing by Local Planning Authority. The driveway and car parking area shall be retained for those uses thereafter. https://www.gov.uk/planning-inspectorate 12

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff 15) The dwellings hereby approved shall not be occupied until the driveways and car parking areas within the site have been laid out, hard surfaced and drained in accordance with a detailed scheme to have first been submitted to and approved in writing by Local Planning Authority. The driveway and car parking area shall be retained for those uses thereafter. https://www.gov.uk/planning-inspectorate 12

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff Appeal Decision APP/P4225/W/24/3348342 16) No dwelling hereby permitted shall be occupied until details of proposed work to the junction for access road serving the site and identified as ‘new approach’ on the approved document Proposed Site Plan Sheet 2 Rev J date 11/02/24 has been submitted to and approved by the Local Planning Authority. The work shall be undertaken in accordance with the approved details. 17) The dwellings hereby approved shall not be occupied until such time as a scheme of biodiversity enhancements for the site including, but not limited to, the provision of bird boxes, bird bricks, bat boxes and bat bricks to be situated externally on or integrated to the fabric of the dwellings hereby approved has been submitted to and approved in writing by the Local Planning Authority. The duly approved scheme shall be implemented in full prior to first occupation of the dwellings and retained thereafter.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff 18) No clearance of trees and shrubs in preparation for (or during the course of) development shall take place during the bird nesting season (March - August inclusive) unless an ecological survey has been submitted to and approved in writing by the Local Planning Authority to establish whether the site is utilised for bird nesting. Should the survey reveal the presence of any nesting species, then no development shall take place during the period specified above unless a mitigation strategy has first been submitted to and approved in writing by the Local Planning Authority which provides for the protection of nesting birds during the period of works on site. 19) Any future reserved matters application including details of landscaping should include full details of all proposed tree planting for determination by the Local Planning Authority. This should include planting and maintenance specifications, use of guards or other protective measures and confirmation of location, numbers, species and sizes, and a timetable for implementation prior to occupation of the development. All tree planting and maintenance shall be carried out in accordance with those details and at those times.

Old Falinge, Falinge Fold, Rochdale, OL12 6LE — Rochdale Metropolitan Borough Council — N Duff Any trees that are found to be dead, dying, severely damaged or diseased within five years of the completion of the building works OR five years of the carrying out of the landscaping scheme (whichever is later), shall be replaced in the next planting season by specimens of similar size and species in the first suitable planting season. 20) No external lighting shall be installed on the buildings or elsewhere on the site unless a scheme for such lighting has first been submitted to and approved in writing by the Local Planning Authority. The approved details shall thereafter be fully implemented. https://www.gov.uk/planning-inspectorate 13