DONCASTER METROPOLITAN BOROUGH COUNCIL

PLANNING COMMITTEE – 31st May 2016

Application 5

Application 16/00680/OUT Application 26th April 2016 Number: Expiry Date: Extension of time to 30.06.16

Application Outline Application Type:

Proposal Outline application for 1 single storey dwelling with associated shared Description: access on approx. 0.1ha of land (All matters reserved)

At: Land To Rear Of Woodbine Cottage High Street Norton Doncaster

For: Mrs Bernice Fitchett

Third Party Reps: 9 representations Parish: Norton Parish Council from 5 households Ward: Norton And Askern

Author of Report Hannah Wilson

MAIN RECOMMENDATION: GRANT

1.0 Reason for Report

1.1 This application is being presented to planning committee due to a significant level of interest shown in the application.

2.0 Proposal and Background

2.1 The application is for an outline planning permission with all matters reserved for the erection of 1 single storey dwelling with associated shared access on approx. 0.1ha of land. The application has been amended to indicatively show that a dwelling could fit on the site. The site is currently the rear garden of Woodbine Cottage.

2.2 The site lies at the heart of Norton. It is bounded by residential properties and the land rises to the rear of the site.

3.0 Relevant Planning History

3.1 The site has had no recent relevant planning history.

4.0 Representations

4.1 The application was advertised by means of site notice and neighbour letters. Originally10 representations were received from 7 households.

4.2 One of these objections has been withdrawn following the revised scheme showing and describing 1 bungalow on the site. They were concerned that there would be multiple high rise buildings. Thus this now amounts to 9 representations from 5 households.

4.3 One of these representations is to simply state that they have no objection to a bungalow.

4.4 The objectors concerns are summarised below:

 Feel there would be a loss of privacy and overlooking due to the land levels  Noise and disturbance from a new dwelling  Harm to trees  Highway and pedestrian safety concerns with the proposed access  Feel that the proposal would harm character and visual beauty of the plot  Feel this is garden grabbing and development has happened elsewhere nearby that has altered the density and beauty of the area  Concerns over the location of the building (all matters are reserved thus this would not be the final location)  Concerns over none material planning matters that are covered by separate law including: right to light, right to a view.

5.0 Parish Council

5.1 No objections subject to matching materials sympathetic to the village.

6.0 Relevant Consultations

6.1 Coal Authority: standing advice area

6.2 Pollution Control: No objection subject to conditions

6.3 Trees: Had concerns that the proposal did not show that a dwelling could fit on the site and consider the trees root protection area. However this has been amended and the tree protection shown on the plan and the tree officer now has no objections.

6.4 Internal Drainage: No objections subject to conditions.

6.5 Area Manager: Received concerns from Councillor White that he feels that there is a difficult and dangerous access on to High Street, Norton. Also overdevelopment of the site.

6.6 Highways: Providing the access is 5m in width for 10m into the site and the donor property and the proposed dwelling both have a minimum of 2 parking spaces each and are able to turn within the site, then no objections subject to conditions.

7.0 Relevant Policy and Strategic Context

7.1 Saved Doncaster Unitary Development Plan (UDP)

The land is allocated as Residential Policy Area.

PH11: Residential Policy Area ENV59: Tree Protection

Policy PH11 indicates that dwellings will appropriate in principle in these areas. The development should not be of a density or form detrimental to the area, or result in an over intensive development. The development should not detrimentally harm neighbouring amenity. Finally the proposal should not result in the loss of social, community and recreational or other local facilities for which there is a demonstrated need.

Policy ENV59 aims to protect trees from harmful development.

7.2 Doncaster Council Core Strategy

CS14 - Design and Sustainable Development CS16 - Valuing our Natural Environment

Policy CS14 sets out that development should be in keeping with the character of the area and not harm highway safety or the highway network.

Furthermore policy CS16 ensures that the ecology is protected and that protected trees are not harmed.

7.3 National Planning Policy Statement (NPPF)

Section 7 - Requiring good design Section 11- Conserving and enhancing the natural environment

National Policy is now in the form of the National Planning Policy Framework (NPPF). This came into effect on the 27th of March 2012. The NPPF sets out the Governments planning policies and are a material consideration in planning decisions. The NPPF replaces all PPS's/PPG's and constitutes guidance for local planning authorities and decision takers. The NPPF does not change the statutory status of the development plan as the starting point in decision making, however, at the heart of the NPPF is a 'presumption in favour of sustainable development'.

7.4 Supplementary Planning Document (SPD): 1. Development Guidance and Requirements 2. Residential Backland and Infill Development

These offer advice on separation distances, amenity area sizes and impact of trees on development and vice versa.

8.0 Planning Issues and Discussion

8.1 The principle of a dwelling on this site is acceptable given the site lies within the village envelope on land allocated as Residential Policy Area in the UDP. Matters such as design, siting, landscape are all matters reserved for further consideration under a reserved matters application. Following the sites acceptability in principle further consideration needs to be given to the trees and ecological value of the site, nearby residential amenity, the areas character and the impact on highway safety and amenity. Each subject is discussed below.

Trees and Ecology

8.2 Whilst the proposal is outline only, consideration needs to be given to any existing trees within the site and the Local Planning Authority must be satisfied that a dwelling can actually fit on the site. There is a tree to the north-west corner of the site which should be retained an protected from the sites development. To protect this tree, the applicant indicated where a dwelling could go on the site to show that it is possible to place a dwelling on there without causing harm to the tree. This is only indicative, as layout is not agreed at this stage but the plan clearly shows a reasonable sized dwelling can fit on the site leaving sufficient space between that and the tree ensuring its long term protection.

8.3 The tree also has the potential to cause overshadowing of the current plot. The design of the proposal is not considered at this stage, but at reserved matters stage the window and room orientation would need to be carefully considered to maximise space away from the overshadowing of the tree.

Residential Amenity

8.4 Amenity must be considered both for the proposed occupants of the development and the neighbouring amenity. This is outline thus the location of the building, scale and design (i.e. window orientation) is not considered at this stage. However to ensure that residential development could work on the site it was felt that the numbers and height had to be considered.

8.5 Concerns were raised in regard to the land levels, overlooking and overshadowing to neighbouring amenity. Therefore considering this it is felt that only a single storey dwelling would work on this site and that there is only enough room for one dwelling to respect neighbouring amenity. The red line of the site has also been amended to ensure that host property keeps adequate amenity space.

8.6 Thus the applicant agreed to change the description to include the details of 1 dwelling and that it must be single storey. A condition is also reasonable on an outline application if it is felt that the development would not be acceptable in any other form. Thus a condition has been imposed to limit the development to one single storey dwelling.

Character

8.7 There are properties set further back from the streetscene in this area thus it is not felt that there is an overriding linear character to be protected and the garden development will not be out of keeping with the neighbouring density. The proposal could also be set to the side so that it is not directly seen at the bottom of the access road and could be screened more by the frontage property. Again this would be covered at reserved matters stage but we are confident that there are possibilities for the layout to not cause significant harm to the character of the area.

Highways

8.8 Access is not considered at outline stage as it is a reserved matter. However the highways officer feels it is possible and there is room for a 5m wide access and parking for both properties on the site, subject to condition.

9.0 Summary and Conclusion

9.1 In conclusion, it is felt that the site can accommodate one single storey dwelling without causing significant harm to neighbouring amenity, highway safety, or surrounding trees. The proposal for residential development on this site is not out of keeping with the surrounding pattern of development and would not cause visual harm to the character of the area. Thus the proposal at outline stage is recommended for approval subject to a further reserved matters application. Outline applications must have conditions imposed at this stage for any matters that may need to be conditioned and thus conditions have been imposed for highways, trees, materials, boundary treatment, pollution control and drainage.

10.0 Recommendation

10.1 Planning Permission to be Granted subject to the following conditions.

01. STAT2 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 (as amended) of the Town and Country Planning Act 1990.

02. STAT3 In the case of the reserved matters, application for approval must be made not later than the expiration of three years beginning with the date of this permission. REASON Condition required to be imposed by Section 92(as amended) of the Town and Country Planning Act 1990.

03. STAT4 Approval of the details of the access, layout, scale, appearance 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 To enable the local planning authority to control the development in detail and to comply with Section 92 (as amended) of the Town and Country Planning Act 1990.

04. MAT1A Prior to the commencement of the relevant works, details 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 that the materials are appropriate to the area in accordance with policy CS14 of the Doncaster Core Strategy.

05. CON1 No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being accepted and approved by the Local Planning Authority (LPA), unless otherwise approved in writing with the LPA.

a) The Phase I desktop study, site walkover and initial assessment must be submitted to the LPA for approval. Potential risks to human health, property (existing or proposed) including buildings, livestock, pets, crops, woodland, service lines and pipes, adjoining ground, groundwater, surface water, ecological systems, archaeological sites and ancient monuments must be considered. The Phase 1 shall include a full site history, details of a site walkover and initial risk assessment. The Phase 1 shall propose further Phase 2 site investigation and risk assessment works, if appropriate, based on the relevant information discovered during the initial Phase 1 assessment.

b) The Phase 2 site investigation and risk assessment, if appropriate, must be approved by the LPA prior to investigations commencing on site. The Phase 2 investigation shall include relevant soil, soil gas, surface and groundwater sampling and shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a quality assured sampling and analysis methodology and current best practice. All the investigative works and sampling on site, together with the results of analysis, and risk assessment to any receptors shall be submitted to the LPA for approval.

c) If as a consequence of the Phase 2 Site investigation a Phase 3 remediation report is required, then this shall be approved by the LPA prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation.

d) The approved Phase 3 remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The LPA must be given two weeks written notification of commencement of the remediation scheme works. If during the works, contamination is encountered which has not previously been identified, then all associated works shall cease until the additional contamination is fully assessed and an appropriate remediation scheme approved by the LPA.

e) Upon completion of the Phase 3 works, a Phase 4 verification report shall be submitted to and approved by the LPA. The verification report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post- remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the verification report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all verification data has been approved by the LPA. REASON To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to guidance set out in the National Planning Policy Framework. This is required prior to commencement to ensure that the necessary mitigation measures can be put in place should any contamination be found.

06. CON2 Should any unexpected significant contamination be encountered during development, all associated works shall cease and the Local Planning Authority (LPA) be notified in writing immediately. A Phase 3 remediation and Phase 4 verification report shall be submitted to the LPA for approval. The associated works shall not re-commence until the reports have been approved by the LPA. REASON To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to guidance set out in the National Planning Policy Framework.

07. CON3 Any soil or soil forming materials brought to site for use in garden areas, soft landscaping, filing and level raising shall be tested for contamination and suitability for use on site. Proposals for contamination testing including testing schedules, sampling frequencies and allowable contaminant concentrations (as determined by appropriate risk assessment) and source material information shall be submitted to and be approved in writing by the LPA prior to any soil or soil forming materials being brought onto site. The approved contamination testing shall then be carried out and verification evidence submitted to and approved in writing by the LPA prior to any soil and soil forming material being brought on to site. REASON To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to guidance set out in the National Planning Policy Framework.

08. 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.

09. U46628 Notwithstanding the illustrative layout hereby approved, the layout of the proposed development shall be based on the principle of ensuring realistic long-term retention of all sound and healthy trees within and overhanging the site. The siting of any proposed building, carriageway, path, wall, service run, and built or excavated earthwork shall be based on a tree survey commissioned in accordance with British Standard 5837: 2012 Trees in Relation to Design, Demolition and Construction - Recommendations and shall give full regard to the root protection area, shading potential and future growth of each tree and the aspect and topography of the site. REASON: To ensure that appropriate trees are retained and given due consideration in site planning in compliance with core strategy policy CS16: Valuing our Natural Environment.

10. U46629 Prior to the commencement of development a scheme for the protection of all retained trees that complies with section 6.2 of British Standard 5837: 2012 Trees in Relation to Design, Demolition and Construction - Recommendations shall be submitted to and approved in writing by the Local Planning Authority. Tree protection shall be implemented on site in accordance with the approved details and the local planning authority notified of implementation to approve the setting out of the tree protection scheme before any equipment, machinery or materials have been brought on to site for the purposes of the development. Thereafter, all tree protection shall be maintained in full accordance with the approved details until all equipment, machinery and surplus materials have been removed from the site, unless the local planning authority gives its written approval to any variation. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority. REASON: To ensure that all trees are protected from damage during construction in accordance with core strategy policy CS16: Valuing our natural environment

11. U46632 Notwithstanding the plans hereby approved the development shall only be for one single storey dwelling on this approved site. REASON In the interests of neighbouring amenity and topography of the land

12. HIGH1 Before the development is brought into use, that part of the site to be used by vehicles shall be surfaced, drained and where necessary marked out in a manner to be approved in writing by the local planning authority. REASON To ensure adequate provision for the disposal of surface water and ensure that the use of the land will not give rise to mud hazards at entrance/exit points in the interests of public safety.

13. HIGH11 The development hereby approved shall not be brought into use until a crossing over the footpath/verge has been constructed in accordance with a scheme previously approved in writing by the local planning authority. REASON To avoid damage to the verge.

14. U46633 The proposal shall have a 5m wide access for the distance of 10m into the site and shall provide 2 off street parking spaces to each property. REASON In the interests of highway safety

15. U46634 No relevant works shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials, height, and type of boundary treatment to be erected on site, including any gates. Unless otherwise approved in writing by the local planning authority, the details as approved shall be completed before the occupation of any buildings on site. REASON To ensure the satisfactory appearance of the development.

01. INF1A INFORMATIVE The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. It should also be noted that this site may lie in an area where a current licence exists for underground coal mining.

Further information is also available on The Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority

Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com

This Standing Advice is valid from 1st January 2015 until 31st December 2016

02. U10096 INFORMATIVE 1. Surface Water Discharge From Brownfield Site

There should be no increase in surface water discharge from the site to existing sewers / watercourses. On site surface water attenuation will therefore be required if drained areas to existing sewers / watercourses are to be increased. A 30% net reduction to existing peak discharge (up to a 1/100 yr storm CC) will be required if the site is being re- developed. Allowances for climate change can be found in National Planning Policy Framework Technical Guidance Document Table 5.

2. Surface Water Discharge From Greenfield Site

The total surface water discharge from greenfield sites should be limited to green field run- off rates - up to 1 in 100 years storm + climate change. On site surface water attenuation will be required.

Note - For sites <1ha a rate of 5l/s/ha can be used for all storms up to 1/100 years + CC.

Allowances for climate change can be found in National Planning Policy Framework Technical Guidance Document Table 5.

3. On Site Surface Water Management

The site is required to accommodate rainfall volumes up to 1 in 100 year return period (plus 30% for climate change) whilst ensuring no flooding to buildings or adjacent land. This can be achieved by providing additional space for water below or above ground. The applicant will need to provide details and calculations including any below ground storage, overflow paths (flood routes), surface detention and infiltration areas etc to demonstrate how the 100 year +CC rainfall volumes will be controlled and accommodated.

Where cellular storage is proposed and is within areas where it may be susceptible to damage by excavation by other utility contractors, warning signage should be provided to inform of its presence. Cellular storage and infiltration systems should not be positioned within highway.

Allowances for climate change can be found in National Planning Policy Framework Technical Guidance Document Table 5.

If attenuation is to be put forward for adoption by the Sewerage Undertaker, it should be noted that they may only accept volumes up to a 1 in 30 year event by means of oversized pipes or underground tanks. Additional volumes up to 1 in 100 year + CC may therefore have to be provided elsewhere. The applicant should make early consultation with the sewerage undertaker where this applies.

4. Surface water drainage plans should include the following:

- Rainwater pipes, gullies and drainage channels including cover levels. - Inspection chambers, manholes and silt traps including cover and invert levels. - Pipe sizes, pipe materials, gradients and flow directions. - Soakaways, including size and material. - Typical inspection chamber / soakaway / silt trap and SW attenuation details. - Site ground levels and finished floor levels.

5. If soakaways are to be used, volume design calculations should be undertaken to 1 in 30 year rainfall + 20% climate change standard. Ground percolation test results should be undertaken to ensure viability / correct sizing. Existing ground water levels should be noted.

Where possible, soakaways should be positioned where accessible in soft landscaping and clear of paved areas because of the risk of ground settlement. Soakaways should not be used within 5m of buildings or within highway. Soakaways should not be used where the water table is in close proximity to the soakaway base at any time of the year (1m min clearance from water table recommended).

Soakaway detailed design guidance is given in CIRIA Report 156 and BRE Digest 365. inspection points should be included, to allow visibility of the base and incoming pipes and for de-silting. To prevent siltation, a sedimentation chamber (silt trap) upstream of the inlet should be included. Where possible these points should be within accessible distance (max 15m) to a jetvac tanker parked on hard standing.

6. Surface water drainage exceedance (flood route flow paths) or additional storage should be shown to demonstrate how surface water will be 'controlled' on site without detriment to buildings and adjacent land when the capacity of the proposed surface water drainage system is exceeded by severe storms (up to 1 in 100 year + 20% climate change). Guidance on flood pathways can be found in BS EN 752.

Overflow paths should be indicated by arrows on plan to demonstrate that flood escapes will flow away from buildings and neighbouring properties.

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.

ANNEX 1: Site Plan

ANNEX 2: Aerial view: