DONCASTER METROPOLITAN BOROUGH COUNCIL
Agenda Item No 4. Date 9th December 2008
To the Chair and Members of the PLANNING COMMITTEE
PLANNING APPLICATIONS PROCESSING SYSTEM
Purpose of the Report
1. A schedule of planning applications for consideration by Members is attached.
2. Each application comprises an individual report and recommendation to assist the determination process.
Human Rights Implications
Member should take account of and protect the rights of individuals affected when making decisions on planning applications. In general Members should consider:-
1. Whether the activity for which consent is sought interferes with any Convention rights.
2. Whether the interference pursues a legitimate aim, such as economic well being or the rights of others to enjoy their property.
3. Whether restriction on one is proportionate to the benefit of the other.
Andy Gutherson Assistant Director of Development and Planning Directorate of Development and Planning
Contact Officers: Mr M Roberts (Tel: 734897), Mr G Stent (Tel: 734994) and Mrs D Holgate (Tel: 734925)
Background Papers: Planning Application reports refer to relevant background papers Summary List of Planning Committee Applications ( )
NOTE:- Applications are in NUMERICAL order except those deferred from previous meetings for a Site Visit which are marked 'SV' and appear first and Major Proposals which are marked ‘M’.
Schedule Application No Ward Parish No
1. M 01/1201/P Finningley Cantley With Branton Parish Council
2. 08/02670/FUL Armthorpe Armthorpe Parish Council
3. 08/02876/COU Rossington Rossington Parish Council
4. 08/02869/FULFT Edlington And Warmsworth Parish Council Warmsworth Schedule No: 1.
Application No: 01/1201/P
Ward Finningley Parish Cantley With Branton Parish Council
Proposal Outline application for mixed use development of housing, residential care village employment, education and retail uses, ancillary amenities and public open spaces including associated landscaping and means of access on approx. 70.07ha of land
Location Manor Farm, Bessacarr Lane, Bessacarr, Doncaster
Applicant Persimmon Homes (South Yorkshire) Ltd
Agent Peacock & Smith
Date of Valid Application: 20th April 2001
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MAIN POINTS OF REPORT
* The application is for the mixed use development of land at Manor Farm. The application is mainly for residential development (about 950 dwellings) but also incorporates other developments.
* The site is allocated as a Housing/Community Benefit Site under policy PH3 of Doncaster UDP. As such the principle of development of the site has been established.
* The site is 70.7 ha in size of which 33 ha is proposed for built development. 37 ha will be provided as open space which equates to 53% of the site.
* The site is a Greenfield site and comprises mainly former farmland and existing woodland. The woodland is protected in Sites of Scientific Interest and Potteric Carr Nature Reserve, which adjoins the site, is a Site of Special Scientific Interest. Back Wood is Ancient Woodland.
* Objections have been received from local residents and there have been a small number of representations in support. The applicant has carried out a Consultation Programme. The main issues raised are the principle of the development of the site, transport, recreation, environment and flooding issues.
* Consultations have taken place with a wide range of consultees and the application/ Section 106 Obligation addresses some of these concerns. Outstanding issues include the principle of the development of the site particularly in relation to the environmental and transport impacts of the development.
* The application is considered, on balance, to be an acceptable form of development of a site allocated for residential purposes in the Doncaster UDP. The application is accompanied by a Masterplan for development of the site, which is considered to form an acceptable framework for development of the site.
RECOMMENDATION - PLANNING PERMISSION BE GRANTED SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED)
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the development plans, adopted Doncaster Unitary Development Plan set out below and all relevant material planning considerations including supplementary planning guidance and national planning policy guidance with particular reference to
Doncaster UDP PH 1 - Housing Provision PH 3 - Housing Provision PH 13 - Housing Design PH 19 - Affordable Housing ENV 21 - Trees and Woodlands ENV 35-38 - Archaeology ENV 40 - Sites of National Importance for Nature Conservation ENV 41 - Sites of Regional/ Local Importance for Nature Conservation ENV 42 - Sites of Regional/ Local Importance for Nature Conservation ENV 50 - Protection of Protected Species ENV 59- Protection of Trees RL 4 -Open Space Provision T 5 - Transportation
Yorkshire and Humber Plan - Regional Spatial Strategy H 1 - Provision and Distribution of Housing YH 4-7 - Housing Development
Doncaster LDF CS - S1 - Housing Development CS - S1 - Housing Development
Doncaster IPPS IPPS 1 - Affordable Housing H1 and H2 IPPS 2 - Affordable Housing
Supplementary Planning Document Planning for Trees and Hedgerows on Development Sites in Doncaster
Planning Position Statements/ Planning Policy Guidance Notes PPS 3 - Housing PPS 9 - Nature Conservation PPG 24 - Noise PPG 16 - Planning and Archaeology
2. For the following reasons:
Having taken into account all the material planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed large scale mixed use development is acceptable. In particular The LPA is of the view that the large scale and location of the proposed residential development on the application site is acceptable in terms of housing supply in the Borough. The residential development has an acceptable impact on balance in planning and transportation terms on the site and surrounding area. The small scale mixed use developments that form part of the application are acceptable in terms of their scale, location and impact in planning and transportation terms on the site and surrounding area.
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Introduction
1. The application was originally submitted in 2001 and was described as an "Outline Application for Mixed Use Development of Housing, Employment uses, ancillary amenities and public open spaces including associated landscaping and means of access on 70.70 ha of land".
2. The application was originally accompanied by the following documents A. Supporting Statement. B. Environmental Statement - Main Report, Appendices, Figures, Non Technical Summary. C. Transport Assessment
3. The application was amended in 2007/8 with additional details and an amended Masterplan for the site. The application now includes the following additional documents. A. Supplement to the Original Supporting Statement B. Supplement to the Original Environmental Statement - Main Report, Appendices, Non Technical Summary. C. Supplement to the Original Transport Assessment, including a Green Travel Plan. D. Updated Masterplan E. Design Statement F. Flood Risk Assessment G. Consultation Assessment Report H. Summary Review of the History and Status of Warren Wood. 4. The main amendments to the Masterplan were. A. The realignment of the access into the site from Bawtry Rd through Warren Wood reducing its length in the wood from 167m to 141m. B. The removal of development between Back Wood and Warren Wood. C. The reduction of development in the south west of the site to correspond with field boundaries. D. The extension of development to the west to abut the adjoining Bridleway. E. A more substantial green link between Green Busks and the site boundary. F. The introduction of Sustainable Urban Drainage. G. Alterations to the urban design/ highways approach. H. Introduction of a residential care village. I. Alterations to the access proposals for the site. J. The relocation of the village centre.
5. Further discussions with the applicant/consultees have resulted in clarification of the above proposals.
6. The application now under consideration therefore consists of the following main proposals A. Residential development of the site(about 950 dwellings). The scheme incorporates, as part of the Masterplan, the internal framework for the proposed residential areas and proposes an Affordable Housing contribution of 26% of the units. B. Residential care village for over 55s - 250 homes. C. Business units of about 7000sq m D. Central community facilities and retail (1400 sq m) in the village centre. E. A Primary school site. F. Vehicular access to the site from Bawtry Rd with pedestrian/cycleway access from Bessacarr Lane and emergency access from Warren Lane. G. The formation of a "nature park" in the form of a rural country park surrounding the development site.
7. The detailed form of the development is set out in the "Updated Masterplan" document, which includes the framework for a layout and phasing of the development.
8. The site is 70.7 ha in size of which 33 ha is proposed for built development. 37.7 ha will be provided as open space which equates to 53% of the site.
Site and Surroundings
1. The site is predominantly former agricultural land most of which has not been farmed for several years. The site has been used for informal recreational purposes and rights of way are present on the site. The site is fairly flat and low lying and the former field boundaries/hedgerows/ditches are features of the site.
2. Three woodlands are contained within the site namely Green Busks, Back Wood (an ancient woodland) and Warren Wood which are Sites of Scientific Interest. 3. The site is crossed by Doncaster-Rossington Cycleway, Bridleway no 9, Footpath no 8 and Warren Lane which is a "byway open to all traffic" (No 9). Two high pressure gas pipelines cross the site.
4. The M18 forms the southeastern boundary of the site with Doncaster Golf Course and Rossington to its south. To the north the Doncaster -Lincoln railway line and Warren Wood separate the site from residential areas of Bessacarr and Cantley. To the west, the East Coast Main line lies between the site and Potteric Carr.
History
1. A previous outline application for "residential development and associated recreational, leisure, education and open space facilities" was considered under application no 90/21/3912/OTL. The application was recommended for approval, but was refused by Development Control Panel on 18/04/2000 for the following reasons
" In the light of PPG3 the site is not needed in terms of the provision of a five year supply of housing land; further it fails tests in PPG3 which are material considerations: A. It is a Greenfield site where priority is to be given to re-use of previously developed land, buildings and conversions B. It is unsustainable in terms of accessibility to jobs, education and other communal facilities. C. It is a site where car dependence is almost inevitable and the Government's aim to promote walking, cycling and the use of public transport and mixed use development cannot be achieved. D. It will cause damage to Sites of Scientific Interest"
An appeal was withdrawn and the current application submitted.
Development Plan Allocation and Planning Documents
Doncaster UDP(adopted July 1998) 1. The site is identified in Policy PH1 The Policy states "The following sites capable of accommodating 10 dwellings and over identified on the proposals map will be developed for housing purposes" PH 3 Manor Farm Bessacarr 46 ha 1000 units".
2. The site is specifically allocated as a Housing/Community Benefit Site under policy PH3 of Doncaster UDP. The policy states "PH3 Land at Manor farm, Bessacarr will be developed for housing and public open space and will contribute to housing need within and beyond the plan period. A detailed planning brief will be prepared for the site which will form the basis of a section 106 planning obligation prior to the granting of any planning permission on the site. The planning obligation will be required to address, to the satisfaction of the borough council, the following issues. Access arrangements to the site The traffic impact of the development upon Bawtry Rd The retention of existing areas of woodland Public access arrangements/facilities within the site and surrounding area Pedestrian crossing arrangements over the East Coast main line and the Lincoln line The safeguarding of a site for a railway station/ park and ride facility The safeguarding of a site for the provision of local shopping and community facilities The provision of appropriate buffer arrangements to Potteric Carr nature reserve The provision of new areas of woodland, parkland, public open space (including recreation facilities), landscaping and subsequent maintenance Phasing of the development and a commuted sum as appropriate."
3. Several other UDP policies are relevant to consideration of the application and these will be addressed in the Assessment of the Proposed Development.
4. The site was considered in detail by the Planning Inspector who conducted the Public Inquiry prior to the adoption of Doncaster UDP . The inspector concluded that the development of the site was justified despite its environmental impacts.
5. The Yorkshire and the Humber Plan- Regional Spatial Strategy to 2016 Adopted in May 2008 forms part of the Development plan and relevant policies will be assessed.
6. Doncaster Local Development Framework Core Strategy: Preferred Options. Adopted in December 2005, is also relevant and policies will be assessed.
7. Interim Planning Position Statements. Adopted in February 2008 IPPS 1 on Affordable Housing in Doncaster and IPPS 2 on Housing in Doncaster will be assessed.
Consultation Responses
The following consultation responses are particularly relevant. Consultations were initially carried out on receipt of the application. Consultees have recently been reconsulted and additional consultees added. The responses represent their current position
1. Cantley with Branton Parish Council raise the following issues Concern about large scale housing in the current housing market. Support affordable housing for new owners Increased traffic in a congested area Little relevance of cycle access Play areas should be provided New woodland should be provided and hedgerows protected Existing woodlands should be protected. Retention of green areas supported.
2. Planning Environment Group- A. Ecology- issues are raised in relation to protected species, the loss of trees and impact of the access to the development on Warren Wood SSI. The impacts on Back Wood and Green Busks are also relevant. The applicants detailed reports in relation to protected species including bats, reptiles and great crested newts have been assessed and the proposed mitigation is acceptable in principle subject to detailed conditions. B. Landscaping- the Masterplan is considered to provide an adequate framework for the development. The Masterplan reflects the existing field pattern - this will allow for increased potential to retain existing hedgerows in the final layout. The existing field pattern of the open areas of the site cannot be traced to an Enclosure Award. The 1779 Cantley, Branton, Bessacarr and High Ellers Enclosure Award makes reference to the enclosure of 6 ha of Bessacarr Common. This area of land would appear to fall outside the boundary of the application site. C. Trees- the loss of trees to the access road through Warren Wood is considered to be undesirable. The unusual nature of the constraints of the site however requires the access to pass through the woodland. This being the case the principle of access through the woodland has been established as the only way to bring forward the site for development. The issue to consider therefore is that of minimising the extent of woodland loss. The amended access achieves this by passing through an open heathland area whereas the pre amended access was routed wholly within the woodland area. Further woodland loss has been reduced by having a footpath on one side only of the access road The status of Warren wood as Ancient Woodland has been the subject of debate. An early entry (1986) on the National Inventory of Ancient Woodland appeared to confirm such a status. The woodland has since been removed the earlier entry being erroneous. Its status has also been questioned by the applicant. An independent assessment of the status of the woodland has been commissioned by the Council and a report entitled an "Independent Opinion as to whether Warren Wood at Bessacarr is an Ancient Wood" from Professor M. Jones of University of Sheffield is relevant. The report is of the opinion that that the woodland does not have ancient woodland status. The above status does not deny the significance of the impact on Warren Wood and high importance has been attached to measures to mitigate this. D. Public open space- the Masterplan provides acceptable provision of open space facilities.
3. Doncaster Naturalists Society - object to the development due to the adverse impact on Warren Wood, Back Wood, Green Busks and associated heathland. Warren Wood may have the status of ancient woodland.
4. Yorkshire Wildlife Trust - the relationship of the residential development to their adjoining Potteric Carr Nature Reserve and S.S.S.I is important. The Trust has agreed to be involved in the development and management of the nature reserve buffer areas.
5. Development Control Highways/ Transportation/Public Rights of Way Groups- have assessed in detail the application, Transport Assessments and Travel Plan and have raised the following main relevant points The impact of the development on the highway network is acceptable in principle provided the specific terms of the Travel Plan/ Section 106 agreement are implemented. The main vehicular access from Bawtry Rd by means of a roundabout is acceptable. A secondary emergency access via Warren Lane is acceptable and the proposed pedestrian/cycleway access via Bessacarr Lane is also acceptable The application protects footpaths / cycle ways on the site. Initial concerns about the Byway (BOAT) across the site have been resolved.
6. Highways Agency- initially raised a direction "that planning permission is not granted for an indefinite period of time" in order to secure "a travel plan to ensure consistency with Highways Agency policy as set out in paragraph 33 of Department of Transport Circular 02/2007 Planning and the Strategic Road Network. The Direction has been withdrawn and replaced by a requirement that the submitted travel plan is implemented.
7. South Yorkshire PTE- raised initial concerns about facilitation works for public transport, bus service provision, Travelmaster tickets and the impact of the development on the Quality Bus Corridor. The content of the Travel plan is now considered acceptable. 8. Yorkshire Water- no objections in principle subject to detailed conditions.
9. Environment Agency- consider that a suitable flood risk assessment has been submitted in accordance with PPS25 and do not object to the development of the site subject to detailed conditions and informatives.
10. DMBC Drainage- no objections in principle subject to detailed conditions.
11. Potteric Carr IDB- no objections in principle subject to detailed conditions.
12. Seven Trent Water - no objections.
13. Yorkshire and Humber Assembly as the regional planning body consider that the development could have an effect on the implementation of the Regional Spatial strategy. It concludes that it is supportive of the development on the basis that other existing development options in Doncaster could not accommodate the proposed development and a sequential approach has been followed.
14. Yorkshire Forward is supportive of the development which is well aligned with the Regional Economic Strategy.
15. Natural England - no objections in principle.
16. Health and Safety Executive- initially raised concerns in relation to the proximity of the development to the Gas pipelines. The applicant has agreed that no development shall take place within 6m of the pipelines which is acceptable.
17. South Yorkshire Fire Service- no objections in principle subject to detailed conditions.
18. Environmental Health- the submission of a noise assessment in terms of PPG 24 is acceptable in principle.
19. South Yorkshire Archaeological Services - raised initial concerns that the applicant had not provided sufficient information to assess the impact of the development. Following submission of additional information in the form of detailed Auger and Magnetometer Surveys of the site the impact of the development is considered acceptable subject to a detailed condition requiring further detailed evaluation.
20. Rossington Environmental Association - object to the development on nature conservation, traffic and flood risk grounds.
21. Bessacarr and Cantley Community Forum have raised the following specific objections Unnecessary development of a Greenfield site. Priority should be given to Brownfield sites. The Doncaster UDP is out of date and the application should be assessed in terms of the Doncaster LDF The development would be a car based dormitory settlement contrary to PPS 1,3 and 13 Primary school provision would not be made on site The archaeology of the site should be fully investigated The loss of ancient woodland would be contrary to PPG9 The recreational value of the site would be adversely affected by the development and its effect on rights of way The development would impact adversely on flood risk Access to the site from Bawtry Rd would worsen existing traffic congestion A single access from Bawtry Rd would be inaccessible for emergency vehicles The development should not make use of the Bessacarr Lane level crossing The BOAT No 8 should not be reduced in status The gas pipelines crossing the site should preclude development The development is contrary to 9 parts of Policy PH3 of Doncaster UDP namely access arrangements, impact on Bawtry Road, loss of woodland, public access, railway crossing arrangements, railway station, new open space provision, phasing of the development, and commuted sums.
22. Woodland Trust - object to the impact of the development on Back and Warren Woods.
Publicity Responses
1. Representations were received from local residents and groups at the time of the original application of which most letters raised objections.
2. Further consultation on the revised application has generated additional objections from local residents, mainly of Bessacarr and Cantley which to date number about 95 individual letters The nature of objections is similar in both cases and the main points raised are summarized below
The adverse impact of the additional large scale housing development on congested traffic conditions on Bawtry Rd The unsuitability of a single vehicular access to serve the development The unsuitability of public transport access from Bessacarr Lane over Doncaster Lincoln railway line Development of a site which has experienced flooding in recent past and has inadequate drainage The loss of a Greenfield area of attractive open countryside which is well used for informal recreational purposes Detrimental impact on attractive rights of way Loss of attractive and valuable woodland/heathland habitats and wildlife Detrimental impact on local facilities Lack of need for additional housing in Doncaster No change in circumstances from previous refusal Impact of employment use on residential area
3. The applicant has carried out a process of Community Consultation and has submitted a Consultation Assessment Report. The applicant notes that the main issues raised relate to transport, housing provision, environment and sustainability, community facilities, employment and flooding. The applicant concludes "A large majority of people were in favour of the proposals. 63% of those consulted supported the proposals to develop the Manor Farm site, and 74% agreed that if the site were to be developed that the proposed vision was appropriate. Respondents were particularly supportive of the proposed range of community facilities on offer, in particular the allocation of land to provide a village centre incorporating local shops, medical facilities a primary school and extensive areas of open green space".
Assessment of Proposal
1. This assessment considers in detail the issues that arise in relation to this application A. Housing Policies and Residential Land Availability B. Site Impacts of the Development C. Transportation/Highways Issues D. Conclusion
Housing Policies and Residential Land Availability
2. Initial consideration needs to be given to the issue of the justification for the release of this large site for Housing development. The following planning policy documents are particularly relevant
3. National Planning Policy Statement - PPS 3. PPS3 Housing has replaced PPG 3 and requires the council to identify and maintain a rolling 5 year supply of deliverable land for Housing. Deliverable sites must be available now in a suitable location and be achievable within 5 years. The PPS post dates the Doncaster UDP and is being implemented through the later documents below. The development proposal would provide a significant contribution to land supply and is available for development.
4. Yorkshire and Humber Plan. The Regional Spatial Strategy forms part of the Development Plan for Doncaster and was adopted in May 2008. The Strategy sets out the Boroughs annual housing requirement and the spatial vision of the core approach. In particular Policies H1 (Provision and Distribution of Housing) and YH 4-7 (Housing Development) are relevant. The RSS significantly increases previous annual requirements and proposes that Doncaster's net annual housing requirement be set at 855 dwellings to 2008 and 1230 from 2008 to 2026. This equates to a 5 year requirement for 6150 dwellings for 2008 onwards. Doncaster and the other South Yorkshire authorities have made a bid for Growth Point status which if successful would increase this housing requirement by around 20%. Doncaster is a sub regional town which should be a prime focus for housing in terms of Policy YH4. Policy YH7 identifies town extensions as third priority behind town brownfield and infill sites for development. The development proposal would provide a significant contribution to housing land supply. It is available for development and adjoins the main urban area. It represents a town extension on a Greenfield site the release of which is necessary to meet the housing requirements.
5. Doncaster UDP. The site is allocated as a residential development site under Policies PH1 and PH3 of the adopted UDP, the saved policies of which form an important part of the development plan. The plan thus supports the principle of the release of the land for housing development, subject to the detailed assessment of the points of the policy. The UDP carries significant weight as an adopted statutory plan in a planning system that requires that decisions be made in accordance with the development plan unless material considerations indicate otherwise. It is therefore considered that in principle in land use terms the application should be supported subject to detailed consideration, which follows in this report, of the individual points of the Policy.
6. Doncaster LDF. The Core Strategy; Preferred Options document, approved by Council for consultation in December 2005 forms part of the development plan but has limited weight because of its early stage in the process. It identifies in Policy CS-S1 that "the main Doncaster Urban area will be the principal focus within the Borough for growth and urban renaissance" It includes Bessacarr and Cantley. Policy CS-H1 states that "Housing land will be provided to meet the Boroughs housing requirement up to 2021..." The development site is a greenfield extension to the Main Urban Area and is therefore relatively high in the search sequence for sites to meet the housing requirement.
7. Interim Planning Position Statement 2 Housing in Doncaster. It aims"to ensure that sufficient housing land continues to be available to meet Doncaster's housing needs, economic growth aspirations and Government policy in terms of 5- year deliverable land supply in line with PPS3 and the Regional Spatial Strategy To identify that 5 year deliverable land supply" Interim Planning Position Statements H1 and H2 clarify in detail proposals for achieving the above aims. In particular the previous Greenfield moratorium on housing development is lifted and development is proposed on Greenfield UDP Housing/Mixed Use Allocations (subject to meeting national flood sequential policy). Policy H2 estimates a total capacity of 14034 dwellings of which 6084 are estimated to be deliverable. Greenfield UDP sites account for 5627 dwellings of which 2338 are considered deliverable Appendix H-D identifies Greenfield UDP Housing allocations without planning permission. In particular the application site is identified as 30 Manor Farm Bessacarr 1100(estimated capacity).
8. In the light of the above it is necessary in terms of current Housing supply to support development of the site which will make a significant contribution to achievement of deliverable housing land in the Borough. Planning permissions granted since the IPPS was adopted have improved the deliverable land supply but the site is still an important contributor to Doncaster's 5 year supply. Any increase to the housing requirement due to the Growth Point being pursued by the Council will further increase the importance of the site to housing land supply
9. Conclusions. The development site makes a significant contribution to the achievement of the required housing land supply in the Borough. In particular the release of the Greenfield site is justifiable in terms of achieving this supply.
Site Impacts of the Development
10. The development of this large Greenfield development site will have a significant impact on the character and appearance of the site and its surroundings which need to be balanced with the policy analysis above. Specific impacts are considered below. A Masterplan has been developed, by the applicant, which provides a specific framework for addressing these site specific issues. The development of this Masterplan has in effect superseded the need to prepare a detailed planning brief for the site
11. Nature Conservation The development has direct and indirect impacts on the nature conservation value of the site and its surroundings. It therefore needs to be considered in particular in relation to PPS9 and Policies ENV21, 40, 41, 42, 50 and 59 of Doncaster UDP. The main impacts are
A. The felling of trees within Warren Wood and development on adjoining heathland to accommodate the access road from Bawtry Rd. A corridor of trees comprising about 100 Oak and Sycamore trees would be directly affected. This accounts for about 15% of the area of Warren Wood. The scheme would involve felling of the individual trees and development on the heathland thus reducing the overall woodland and heathland area in terms of its amenity and ecological value . The majority of tree removal will take place adjacent to Bawtry Rd and will have a high visual impact. Allthough the woodland does not meet the definition of "Ancient Woodland",the development also needs to be considered in the light of the Supplementary Planning Document "Planning for Trees and Hedgerows on Development Sites in Doncaster". The document aims to minimize the impact of development on trees and woodlands and to mitigate such impacts, irrespective of ancient woodland status. In this case, where access through the woodland cannot be avoided mitigation will be implemented by replacement planting proposals, and through provision for Woodland Management of Warren Wood, Back Wood and Green Busks which are not currently managed. There is no feasible alternative vehicular access to the site and the felling of trees is essential to the implementation of the development site which is a residentially allocated site within the adopted Doncaster UDP
B. The development of areas adjoining Back Wood and Green Busks The developer has agreed to provide adequate buffer zones (15m) and green links to these areas such that the impact of the development is considered acceptable. Green Busks and the green links are proposed to be the subject of a maintenance agreement with the developer in the Section 106 agreement. Development adjoining Back Wood may have an effect on the wetness of the woodland and it is therefore proposed that a 5 year hydrological monitoring study be conditioned.
C. The sites relationship with the adjoining Potteric Carr Nature Reserve The proposed substantial nature reserve buffer zone in the masterplan is considered to reduce the impact of the development to an acceptable level. The developer has agreed with the Yorkshire Naturalist Trust that the buffer zone and Warren and Back Woods will be maintained by the Trust for ecological purposes. The Trust is willing to be part of a Section 106 agreement to achieve this.
D. The impact on the former agricultural fields and their hedgerow boundaries The Masterplan reflects the existing field pattern which will allow for increased potential to retain existing hedgerows in the final design layout.
E. The conservation of protected species The applicant has carried out surveys in relation to protected species. In particular a Great Crested Newt Survey has not revealed the presence of this species on the site. A Bat survey has been carried out that indicates that the development may affect 2 trees with moderate potential as bat roosts and 5 trees with high potential. In addition, the tree felling in Warren Wood will lead to the loss of 4 trees with moderate potential and 2 trees with high potential to act as bat roosts. Further surveys will be carried out prior to the removal of any trees to establish if trees are present. A reptile survey has revealed the presence of Common Lizards and possible presence of Grass Snake. The surveys indicate that the development will have an effect on protected species but detailed conditions are proposed to mitigate the impact.
F. Conclusion The direct impacts on Warren Wood are unavoidable but are mitigated to a degree by the significant nature conservation proposals elsewhere on the site. Other issues are proposed to be mitigated through the Masterplan, the Section 106 agreement and planning conditions
12. Urban Design/Landscaping Policy PH 13 of the Doncaster UDP is particularly relevant to promoting high standards of residential development. The development would have a significant impact on the existing landscape through loss of some hedgerows and replacement of a neglected agricultural landscape with urban development. The application includes a detailed Masterplan and a design statement for the framework of the development. The Masterplan provides for a substantial green framework around the site protecting the settings of Warren and Back Woods, Green Busks and Potteric Carr. Within the development the Masterplan provides for a development layout that defines developable areas and provides for access to these areas within a landscape framework. The development has been designed to accommodate the existing landscape and creates a village style community with a network of retained swales and existing drains. The design includes a village centre with shops school site and village green. A design framework has been prepared to accommodate housing zones of differing character and links to green infrastructure. The Masterplan and design guidance are considered to provide an acceptable framework to enable the council to insist on a high quality of development in terms of Policy PH 13 and the character and appearance of the development. It also provides an acceptable landscape framework for development of the site
13. Open Space Policy RL 4 of Doncaster UDP is particularly relevant in relation to local open space provision. The site has not been actively farmed for over 10 years and pedestrian access to the site has taken place on the site. Local residents have used parts of the site for informal recreational purposes including the woodland areas and the rights of way. A large number of objectors raise this loss of the open countryside as an open space issue. The application proposes in the Masterplan that areas to be provided as Open Space which will be managed partly for nature conservation purposes and partly for active recreation - including the provision of play areas The application will affect the character and appearance of the existing countryside area and will reduce the attractiveness of parts of the site for informal recreation. The applicant however proposes to mitigate this impact by the retention/ management of most of the woodland areas and the creation of a substantial buffer zone around the development. In particular an extensive area adjacent to Potteric Carr and the Mother Drain is to be provided as a wildlife area and retained wetland area. The area given over to open space exceeds the normal 15% of the site area required by the council. The masterplan proposes a variety of open space facilities, including the provision of a village green and Local and Neighbourhood Areas of Play. The siting and design as set out in the masterplan are acceptable in principle. Rights of way across the site are to be maintained and landscaped. The Potterric Carr buffer zone and Warren /Back Woods are proposed to be maintained by Yorkshire Naturalists Trust whilst Green Busks and the ancillary open space will be the subject of a private maintenance agreement. It is considered therefore that the proposed open space structure is acceptable in terms of Policy RL4 and provides an acceptable degree of mitigation for the loss of parts of the site for open space usage.
14. Affordable Housing Policy PH19 of Doncaster UDP requires the provision of Affordable Housing on the site. The Interim Planning Position Statement 1 on Affordable Housing requires 26% of the units to be provided as built units on the site. The applicant has proposed that 26 % of the units will be affordable (about 234 dwellings). In particular South Yorkshire Housing Association (an approved council RSL partner) has expressed interest in the development and a tenure mix of 75% affordable sale (shared ownership) and 25% affordable rent has been agreed. The proposed number of affordable houses would make a large contribution to Doncaster's affordable housing requirement being the equivalent of more than one year's requirement for the Borough as a whole. The proposed mix of housing units is considered acceptable on this site. The development is considered acceptable in this respect and will be implemented through the Section 106 agreement.
15. Amenity Issues Noise- The site is adjoined by M18, and the East Coast/ Doncaster to Lincoln railway lines that would generate noise which affects the site. The applicant has carried out a noise assessment which indicates that the site falls within an acceptable Noise Exposure Category in PPG24. As such the development of the site is not considered to be significantly adversely affected by noise
16. Archaeology Issues Policies ENV 35 - 38 of Doncaster UDP are particularly relevant The developers Archaeological Assessment revealed areas of interest on the site. Following discussions with South Yorkshire Archaeology unit further detailed exploratory work has been carried out on site to investigate these areas and additional documentation submitted in the form of an Auger Survey and a Magnetometer Survey. The Unit have now concluded that the site is developable subject to detailed planning conditions to protect the archaeological interest.
17. Flood Risk And Drainage Issues The applicants flood risk assessment and drainage strategy have been assessed by the various drainage bodies Flood Risk - most of the site is outside an area likely to flood and the small area of possible flood impact is not to be developed. The site is therefore sequentially preferable to some other housing allocations. Drainage - The applicant has produced a drainage strategy for surface and foul water drainage. Surface Water -a sustainable urban drainage system is proposed including the provision of balancing facilities in relation to peak flow control Foul Water - the development needs off site improvement works to the sewerage system The drainage bodies consulted have no objection to the proposals subject to detailed control of its implementation.
18. Health and Safety Issue 2 high pressure gas pipelines cross the site. The applicant's proposal to restrict development within 6m of the pipelines meets the requirements of Health and Safety Executive.
19. Additional Site Developments The development of the site is predominantly for residential purposes but a cluster of smaller developments make up the mixed use development of the site. These include 1. A village centre near the northern boundary of the site incorporating a village green, central community facilities and small scale retail provision 2. Residential Care Village adjoining the village centre 3. Business units - adjoining the village centre 4. School Site- adjoining the village centre The relatively small scale of such facilities is considered to be acceptable in planning terms and provides for an element of local facilities on the site. The village centre will provide a central focus for the development whilst the business units will generate a small amount of employment. The school site will enable local future provision if required.
20. Sustainability of the Development The development incorporates proposals to provide a sustainable development site including A mixed use development of the site A Transport Plan to encourage modes of transport other than the car A Masterplan and Design Statement that promotes sustainable development Code for Sustainable Homes housing Levels 3 and 4 The proposed development is considered to be acceptable in the light of the above. A detailed condition in relation to the implementation of renewable energy is proposed
21. Previous Refusal of Planning Permission The previous refusal is identified in the "History" section of the report. The following changes are relevant to the current consideration of the application 1. PPG 3 has been replaced with Planning Policy Statement 3 . The UDP was adopted prior to the issuing of PPS3 but the RSS and IPPS reflect the above Statement. The site remains a greenfield site but is identified as a significant site in the provision of housing land supply in the Borough and is needed to achieve the 5 year land supply 2. The application has been amended to address previous concerns in the following respects. The application now includes proposals for a more mixed use development incorporating proposals for jobs, education and communal facilities on site. The application includes a Travel Plan to promote and achieve alternative modes of transport to the car including improved public transport provision. The impact on Warren Wood SSI is reduced by the redesign of the access road. Back Wood, Green Busks and Potteric Carr are protected by buffer zones. The development includes proposals to manage these zones. It is therefore considered that the previous reasons for refusal have been addressed in the amended application.
Transportation/Highways Issues
22. Policy T 5 of Doncaster UDP is particularly relevant. The application is accompanied by Transport Assessments and a Travel Plan which have been assessed to consider the impact of this large development on the local transport network. The assessments have been considered by Highways Development Control, Strategic Transportation unit, Highways Agency and South Yorkshire Passenger Transport Executive. The original Transport Assessment produced in 2001 is supplemented by an "Addendum" . Further detailed analysis has been carried out to clarify the latter document. The transport assessments have the following general structure Description of the development proposals Base Traffic data Predicted traffic generation and network distribution for the development Effect of the predicted traffic on operating conditions on the road network Proposals to deal with the predicted traffic Analysis of proposals to develope a Travel Plan for the site to reduce the impact of car traffic. This document includes details of the provisions for improving public transport services and the details of a permanent onsite travel plan manager to introduce the various initiatives to reduce the use of cars resulting from the development The following assessment is based on the assessment that the Travel Plan is implemented in accordance with the applicant's current proposals. It includes assessment of the development in relation to the recently implemented Quality Bus Corridor and the proposed Finningley and Rossington Regeneration Route scheme.
23. Vehicular access The following issues are particularly relevant to this development 1. The impact of the development on the capacity of the local highway network including Bawtry Rd and the nearby Church Lane/Stoops lane junction - the local network on Bawtry Rd has capacity to accommodate the significant additional traffic from the development. The public transport proposals in the development are considered to represent an acceptable solution to traffic impact that does not require any physical improvements to the traffic signals at Church Lane/Stoops Lane junction. MOVA (Microprocessor Optimised Vehicle Activation) is currently in operation at the Stoops Lane signals. This system is to minimize delays and increase capacity at signalised junctions. The development will fund validation of the MOVA installed at the signals which will ensure that the change in traffic conditions can be managed through the system. 2. The particular vehicular access proposals for the site now incorporate a single main vehicular access to the site from Bawtry Rd with a new roundabout. an emergency vehicular access by way of Warren Lane no vehicular access from Bessacarr Lane The proposals provide for an acceptable and safe means of access to the site in terms of the impact of the development on the network and the specific servicing of the site. An alternative main access point making use of Warren Lane is considered not to be feasible in highways terms. 3. Within the site the Masterplan provides for a circular link road around the site to distribute traffic and provide internal bus circulation. Individual residential areas will then be served from this road 4. The Travel plan makes provision for the monitoring of the impact of the development on the network and specifically includes within the Section 106 agreement provision for funding of monitoring of traffic and the provision of a financial bond to allow intervention should the monitoring reveal the targets are not being met.
24. Public Transport The following issues are particularly relevant to this development. The implementation of the Travel Plan in relation to public transport is considered to be essential to reduce the vehicular access impact discussed above. With the recent implementation of the Quality Bus Corridor on Bawtry Rd it is proposed that the public transport provisions be related to improvement of local bus services. Bus Transport -the proposed S106 Agreement makes provision for the funding of additional bus services to the site. The services will use the main access to the site,with bus infrastructures accomodated within the development. The previous proposal for access from Bessacarr Lane having been withdrawn from the application. Rail Transport - Policy PH3 of UDP states that a site should be safeguarded on the Doncaster- Lincoln line for a station/park and ride scheme. With the recent implementation of the Quality Bus Corridor on Bawtry Rd and in conjuction with other long term transportation objectives for the area, the provision of a railway station on the site would be likely to compromise the viability of these proposals. The development therefore does not include the provision of a rail station on site.
25. Other Access Pedestrian and cycleway issues are relevant to this development. In particular access to the site from the existing areas of Bessacarr and Cantley will be available from the new main access road, along existing Warren Lane and by way of the existing Bessacarr Lane level crossing. The existing accesses are proposed to be improved by the provision of lighting on Warren Lane and improvements to the level crossing. Within the site the existing Bessacarr/ Rossington cycleway will be retained and existing rights of way maintained and landscaped as green links. The Warren Lane byeway will be retained but it is proposed to allow only pedestrian/ cycleway access along it - implementation would require legal confirmation The Masterplan accompanying the application provides for additional footpath access within the residential development providing landscaped corridors between the developed areas. It also proposes linkages through the existing woodlands and to Potteric Carr Nature Reserve.
26. Detailed Highway /Transport Assessments This section of the report will focus on the methodology used to assess the proposed development from a highway/transportation perspective, and how the Technical Assessment has informed and influenced Travel Plan initiatives that will form the basis of agreement under section 106 of the Town and Country Planning Act 1990 or by condition.
27. A Document called "Department for Transport - Guidance on Transport Assessment", published in March 2007, has been the reference document used in the assessment of the proposed development from a highway point of view. In addition, recognised industry standards of computer software have been used in the performance assessment of local junctions that come under the influence of the proposed development. The Councils strategic multi model traffic model (Cube Voyager) has also been used extensively in the assessment of Bawtry Road under various scenario events to ensure Bawtry Road is able to cope with the level of traffic generated by the proposed development. The following sets out the process of technical assessment.
28. Government transport policy is very much focused on seeking alternative solutions to building new roads by reducing the impact of road users on each other and the environment, improving road performance through network management and developing smarter journey choices. The Transport Assessment is therefore accompanied by a separate Framework Travel Plan, which will be discussed later on in the report together with initiatives that form the basis of agreement under section 106 of the Town and Country Planning Act 1990.
29. Since the submission of the planning application and Transport Assessment, there has been discussion with the applicant's traffic consultant which has resulted in a complete review of the traffic impact assessment, the details of the proposed site access and the proposed improvements to the Bawtry Road/Church Lane/Stoops Lane traffic controlled junction. There has also been a review of the proposals to provide public transport linkages into the site. Significant, is that Bessacarr Lane will not be used to access the site by public transport vehicles. Besssacarr Lane was previously proposed as a means of access for public transport.
30. The traffic impact assessment work has been based on peak hour traffic data collated from the results of discrete surveys on Bawtry Road at the location of the proposed site and at the Bawtry Road/Church Lane junction. This data has in turn been used by Doncaster Council to carry out local validation of the Strategic traffic model (Cube Voyager) for the Bawtry Road corridor and then adapt it to include the Manor Farm development and its proposed site access. That piece of work has then enabled the local junction analysis work to be undertaken.
31. Using the results from the Strategic model, the applicant's consultants have carried out a technical assessment of the proposed site access and the Bawtry Road/Church Lane/Stoops Lane junction. The assessment has been based on a design year of 2018 under four scenarios: Do Minimum scenarios are without development and the DO Something scenarios include the Manor Farm development.
32. Site Access The operation of the proposed roundabout has been analysed using the computer program ARCADY 6 for the 2018 Do Something peak hour traffic flows without and with FARRRS (Finningley and Rossington Regeneration Road Scheme). The result of the analysis show that in the design year the proposed site access roundabout will operate within capacity with minimal queues and delays to accommodate the traffic generated from the total development. When the FARRRS scheme is implemented there will be additional spare capacity at the junction.
33. A638 Bawtry Road/Church Road/Stoops Lane Junction This junction is traffic signal controlled and the signal timings have been changed as part of the implementation of the Bawtry Road Quality Bus Corridor (QBC). An inbound dedicated bus lane starts just to the north west of this junction.
34. The junction has been analysed using LINSIG computer programme for the 2018 DO minimum peak hour flows without and with FARRRS. The results show that the junction in the 2018 Design Year, will be operating significantly over-capacity in the evening peak hour though with the implementation of the FARRRS scheme the model is predicting some degree of relief to the Bawtry Road corridor. As a results of the analysis undertaken on the junction, the applicant proposed improvements to be carried out to the junction. Further analysis using the same computer software has demonstrated that the junction with the proposed improvements will be operating within capacity in both the morning and evening peak hours even allowing for the additional traffic that will be generated by the development proposal. With FARRRS, the model is predicting an additional degree of benefit.
35. The junction presently is controlled with the MOVA Signal Control System which is a sophisticated strategy using to assess the best signal timings, given the physical layout of the junction, the signal stages available and the traffic conditions at the time. MOVA is extremely flexible and the signal timings can vary widely as the traffic conditions change.
36. It is recognised that, as the junction is controlled by MOVA, and LINSIG analysis would reflect a very much worse-case scenario in relation to the predicted queues and delays as the software is unable to accurately mirror the varying signal timings that are a feature of MOVA control under congested conditions. In reality during peak times MOVA will provide ever-varying control that maximises the junction throughput under the actual flow conditions prevailing and therefore actual queues and delays will be far less that would be predicted by conventional assessment software.
37. Whilst it is recognised that the improvements proposed by the developer to the junction would accommodate the traffic generated by the total development, there is a concern that a reconfiguration of the junction could introduce a potential safety issue. As discussed above, it is also recognised that the technical analysis undertaken using LINSIG, is not able to accurately assess how the junction will operate under MOVA control. In fact, the view taken is that the LINSIG analysis has resulted in the junction being over designed. Therefore, it has been decided not to proceed with the improvement to the junction and instead, monitor the performance of the junction over the build out period of the development and recalibrate MOVA as required. A sum of £5000 has been agreed with the developer for that purpose. The decision not to proceed with the junction improvement has allowed the focus to turn to sustainability issues and to use the construction costs attributed to the improvements to be used to provide appropriate levels of public transport to the site. This is consistent with Department for Transport - Guidance on Transport Assessment", published in March 2007.
38. Public Transport Provision into the site Arrangements for the provision of public transport has been the subject of extensive involvement and agreement with South Yorkshire Passenger Transport Executive (SYPTE). These discussions have acknowledged that the early phase of development that will be situated within 400m of existing bus stops on Bawtry Road can be satisfactorily provided for by existing bus services along that corridor.
39. Once development proceeds beyond 400 metres of Bawtry Road, the developer funded bus service will commence. While the daytime service is likely to involve the extension of service 58, the funding levels agreed are considered sufficiently robust to allow for any change in service provision. It is recognised by SYPTE that the evening and weekend service may not become commercially viable. In the event that the service would not be run by a commercial operator at the end of the period funded by the developer SYPTE have agreed to assess the opportunites for funding that service through their annual funding allocation for such services. It is therefore considered that five years is a reasnable period for developer funding of the service. The total funding agreed to support public transport over a 5 year period or to a point in time where the service becomes commercially viable, will be £1,250,000. This comprises £150,000 per annum for the day time service and £100,000 per annum for the evening and week end service.
40. The phasing of the Manor Farm development will include for the progressive introduction of an adopted internal bus route with appropriate turning/road loops and bus stop facilities as required. The proposal also includes that no residential unit shall be further than 400m from a bus stop/service and some units shall be much closer. It is considered that with the bus service and walking distances proposed that this site meets the IHT Guidance for Journeys on Foot and the Regional Spatial Strategy/Regional Transport Strategy bus service accessibility criteria,
41. Means of Access There is currently no existing established vehicular access directly into the site from A638. Notwithstanding footway/cycleway/emergency access provision to the site via Warren Lane, Bessacarr Lane and Carr Lane crossing, the site will be served exclusively from a single access from Bawtry Road (A638). The access onto Bawtry Road will be a roundabout design that has been the subject of extensive technical analysis as previously described, and proven to be adequate to cater for the level of traffic generated by the proposed development. Over the length of the access road between the site access (roundabout) and up to where the internal road network serving the development loops off through the rest of the site, there will be little or no frontage development. This initial length of access road will comprise a 7.3m wide carriageway, 3.0m wide footway/cycleway along the south side of the road and 2.0m wide verge on its opposite side. In the absence of frontage development along the initial length of access road there will be few vehicular access points. It has further been established that all statutory services will be provided and contained within the 3.0 wide footway/cycleway. These considerations combined with the high standard of access road considerably reduces the potential for incidents or road works which could interfere with 24 hour vehicular access into the site.
42. Pedestrian and Cycleway Access In addition to the main vehicular access from Bawtry Road, there will be good connectivity from the proposed development into the existing housing development located to the north for pedestrian and cycleway users.
43. Warren Lane is classed as BOAT (Byway Open To All Traffic). The road provides all vehicular access from Bawtry Road to a small number of residential properties and a gas governor station. Warren Lane will be provided with street lighting to enhance road safety, and vehicular access into the site by vehicles will be restricted with the exception of providing for emergency vehicles.
44. The Bessacarr Lane crossing will be restricted to pedestrian and cycleway use and the developer has agreed to fund the upgrading of the crossing to the standards required by the rail authority. The developer will enter into a Section 106 Obligation to secure the works funding. 45. Carr Lane is a bridleway as it crosses the rail way to the west of the site and will be maintained as a means of pedestrian access to the site. It also currently provides the sole private means of access to a former rail cottage as well as vehicular maintenance access for the rail network. The developer has agreed with the owner of the cottage to relinquish vehicular rights across the rail line upon provision of an agreed access from within the development.
46. Residential Travel Plan A framework Travel Plan has been agreed for the proposed development, and is linked to the Transport Assessment. Through specific measures and initiatives, the Travel Plan will be required to deliver targets with respect to modal split which have been agreed as part of the TA process. A Bond of £300,000 will be secured through the Section 106 agreement for use by the Council on specific measures should the agreed levels of traffic generation from the development be exceeded. In the event of the target modal shift be achieved by the Travel Plan, the bond or residual amount will be returned to the developer. In addition, a sum of £5000, also to be subject to a 106 agreement, will be secured for the monitoring of the Travel Plan. The plan accounts for measures such as permanent onsite travel manager and the introduction of initiatives such as personnalised journey planning, arranging car share clubs, a site travel website and coordinating residential and business travel surveys.
47. In the light of the above assessment it is concluded that the impact of the development is acceptable from a transportation/highway point of view and complies with Policy T 5 of Doncaster UDP.
Conclusion
48. In the light of the above assessments it is concluded, that
A. The residential allocation of the site and the need to ensure a 5 year supply of housing land, support the need to release the site for the proposed housing development.
B. The Site Specific requirements of Policy PH3 of the UDP are addressed in the following respects in the report in detail. The requirements are summarized below Access arrangements -acceptable access is provided for all modes of transport Traffic impact on Bawtry Rd - the impact of traffic is acceptable with implementation of the travel plan Social Housing -26% of the units are to be affordable Retention of woodland - woodland is lost in Warren Wood but other woodland is retained and enhanced Public access to the site - access to the site is maintained and enhanced on rights of way Railway Crossings - the Bessacarr Lane crossing is maintained and improved for pedestrians Railway Station - no provision is considered necessary in the light of the proposed bus proposals Local Shopping and Community Facilities - local provision is identified Buffer to Potteric Carr - a substantial green buffer zone is proposed New Public Open Space - provision of acceptable open space is proposed Phasing - the development includes a phasing scheme Commuted sums - the transport plan includes appropriate sums. The buffer zones will be maintained with a commuted sum. The above impacts of the development are mainly acceptable. The impact of the access road on Warren Wood is an essential part of the development providing the only feasible vehicular access and is mitigated by ecological/woodland proposals elsewhere in the development.
C. Transportation/ Highways impacts of the development are acceptable, provided that the Travel Plan is implemented .
D. It is recommended on balance, that outline planning permission be granted subject to the attached conditions and Section 106 Obligation.
PLANNING COMMITTEE RESOLVE TO GRANT PLANNING PERMISSION FOR THE PROPOSED DEVELOPMENT, SUBJECT TO THE COMPLETION OF AN AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 IN RELATION TO THE FOLLOWING MATTERS:
(A) Affordable Housing -26% of units to be built on site shall be affordable housing - 75% of the units to be affordable sale (shared equity) and 25% for affordable rent
(B) Transportation Contributions - the following contributions be provided A sum of £1,250,000 contribution towards funding public transport to the site, comprising a subsidy of £150,000 per year for weekday services for up to 5 years and a subsidy of £100,000 per year for evening and weekend services for up to 5 years A bond of £300,000 for the expenditure by the Council on specific travel plan initiatives should the agreed level of traffic generated be exceeded A sum of £5,000 to be provided for monitoring of the Travel Plan A sum of £20,000 to be used to provide street lighting on Warren Lane A sum of £5,000 to be provided for the calibration of the Bawtry Road/ Stoops Lane traffic signals A sum of £71,000 to upgrade the Bessacarr Lane railway crossing to Network Rail standards for a pedestrian and cycleway crossing.
(C) Education - the land, about 1 ha on the Masterplan, identified as a school site be dedicated to the Council.
(D) Public open space - a scheme for the provision and maintenance of public open space including play equipment within the residential development.
(E) Maintenance of the Nature Reserve and Nature Parks, Woodlands and Greenspace around the site development areas. A sum of £1.2 million for Yorkshire Wildlife Trust to manage and maintain the land.
THE ASSISTANT DIRECTOR OF DEVELOPMENT AND PLANNING BE AUTHORISED TO ISSUE THE PLANNING PERMISSION ON COMPLETION OF THE AGREEMENT.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence. RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO SECTION 106 LEGAL AGREEMENT
01. SC031 The development to which this permission relates must be begun not later than whichever is the later of the following dates:- i The expiration of three 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 different dates the final approval of the last such matter to be approved. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.
02. U17227 In the case of the Reserved Matters application for approval must be made not later than the expiration of ten years beginning with the date of this permission. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.
03. OA01 Approval of the details of the layout, siting, design and external appearance of each building and/or installation of any wall or fence to be erected on the site, including a schedule of external materials, the means of access thereto and landscaping of the site (hereinafter referred to as reserved matters) shall be obtained from the Local Planning Authority before the commencement of any works. REASON The application is in outline and no details having yet been furnished of the matters referred to in the outline they are reserved for subsequent approval by the Local Planning Authority.
04. U17228 The development hereby permitted shall be carried out on a phased basis in accordance with the Masterplan dated 18 November 2008 unless otherwise agreed in writing with the Local Planning Authority. REASON To control the implementation of the development.
05. U17229 A detailed Stage 2 Masterplan based on the general site layout, the greenspace network, the mix and scale of uses and the vehicular/pedestrian/cycle access arrangements set out in the Masterplan dated 18 November 2008 shall be submitted to and approved by the Local Planning Authority prior to commencement of development. Unless otherwise agreed, the Stage 2 Masterplan and the reserved matters referred to in condition 3 of this permission should generally conform with the information and details set out in the Masterplan dated 18 November 2008, particularly with regard to: phasing the main site access and emergency site access the internal road network the location of main footpaths and cycle routes the location and general extent of the housing areas the location and general extent of shops, employment floorspace, the retirement village and community facilities the location of greenways and greenspaces REASON To control the implementation of the development.
06. U17230 Development shall not commence on any phase approved under Condition 4 of this permission until details of the following reserved matters of siting, design and external appearance,external materials, means of access and landscaping have been submitted to and approved in writing for that phase by the Local Planning Authority:. Application for approval of all the reserved matter(s) referred to in condition 4 of this permission shall be made before the expiration of ten years from the date of this permission. REASON To control the implementation of the development
07. GD04 Prior to the commencement of the development hereby permitted details of the facilities proposed to cater for disabled visitors, (including access to the building, movement within the building, car parking and the provision of sanitary conveniences), shall be submitted to and approved in writing by the Local Planning Authority. These facilities shall be made available concurrently with the carrying out of the development and thereafter provided at all times. REASON To ensure that adequate facilities are provided for the needs of the disabled.
08. U17231 The roundabout to Bawtry Rd and the access road from Bawtry Rd shall be carried out in accordance with the details on Drawing No 05/352/TR/004/RevG REASON In the interests of road and traffic safety
09. U17232 The access arrangements and street lighting on Warren Lane shall be implemented prior to first occupation of the development in accordance with details to be submitted to and approved by the Local Planning Authority prior to commencement of development REASON In the interests of road and traffic safety
10. U17233 Details of the access roads within the site to be used by public transport shall be submitted to and approved by the Local Planning Authority prior to commencement of development. The roads shall be completed prior to commencement of public transport services on that access road. REASON In the interests of road and traffic safety
11. U17234 Details of the alterations to the Bessacarr Lane railway crossing shall be submitted to and approved by the Local Planning Authority prior to its implementation The development shall subsequently be implemented in accordance with the approved details prior to first occupation of the site. REASON In the interests of pedestrian safety
12. U17235 A Construction Management Plan shall be submitted to and approved by the Local Planning Authority prior to commencement of development. The plan shall be implemented concurrently with the development. REASON In the interests of amenity and road and traffic safety
13. V30D Prior to the commencement of the development hereby granted full details of the proposed landscaping and natural ground treatments shall be submitted to and approved by the Local Planning Authority. These details should include plans and specifications of layout, drainage, soils, grass seed mixes, turfing, tree and/or shrub planting together with proposals for maintenance and other horticultural operations necessary to implement the development and in particular of any area to be retained for indigenous ecological conservation purposes. REASON In order that the Council may be satisfied as to the details of the proposal.
14. V31E Prior to the commencement of the development hereby granted fully detailed drawings shall be submitted to and approved in writing by the Local Planning Authority. These drawings shall show all existing natural features and ecological habitats within the site together with a scheme for their protection and conservation both in the long term and during construction. This permission shall not be implemented, until the above mentioned scheme is agreed by the Local Planning Authority. REASON To ensure that full consideration is given to the conservation of ecological features and natural habitats.
15. V36J Written notice giving the exact date of commencement of any works affecting trees shall be given to the Local Planning Authority at least THREE working days prior to the commencement of the work, excluding weekends and Bank Holidays. REASON To ensure that adequate advance notice of any proposed works to trees on the site is given to the Local Planning Authority. 16. V41P During the construction of the development hereby approved the following activities are prohibited: 1) the stockpiling of building materials under the canopies of the trees on the site 2) the parking or operating of machinery under the tree canopies 3) the movement of traffic over root systems 4) fires within the vicinity of trees 5) chemical spillages (including the rinsing out of cement mixers) under the canopy of trees REASON To ensure that all trees are protected from damage during construction in accordance with British Standards Institute Specification 5837 (1991) and the Local Planning Authority's Code of Practice in Relation to Trees on Development Sites
17. VJ10 Details of all unbuilt areas, boundary walls and fences shall be submitted to and approved by the Local Planning Authority before the development hereby permitted is commenced, and such details as approved shall be completed before the buildings, or any parts thereof are occupied or used. REASON In order that the Council may be satisfied as to the details of the proposal.
18. VR18 Trees and shrubs shall be planted on the site in accordance with a scheme to be approved in writing by the Local Planning Authority prior to commencement of development. This scheme is to provide details of species, siting, planting distances and programme of planting. Planting is to be carried out during the first available season after commencement of development and shall thereafter be maintained to the satisfaction of the Local Planning Authority and in accordance with the Local Planning Authority's document 'Landscape Specification in Relation to Development sites'. Any tree or shrub planted as part of the scheme which is removed or severely damaged or is found to be dying or seriously diseased within five years of planting shall be replaced within the next available planting season with a tree or shrub of a similar size and species to the satisfaction of the Local Planning Authority. REASON To ensure that a landscape/planting scheme is submitted and implemented in the interests of amenity.
19. U17237 Applications for reserved matters shall include the submission of an Arboricultural Method Statement. The Arboricultural Method Statement shall include full details of the following:
The marking out of the access in to the site for construction purposes (to follow the routeing of the final access in to the site) and the marking of the trees for removal; The location and specification of the fencing to protect the retained trees within Warren Wood, Green Busks and Back Wood and their respective buffer zones;
Construction specification of the access and details of installation;
A schedule of works to any trees identified for retention;
Specification of ground protection systems within the Root Protection Area of any tree shown for retention (to include Warren Lane if applicable);
Provision for the bringing of materials and machinery on to the site (to include provision for wide loads and large plant), and position of temporary structures, materials storage areas, skip and refuse areas, car parking and operational space for machinery and delivery;
Timing and phasing of works in relation to the implementation of the proposed access and tree protection measures; to include the setting up of an agreed framework for maintaining appropriate levels of communication between all involved parties;
Provision for qualified arboricultural supervision of the implementation and arboricultural monitoring of tree protection measures;
The Arboricultural Method Statement approved by the LPA shall be implemented in full accordance with the provisions therein.
REASON To minimise tree loss and to prevent damage to trees shown for retention
20. U17238 The design and implementation of the highway 'tie-ins' from the new access through Warren Wood and from Warren Lane shall include cross sections showing topographical changes and shall have arboricultural input REASON To avoid additional tree loss and damage to trees shown for retention
21. U17239 Reserved matters applications shall include the submission of indicative routes for all utilities and shall include details of temporary routeing connected to construction activities. All routeing shall be based on the principle of following the site/final access through Warren Wood and the existing Warren Lane routes and of avoiding the retained woodland blocks of Green Busks and Back Wood and their respective buffer zones REASON To avoid additional tree loss and to minimise damage to trees shown for retention 22. U17240 No development shall take place within 6.0 M of the gas pipelines that cross the site REASON in the interests of health and safety
23. DA01 The development hereby granted shall not be begun until details of the foul, surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development. REASON To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin.
24. U17241 No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage and limitation has been submitted to and approved by the Local Planning Authority. Such a scheme shall use Sustainable Drainage Principles and shall not result in an increase in the rate and/or volume of surface water discharge to the local land drainage system. The drainage works shall be completed in accordance with the details and timetable agreed. REASON To prevent the risk of flooding by ensuring the provision of a satisfactory means of surface water disposal
25. U17242 No infiltration of surface water drainage into the ground shall be permitted other than with the express written consent of the Local Panning Authority REASON To protect the major aquifer beneath the site from pollution
26. U17243 Prior to discharge to any watercourse, surface water sewer, or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor installed in accordance with a scheme previously submitted to and approved by Local Planning Authority. Roof water shall not pass through the interceptor REASON. To prevent pollution of the water environment
27. U17244 Prior to commencement of development details of finished floor levels relative to Ordnance Datum shall be submitted to and approved by the Local Planning Authority. REASON To reduce the risk of flooding 28. U17245 No development approved by this permission shall be commenced until a scheme for the provision of foul water drainage has been submitted to and approved by the Local Planning Authority. The drainage works shall be completed in accordance with the details and timetable agreed. REASON To ensure the provision of a satisfactory means of foul water disposal
29. U17246 No building or other obstruction shall be located within 3 m of the sewer which crosses the site. REASON To protect the sewer
30. U17247 Prior to the submission of any reserved matters application, an archaeological evaluation of the application area shall be undertaken in accordance with a written scheme of investigation that has been submitted to, and approved in writing by, the Local Planning Authority. Drawing upon the results of this field evaluation stage, a mitigation strategy for any further archaeological works and/or preservation in situ shall be agreed in writing and implemented in accordance with the approved strategy. REASON To protect archaeological remains.
31. U17248 No development shall take place in implementation of this permission until the applicant has submitted to and received approval thereto in writing from the local planning authority a report identifying how CO2 emissions from the development will be reduced by at least 10% through the use of on-site renewable energy equipment. The carbon savings, which result from this, will be above and beyond what is required to comply with Part L Building Regulations. Unless otherwise agreed in writing by the local planning authority, the development shall then proceed in accordance with the approved report. Before any dwelling is occupied or sold, the renewable energy equipment shall have been installed and the local planning authority shall be satisfied that the day-to- day operation of the equipment will provide energy for the development as long as the development remains in existence. REASON In the interests of sustainability and to minimize the impact of the development on the effects of climate change.
32. U17249 A protected species mitigation strategy shall be submitted to and approved by the local planning authority prior to commencement of development. The scheme shall provide in particular for the implementation of detailed mitiigation strategies in relation to bats and reptiles. The development shall subsequently be carried out in accordance with the approved scheme. REASON In the interests of the protection of protected species. 33. U17258 Prior to the commencement of the development hereby granted a landscape management plan outlining the ecological and wildlife conservation proposals for the area shall be submitted to and approved in writing by the Local Planning Authority. This shall include full particulars of habitats to be created, retained or enhanced and shall be produced in reference to the Local Biodiversity Action Plan and targets therein. This plan shall include full particulars of a maintenance programme for all landscape, horticultural and forestry operations to be carried out on the site for a period of 5 years. It shall include all aspects of replacement planting and it should be undertaken in accordance with the Authority`s Publication 'Landscape Specification in Relation to Development Sites'. Once approved the developer shall implement the ecological management plan as agreed and shall seek the written approval of the Local Planning Authority to any departures from it. REASON To ensure that full consideration is given to the ecological/wildlife characteristics of the site, and that their respective conservation/enhancement is guaranteed by an appropriate management plan.
34. U17259 Prior to commencement of development a document outlining plans for a hydrological monitoring study of the site shall be submitted to and approved by the Local Planning Authority.The monitoring study shall then be implemented in accordance with the approved study. REASON To protect the ecological character of Back Wood.
35. U17262 The buffer zone to Back Wood shall be a minimum of 15m in width and shall not include any tracks or trails. REASON To protect the ecological character of Back Wood.
36. U17268 No residential unit shall be sited more than 400m walking distance from a bus service. REASON To provide access to public transport.
37. U17269 A detailed employment travel plan for the proposed employment units shall be submitted to and approved by the Local Planning Authority within 3 months of first occupation of the units. The plan should be reviewed, thereafter at a frequency to be agreed with the Local Planning Authority. The development shall be carried out in accordance with the approved scheme. REASON To ensure provision of a travel plan.
38. U17349 A series of bat surveys shall be carried out on all the trees identified with medium to high potential to act as bat roosts in line with BCT guidelines. Prior to the removal of any trees, the results shall be submitted for approval by the Local Planning Authority. REASON In the interests of the protection of bats on site.
01. IQ171 INFORMATIVE The developer shall consider incorporating all possible sustainability features into the design of the proposed development.
02. ICOAL INFORMATIVE The proposed development lies within a coal mining area. In the circumstances Applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to effect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk.
03. IJ101 INFORMATIVE Nothing in this permission shall be construed as authorising the closure, diversion, stopping up, obstruction or other alteration, either in whole or in part, of any public right of way that crosses or adjoins the application site, in order to protect the existing public right of way. For the guidance of the applicant such alteration can only be made by requesting the Council to make a formal specific footpath order.
04. U02827 INFORMATIVE The Environment Agency advises that the surface water drainage from the site needs to meet the following criteria 1 The utilisation OF sustainable drainage tecniques. 2 Outflow from the site should be limited to arate of 1.4l/sec/ha. 3 Surface water drainage should deal with surface water run off from the site up to A 1% Annual Probability of Flooding including a 20% allowance for climate change. 4 Adoption and maintenance of the system should be adressed and stated. Schedule No: 2.
Application No: 08/02670/FUL
Ward Armthorpe Parish Armthorpe Parish Council
Proposal Erection of detached house on approx 0.02ha of land following demolition of existing garage
Location Land Adjacent 1 Southmoor Avenue, Armthorpe, Doncaster, South Yorkshire
Applicant Mr D Hughes
Agent Anthony Snowden
Date of Valid Application: 23rd September 2008
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MAIN POINTS OF REPORT
* The application is being presented to members due to neighbour interest, and the previous history of the site
* The application is for the erection of a detached dwelling and alterations to the existing host dwelling on the site.
* The site is located within an allocated Residential Policy Area, where the applicable Development Plan policies are PH11 - Residential Development and PH13 - Residential Standards. Policy ENV52 - Design of New Buildings is also applicable.
* 3 letters of objection have been received from neighbouring properties, as well as an objection from the Parish Council
* There have been 2 previous refusals for similar development on the site, one of which was appealed against and dismissed by the Planning Inspectorate.
* The proposed development is considered acceptable in terms of its impact upon the character of the surrounding area and living conditions of neighbouring occupiers.
RECOMMENDATION - PLANNING PERMISSION BE GRANTED MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
PH11 - Residential Development PH13 - Residential Standards ENV52 - Design of New Buildings
2. For the following reasons:
It is considered that the proposed development is acceptable in this location, being of an acceptable design and appearance, and would not cause harm to the living conditions and amenities of neighbouring occupiers. In particular the Local Planning Authority is of the view that its accordance with the relevant policies of the Doncaster Unitary Development Plan, taken together with advice in the relevant planning policy guidance, justifies the proposed development in this location
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Introduction
1. This planning application seeks approval for the erection of a new detached dwelling on land currently used as curtilage area serving the host dwelling, a semi-detached property. Alterations to the host dwelling are also proposed as part of the development and this involves the removal of a two storey rear extension.
2. The application is being presented to committee due to neighbour interest, and the previous history of the site.
Site and Surroundings
1. The application site is currently part of the garden area to 1 Southmoor Avenue, a corner plot located at the entrance to the road, positioned at the junction of Southmoor Avenue and Elmwood Crescent. The proposed dwelling would face on to Southmoor Avenue. The predominant building form on Southmoor Avenue consists of two storey semi-detached dwellings on the eastern side of the road, the side of the application site, and bungalows and dormer bungalows on the opposite side of the road.
2. The site is bound by a neighbouring two storey semi-detached dwelling to its southern side (3 Southmoor Avenue), which has an attached single storey garage located hard up to the boundary with the application site. To the east (rear) of the site, are the amenity areas to 24 Elmwood Crescent which is the neighbouring semi-detached property to the host dwelling, and the amenity area to 26 Elmwood Crescent. The site is enclosed by a low wall to the highway boundary, and a mature hedge along the boundary with the neighbouring gardens.
History
1. 05/02873/OUT - Outline application for erection of detached house on approx 0.05ha. This application was refused due to being considered over development of the site, being out of character with the surroundings and having a detrimental impact upon the living conditions of neighbouring occupiers. The decision was appealed against to the Planning Inspectorate, and subsequently dismissed.
2. 07/00689/FUL - Erection of detached dwelling on approx 0.02ha of land following demolition of existing garage - Withdrawn
3. 07/02227/FUL - Erection of detached dwelling on approx 0.02ha of land following demolition of existing garage. This application was refused due to being considered over development of the site, resulting in a harmful impact upon the street scene and amenities of neighbouring occupiers.
Development Plan Allocation
1. The site is located within a Residential Policy Area as defined by the Doncaster Unitary Development Plan 1998. Policies PH11 - Residential Development, PH13 - Residential Standards and ENV52 - Design of New Buildings are considered to be applicable.
2. National policies also relevant to the application are Planning Policy Statement 1: Delivering Sustainable Development and Planning Policy Statement 3: Housing.
Consultation Responses
Armthorpe Parish Council objected to the scheme, on the grounds of over-intensification of the site to the detriment of the residential amenity, and due to a previous proposal being dismissed at appeal.
Highways Development Control raised no objections subject to the imposition of conditions.
Armthorpe Internal Drainage Board raised no objections subject to the imposition of conditions
The Councils Drainage Officer raised no objections subject to the imposition of conditions.
The Environment Agency raised no objections to the scheme
Publicity Responses
1. The application was advertised by means of individual neighbour notification. As a result 3 letters of objection were received from neighbouring properties. 2. The main points of objection raised concern the proximity of the proposed dwelling to its neighbour, the impact upon the privacy of neighbouring dwellings, car parking, and the previous refusals.
Assessment of Proposal
1. The application site is located within the Residential Policy Area, as defined by the Doncaster Unitary Development Plan (1998). The applicable Development Plan policies in this case are Policies PH11 - Residential Development, PH13 - Residential Standards and ENV52 - Design of New Buildings.
Design, Layout and Impact upon the street scene
2. Policy ENV52 of the UDP delas with the design of new buildings. The policy states that new buildings should respect their townscape and landscape setting with layout, siting, form, scale, detailing and materials being appropriate to the character of the surrounding area any adjoining properties. Similarly, Part E of Policy PH13 states that full consideration of other design issues, including layout, privacy, spect and the provision of private and/or communal garden space and parking / garage space will be given to new proposals.
3. The design of the property takes the form of a modest detached two storey dwelling, measuring 5.3m by 7.6m and standing to a height of 7.2m. The dwelling has a standard gable ended roof design, with a projecting two storey gable feature on the front elevation. Despite being a detached unit, in terms of height, massing and roof structure, the proposed dwelling matches up with neighbouring properties on this side of Southmoor Avenue. Its careful design and size, recognizing the appearance of neighbours, mitigates for the fact that the proposed dwelling is detached rather than a semi. Given its position close to the end of the road rather than in the middle of a row of houses, it is considered that this difference in form is acceptable.The property retains a separation distance of 1m to the southern boundary with the neighbouring dwelling. Although close, this property has a single storey garage against the boundary rather than being a full tow storey gable end, and so it is considered there will be no "terracing" effect. A condition to ensure that external materials are subject to approval will ensure that the dwelling will not appear out of place within the street scene.
4. The proposed development site has been slightly altered since the previous refusal, and now allows the dwelling a more generous and regular private amenity space. The rear garden is 10m deep at its longest point and 8m wide. This is considered to be ample for a two bedroom property, and is consistent with the garden space for neighbouring properties on this side of Southmoor Avenue. The division of the plot, together with the proposed demolition of the existing poor two storey flat roof extension also allows for a still generous amount of private garden area for this dwelling also.
5. A new garage on the northern site boundary is also proposed, and the site is considered to have ample parking space for a unit of this size. No objections to the scheme have been received from the Highwyas Development Control Officer.
Impact Upon Neighbouring Properties 6. Objections have been received from the property immediately to the south of the application site, the property which is partly to the rear of the site, and a further dwelling at the other end of Southmoor Avenue.
7. In terms of overlooking, the proposed dwelling is considered to be acceptable. The property to the rear of the site on Elmwood Crescent is not directly behind the proposed dwelling, and the rear garden of that property is currently overlooked by the rear elevations of no.'s 3 and 5 Southmoor Avenue. Whilst parts of the rear garden to this property may be visible from the new dwelling, it is not considered to be to a level to warrant refusal, and not untypical for a built up residential area such as this.
8. The neighbouring property to the southern side of the site has raised objections that the new property will be just 1 metre from their side boundary. However the closest part of that property to the application site is an attached garage, rather than habitable rooms. As such this alone does not constitute an unacceptable level of harm to the amenities of that property. The new dwelling does not have any windows directly overlooking this site either.
9. One of the main concerns within the previous refusal on the site was the proximity of the rear elevation of the host dwelling to the proposed property, and the impact upon the living conditions of that house. In order to overcome this concern, the proposed dwelling takes up a smaller footprint than that previously proposed, and the rather poor two storey extension on the rear elevation of the host dwelling has been proposed to be removed. This combination of factors allows for a greater separation between the dwellings, which is not considered to be overbearing upon the occupiers of 1 Southmoor Avenue. The loss of the two storey extension represents an improvement in the appearance of that property, and returns the dwelling to its original size. The single storey garage proposed on the northern boundary of the application site will shield the private amenity space of the new dwelling from possible overlooking from the host dwelling or its attached neighbour.
Summary
10. On the basis of the above, the development is deemed to be acceptable, in terms of its impact upon the street scene and living conditions of neighbouring occupiers It is considered that the scheme represents an improvement over those previously submitted, overcoming concerns which led to those applications being refused. As such the proposal is accordingly recommended for approval.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES 01. SB021 The development to which this permission relates must be begun not later than the expiration of three years beginning with date of this permission. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.
02. VK11A Before the development commences, samples of the proposed external materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials. REASON To ensure the satisfactory appearance of the development.
03. HC03 Concurrently with the carrying out of the development a crossing over the footpath/verge shall be constructed to the satisfaction of the Local Planning Authority and shall be completed before the development is brought into use. REASON To avoid damage to the verge.
04. HM13 Before the development is brought into use that part of the site to be used by vehicles shall be properly laid out, drained, surfaced/sealed and or marked out in a manner to be approved by the Local Planning Authority and shall thereafter be maintained in a condition to the reasonable satisfaction of the Local Planning Authority. REASON To encourage drivers to make use of the parking space and ensure that the use of land for this purpose will not give rise to mud hazards at entrance/exit points in the interests of public safety.
05. H37I Before the development is brought into use the existing hedge/wall abutting the highway shall be reduced to a height not exceeding 900mm above the near side channel line of the adjoining highways and/or entrances and the visibility thus provided shall be maintained. REASON In the interests of road safety and to provide and maintain adequate visibility.
06. U17302 The existing redundant vehicular access shall be permantly closed and the kerb reinstated to the satisfaction of the Highway Authority. REASON In the interests of highway safety
07. U17303 The development hereby granted shall be carried out in complete accordance with the details shown on the amended plans referenced and dated as follows:23 002 01 dated 7th November 2008. REASON To ensure that the development is carried out in accordance with the application as approved. 08. U17304 Prior to construction of the new dwelling, the proposed alterations to the host dwelling (no.1 Southmoor Avenue) shall be completed in full. REASON In the interests of visual and residential amenity
01. IQ171 INFORMATIVE The developer shall consider incorporating all possible sustainability features into the design of the proposed development.
02. ICOAL INFORMATIVE The proposed development lies within a coal mining area. In the circumstances Applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to effect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk. Schedule No: 3.
Application No: 08/02876/COU
Ward Rossington Parish Rossington Parish Council
Proposal Change of use from garage (Sui Generis) to hand car wash and valeting services (Sui Generis) for a temporary period
Location Former Rossington Motors Ltd, Station Road, Rossington, Doncaster
Applicant Hamadamin And Aslam
Agent J M Hunt
Date of Valid Application: 6th October 2008
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MAIN POINTS OF REPORT
* This application is being presented to committee due to significant public interest.
* The site is located within Residential Policy Area as such the relevant planning policy is PH12. It is considered that the retention may have implications upon highway safety and as such Policy T5 is applicable.
* 13 Letters of Objection have been received regarding Traffic congestion, road safety and the proposal being out of character with the surrounding area.
* The proposed development is considered to be acceptable. The scheme is for a temporary period of two years. It is not considered to be of major harm to area or to amenities of nearby residents by virtue of its previous use. The scheme is acceptable on highways grounds. The development is therefore recommended for approval.
RECOMMENDATION - PLANNING PERMISSION BE GRANTED
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :- 1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
Adopted Unitary Development Plan:
PH12 Non-residential uses within residential Policy Area. T 5 New development and traffic generation ENV34 Proposals affecting the setting of a listed building
2. For the following reasons:
Having taken into account all the material planning considerations including those raised in the representations and consultation responses, against the policy background referred to, it has been concluded that the proposal is acceptable subject to the requirements of planning conditions.
The Local Planning Authority is satisfied that the temporary use of the car wash would not significantly harm the surrounding area given the previous use as a garage and associated car wash. The appellants have resolved issues regarding drainage and traffic congestion. The proposal is considered acceptable subject to appropriate requirements and safeguards as set out in the planning conditions.
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Introduction
1. This application is for the change of use from a garage (Sui Generis) to a hand car wash and valeting services (Sui Generis) for a temporary period of 2 years.
2. The site consists of a Listed Building, which the applicant has indicated that it will not be used as part of the application.
3. The site has the potential to accommodate 9 car parking spaces.
4. The application has arisen due to a recent Enforcement case. A complaint was received by the Enforcement Team in relation to a hand car wash business being undertaken at the site. Upon inspection an Enforcement Officer found that the site was being advertised as a hand car wash. It was deemed necessary to serve a Temporary Stop Notice on the land to cease works and obtain a planning application which could control the land by way of condition. The Temporary Stop Notice was valid for 28 days and gave the opportunity for the LPA to ascertain the intentions of the landowner in respect of the use of the land. An application was submitted on the 6th of October 2008.
Site and Surroundings 1. The site is roughly rectangular in shape and is located adjacent to Station Road approximately 105 meters east of the railway line.
2. The site is relatively flat with a slight slope towards the rear. The site is currently vacant however signage in relation to the car wash is still evident. Located centrally is a Grade II Listed Building. The surfaced area is primarily tarmaced with a concrete area to the rear.
3. A 2m high wooden fence is situated along the northern and eastern boundary. Access is gained via the southern boundary, which faces onto Station Road.
4. To the south of the site are residential properties that are predominantly single storey detached bungalows.
5. To the West lies a new housing development currently under construction that was recently granted planning permission for the erection of 12 dwellings
History
1. 04/1436/P: Conversion of existing garage to dwelling and erection of 4 no. flats and 2 no. dwellings on approx. 0.1 ha of land. Granted by committee on the 17.08.2004
2. 06/02945/FUL: Erection of residential development comprising 4 town houses, 2 2 1/2 storey semi-detached dwellings and conversion of existing listed building to form a further two semi detached dwellings all on approx 0.15 ha of land following demolition of existing dwelling (known as Bonavon) and petrol filling station. Delegated and Granted 04.04.2007.
3. 07/03644/COU: Change of use of former service station (Suis Generis) to dwelling (Class C3), delegated and Granted 01.05.2008.
4. Directly adjacent to the site lies a current development for the erection of 12 dwellings on approximately 0.35Ha of land reference 00/2151, granted on 21.02.2001 by committee
Development Plan Allocation
1. The site is located within the Residential policy area as defined by the Doncaster Unitary Development Plan 1998, and as such the proposal should be assessed against Policy PH12 (Non residential uses within Residential Policy Area).
Consultation Responses
Development Control Highways - Do not object to the proposal in principle.
Urban Renaissance Design and Conservation - From a conservation viewpoint the change of use would not be opposed if it did not affect the special interest of the listed building or its setting. It is accepted that the security of the building is important particularly if left vacant. If the building is to be boarded on a temporary basis, the boarding should fit the profile of the window, which would be more secure than the present arrangement, and be black painted. In addition, if the building is boarded up for any length of time any boarding needs to take into account ventilating the inside to avoid problems of damp and wet rot. The unauthorised boarding should be replaced with more secure and appropriate boarding subject to Listed Building Consent and the applicant should contact the Council's Conservation Officer to discuss this.
Directorate Of Neighbourhood Services - no objections to the proposal.
Rossington Parish Council - no objection providing there is no significant infringement on visual amenity.
Environment Agency - no objections to the proposal subject to mitigated conditions
Publicity Responses
1. The application has been advertised by way of site notices, and individual notification letters were sent to 12 local addresses.
2. 13 representations have been received; regarding the following objections:
* Increase in vans, lorries, and cars * Not in keeping with the surrounding area * Will increase risk to road users * Adding to congestion * Increase in noise * Unsustainable development in that it creates unnecessary car journeys * Detracts from the historic nature of the area * Loss of Privacy * Out of character * Noise Problems
Assessment of Proposal
Background
1. The site has recently seen permission for the erection of residential development comprising 4 town houses, 2 2 1/2 storey semi-detached dwellings and conversion of existing listed building to form a further two semi detached dwellings all on approx 0.15 ha of land following demolition of existing dwelling (known as Bonavon) and petrol filling station. It is the opinion of the Local Planning Authority that this permission has not been implemented and thus the proposal is for the change of use from garage (Sui Generis) to hand car wash and valeting services (Sui Generis) for a temporary period. The agent acting for the appellant has confirmed that the Listed building is not to be used in the current proposal, consequently any changes to the Listed building would require the necessary Listed Building Consent and may require a separate planning permission. Main Issues
2. The main issues for Members to consider are the possible impact on surrounding properties, being mindful of the previous use as a garage that encorporated a car wash upon the premises.
3. Secondly the buildings impact on the wider highway network in terms of the whether the change of use would adversely alter the character of the area, have an increasing impact on the amenity of the occupants of nearby dwellings, adversely affect the setting of the Listed Building or create any road safety or drainage problems.
Effect on setting of Listed Buildings
4. This site consists of a Grade II Listed Building. The appellant has confirmed that the Listed Building will not be utilised as part of the proposed use and the applicant has been made aware that due to the Listed status of the building, minor internal alterations may need Listed Building consent.
5. Policy ENV34 states that planning permission will not normally be granted for development which would adversely affect the setting of the a listed building, by nature of height, form, scale, materials or design. As the Listed Building is not to be utilised and that the proposed use is not considered to differ extensively from the previous use as a garage with associated car wash it is considered that there will be no detrimental impact on the listed building.
Highways
6. Policy T5 relates to highway safety and states that the Borough Council will seek to ensure that any proposals for new development are located where the traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion or amenity. No objections in principle have been raised by Highways Development Control. The proposal offers a large turning/parking area within the site, which is considered to be sufficient. As stated previously, the site can accommodate 9 parking spaces to the rear of the site and a further 6 awaiting the cleaning service and 4 receiving the cleaning service, alleviating any congestion problems that are sometimes associated with such a use. The proposal is therefore, considered to be in accordance with policy T5 of the Doncaster Unitary Development Plan, adopted in 1998 as it would not result in any impact on the wider highway network or any localised road safety issues.
Drainage and Flood Risk
7. The application site is not located within a Flood Zone. The application seeks to utilise the existing drainage system used on site, and by the previous garage use. The proposals layout plan shows manholes throughout the site and a gully located towards the front of the site to stop any surface water leaving the site, creating a hazard to road users. Residential Amenity and Character
8. Policy PH12 relates to establishments or extensions of non-residential uses. It states that within Residential Policy Areas the establishment or extension of non residential uses of appropriate scale will be permitted provided the use would not cause unacceptable loss of residential amenity through, for example, excessive traffic, noise, fumes, smells or unsightliness. It is considered that the proposal would not significantly add to congestion problems due to the large site area providing an adequate turning area that will allow for traffic to move easily in and out of the site. Concerns have been raised that the current signage on the site results in clutter that adversely affects the visual amenity of the site. Adverts are dealt with under separate legislation and cannot therefore be considered under this application.
9. Concerns have also been raised by local residents that the change of use would result in unreasonable increase in noise levels. It is considered that because the hours of operation have been conditioned the proposal will not result in an unreasonable noise impact.
10. The proposal is therefore considered to comply with Policy PH12 in that the scale of the non-residential use would not cause unacceptable loss of residential amenity to the nearby residents.
Summary
In summary, the proposed development is considered acceptable. It is of a similar scale, form and design to the previous use of a garage. The proposed access is not considered to be significantly harmful to the character of area or the amenities of occupiers of neighbouring properties. The proposal is therefore, recommended for approval, subject to conditions.
It is further noted that the temporary nature of the proposal would mean that any affect the proposal would have would be generated on a temporary basis of 2 years and reassessed at the point the permission lapses.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES
01. U17163 The permission hereby granted shall expire on 09.12.2010. On the expiry of the permission the use of the site and/or premises hereby permitted shall cease, and the site and/or premises shall revert to the previous use. REASON To restrict the period in which the permission may be implemented as the site is not considered suitable for the use proposed on a long term basis.
02. U16880 The hours of opening shall be limited to: Mondays to Saturdays inclusive 0900 to 1700 hrs and 1000 to 1600 hrs Sunday and Bank Holidays REASON To ensure that the development does not prejudice the local amenity.
03. HM13 Before the development is brought into use that part of the site to be used by vehicles shall be properly laid out, drained, surfaced/sealed and or marked out in a manner to be approved by the Local Planning Authority and shall thereafter be maintained in a condition to the reasonable satisfaction of the Local Planning Authority. REASON To encourage drivers to make use of the parking space and ensure that the use of land for this purpose will not give rise to mud hazards at entrance/exit points in the interests of public safety.
04. U17168 The development herby permitted shall not be commenced until such time as a scheme to dispose of foul and surface water has been submitted to and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved. REASON To prevent pollution of water environment in this sensitive Grade 2 Source Protection Zone area by any oils, petrols and detergents present within wash waters draining from the site.
05. U17171 Prior to commencement of the development, details of the methods of disposal, for both surface water and foul drainage, shall be submitted to and agreed in writing by the Local Planning Authority. The developer shall be aware that the preferred option would be for Sustainable Drainage Systems, should this not be proposed, a detailed explanation of any alternative option shall be submitted along with reasons for rejecting a Sustainable Drainage System. REASON To ensure that the site is adequately drained in a sustainable manner
06. U17286 Any works necessary to carry out any part of the development hereby granted shall only be permitted between the following hours: Monday to Friday inclusive 0800 - 1800 Saturday 0800 - 1300 and not at all on Sundays and Public and or Bank Holidays. Such works shall include deliveries to and from the site (including deliveries by outside contractors or suppliers); any construction (including internal works ie decorating, joinery, plumbing); demolition; highway and drainage works; erection and dismantling of scaffolding; site preparation/ excavations and any related off site works in the vicinity of the site. REASON For the avoidance of doubt and in the interests of protecting the amenity of existing residents in the vicinity of the site. 07. U17287 All plant, machinery and other equipment used for the construction of development hereby granted shall be designed, maintained and operated so as to minimise any likely noise and vibration emissions. REASON To safeguard the amenities of adjoining premises.
08. U17288 All plant and machinery shall be enclosed with sound proofing material in accordance with a scheme to be agreed with the Local Planning Authority, prior to commencement of the use of the site to which this application relates and shall thereafter be maintained to the satisfaction of the Local Planning Authority. REASON To ensure that the development does not prejudice the local amenity. Schedule No: 4.
Application No: 08/02869/FULFT
Ward Edlington And Parish Warmsworth Parish Warmsworth Council
Proposal Erection of part 2 storey part single storey pitched roof extension to rear of semi detached house following demolition of existing extension.
Location 9 Badsworth Road, Warmsworth, Doncaster, South Yorkshire
Applicant Mr Moffat
Agent Chris Beckett
Date of Valid Application: 6th October 2008
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MAIN POINTS OF REPORT
* The application is being presented to Committee due to significant public interest.
* The proposal is to erect a part two storey/part single storey pitched roof extension to the rear of a semi-detached house, following demolition of the existing extension.
* The site falls within the Residential Policy Area of the Doncaster Unitary Development Plan 1998.
* There are no constraints which affect the site.
* No objections have been received from Highways Development Control.
* Comments have been received from the Parish Council stating that they do not have any observations as such to the application. However, they would like to make Members aware of the strong feelings of the neighbouring residents who are opposed to the development.
* Six letters of objection have been received from interested parties regarding noise/pollution, overlooking, vehicle/traffic/highway issues, the size and scale of the proposal, overshadowing/loss of sunlight, the value of adjoining properties, over dominance of the proposal, damage to neighbouring properties, the existence of a Walnut tree, medical considerations, drainage and anti-social behaviour issues. * The size and design of the proposal accords with the Council's adopted Supplementary Planning Guidance (SPG) Extensions to Domestic dwellings. The Domestic SPG was adopted on the 20th July 2004 and Policy ENV 54 of the Doncaster Unitary Development Plan is also relevant.
RECOMMENDATION - PLANNING PERMISSION TO BE GRANTED.
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
ENV 54 - Alterations and Extensions.
2. For the following reasons:
Having taken into account all the planning considerations raised, against the policy background referred to above, it has been concluded that the proposed development is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the adopted Doncaster Unitary Development Plan 1998, taken together with advice in the relevant national planning policy guidance, justifies residential development in this location on the scale proposed.
It is considered that the design of the proposed development is appropriate to its setting and would safeguard the living conditions of neighbouring residents having regard to light, privacy, noise and disturbance arising from construction activity, and outlook, in so far as such matters can be regarded as material planning considerations and subject to mitigation by the attached planning conditions.
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Introduction
1. This application seeks permission to erect a part two storey/part single storey pitched roof extension to the rear of a semi-detached house, following demolition of the existing extension. This application is presented to Committee due to the significant public interest.
Site and Surroundings
1. The property is a semi-detached house set within an established residential area. The external appearance of the dwelling is brickwork with concrete double roman roof tiles on an apex style roof. The property has a detached pitch roof garage located to the rear. The property is surrounded on both sides by properties of similar proportions, design and age. History
1. No planning related history for the site.
Development Plan Allocation
1. The site falls within the Residential Policy Area as defined by the Doncaster Unitary Development Plan 1998. The relevant policy regarding the proposal is ENV 54 - Alterations and Extensions to existing dwellings.
2. The adopted Supplementary Planning Guidance (SPG) Extensions to Domestic Dwellings is also appropriate.
Consultation Responses
1. No objections have been received from Highways Development Control.
2. Comments have been received from the Parish Council stating that they do not have any observations as such to the application. However, they would like to bring to Members' attention the strong feelings of the neighbouring residents who are opposed to the development. This was expressed during the public section of the Parish Council meeting, which was held on the 20th October 2008.
3. An informative has been received from the Pollution Control Officer (as per below).
Publicity Responses
1. Six letters of objection have been received from interested parties following publication of the application. The main concerns being noise/pollution, overlooking, vehicle/traffic/highway issues, the size and scale of the proposal, overshadowing/loss of sunlight, the value of adjoining properties, over dominance of the proposal, damage to neighbouring properties, the existence of a Walnut tree, medical considerations, drainage and anti-social behaviour issues.
Assessment of Proposal
1. This application seeks planning permission to erect a part two storey/part single storey extension to the rear of the semi-detached house. The proposal fully accords with the Council's adopted Supplementary Planning Guidance (Extensions to Domestic Dwellings), which was adopted on the 20th July 2004, in that the extension is subservient to the main dwelling house and represents no detrimental impact upon the character and appearance of the street scene, as the proposal is to the rear of the dwelling house and does not result in any unreasonable impact upon the living conditions of the occupants of the neighbouring dwelling houses.
2. The proposed rear extension is part two storey and part single storey. No part of the proposal would be significantly visible from the public highway. It is considered that the proposal is acceptable in terms of size, scale and design and the application fully complies with Policy ENV 54 - Alterations and Extensions to Domestic dwellings and the Supplementary Planning Guidance (SPG). The objections raised are addressed as per the following points:
Size and scale of the proposal.
3. The size and scale of the proposal fully accords with the adopted Domestic SPG and Policy ENV 54 - Alterations and Extensions to Existing Dwellings. The single storey element of the proposal is stepped in from the common boundary by 1.2m, the same distance which this element projects further rearwards.
Vehicle/traffic/highway issues.
4. Highways Development Control have raised no objections to the proposed development and the existing vehicle parking facilities to the front of the property remain unchanged, as such it is considered there will be no impact upon highway/pedestrian safety.
Over dominance/overshadowing/loss of sunlight.
5. It is considered that the proposal would not over dominate, overshadow or cause a significant loss of sunlight to the neighbouring properties to warrant refusal of the application. This is viewed as being the case, as the size of development proposed is well within the limits of the generally accepted amount of development for a semi-detached house and due to its size the proposal fully complies with our Supplementary Planning Guidance (SPG).
The Trees.
6. The existence of the Walnut tree has been noted, especially when undertaking the site visit and the fact that the agent/applicant may have completed the tree section of the application form incorrectly has also been noted. However, again this is not a material planning consideration and therefore this particular point does not carry any planning weight, nor is this point alone a sufficient ground to refuse the application.
Overlooking.
7. The first floor side elevation bathroom window is recommended to be conditioned to be obscure glazed to protect the privacy of the occupants of the household and to ensure the privacy of the non-attached neighbouring property (number 7). In addition to this, planning conditions controlling materials are also recommended to ensure that the extension reflects the finishes of the original dwelling, should Members resolve to grant planning permission.
8. Whilst the comments made by the interested third parties have been noted, it is judged that there are no reasons to refuse planning permission, which could be supported at appeal, bearing in mind that the proposal complies with the Council's adopted guidance for Extensions to Dwellings and to the relevant Development Plan Policy ENV 54 of the Doncaster Unitary Development Plan 1998.
9. Taking account of all of the above, it is considered that the proposed extension is acceptable and would not unreasonably impact on the living conditions of the occupants of the nearby dwelling houses and as such is recommended accordingly. The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES
01. SB021 The development to which this permission relates must be begun not later than the expiration of three years beginning with date of this permission. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.
02. VC03 The external material and finishes shall match the existing property. REASON In the interest of visual amenity.
03. PI09 No additional windows shall be created or other alterations made to the dwelling and/or extension hereby permitted without the prior permission of the Local Planning Authority. REASON To ensure that the matters referred to can be the subject of further consideration by the Local Planning Authority in the interests of amenity.
04. C28B1 Concurrently with the carrying out of the development, the windows as indicated on the approved plan shall be permanently obscure glazed to an equivalent of Pilkington textured glass level three or above, unless otherwise agreed in writing by the Local Planning Authority. REASON In the interests of the privacy of the adjacent property.
01. U02796 INFORMATIVE The applicant should be made aware that under the Contaminated Land Regime Doncaster Council has the statutory duty to inspect and determine “contaminated land” within its borough and under this regime land owners/developers/occupiers of “contaminated land” could face liability for remediation at a later date. Historic maps show that the above application is located on a previous lime kiln. Therefore concern exists that contaminants may remain and it is recommended that caution is taken during any excavation works. Should any unexpected contamination surface it should be reported to the local planning authority.