Committee Report

Report Precis

Report of the Assistant Director Planning and Regulatory Services To the Planning Regulatory Board Date: 26/02/2013

Subject

Applications under Town and Country Planning Legislation.

Purpose of Report

This report presents for decision planning, listed building, advertisement, Council development applications and also proposals for works to or felling of trees covered by a Preservation Order and miscellaneous items.

Access for the Disabled Implications

Where there are any such implications they will be referred to within the individual report.

Financial Implications

None

Crime and Disorder Implications

Where there are any such implications they will be referred to within the individual reports.

Human Rights Act

The Council has considered the general implications of the Human Rights Act in this agenda report.

Representations

Where representations are received in respect of an application, a summary of those representations is provided in the application report which reflects the key points that have been expressed regarding the proposal.

Members are reminded that they have access to all documentation relating to the application, including the full text of any representations and any correspondence which has occurred between the Council and the applicant or any agent of the applicant.

Recommendation(s)

That the applications be determined in accordance with the recommendations set out in the main report which is attached.

Background Papers

These are contained within the application files listed in the following schedule of planning applications. They are available for inspection at Barnsley Connects, The Civic Centre, Eldon Street, Barnsley, S70 2JL.

1 INDEX

2013/0144 Refusal Page 4

Erection of a single micro scale wind turbine (15m to hub and 17.8m to blade tip) Cheese Bottom Farm, Cheese Bottom, Thurgoland, Sheffield, S35 7AH

2012/1211 Approval Page 13

Use of site and building for a materials recycling facility including scrap metals. Station Road Industrial Estate, Valley Road, Wombwell, Barnsley, S73 0BS

2012/1201 Approval Page 23

Importation of scrap metal for sorting and bulking up and end of life vehicles for decontamination prior to further off site processing. Laurence Works, Sheffield Road, Springvale, Penistone, Sheffield, S36 6HF

2013/0078 Approval Page 33

Formation of overspill car park. Wentworth Castle, Lowe Lane, Stainborough S75 3ES

2013/0161 Approval Page 42

Alterations and installation of steps to existing public entrance on Lancaster Gate. Barnsley Town Hall, Church Street, Barnsley, South Yorkshire, S70 2AE

2013/0162 Approval Page 42

Alterations and installation of steps to existing public entrance on Lancaster Gate. (Listed Building Consent) Barnsley Town Hall, Church Street, Barnsley, South Yorkshire, S70 2AE

2012/0980 Approval Page 48

Change of use of detached agricultural building to ancillary domestic use in connection with existing dwelling Huthwaite Bank Farm, Old Mill Lane, Thurgoland, Sheffield, S35 7EG

2013/0082 Approval Page 54

Erection of 1.8 m high green powder coated paladin boundary fencing and 1 m high fencing increasing to 1.8m above existing stone wall facing Roy Kilner Road to Bowling Club. Darfield and Mitchell Bowling Club, Roy Kilner Road, Darfield, Barnsley.

2013/0085 Approval Page 58

Fell Ash Tree T1 within TPO 1/1951. Cannon Hall Country Park, Bark House Lane, Cawthorne, Barnsley, S75 4AR

2013/0104 Approval Page 62

Removal of 1 no. overhanging branch to Oak Tree (T1) within TPO 1/1953 Hay Green Plantation, Hay Green Lane, Birdwell, Barnsley, S70 5XA

2013/0144 Mr Nigel Dowkes Erection of a single micro scale wind turbine (15m to hub and 17.8m to blade tip) Cheese Bottom Farm, Cheese Bottom, Thurgoland, Sheffield, S35 7AH

3 letters of objection. Councillor Barnard objects Councillor Wilson objects

Site Location and Description

The site is located just to the west of the settlement of Thurgoland. The proposed turbine site lies on a south facing steeply sloping field and lies approximately 105m to the north east of and on a much higher level than the applicant’s dwelling. Above the site at the top of this sloping field runs the B6462 road. The nearest non-involved property, Valley House, lies approximately 104m to the south-west of the proposed turbine

Generally the area comprises rolling open agricultural land divided by dry stone walls. On the upper slopes, within the turbine site area, the landscape comprises grassland and occasional small trees. The turbine site is separated from the host property by a substantial belt of trees and an agricultural field which lies below the turbine site.

A footpath passes approximately 70m to the south east and east of the site, running up the hillside, and the Trans Pennine Trail runs parallel to the bottom of the valley.

Roper House and Stable Range are both Grade II Listed buildings which lie approximately 280m to the south east of the proposed development. Thurgoland Bridge (Grade II) is located approximately 613m to the northwest of the site. The nearest Local Wildlife site (Black Moor) is approximately 600m away.

Proposed Development

The proposal involves the erection of a single, three-bladed 5 kw wind turbine measuring 15m to the hub with a rotor diameter of 5.6m. The overall height from the base to the blade tip would be 19.8m, the whole painted in matte grey with white blades. The proposal includes a helical pile foundation.

The cable run is proposed to be buried in a 600mm deep and 150-175mm wide trench running across the field to the nearest field boundary and then following field boundaries. There will be no ancillary buildings to house electrical equipment. Access to the site is proposed to be gained from an existing field gate from the B6462.

The proposed development is on a working farm and the represents a form of farm diversification. It is intended to provide between 7,500KWh and 11,000 kWh renewable electricity per year equating to approximately £500pa saving, and fairly modest CO2 reductions.

Policy Context

The site lies within the Green Belt in the adopted Core Strategy

National Planning Policy Framework

The Government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.

When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources.

When determining planning applications, local planning authorities should: - not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and - approve the application if its impacts are (or can be made) acceptable. Once suitable areas for renewable and low carbon energy have been identified in plans, local planning authorities should also expect subsequent applications for commercial scale projects outside these areas to demonstrate that the proposed location meets the criteria used in identifying suitable areas.

Core principle 5 of the NPPF requires as well as protecting the Green Belt, we recognise the intrinsic character and beauty of the countryside.

Other parts of the NPPF relevant to this planning application are as follows:

Supporting a prosperous rural economy.

• A positive approach should be taken to sustainable new development.

Conserving and enhancing the natural environment.

• The planning system should contribute to and enhance the natural and local environment by (amongst other things), protecting and enhancing valued landscapes.

Requiring good design

• Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people.

• Planning policies and decisions should aim to ensure that developments (amongst other things) will function well and add to the overall quality of the area, respond to local character and history and are visually attractive.

• Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

Planning Policy Statement 22 (Companion Guide) – is still a relevant material consideration. Provides technical guidance on renewable energy projects including wind turbines.

5 Barnsley Local Development Framework Adopted Core Strategy (CS)

The Council has also produced a Consultation Draft of the Development Sites & Places Development Plan Document, which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact that it is at an early stage in its preparation. The site is allocated as Green Belt within this document.

CSP6 - Development that Produces Renewable Energy - we will allow development that produces renewable energy as long as there is no significantly harmful effect on;

• The character of the landscape and appearance of the area • Living conditions • Biodiversity, geodiversity and water quality • Heritage assets, their settings and cultural features and areas • Highway safety and • Infrastructure including radar.

Proposals must be accompanied by information that shows how the local environment will be protected, and that the site will be restored when production ends.

The Core Strategy recognises that undulating landscapes, such as those in the west of the borough, can increase the prominence of turbines. Careful consideration will need to be given to the capacity of the landscape to accommodate turbines, the ability to mitigate visual intrusion and cumulative impacts of individual sites when they are grouped rather than dispersed. We will use the Character Assessment and Policy CSP37 to assess the effect of development proposals.

We will carefully weigh up the environmental, social and economic benefits of the proposals against effects on the local area. We will also refuse planning applications for proposals that are not accompanied by enough supporting information.

CSP21 – Rural Economy – aims at encouraging a viable rural economy by allowing development in rural areas if it supports the sustainable diversification and development of the rural economy or results in the growth of existing businesses or is related to tourism/recreation or improves the range and quality of rural services. However, development in rural areas will be expected to:

• Be of a scale proportionate to the size and role of the settlement; • Be directly related, where appropriate, to the needs of the settlement; • Not have a harmful impact on the countryside, biodiversity, Green Belt, landscape or local character of the area; and • Protect the best quality of agricultural land.

CSP29 - Design - states that high quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, including (amongst other things):

• Topography, important habitats, woodlands and other natural features • Views and vistas to key buildings, landmarks, skylines and gateways • Heritage, townscape and landscape character including the scale, layout, building styles and materials of the built form particularly in and around (amongst other things), Penistone and the rural villages in the west of the Borough.

6 The policy is aimed at ensuring that development is appropriate to its context.

CSP34 – covers the protection of the Green Belt which is to be safeguarded and remain unchanged.

CSP36 – Biodiversity and Geodiversity – development will be expected to conserve and enhance the biodiversity and geological features of the borough. Development which may harm such features will not be permitted unless effective mitigation and/or compensatory measures can be ensured.

CSP37 - Landscape Character - development will be expected to retain and enhance the character and distinctiveness of the individual Landscape Character Assessment in which it is located.

CSP40 – Pollution Control and Protection – development will be expected to demonstrate that it is not likely to result in an increase in air, surface water and groundwater, noise, smell, dust, vibration, light or other pollution which would unacceptably affect or cause a nuisance to the natural and built environment or to people.

Development Sites and Places DPD:

SD1 – Presumption in Favour of Sustainable Development – refers to taking a positive approach reflecting the presumption in favour of development contained in the NPPF. However, proposals for development will only be approved if (amongst other matters):

• They advance the economic ambitions contained in the Economic Strategy; • There will be no significant adverse effect on the living conditions and residential amenity of existing and future residents; • They are compatible with neighbouring land and will not significantly prejudice the future use of the neighbouring land; and • They include appropriate landscaping to provide a high quality setting for buildings, incorporating existing landscape features and ensuring that plant species and the way they are planted, hard surfaces, boundary treatments and other features appropriately reflect, protect and improve the character of the local landscape.

Consultations

Thurgoland Parish Council – no objections raised

Regulatory Services – No objection subject to a planning condition relating to noise

Highways – No objections subject to planning conditions

Public Rights Of Way Officer- no comments received

Biodiversity Officer – No comments received

Ministry of Defence – No objections raised

National Air Traffic Service – No safeguarding objection to the proposal

Civil Aviation Authority – No comments received

Conservation and Design Officer- No comments received

SYMAS – No objections

Representations

The site was advertised on site, in the local press and by way of neighbour letter. A total of 3 objections have been received outlining the following concerns:

- Visual impact and noise impact, particularly across the valley, and on properties on Thurgoland Bank - The proposal would blight the view to and from Rumtickle Viaduct and the Transpennine trail - The turbine would be a distraction for motorists on a road that is already an accident blackspot - Potential effect on view from Listed Roper House - The landscape is undeveloped and no very special circumstances have been demonstrated - Adds to clutter of existing vertical elements such as overhead power lines - Access is through a field - No ecological surveys have been undertaken - Noise issues - Potential for interference of TV signals - Landscape and Visual Impact Statement states proposal is for 3 turbines

In addition, Councillor Barnard raises the following concerns:

- Cumulative Impact - Structural failure could impact on local residents and road users as blades can be flung a significant distance; - Strobing and shadow flicker; - Noise and infrasound - Danger to bats and migratory birds - Hazard to horses and riders - The photomontages do not show a realistic potential impact

Councillor Wilson raises the following concerns:

- Cumulative impact - The proposal would affect residents on Thurgoland Bank and road users due to strobing and shadow flicker

Assessment

Principle of development - The proposed turbine is located on Green Belt land. As such it is considered that the proposed development would affect openness and that it constitutes inappropriate development. Inappropriate development is, by definition, harmful to the Green Belt and such development should not be approved except in very special circumstances. Such very special circumstances will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

8 Very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable resources whatever their scale, and this should be given significant weight in determining proposals. The NPPF also reiterates the importance of Green Belts and in particular, their openness and permanence and local planning authorities should plan to retain and enhance landscapes, visual amenity and biodiversity. Substantial weight is given to any harm to the Green Belt.

In maximising renewable and low carbon energy, any adverse impacts should be satisfactorily addressed including cumulative landscape and visual impacts and good design is a key aspect of sustainable development.

The NPPF also emphasises the importance of supporting renewable and low carbon energy sources and the proposal would provide a small contribution (0.005MW) towards renewable energy generation which the applicant puts forwards as special circumstances, but this would need to be sufficient to clearly outweigh the harm to the Green Belt from the turbine and associated infrastructure.

Landscape and Visual Impact - The Barnsley Landscape Character Assessment identifies this part of the borough as Penistone Upland Farmland, being comprised of fields of pasture comprising small to medium geometric field units strongly defined by distinctive stone walls. Beech plantations provide some visual enclosure. Landscape sensitivity to built development is judged to be high and landscape capacity is considered to be low.

The surrounding landscape is predominantly agricultural with Thurgoland lying to the east of the proposal. The site lies in a sloping field with an open aspect and wide open views. To the southeast in the valley bottom is the River Don and beyond the land rises to agricultural uplands. By and large the landscape is of sloping fields with a sporadic number of isolated farmsteads and dwellings. It is of predominantly open aspect with tree cover limited mainly to the valley bottom.

The photomontages that have been provided are limited in that most have been taken from points where the turbine would be obscured by trees, and none from sensitive receptors such as residential properties and footpath locations not obscured by trees. Looking at the visual impact of the proposal, although the turbine would not be visible from the applicant’s property, it would be highly visible from residential properties along Thurgoland Bank and from road users. The turbine would also be visible along Roper House Lane and from the B6462. The turbine is isolated from any buildings, being located within a field and not associated visually with the applicant’s property, being separated from it by a further agricultural field and a stand of trees. As such it appears as an isolated incongruous feature in the predominantly open landscape.

A footpath passes approximately 100m to the south east and east of the site, running up the hillside, and the Trans Pennine Trail runs parallel to the bottom of the valley although views of the proposed turbine would be partly obscured by tree cover.

Views from further afield towards Hunshelf and Roughbirchworth would also experience views of the turbine despite its small size.

Undulating landscapes, such as this, can increase the prominence of turbines and policy CSP6 advises that careful consideration will need to be given to the capacity of the landscape to accommodate turbine and the ability to mitigate visual intrusion. Whilst it is accepted the turbine is on a relatively modest scale, it would be clearly visible in the landscape from substantial distances on an open slope and isolated from any buildings or other features. In particular it is divorced from its host property or any associated farm buildings. In this case the provision of the turbine in an exposed and isolated position, within an attractive landscape would be detrimental to the character and appearance of the locality. The proposal is therefore contrary to CSP 37.

9 Residential Amenity - Whilst no specific noise surveys have been undertaken for this site, documentation has been submitted which relates to the noise profile of this type of turbine. Regulatory Services have looked into the information provided and are satisfied that, subject to a suitable noise control condition, the small nature of the turbine and the distance to neighbouring properties would mean there would be no significant adverse impact on neighbouring dwellings. Furthermore, due to the distance from residential properties and the diameter of the proposed turbine blades, there would be no issues relating to shadow flicker. The proposal is considered to satisfy policy CSP40 of the Core Strategy.

Highway Safety - Highways are satisfied that there will be no road safety issues as a result of the delivery or use of a turbine at this location, therefore the proposal accords with Core Strategy Policy CSP 6

Other matters

Shadow flicker

Objectors have raised concerns regarding shadow flicker. However, the nearest dwellings are sited within excess of 10 rotor diameters of the turbine and as a result it is not considered to be a significant issue.

Ecology

The nearest Local Wildlife Site to the proposal is Black Moor Common approximately 600m away whilst the nearest woodland area is approximately 100 metres away At this distance, and given the height of the turbine proposed, there would be little potential impact on wildlife and habitat as a result of the scheme. Accordingly, it is unlikely that a turbine on this scale and in this siting would have an adverse impact on local ecology and therefore, policy CSP36 of the Core Strategy is satisfied.

Impact on horses and riders

Representations raised concerns about the potential impact on horses and riders. In this case, the turbine is proposed within a field and relatively close to a major road. There are no bridleways within close proximity of the site. It is considered unlikely that a turbine on this scale would result in significant issues and there is no overriding evidence to suggest that horses would be adversely affected by the turbine in this case.

Cumulative Impact

The applicant has provided little on cumulative impact. However, the nearest approved turbine to this site is at Pule Hill which is over 500 metres away and at a significantly higher level. There are no other significant structures in the immediate vicinity of the site and therefore given the scale of the turbine it is not considered that the cumulative visual impact would be significant.

Television Interference

PPS 22CG advises that provided careful attention is paid to siting, wind turbines should not cause any significant problems of electromagnetic interference (e.g. television, radio and microwave links). Experience has shown that when TV and radio reception is affected by scattering of the signal, this is of a predictable nature and can generally be alleviated by the installation or modification of a local repeater station or cable connection. Studies have indicated that wind turbines do not have any significant effect on the reception of digital terrestrial or satellite television. The potential impact on television reception could be dealt with through the imposition of a condition on any grant of planning permission.

Conclusion

The applicant has suggested that in providing renewable energy and in helping to tackle climate change, any harm by reason of inappropriateness, and any other harm is outweighed by these considerations and that very special circumstances therefore exist.

In respect of any other harm, it appears clear that the proposed turbine would have no significant adverse effects in respect of potential highway, noise, biodiversity, shadow flicker, or television subject to the imposition of appropriate conditions on any grant of planning permission. A condition could also be applied to ensure the restoration of the site at the end of the turbine’s life.

Whilst recognising that the proposed turbine would make a small contribution to cutting greenhouse gas emissions and that even small contributions can be valuable, the output is nevertheless small and must be weighed against the potential harm it may cause in the Green Belt.

The turbine proposed is in an elevated and conspicuous location divorced from the host property and in a location which would adversely affect the openness and visual amenities of the Green Belt. It is considered that there are very significant adverse effects and harm in respect of landscape character and appearance and would have a harmful visual impact on the Green Belt. It is also considered that the harm in these respects and the harm by reason of inappropriateness in this case, are not clearly outweighed by other considerations. Very special circumstances therefore do not exist and the proposal is considered to conflict with CSP6 of the Core Strategy.

Recommendation

Refuse

1. The site is within Green Belt in the adopted Barnsley Unitary Development Plan which remains unchanged in the adopted Core Strategy. In the opinion of the Local Planning Authority, the proposed wind turbine is sited in a prominent isolated and exposed location which would appear as an incongruous and visually intrusive feature, harming landscape character, openness and the visual amenities of the Green Belt.. The Council considers that no very special circumstances have been demonstrated in this case which clearly outweighs identified harm and harm by reason of inappropriateness. Accordingly the proposal conflicts with Core Strategy policies CSP6, CSP21, CSP29, CSP34, and CSP37, DSP Policy SD1, and NPPF policies relating to protecting Green Belt land, meeting the challenge of climate change, conserving and enhancing the natural environment and requiring good design.

11 Path (um)

Copster House Farm B 6462

Ponds 206.0m

Cattle Grid

Track 217.4m

Path (um) SHEFFIELD ROAD Thurgoland Bank 220.4m Issues Valley House Cheesebottom Sewage Treatment Works Cheese Bottom

Drain

Pond

Path (um) Spring Wood

River

Don 218.5m Sinks

211.7m 2013/0144 - Erection of a single micro scale wind turbine (15m to hub and 17.8 m to blade tip) Cheese Bottom Farm, Cheese Bottom, Thurgoland, Sheffield

Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA10002264

2012/1211 Mr Jason Helliwell Use of site and building for a materials recycling facility including scrap metals. Station Road Industrial Estate, Valley Road, Wombwell, Barnsley, S73 0BS

No representations received.

Background

Planning permission reference B/92/0059/WW was granted on appeal for the application site in 1993 for ‘Conversion of works to permit the use of the site and buildings for metal recycling purposes’. The development essentially comprised the recycling of aluminium scrap for use elsewhere in the steel making industry.

Site Location and Description

The site, comprising an existing essentially steel industrial building and open (concrete) yard, which is part of a larger unit, is located centrally within the Station Road Industrial Estate off Valley Road, Wombwell, some 155m from its junction with Station Road to the south where the nearest residential properties are located. Other industrial units, largely occupied by Safestyle UK lie between the site and Station Road and there are also units to the north.

Proposed Development

The applicant is seeking to extend waste management operations at the site through changing the use to a materials recycling facility. It is now intended to accept general waste from the companies currently supplying scrap metal as well as via skip hire to the general public.

Operations would be undertaken within the building with the yard being used for skip and metal storage, vehicle parking, a site office and weighbridge. On entering the building, existing machinery used to recycle scrap metal would also be used to handle and separate waste recyclables including wood, paper and plastic into holding bays. Top soil and rubble would be separated using new screening equipment. Separated materials would be bulked up and removed from site for further processing elsewhere.

Operating hours would be 0800 – 1700 Monday to Friday, 0800 – 1200 Saturday with no working on Sunday and Bank/Public Holidays.

A maximum of 75,000 tonnes of waste from Wombwell and Barnsley and surrounding areas would be accepted at the site annually in accordance with the Environment Agency’s Environmental Permitting rules. The number of vehicles entering the site per week would be approximately 55 (10 per day). The applicant states that the capacity of the site would be limited by the size of the building and yard area.

The site is enclosed with galvanised palisade fencing.

The applicant suggests that an additional 5 full time jobs would be created by the proposed development.

Policy Context

Planning decisions should be made in accordance with the development plan unless material considerations indicate otherwise and the National Planning Policy Framework does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and the Joint Waste Plan and saved Unitary Development Plan policies.

The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document, which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation.

Barnsley Local Development Framework Adopted Core Strategy (CS)

The CS does not contain policies or text regarding waste and recycling as these issues are covered by the recently adopted Barnsley, Doncaster and Rotherham Joint Waste Plan. General policies relevant to the proposal however, include:

CSP1 – Climate Change – development will be expected to (amongst other matters) reduce and mitigate the impact of growth on the environment and carbon emissions and we will take action to adapt to climate change by giving preference to development of previously developed land in sustainable locations.

CSP3 – Sustainable Drainage Systems – all development will be expected to use Sustainable drainage systems (SuDS).

CSP8 – The Location of Growth – identifies urban Barnsley and a number of principle towns including Wombwell as priority for development.

CSP19 – Protecting Existing Employment Land – refers to existing employment land, or land last used for employment purposes will be retained in order to safeguard existing or potential jobs.

CSP25 – New Development and Sustainable Travel – states that new development will be expected (amongst other matters) to be located and designed to reduce the need to travel, be accessible to public transport and meet the needs of pedestrians and cyclists.

CSP26 – New Development and Highway Improvement – refers to the expectation that development will be designed and built to provide safe, secure and convenient access for all road users.

14 Barnsley, Doncaster and Rotherham Joint Waste Plan (JWP)

Relevant to this application are:

WCS1 – refers to the overall strategy and states that provision will be made to maintain, improve and expand the network of waste management facilities to achieve sustainable waste management across all waste streams. Whilst existing strategic facilities are safeguarded and three sites allocated for new strategic facilities, new or replacement smaller-scale facilities (to deal with municipal, commercial and industrial waste) will be supported where these are required to serve local catchment areas and communities. Waste proposals will be directed towards accessible locations with good transport links, particularly in and around urban areas.

WCS4 – refers to waste management proposals on non-allocated sites and states that they will be permitted provided they demonstrate how they; do not significantly adversely affect the character or amenity of the site or surrounding area; contribute towards the aims of sustainable waste management in line with the waste hierarchy; and do not undermine the provision of waste development on strategic sites. The types of location where waste proposals may be acceptable in principle include existing waste sites and designated employment and industrial areas/sites.

WCS6 – covers general considerations for all waste management proposals (access, highway capacity, noise, dust, drainage, wildlife and habitats etc). Proposals must include sufficient information to demonstrate that they comply with the requirements within the policy.

Barnsley Unitary Development Plan adopted 2000 (UDP)

The site is located within an Employment Policy Area. Relevant (saved) policies include:

ED4 – refers to proposals for economic development adjoining or close to housing will be assessed with particular regard to the likely impact on residential amenity in terms of a number of potential issues including noise, traffic entering or leaving the site, visual intrusion, outside storage, dust etc.

ED7 – states that areas defined as Employment Policy Areas will remain in employment use. Development will normally be permitted for business, industry and storage and distribution. Other employment generating uses may also be permitted if they are compatible with adjoining uses.

Development Sites and Places (Development Plan Document (Consultation Draft 2012) (DSP)

The site is proposed as Urban Fabric (land within the settlement with no specific allocation) in the consultation draft and replaces the housing and employment policy areas in the UDP. The following policies are considered relevant:

SD1 – Presumption in Favour of Sustainable Development – refers to taking a positive approach reflecting the presumption in favour of development contained in the National Policy Planning Framework. Planning applications that accord with other relevant policies will be approved, unless material considerations indicate otherwise.

GD1 – General Development Policy – proposals for development will only be approved if (amongst other matters):

 They advance the economic ambitions contained in the Economic Strategy;  There will be no significant adverse effect on the living conditions and residential amenity of existing and future residents;  They are compatible with neighbouring land and will not significantly prejudice the future use of the neighbouring land; and  They will not adversely affect the potential of a wider area of land which could otherwise be available for development.

EMP1 – Uses on Employment Land – refers to allocated employment sites, or land currently or last used for employment purposes and states that we will allow research and development and light industry, general industrial, and storage and distribution.

National Planning Policy Framework (NPPF)

Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise.

The Framework does not contain specific waste policies, since national waste planning policy will be published as part of the National Waste Management Plan for England.

In respect of this application, relevant general policy statements include:

Building a strong, competitive economy.

 The planning system should support sustainable economic growth.

Promoting sustainable transport

 Decisions should ensure that developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised.

Developments should be located and designed to accommodate the efficient delivery of goods and supplies; give priority to pedestrian and cycle movements, and have access to high quality public transport facilities; create safe and secure layouts etc.

Conserving and enhancing the natural environment.

 The planning system should contribute to and enhance the natural and local environment by (amongst other things), preventing new development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution.

 Planning decisions should ensure that new development is appropriate for its location. The effects of pollution on general amenity should be taken into account.

 Local planning authorities should assume that the control of processes or emissions where subject to approval under pollution control regimes will operate effectively.

 Planning decisions should aim to avoid noise from giving rise to significant adverse impacts but recognise that development will often create some noise and existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established.

Planning Policy Statement 10 (PPS 10)

PPS 10: Planning for Sustainable Waste Management has not been superseded by the NPPF. The overall objective is to protect human health and the environment by producing less waste and by using it as a resource wherever possible.

The key aim of PPS 10 is to break the link between economic growth and the environmental impact of waste by moving the management of waste up the ‘waste hierarchy’ of prevention, preparing for reuse, recycling, other recovery, and only disposing as a last resort. Applicants for waste disposal facilities should be able to demonstrate that the envisaged facility will not undermine the waste planning strategy through prejudicing movement up the waste hierarchy.

In considering planning applications, waste planning authorities (WPA) should consider the likely impact on the local environment and on amenity.

Waste Strategy for England 2007

The strategy builds on the Waste Strategy 2000 and reiterates the need to apply the waste hierarchy. Most products should be re-used or their materials recycled and encouragement is given to the waste management industry to invest in facilities to recycle and recover waste.

Consultations

Environment Agency – No objection subject to informatives.

Yorkshire Water Services Ltd – No comments.

BMBC Drainage – No observations.

BMBC Highways – No objection subject to the imposition of conditions.

BMBC Regulatory Services – No objection subject to the imposition of a condition.

South Yorkshire Mining Advisory Service – No objection subject to the attachment of an informative.

Representations

The proposal was advertised as a major application on site and in the local press and through neighbour notification to adjacent businesses.

No representations have been received.

Assessment

Material Considerations

Principle of development Visual impact Highway safety Other environmental and amenity impacts

Principle of development - The principle of using the building and adjacent yard as a waste management facility was accepted in the granting of planning permission B/92/0059/WW. It is considered that the proposed use which is akin to an industrial use is compatible with the surrounding industrial development and acceptable within an area designated for employment generating purposes and therefore complies with UDP Policy ED7.

The proposal, being a small scale facility contributing towards the aim of sustainable waste management in line with the waste hierarchy and serving a local catchment area on a previously developed site for employment purposes on an existing industrial estate, and being within the boundary of the settlement/Principal Town of Wombwell with good transport links is also considered to comply with CSP1, CSP8, CSP19 and CSP25, WCS1 and WCS4, SD1, GD1 and EMP1, PPS 10 and the Waste Strategy for England 2007.

However, the policy background also makes it clear that in considering planning applications for waste management facilities, waste planning authorities should consider the likely impact on the local environment and on residential amenity, in terms of visual intrusion, traffic and access, drainage and air emissions including dust, odours, noise and vibration.

Visual impact - The site is part of an established industrial estate and would be screened by the existing boundary fencing. Operations other than loading and unloading would be carried out within the building. With the nearest residential property being some 150m distant, and owing to the presence of other industrial units and the set back position of the site from Station Road, it is considered that visual intrusion is minimal and that policies WCS6, ED4 GD1 and PPS10 in this respect are satisfied.

Highway safety - Access to the proposed development is via Station Road (B6096) with access to Valley Way (A633) for the main road network. The scrap metal business is currently a skip based operation and this would remain so with the current proposal. Access to the site is considered to be good due to the absence of on street parking within the industrial estate and as the layout of the yard is not to be changed and is hard surfaced, the Council’s Highways section (subject to conditions) does not anticipate any problems with vehicle manoeuvring and mud or other debris being deposited on the highway.

There is no limit imposed on the number of vehicular movements in relation to the existing operations. The applicant states that the number of vehicular movements is in any event limited by the capacity of the building and the yard so the number of vehicular movements would not significantly increase. Highways have stated that both the junction of Valley Road with Station Road and the bridge over the Trans Pennine Trail on Station Road are free of serious reported vehicle related accidents and that the current proposal would have no significant adverse impact on the highway network.

18 Nethertheless, it is considered prudent to limit the number of vehicular movements through a condition restricting the annual input of waste to the site to the maximum allowed under the Environment Agency’s Environmental Permitting regime.

It is considered therefore that as the proposed development would not create or add to highway safety problems or the efficiency of the highway for other road users, CSP26, WCS6, ED4, GD1, the relevant statements in the NPPF and PPS10 are satisfied in respect of highway matters.

Other environmental and amenity impacts - In consideration of the nature (operations within a building) and location of the proposed development, no issues are anticipated in respect of odour, dust, vibration or excessive noise.

The Environment Agency has commented that the applicant is currently in pre Environmental Permit discussions. Conditions stated in the permit would mitigate any impact on the environment. The Council’s Regulatory Services have no objections stating that whilst the recycling of other materials is likely to marginally increase average noise levels on site, mainly due to increased throughput, the noise climate on the industrial estate is already quite significant during the day, largely due to the adjacent window company. The proposed hours of operation are acceptable and should be conditioned.

Yorkshire Water note that the building’s existing drainage system would continue to be used and the Council’s Drainage Section confirms that the drainage details provided are sufficient.

In view of the above, it is considered that policies CSP3 and CSP40, WCS6, ED4, GD1 and the relevant statements in the NPPF, and PPS10 are satisfied in respect of other environmental and amenity impacts.

Recommendation

Grant subject to:-

1 The development hereby permitted shall be begun within 3 years from the date of this permission. Reason: To comply with the requirements of Section 91 (as amended) of the Town and Country Planning Act 1990.

2 The Waste Planning Authority (WPA) shall be notified in writing of the date of commencement at least 7 days, but not more than 14 days, prior to the commencement of the development. Reason: To enable the WPA to monitor compliance with the conditions of the planning permission.

3 The applicant shall be responsible for ensuring that, from the commencement of the development, a copy of this permission, including all plans and documents hereby approved and any plans or documents subsequently approved in accordance with the permission, shall always be available at the site for inspection by the WPA during normal working hours. Reason: To ensure that the development is carried out in accordance with the approved details.

4 The development hereby permitted shall only be carried out in accordance with the following documents, unless amendments are made pursuant to the other conditions below: a) Drawing number GAL/0809/02 dated August 2009 and hand marked GA1, titled 'Site Location Plan' showing the red line planning application boundary and blue line boundary; b) Drawing number GAL/0809/02 dated August 2009 and hand marked GA2, titled 'Site Location Plan' showing the arrangement of activities within the site; c) Planning Statement as amended and attached to a note from Malcolm Quinn of Gillot Alloys; and d) Letter (undated) from Gillot Alloys received by the Council on 29 October 2012 (date stamped). Reason: For the avoidance of doubt and in the interests of local amenity.

5 Working operations within the site including vehicle haulage movements and maintenance shall be limited to the hours between 0800 hours and 1700 hours on Monday to Friday and 0800 hours and 1200 hours on Saturdays, and not at all on Sundays, Bank and Public Holidays. Reason: In the interests of local amenity and to accord with CS policy CSP40, JWP policies WCS4 and WCS6, UDP policy ED4, the relevant statements in the NPPF, and PPS10.

6 The maximum amount of waste accepted at the site for sorting and bulking up shall not exceed 75,000 tonnes per annum. A written record shall be kept by the operator of the quantity (in tonnes) and type of waste accepted at the site on a daily basis. These records shall be made available to the WPA for inspection on request and all such records shall be retained for at least 24 months. Reason: To minimise potential impacts arising from the operation of the site and to protect the amenity of nearby occupiers in accordance with CS policy CSP40, JWP policies WCS4 and WCS6, UDP policy ED4, the relevant statements in the NPPF, and PPS10.

7 All on-site vehicular areas shall be hard surfaced and drained in an approved manner prior to the development being brought into use. Reason: To prevent mud/debris from being deposited on the public highway to the detriment of road safety and to accord with CS policy CSP26 and JWP policy WCS6.

8 The parking/manoeuvring facilities indicated on the approved plan shall be provided prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: In the interests of road safety and to accord with CS policy CSP26, JWP policy WCS6 and the relevant statements in the NPPF.

9 Sorting and bulking up of waste materials shall only take place within the building marked 'A' shown on the approved drawing, GAL/0809/02 hand marked GA2. The adjacent yard marked 'D' on the approved drawing shall be used solely for the delivery and export of waste materials and the purposes indicated. Skip and metal storage shall not exceed the height of the perimeter fence. Reason: In the interests of local amenity and to accord with CS policy CSP40, JWP policies WCS4 and WCS6, UDP policy ED4, the relevant statements in the NPPF, and PPS10.

10 In the event that the use of the site for the importation, sorting and bulking up of waste materials should cease for a period in excess of three months, then, within one month of a written request from the WPA, the site shall be cleared of all stored waste materials. Reason: To provide for the beneficial use and appearance of the land after the use hereby permitted has ceased.

River Dove 19

28. 8m

35 Stonyford Bridge 27 77

Path (um)

Path (um) Bulling Dike

VALLEY ROAD

5 Post

6 121

7 2 Wor ks Wor ks 8

10 138

Wor ks

25. 7m VALLEY ROAD PH G as G over nor

132 15 126

43 120 STATION ROAD VALLEY ROAD

112 110

PH 25

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17 El Sub St a 15 23 1 11

26.1m

2 12

84 19

5 78 5

Stand

BAYFORD WAY

10 4

1 79 77 11 2 COTTERDALE GARDENS

Track 64 73 15 71 6 G ar age 69 27.0m SWALEDALEDRIVE 17

2 6

Spor t s G r ound Willow G ar dens 50

57 19 38

45 23 41 34

Running Track

32 16

33 18

28. 7m 1 7 Drain

Club

1 2012/1211 – Use of site and building for a materials2 recycling11 facility including scrap metals, Station Road Industrial Estate, Valley Road, Wombwell, Barnsley CALVERLEY GARDENS STATION ROAD

2012/1201 Mr Simon Oarr Importation of scrap metal for sorting and bulking up and end of life vehicles for decontamination prior to further off site processing. Laurence Works, Sheffield Road, Springvale, Penistone, Sheffield, S36 6HF

No representations received.

Background

Planning permission reference 2007/0121 was granted for the application site and adjacent land on the 11 October 2007 for ‘Change of use to materials recycling centre’. The development comprised the recycling of commercial, industrial and domestic non-hazardous waste, the continuation of an associated skip hire business and the sale of products recovered from these waste streams. The business has significantly retracted in more recent years with the economic downturn.

Site Location and Description

The site comprising existing brick/steel industrial buildings and open yard is located on a small portion of land 1km east of Penistone Centre, and set within the small Springvale Industrial Estate. The site is set back approximately 50m from Sheffield Road with access gained via a fairly steep, shared, tarmac track, between a car dealership/filling station and residential properties. The nearest dwelling lies approximately 40m away on Sheffield Road. To the south of the site is the Penistone railway line, and further to the south, the Trans Pennine Trail.

Proposed Development

The applicant is seeking to regularise waste metal recycling activities which are taking place within the building. It is also intended to install an ‘end of life vehicle unit’ (depollution) to process cars for scrapping.

Currently, waste metal, approximately 25-35 tonnes per week is taken into the building for sorting into containers and bulking up prior to further offsite processing at other outlets. The waste metal is delivered to the site from a variety of sources in private vehicles and ranges from white goods, wire, alloy wheels, steel scrap, copper and lead to any metal of value including small quantities of precious metals (gold and silver). The process whilst not complex is strictly regulated to ensure that no stolen material is accepted. The associated yard area is used only for the delivery and export of the waste metal.

The ‘end of life vehicle unit’ would be a separate, low intensity activity which would operate within another bay of the building. Essentially, all vehicle ‘contaminants’ (fuel, brake fluid, hydraulic material, oil, engine coolant etc.) are removed from vehicles using specialised mobile equipment. Up to 40 units per week would be treated and then removed from site for scrapping elsewhere. All recovered materials are either re-used or removed by specialist contractors.

Operating hours would be 0800 – 1700 Monday to Friday, 0800 – 1200 Saturday with no working on Sunday and Bank/Public Holidays.

23 The overall number of vehicles entering the site per week associated with the proposed development and the adjacent remnants of the waste recycling/skip hire activity would be approximately 300 and is stated to be less in number and size of vehicle than the large scale waste recycling and skip hire activity approved under planning permission 2007/0121. Car parking for employees would be available adjacent to the site access. A number of access safety improvements required and implemented as part of planning permission 2007/0121 would remain in place.

The site is enclosed with concrete panels and galvanised palisade fencing to a minimum height of 1.8m.

Policy Context

Barnsley Local Development Framework Adopted Core Strategy (CS)

CSP3 – Sustainable Drainage Systems – all development will be expected to use Sustainable drainage systems (SuDS).

CSP8 – The Location of Growth – identifies urban Barnsley and a number of principle towns including Penistone as priority for development.

CSP19 – Protecting Existing Employment Land – refers to existing employment land, or land last used for employment purposes will be retained in order to safeguard existing or potential jobs.

CSP26 – New Development and Highway Improvement – refers to the expectation that development will be designed and built to provide safe, secure and convenient access for all road users.

24 CSP40 – Pollution Control and Protection – development will be expected to demonstrate that it is not likely to result in an increase in air, surface water and groundwater, noise, smell, dust, vibration, light or other pollution which would unacceptably affect or cause a nuisance to the natural and built environment or to people.

Barnsley, Doncaster and Rotherham Joint Waste Plan (JWP)

Relevant to this application are:

Barnsley Unitary Development Plan adopted 2000 (UDP)

The site is located within an Employment Policy Area. Relevant (saved) policies include:

Development Sites and Places (Development Plan Document (Consultation Draft 2012) (DSP)

25 GD1 – General Development Policy – proposals for development will only be approved if (amongst other matters):

National Planning Policy Framework (NPPF)

The Framework does not contain specific waste policies, since national waste planning policy will be published as part of the National Waste Management Plan for England.

In respect of this application, relevant general policy statements include:

Building a strong, competitive economy.

 The planning system should support sustainable economic growth.

Promoting sustainable transport

 Decisions should ensure that developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised.

Conserving and enhancing the natural environment.

26  Planning decisions should ensure that new development is appropriate for its location. The effects of pollution on general amenity should be taken into account.  Local planning authorities should assume that the control of processes or emissions where subject to approval under pollution control regimes will operate effectively.  Planning decisions should aim to avoid noise from giving rise to significant adverse impacts.

Planning Policy Statement 10 (PPS 10)

In considering planning applications, waste planning authorities (WPA) should consider the likely impact on the local environment and on amenity.

Waste Strategy for England 2007

Consultations

Penistone Town Council – No objections.

Environment Agency – No objection.

Yorkshire Water Services Ltd – No objections subject to informatives.

BMBC Drainage – No objection subject to the imposition of a condition.

BMBC Highways – No objection subject to the imposition of conditions.

BMBC Regulatory Services – No adverse comments.

Representations

The proposal was advertised as a major application on site and in the local press and through neighbour notification to 12 residential/industrial/commercial properties.

No representations have been received.

27 Assessment

Material Considerations

Principle of development Visual impact Highway safety Other environmental and amenity impacts

Principle of development - The principle of using the building and adjacent yard as a waste management facility was accepted in the granting of planning permission 2007/0121. It is considered that the proposed use which is akin to an industrial use is compatible with the surrounding industrial development and acceptable within an area designated for employment generating purposes and therefore complies with UDP Policy ED7.

The proposal being a small scale facility contributing towards the aim of sustainable waste management in line with the waste hierarchy and serving a local catchment area on a previously developed site for employment purposes on an existing industrial estate, and being within the boundary of the settlement/Principal Town of Penistone with good transport links is also considered to comply with CSP1, CSP8, CSP19 and CSP25, WCS1 and WCS4, SD1, GD1 and EMP1, PPS 10 and the Waste Strategy for England 2007.

Visual impact - The site forms part of an established industrial estate and would be screened by the existing boundary fencing. Operations other than loading and unloading would be carried out within the buildings. With the nearest residential property being some 40m distant, and owing to the presence of other buildings and the set back position of the site from Sheffield Road and topography, it is considered that visual intrusion is minimal and that policies WCS6, ED4 GD1 and PPS10 in this respect are satisfied.

Highway safety - Sheffield Road itself is a Class B road with no restrictions on the vehicle types using it. The use of the access by other vehicles to the Industrial Estate would continue regardless of the outcome of this application. Previous access improvements carried out have included measures to separate pedestrians and vehicles.

The proposed development together with the remnants of the materials recycling facility would result in some 54 deliveries each day equating to 108 vehicular movements. The number of vehicular movements associated with the former large scale material recycling facility was given as 60. Contrary to the applicant’s statement therefore, there would be an increase in vehicular movements overall. However, these vehicular movements would comprise much smaller vehicles than the HGVs associated with the previous sole activity and the Council’s Highway Section has no objection subject to the imposition of highway safety conditions.

Other environmental and amenity impacts - In consideration of the nature and location of the proposed development including the hard surfaced access, no issues are anticipated in respect of odour, dust, vibration or excessive noise.

28 The Environment Agency has commented that the site already benefits from an Environmental Permit and that de-pollution of vehicles must take place inside the buildings within a bunded area to prevent any pollution and to comply with the permit. Other conditions stated in the permit would mitigate any impact on the environment more generally.

The Council’s Regulatory Services have no adverse comments and have stated that the proposed hours of operation are acceptable.

Whilst the submitted plans show no proposals for the drainage of the site, the Council’s Drainage Section has commented that as a previously developed site with a high impermeable area, the proposals would not significantly increase the amount of run off from the site. A conditional approval is recommended. Yorkshire Water has no objection subject to the imposition of a number of informatives in relation to any additional discharge of surface water from the site and the public sewer.

Recommendation

Grant subject to:-

4 The development hereby permitted shall only be carried out in accordance with the following documents, unless amendments are made pursuant to the other conditions below: a) Drawing DRG A1, titled 'Bulk Group Waste Management (Scrap Metals) Building and Yard - Location Plan' dated 05/2012 showing the red line planning application boundary and access details on a sketch drawing titled 'Laurence Works Site Entrance' dated 07/2007; b) Planning Statement and Description referenced MAC 23/10/12; and c) Letter from Michael A Clynch dated 1 November 2012 and attached plan showing car parking. Reason: For the avoidance of doubt and in the interests of local amenity.

29 5 Working operations within the site including vehicle haulage movements and maintenance shall be limited to the hours between 0800 hours and 1700 hours on Monday to Friday and 0800 hours and 1200 hours on Saturdays, and not at all on Sundays, Bank and Public Holidays. Reason: In the interests of local amenity and to accord with CS policy CSP40, JWP policies WCS4 and WCS6, UDP policy ED4, the relevant statements in the NPPF, and PPS10.

6 The maximum amount of waste metal accepted at the site for sorting and bulking up shall not exceed 1,800 tonnes per annum. The maximum number of end of life vehicles decontaminated at the site shall not exceed 2000 per annum. A written record shall be kept by the operator of the quantity (in tonnes) of waste metal accepted at the site and the number of end of life vehicles decontaminated on a daily basis. These records shall be made available to the WPA for inspection on request and all such records shall be retained for at least 24 months. Reason: To minimise potential impacts arising from the operation of the site and to protect the amenity of nearby occupiers in accordance with CS policy CSP40, JWP policies WCS4 and WCS6, UDP policy ED4, the relevant statements in the NPPF, and PPS10.

7 Within one month of the date of this decision, full foul and surface water drainage details shall be submitted to, and approved in writing by, the WPA. Thereafter the approved drainage details shall be implemented within a further three months and then retained/maintained throughout the life of the development. Reason: To ensure the proper drainage of the area and to accord with CS policies CSP3 and CSP40, JWP policy WCS6, the relevant statements in the NPPF, and PPS10.

8 All on-site vehicular areas shall be hard surfaced and drained in an approved manner prior to the development being brought into use. Reason: To prevent mud/debris from being deposited on the public highway to the detriment of road safety and to accord with CS policy CSP26 and JWP policy WCS6.

9 The parking/manoeuvring facilities indicated on the approved plan shall be provided prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: In the interests of road safety and to accord with CS policy CSP26, JWP policy WCS6 and the relevant statements in the NPPF.

10 Sorting and bulking up of waste metal and the decontamination of end of life vehicles shall only take place within the buildings shown on the approved drawing, DRG A1. The adjacent yard and shared access shall be used solely for the delivery and export of waste metal and end of life vehicles and their contaminants. There shall be no outside storage of any description. Reason: In the interests of local amenity and to accord with CS policy CSP40, JWP policies WCS4 and WCS6, UDP policy ED4, the relevant statements in the NPPF, and PPS10.

11 No end of life vehicles shall be scrapped/broken up at the site. Reason: For the avoidance of any doubt.

30 12 In the event that the use of the site for the importation, sorting and bulking up of metal waste, and the decontamination of end of life vehicles should cease for a period in excess of three months, then, within one month of a written request from the WPA, the site shall be cleared of all stored metal waste and end of life vehicles. Reason: To provide for the beneficial use and appearance of the land after the use hereby permitted has ceased.

28 180 107

Spring Vale 184 17

Methodist Church 203.7m 18

107a 109 DON STREET 7

5 Garage 2 119

LB 121

1 208 131 206.3m KNOWLES STREET

SPRING VALE 2 139 141 SHEFFIELD ROAD 224 Kirkwood House Laurence Works Cycle Path

Subway Path

Path (um)

Quarry

(disused)

Berry Well

2012/1201 – Importation of scrap metal for sorting and bulking up and end of life vehicles for decontamination prior to further off site processing, Laurence Works, Sheffield Road, Springvale, Oxspring

2013/0078 Claire Herring Formation of overspill car park. Wentworth Castle, Lowe Lane, Stainborough S75 3ES

5 Letters of objections received.

Site Location and Description

The site relates to a portion of an agricultural field, the larger extent of which runs to the southern side of Lowe Lane. The agricultural land itself undulates alongside the existing access which winds up to the existing car park at Wentworth Castle from the bottom of the Cross Roads at Stainborough.

The site in question forms the south-western quadrant of an agricultural field lying opposing the existing car park and close to a formation of trees which run alongside the access and form part of coronation wood. The land gradients rise quite sharply up to the west and sheep are present on the fields for grazing.

Wentworth Castle

Wentworth Castle and its gardens are significant as a fine example of a country house and designed landscape. The oldest part of the house dates to 1670-2. The east wing was added 1710-20 and the south front around 1760. The formal gardens were laid out around 1713 with mid 18th century additions, and the surrounding parkland dates to the early and mid-18th century.

The building, one of 13 Grade 1 listed buildings in the Borough, is currently used as an adult education college.

Wentworth Castle underwent major restoration works prior to the financial downturn. These works were carried out between the years 2005 to 2007, and included work to secure the future of the Grade II* listed Rotunda which forms a dominant feature on the landscape and dates back to when it was constructed by William Wentworth in 1744-46.

The conservatory, built in 1877, was probably designed by Crompton and Fawkes of Chelmsford and was manufactured by them. Following the extension of the west wing of the mansion a bridge was added to create a link through from the reception rooms of the house to the garden, but this has been removed in recent years. The conservatory received funding and approval for its restoration under permission ref 2010/1485 which is now underway.

All the restoration work which has taken place is integral in Wentworth Castle remaining a key tourist attraction within the Borough. The completion of the glasshouse will also improve the facilities for use as a wedding venue.

Existing Parking

The facility can presently accommodate an estimated 180 cars within the unmarked permanent car park with an additional 10 spaces for disabled persons. At present when the main car park is at full capacity, additional temporary parking is made available within the deer park, however the topography of the ground is unsuitable with a number of vehicles becoming stuck within the soil and thus must be removed with the use of a tractor which could lead to a liability issue.

33 Proposed Development

Permission is sought to form a 297 space over spill car park, which is only intended to be used for up to 28 days in any calendar year. The remainder of the time the land will continue to be used as animal grazing land.

The material specified for the new overspill car park will be Netpave. Netpave is a durable plastic porous paving system which is laid in a grid format of 500x500x50 per paver and are simply connected by lugs and slots. The proposal will adopt two systems from Netpave. Firstly the main grid system used to the car park will be Netpave 25, which can be laid directly on top of the grassed area. Once the pavers have been installed the surface can be driven on immediately. This surface will improve vehicular traction and prevent rutting.

The second system will be Netpave 50 and this will be laid to the entrance of the car park only and filled with gravel, this system will involve a small amount of excavation with a sub base laid prior to installing the Netpave.

Policy Context

The estate is set within the Green Belt as allocated in the Unitary Development Plan. Wentworth Castle and Stainborough Park form a Conservation Area and the gardens and park are Grade I on the ‘Register of Parks and Gardens of Special Historic Interest’. The main building carries a Grade I listing.

Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations.

The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation.

NPPF

The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise.

In respect of this application, relevant policies include:

Core Principle 1: Building a strong economy – The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system.

34 Core Principal 3: Supporting a prosperous rural economy: supports sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors, and which respect the character of the countryside.

Core Principle 7: Requiring good design - The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, indivisible from good planning, and should contribute positively to making places better for people.

It is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes.

Core Principal 9: Protecting Green Belt Land: When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green belt by reason of inappropriateness, and any other harm, is clearly outweighed by considerations.

Core Principal 11: Conserving and enhancing the natural environment: Planning should aim to protect and enhance valued landscapes and minimise impacts on biodiversity

Core Principal 12: Conserving and enhancing the historic environment: Aims to sustain and enhance the significance of heritage assets and putting them to viable uses.

Core Strategy

Core Strategy Policy 29: Design Principles – sets out the overarching design principles for the borough to ensure that development is appropriate to its context. High quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, and contributes towards creating attractive, sustainable and successful neighbourhoods. The Council will seek to ensure that development improves what needs improving, whilst protecting what is good about what we have. Design that reflects the character of areas will help to strengthen their distinctiveness, identity and people’s sense of belonging to them. This policy is to be applied to new development and to the extension and conversion of existing buildings.

Core Strategy Policy CSP 34 sets out the principles of protecting the character and openness of the Green Belt

Core Strategy Policy 30: The Historic Environment – positively encourages the management, conservation and enjoyment of Barnsley’s historic environment.

Core Strategy Policy 26: new Development and Highway Improvement – Seeks to ensure that new development will be expected to be designed to provide safe, secure and convenient access for all road users.

Core Strategy Policy CSP 21 encourages a viable rural economy by allowing development in rural areas that supports tourism, recreation or the diversification of existing rural businesses

Policy CSP20 promotes tourism and encourages the growth and development of cultural provision

35 Consultations

English Heritage – No comments received

Garden History Society – No objections

Stainborough Parish Council – Support the proposal in principle of its tourism draw however raise concerns regarding the high levels of traffic through the crossroads. The Parish Council feel that further measures are necessary, over and above the improvements outlined in the Highways & Engineering – Traffic survey of 11th October 2012.

The original proposals for access to the Wentworth Castle Gardens included for improved sight lines at the crossroads for traffic approaching via Gilroyd Lane so that an improved view was given down both Round Green Lane and Lowe Lane. While the improvements were made along Lowe Lane no changes were made on the Round Green Lane side and the junction still has extremely poor visibility in this direction.

In view of the recent accidents and the increases in traffic through this junction the Parish council feel that improvements to the sight line along Round Green Lane should be completed prior to the planning consent for the overspill car park being granted.

Highways DC – No objections

Drainage – No objections

Yorkshire Garden Trust –Support the location of the car park but have raised concerns with regards to the design and the lack of integral landscaping.

Forestry Officer – No objections

Conservation – No objections

Representations

5 letters of objection have been received raising the following concerns:-

• Improvement works to crossroads never completed • A number of accidents have occurred – due to visitors to Wentworth Castle not familiar with the area. • Increase in traffic movements due to an additional 300 parking spaces. • The site is within 500 metres of a Great Crested Newt habitat • Disproportionate increase in car park size from 190 spaces to 490. • Impact on open landscape and visual detriment of 300 cars parked on what is a pleasant agricultural field.

A number of objectors have raised the crossroads has an issue and that the junction is an accident black spot with numerous accidents occurring.

36 Assessment

Material Consideration

Principle of development Design and layout Residential Amenity Ecology Trees Highway Safety

Principle of development - The site forms part of a field used for grazing and is within the Green Belt. The proposed car park is considered to facilitate an existing tourist facility which provides recreation for the local community.

The NPPF as with previous Green Belt policy states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Whilst the NPPF doesn’t provide specifically for works related to tourist facilities/heritage assets to be classed as appropriate development it does state that outdoor recreation facilities that preserve the openness of the Green Belt are appropriate. This proposal would facilitate the use of a tourist facility which provides leisure and recreational facilities given people can walk through the gardens. In addition the works involved would mainly consist of construction within the ground itself which would not be of detriment to the openness of the Green Belt. As such there are similarities to the type of facilities considered as appropriate for outdoor recreation.

The car park proposed is an overspill facility to be used when demand sees fit only on a temporary basis, with the applicants stating use for a maximum of 28 days in any 12 month period. The size of the car park is determined by large site occupancies for key events – such as bank holiday weekends and bonfire night, however steady growth of visitors on site of almost 8,000 per year recently, results in busy weekends – and periods of exceptionally good weather also requiring additional spaces. It should be noted that the creation of an overflow visitor capacity is crucial to the creation of a successful business plan for the Trust ensuring its long term viability.

The applicants thus put forward that the overspill facility for events and weddings is essential for the long term longevity of the tourism facility. This combined with the temporary nature of the use of the car park, its design which should allow grass to grow through and disguise its formation, and its connection to a tourism use are considered to be very special circumstances to justify the principal of the proposal in this location.

Design and layout - The car park has been designed as a gridding system to reduce its visual impact and allow the farmers sheep to continue to graze on the field when it is not in use. The grid work also allows grass to grow threw it which will leave the section of the field resembling the rest of the grazing land. The main construction element is to erect a cattle grid to the southern section linking the overspill car park to the road with a fence and gates across the entrance.

The proposals originally met with an objection from the Yorkshire Garden Trust in terms of the car park design which they consider unsympathetic in a Grade I park whereby they felt the car park should take on a much more organic approach with a small copse in the centre and hedgerows depicting boundaries. Following this advice the plan has been amended to provide two areas of planting to the centre of the car park and a further two to the east of it.

I am therefore of the view that the proposed design succeeds in retaining the land for grazing and allowing grass to grow through, which will allow its use for a minimum period annually without significantly prejudicing the visual impact of the Green Belt and wider Parkland. The applicants have taken on board the advice from Yorkshire Garden Trust with the introduction of some additional tree planting, without redesigning the car park to a more permanent scheme. The proposal therefore complies with policies CSP29, CSP30 and CSP34 of the Core Strategy.

Residential Amenity - The northern edge of the car park is located some 60 metres from the boundary with the nearest property – Quarry Cottage located across the remainder of the field to the North west lying on Lowe Lane. Given the proposals design in utilising a gridding system which will not materially alter the visual perspective of the landscape and the temporary use outlined for the car park I do not consider that any significant impact will occur on residential amenity.

Ecology - The proposal mainly consists of the insertion of Netpave into the ground. Given that there will be no built form on top of the ground, apart from the fencing and gates, which could be erected under permitted development, the scheme will not affect any bats or birds in the vicinity of the site.

There are however, two ponds within the grounds of Wentworth Castle which are potentially breeding habitats for Great Crested Newts. Great Crested Newts are European protected species, as set out in The Conservation of Habitats and Species Regulations 2010 which requires Local Planning Authorities to have regard to the requirements of the Habitat Directive when considering planning applications. Circular 06/05 also indicates that the presence of protected species is a material consideration if a development proposal would be likely to result in harm a protected species or its habitat.

It is an offence to deliberately capture, injure or kill or disturb protected species or destroy a breeding site or resting place of such species. Any proposed development that is likely to affect a protected species or its habitat therefore also requires a licence from Natural England. A licence would not be granted unless Natural England is satisfied that there is no satisfactory alternative to the development proposed and the action authorised will not be detrimental to the maintenance of the population of the species concerned.

In this case the applicant has referred to an ecology survey that was carried out for the full estate in 2010 as part of planning application 2010/1485 for a conservatory on the main building. This survey identified two potential breeding habitats for newts on the estate, being the Keeper’s pond and The Serpentine. The proposed conservatory was within 500m of both of these sites but it was accepted at that time that as they were in the process of obtaining a licence from Natural England, a suitable condition would suffice to protect the impact on the protected species. With this application, the site is outside the 500m zone of the Keepers pond but is within the 500m zone of The Sepentine., The works involved with this application are substantially less than what was involved with the conservatory and the applicant has stated that their ecologist is currently in discussions with Natural England about obtaining the necessary licence. On this basis it is considered that a similar worded condition to that imposed on 2010/1485 is suitable and would ensure adequate protection of the Great Crested Newts.

Trees - The tree officer has examined the proposals, and further information pertaining to the excavation and construction of the cattle grid area, and is considered satisfactory without causing significant damage to the adjacent root areas of trees.

Highway Safety - The car park intends to provide a robust overspill solution to meet the tourism attractions increased demands from both events and weddings and the increasing popularity during warm summer bank holidays primarily. The applicants have stated that they do not anticipate the overspill car park to be used on more than 28 days annually and a condition is recommended to ensure this is kept to.

The proposal has been assessed by the highways section who are happy with the scheme set forward. Given the concerns raised by the Parish Council they have been able to confirm that all the Section 278 (Highways Act, 1980) works have been carried out to the junction that was approached via Gilroyd Lane. The issue of land purchase for improvements to the left (on exit from Gilroyd Lane) was addressed by constructing a "build out" to the right, on Lowe Lane. No other works are programmed.

A travel plan has been submitted in support of the application, which includes a site audit and full staff travel survey. Opportunities have been identified to work with the adjacent Northern College, and to improve green transport measures. A range of improvements to staff and visitor information have also been identified. Notwithstanding this, it is noted that leisure trips often exhibit high vehicular occupancy rates (and thereby generate lower than average single occupancy trips) and as such, the current use of attraction as a whole conforms to the DFT objective of minimising single occupancy vehicle trips.

The highways Section do not consider that the scheme proposed, given its use and the current access facilities into the site, would be of detriment to the free flow of traffic and as such the scheme is not considered to be detrimental to highway safety.

Conclusion

It is considered that the applicants have put forward sufficient justification that the overspill facility for events, weddings and busy bank holiday periods is essential for the long term longevity of the tourism facility, and its economic prosperity for the borough. This combined with the temporary nature of the use of the car park and its design which should allow grass to grow through and disguise its formation are considered special circumstances and as such approval of permission is recommended.

Recommendation

Grant subject to:-

The development hereby permitted shall be begun before the expiration of 3 years 1 from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2 The development hereby approved shall be carried out strictly in accordance with the amended plans (Nos 7090 (04) 201b and 7090 (94) 010.) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with Core Strategy Policy CSP 29, Design.

3 Prior to the commencement of any operations at the site, which have the potential to injure or kill great crested newts or damage their habitat, a license must be obtained from Natural England. This will consist of a method statement and reasoned statement of application. The method statement will provide details of the survey, impacts and proposed mitigation strategy. The method will usually require the trapping of any great crested newts in the area where terrestrial habitat is to be affected, and the maintenance of temporary amphibian fencing (TAF) around the site during vegetation clearance and building works. As both small and medium sized populations are present, up to 60 days trapping in the affected area will be necessary (English Nature, 2001). Trapping can only be undertaken during the active season of mid March to October. The details shall also be agreed in writing by the Local Planning Authority. Reason: In the interests of Ecology and to ensure the protection of a protected species.

4 The use of the application site as a car park hereby permitted shall be utilised as such for a maximum of 28 days in any calendar year. Reason: In the interests of the amenities of local residents and the visual amenity of the Green Belt in accordance with Core Strategy Policies 29 Design and 34 Green Belt.

5 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which die within a period of 5 years from the completion of the development, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with other of similar size and species. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.

6 The measures outlined in the Travel Plan dated December 2012 by URS shall be implemented, monitored and reviewed through the lifetime of the use of the proposed car park. Reason: In the interests of highway safety in accordance with Core Strategy Policy CSP 26.

40 Stainborough House 93.8m

El P LOWE LANE

Woodside Cottage

108.7m

116.1m

Water 130.5m Cattle Grid

Quarry Cottage

145.1m

St eeple Cot t age Coronation Wood

Nursery Cottage ETL St eeple Old Estate Office El P Lodge Garden House 160.0m

Tanks

Track Tank

160.9m Play Area Home Farm 161.5m

2013/0078 – Formation of overspill car park, Wentworth Castle, Lowe Lane, Stainborough

Ref 2013/0161 & 2013/0162 Applicant: BMBC Highways Description: Alterations and installation of new steps to existing public entrance onto Lancaster Gate. (Applications for Full Planning Permission and Listed Building Consent) Site Address: Barnsley Town Hall, Church Street, Barnsley, S70 2TA

Site Location and Description

Barnsley Town Hall is one of the town’s major landmark buildings, constructed from white Portland Stone it occupies a commanding position fronting onto Church Street. The site is within the heart of the town centre and is situated within the Regent Street/ Church Street/ Market Hill Conservation Area. The Town Hall was recognised for its architectural and historic interest in 1986 when it was awarded the status of Grade II listing. The Town Hall play as an active role in the Governance of Barnsley, and from May 2013 it will also be home to the Experience Barnsley Museum. The building has recently undergone a comprehensive renovation scheme.

The works proposed relate to the buildings Lancaster Gate Entrance, which is the main public and only accessible, entrance to the building. It has a rather unassuming appearance, comprising of a wooden automatic door accessed from a ramped access facing onto St Marys Place. The ramp is protected by a series of stone (Portland) piers inset by steel railings.

The former car park to the building is currently being redeveloped as a strategic area of public realm. This comprises of new formal gardens with enhanced soft and hard landscaping works. The gardens will complement wider regeneration of the town centre as well as the Experience Barnsley project.

Proposed Development

The application has been made for full planning permission (and Listed Building Consent) for alterations to the existing entrance including the installation of new steps. The proposal seeks to raise the profile of the Lancaster Gate Entrance. The existing ramp would be retained to ensure that accessibility is not compromised but the railing adjacent to the entrance would be removed to allow free unrestricted access onto a series of new steps linking to the new public realm works. In addition to these works three post mounted banner signs are proposed either side of the entrance. The design and appearance of these signs will be subject to a separate application for advertisement consent. Listed building consent is however, currently sought for the mounting of three stands to the building. The subsequent banners which will be applied for will act as an advertisement to the Experience Barnsley museum.

Policy Context

Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy, associated Supplementary Planning Documents, saved Unitary Development Plan policies and associated Supplementary Planning Guidance Notes. The Yorkshire and Humber Regional Spatial Strategy May 2008 continues to form part of the development plan but the Government’s intention to abolish Regional Spatial Strategies is a material consideration.

The Council has begun consulting on Revised Preferred Options for the Development Sites & Places Development Plan Document, which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation.

42 Core Strategy

CSP26 – New Development and Highway Improvement – New development will be expected to be designed and built to provide safe, secure and convenient access for all road users.

CSP29 – Design – High quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley. Development should enable people to gain access safely and conveniently.

CSP 30 – The Historic Environment – Development which affects the historic environment and Barnsley’s heritage assets and their settings will be expected to protect or improve the character and/or appearance of Conservation Areas.

CSP 31 – Town Centres – Support will be given to maintaining and enhancing the vitality and viability of Barnsley Town Centre.

NPPF

In respect of this application, relevant policies include:

Design paragraph 58 Healthy Safe environment paragraph 70 The Historic Environment para’s 131, 132 & 137

Consultations

Civic Trust: Supportive of the scheme.

Conservation: Consider that it will provide an improvement to the public entrance and overall visitor experience of visiting the Town Hall.

English Heritage: No objections, supportive of the proposals.

Representations

The application has been advertised by way of a site and press notice. No letters of representation have been received.

Assessment

Principle of development - A large part of the Town Hall will shortly accommodate the Experience Barnsley museum. This will be the first museum dedicated to the life and times of the Borough and its inhabitants. In conjunction with the works to facilitate the creation of the museum the Town Hall has also been subject to a comprehensive internal and external refurbishment, which has seen the internal space remodelled, windows replaced and the external façade cleaned. In addition the former car park along Sackville Street is currently being redeveloped as a strategic area of public realm (Town Hall Gardens), in brief this comprises of formal soft and hard landscaped areas set around a central cascading water feature.

Core Strategy Policy CSP30 positively encourages the management, conservation and enjoyment of the historic environment. The proposed works are designed to enhance the existing entrance onto Lancaster Gate, to improve the visitor experience to the Town Hall and provide a direct link to the future Town Hall Gardens. The principle of the building’s refurbishment has already been established on previous planning applications. The proposed works would further complement the works already secured/being completed, subject to careful considerations to the design and materials the principle of the development is one that can be supported. However, in recognition of the Town Hall being owned by the Council and its listed status the Council will have to defer approval to the Local Government Office.

Design & Visual Amenity - The current entrance has a rather unassuming ‘back door’ appearance, this is not really appropriate to fulfilling a role as the primary entrance to the Experience Barnsley museum which will be a major visitor attraction within the town.

The proposal put forth is a simple one, with the aim to raise the overall profile and standing of the Entrance. Prior to the submission of the application a detailed appraisal was undertaken of the various design options available. The chosen design was brought forward in line with the recommendations of the Conservation Officer; it takes a simple form whereby a total of eight steps would be introduced, from the entrance to the Town Hall Gardens. The steps would be constructed from natural stone and would be set out to create a wide angle of approach from the Town Hall Gardens. A simple hand rail to match the existing rails around the building would be included to ensure an open and transparent view.

York stone has been identified as the principle construction material for the steps. This has been chosen in recognition of this being a principle material for the public realm works which are being undertaken to the Town Hall Gardens.

In addition to the new steps a total of three poles would be set against the existing Portland Piers located at the entrance. A separate application for advertisement consent will be sought for the display of the actual banners from these poles, the design of which has yet to be agreed. With regard to the poles themselves, and their collective impact upon the setting and character of the listed building, the design is considered to be consistent with that of other furniture within the vicinity. The location and siting has also been carefully chosen to ensure they would be symmetrical to the vertical emphasis of the buildings windows lines and columns. Their siting would therefore provide a desirable consistency across the façade of the entrance.

The materials and design of the steps are considered to be an enhancement to on-going improvement works which importantly is consistent with the character of the listed building. It is clearly demonstrated that the steps will create a much needed key focal point to the Lancaster Gate public entrance. As such the application is welcomed and the proposals are considered to be fully compliant with the provisions of Core Strategy Polices CSP 29, 30 & 31.

Highways - The works being undertaken to the Town Hall gardens includes improvements and alterations to the existing vehicle access arrangements. With regards to pedestrian access, apart from a more direct access being provided to the gardens, the existing arrangements would be unaltered with the entrance also being served with a ramp. In recognition of this and the above the application is considered to accord with policy CSP26, in that highway safety would not be compromised.

Conclusion

English Heritage have been consulted on the applications and have not raised any objections to the proposals. They have indicated that the decision should be issued in accordance with the specialist advice of the Council Conservation Officer who have acknowledged their full support to the proposals.

It is considered that the proposals would provide a direct link to the enhanced public realm works, enhance the entrance to the forthcoming museum contributing to heritage and cultural regeneration objectives.

Recommendation

2013/0161

Grant: Subject to referral to Planning Casework (Former Local Government Office)

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2 The development hereby approved shall be carried out strictly in accordance with the amended plans (Nos. HD/BP2/NL/ES3 & HD/BP2/NL/ES1 Revision B) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with Core Strategy Policy CSP 29, Design.

3 No development shall take place until full details of the proposed external materials (including pole mounted banner signs) have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 29, Design.

45 2013/0162

Grant: Subject to referral to Planning Casework (Former Local Government Office)

2 The development hereby approved shall be carried out strictly in accordance with the amended plans (Nos. HD/BP2/NL/ES3, HD/BP2/NL/ES1 Revision B) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with Core Strategy Policy CSP 29, Design.

3 No development shall take place until full details of the proposed external materials (Including the pole mounted banner signs) have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 29, Design.

46 10

ST MARY'S GATE 8

118.9m 1

College of Art 6 Warehouse 31 and Design 7

29 6a Dow Barnsley College Passage

23 to 27 Bank 110.9m ST MARY'S PLACE 4 Car Park Masonic Hall

Magistrates' SADLER GATE TCB

Court 2 Permanent Building

Westgate House

Court House 10 8

107.0m

5 War Memorial 3 Town Hall 17 116.7m 19

TCB

13 LB Bank Regent Court 11 Posts

PH 120.7m LANCASTER GATE TCBs Library

Offices

Govt Ps 1 GEORGE YARD

105.2m 6

8 18a 13 20 Exchange 15 The Buildings

13a 18 30 2 Shambles

17 (PH) 1 The Arcade

32 Three Travellers 1

3 115.2m 36

The 36a 22 (PH) Yorkshire House MARKET HILL

(Government Offices)

38 Bank

STREET 44 42 7

46 to 56 to 46 Dog Lane SHAMBLES 36b

9 TCB Ramp GRAHAM'S ORCHARD Bank Car Park

PH 11 Ramp 13 Bank

Sloping Masonry

El Sub Sta 7

Bank 19 10 99.4m

PEEL PARADE 4 5 27

35 Bank 37

11 6

Bank PH 2013/0161 Description: Alterations and installation of new steps to19 existing public entrance 1onto Lancaster Gate. (Applications for Full Planning Permission and Listed Building Consent) Site Address: Barnsley Town Hall, Church Street, Barnsley, S70 2TA

2012/0980 Mr & Mrs Low Change of use of detached agricultural building to ancillary domestic use in connection with existing dwelling Huthwaite Bank Farm, Old Mill Lane, Thurgoland, Sheffield, S35 7EG

One letter of objection and an objection from a local ward councillor.

Background

The property was originally a small holding, with a small 2 up 2 down dwelling adjacent a stone barn and further brick pig sty building. Since then the building has been extended and the barn incorporated as an extension and the pig sty has been converted to a garage.

In 2002 a planning application was submitted for the erection of a livestock building on land to the rear of Huthwaite Farm under planning reference B/02/0931/PR. The application was for an agricultural building measuring 9 metres by 18 metres with a 1.5 metre high wall in stone and render, with the remainder of the walls and the roof to be brown sheet cladding. An agricultural appraisal was prepared by a qualified consultant to show the building was necessary based on the applicant developing a suckler herd and the building being required for housing livestock during winter and inclement weather, and for calving. The application was approved in 2003 but with the following condition imposed:

“Where the building hereby permitted is no longer required for the purposes of agriculture, it shall be dismantled, removed from the site and the site shall be restored to its original condition”

A number of complaints were received in 2006 and 2007 but the at that time the Council investigated the complaints but considered that, although the structure had been built entirely with stone walls and a tiled roof, that it was still considered to be acceptable in terms of its form and use and as such it wasn’t considered expedient to take any formal enforcement action.

In response to a further complaint in 2011 the Council again investigated and commented that the building continued to be used by a local farmer, primarily for the storage of agricultural equipment and occasional shelter of animals, and as such no further action was necessary.

Site Location and Description

The site relates to an existing detached agricultural building located to the north of the existing property – which was given permission in 2003. The building was constructed in stone with a tiled roof. The building lies to the north of the existing garage and access, with an open field to the west separated by fencing from the building.

Proposed Development

Permission is sought to change the use of the building from agriculture to ancillary domestic use in connection with the existing dwelling. The applicant has stated that it would be used for a mixture of domestic storage, garaging, storage of garden implements, and home office use. They have stated that it would not be used as a separate dwelling or a separate commercial use.

The applicants argue that the building is no longer required for agricultural purposes and given its structurally sound permanent construction they seek approval to incorporate it as additional domestic space.

Policy Context

UDP – Green Belt

NPPF

In respect of this application, relevant policies include:

Core Principle 7: Requiring good design - The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people.

49 Core Strategy

Core Strategy Policy CSP 34 sets out the principles of protecting the character and openness of the Green Belt

Consultations

Highways DC – No objections

Representations

One letter of objection has been received, supported by Councillor Barnard, which raises the following concerns:-

• Building does not resemble original permission – obviously a much grander structure, and built in much more permanent materials. • The building was always intended to be a domestic extension and despite a condition asking for its removal when no longer required for agriculture the building still remains and an application to convert it submitted. • This application opens the door for a future application as a separate dwelling.

Assessment

Material Consideration

Principle of development Design and Visual Amenity Residential Amenity Highway Safety

Principle of development - The site is within the Green Belt and the erection of buildings for agricultural use is by, definition, usually classed as appropriate development. Hence the building originally complied with Green belt policy. From evidence taken from the investigations from the site it would appear that the building has been used for agricultural use albeit the structure itself was not built in exact accordance with the original planning permission.

There are no longer any livestock on the land and it therefore no longer operates as a small farm holding. The applicant states that the building is no longer required for agricultural and as such they are applying to use it as additional domestic space ancillary to the host property. Whilst a new building for residential use would be considered inappropriate development in the Green Belt the fact that the building had been built, approximately 10 years ago, and used for agricultural purposes, means it would be appropriate to consider the proposal as a conversion. The NPPF does state that “the re-use of buildings provided that the buildings are of permanent and substantial construction” would be considered appropriate development in the Green Belt. Given the buildings non temporary form and proximity to the host property conversion is acceptable in principle.

It is acknowledged that the original approval in 2002 had a condition on stating that the building should be removed if it was no longer required for agricultural purposes. This is an unusual condition as it unnecessarily restricts the potential re-use of buildings to other purposes which may be acceptable in the future and as such is not one that is seen as reasonable to impose on an application. As such it would be difficult to use this as a reason to refuse the application.

Design and visual amenity - The proposed change of use does not result in any external alterations to the building and as such is considered in accordance with policies CSP29 and 34 of the core strategy. The main material used, stone, is considered to be in keeping with the rural area and the proposal would not result in any greater impact on the openness of the Green Belt than presently exists.

Residential Amenity - Given the building is existing and has been in place since 2003, I do not consider that the change of use will result in any adverse detrimental impact on adjacent residents. Given the existing property is detached and the building in question is not located in close proximity to any adjacent properties there is not considered to be any resultant detriment from its ancillary domestic use.

Highway Safety - The building is to be used as ancillary domestic space in association with the host dwelling and as such no additional vehicular traffic or parking is required and the existing access and parking arrangements are considered suitable.

Conclusion

Whilst the building was originally intended for agricultural use and used as such, that use is no longer required and although condition 2 of the original permission required the building to be removed once the agricultural use ceased, it is not considered reasonable to seek to demolish a structurally sound building if another acceptable use can be found for it..

Given the buildings close proximity to the dwelling and its permanent construction its retention does not result in any greater detriment to the Green Belt, appearance of the locality, residential amenity, or highway safety. As such approval is recommended subject to a condition tying the building as ancillary use to the host dwelling only.

Recommendation

Grant subject to:-

2 The use of the building is solely for ancillary domestic use in association with Huthwaite Bank Farm and shall not be used as an independent dwelling or for any commercial or business purposes. Reason: To ensure the building is only used as ancillary domestic use and not as a separate unit to preserve the openness of the Green Belt in accordance with CSP 34.

52 St Gennys

Franeth

ORMSBY CLOSE

Woodlands

18 14 16

Huthwaite Quarry

Oak Inglenook Lea Rivelin

Riverside Lodge 49 Highfield House Tilt Cottage Huthwaite Bank Farm Tr out Beck Huthwaite Farm Mill Avalon Race 170.2m 168.8m Spring Bungalow Weir

Greenmoor Quarries (disused)

The Old Wire Mill Furnace Cottage Water Wheel Cottage Waterfall Cottage

Spring Weir River Don Weir Stepping Stones

Well Hill

183.7m

2012/0980 – Change of use of detached agricultural building to ancillary domestic use in connection with

existing dwelling, Huthwaite Bank Farm, Old Mill Lane, Thurgoland, Sheffield

2013/0082 Darfield and Mitchell Bowling Club Erection of 1.8 m high green powder coated paladin boundary fencing and 1 m high fencing increasing to 1.8m above existing stone wall facing Roy Kilner Road to Bowling Club. Darfield and Mitchell Bowling Club, Roy Kilner Road, Darfield, Barnsley.

This application is before Members as it is a Council application.

Site Location and Description

The Mitchell and Darfield Bowling Club is located on the western side of Roy Kilner Road, Wombwell opposite residential dwellings. The bowling green is elevated from the highway and bounded by a 1m stone wall adjacent to the highway and open along the other boundaries.

Proposed Development

The applicant seeks permission to erect 1.8m high paladin fencing, powder coated green, to enclose the existing bowling green along the south western, north western and north eastern boundaries. It is also proposed to install paladin fencing above the existing stone wall along the south eastern boundary fronting onto Roy Kilner Road which is to measure 1m in height adjacent to the southern corner increasing to a height of 1.8m adjacent to the eastern corner.

Policy Context

Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy, saved Unitary Development Plan policies and The Yorkshire and Humber Regional Spatial Strategy. The RSS continues to form part of the development plan but the Government’s intention to abolish Regional Spatial Strategies is a material consideration. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations.

Core Strategy

Core Strategy Policy CSP 29 sets out the overarching design principles for the borough to ensure that development is appropriate to its context. The policy is to be applied to new development and to the extension and conversion of existing buildings.

Core Strategy policy CSP 26 ‘New Development and Highway Improvement’ states that new development will be expected to be designed and built to provide safe, secure and convenient access for all road users.

SPDs/SPGs

SPD ‘Parking’ – sets out the parking requirements for all types of development.

54 NPPF

In respect of this application, the policies above are considered to reflect the 4th Core Principle in the NPPF, which relates to high quality design and good standard of amenity for all existing and future occupants of land and buildings.

Consultations

None

Representations

Neighbour notification letters were sent to surrounding properties and 1 letter of support was received.

Assessment

Principle of development - The erection of fencing is acceptable in principle where it would maintain residential and visual amenity and where highway safety would not be compromised.

Visual Amenity - The proposed fencing is powder coated green and will be viewed against the back drop of the bowling club with the paladin fencing allowing light and views through and as such is it considered that it would not result in a prominent or a visually intrusive feature in the street scene. It is acknowledged that the proposed fencing would be higher in the northern corner than at the southern corner due to slope of the highway south to north. However, the difference in height of 0.8m would not be prominent as this difference would be gradual over a 50m distance.

It is therefore considered that the proposed fencing at the bowling club would not have a detrimental impact on the character of the street scene and is considered acceptable.

Residential Amenity - The fencing would be located opposite the residential dwellings located on Roy Kilner Road. However there is a 21m gap and a highway in between. Furthermore the paladin fencing proposed is relatively unobtrusive as it is a mesh construction which allows light and views through it, and as such would not reduce residential amenity to an unreasonable degree.

Highway Safety - The proposed fencing is to enclose the existing bowling green and does not directly affect any vehicular access to the highway. As such it is therefore considered that highway safety would not be compromised.

Recommendation

Grant subject to:-

2 The development hereby approved shall be carried out strictly in accordance with the plans (Drawing number 001 and location plan) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.

BARNSLEY ROAD 46

43.6m 58 BARNWELL

Aldham Cottages

7 CRESCENT 1 6 44

Aldham 28 Cottages

Garage

Mitchell and Darfield Social Club

43.6m 243

Bowling Green

ROY KILNER ROAD 11a

Playing Field 15

10 11

SADLER'S 25 6 GATE

28 40

GROVE

2013/0082 - Erection of 1.8 m high green powder coated paladin boundary fencingROSE and25 1 m high fencing increasing to 1.8m above existing stone wall facing Roy Kilner Road to Bowling Club Darfield and Mitchell Bowling Club, Roy Kilner Road, Darfield, Barnsley.

ROY KILNER ROAD Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA10002264

2013/0085 Mr Andie Nixon Fell Ash Tree T1 within TPO 1/1951. Cannon Hall Country Park, Bark House Lane, Cawthorne Barnsley, S75 4AR

This application is before Members as the Council is the applicant No objections have been received

Description

The tree is a large mature Ash situated in a highly prominent location adjacent to the hump back bridge on Bark House Lane, within the Cannon Hall Country Park. The tree offers significant amenity value to the area, however unfortunately the tree is now in a very poor condition and has a large vertical split down the full length of the trunk, is suffering from large areas of decay and has a large number of fungal fruiting bodies. The tree has also lost a number of limbs which, due to its location adjacent to the main entrance to Cannon Hall, now poses a health and safety risk.

Proposed Development

The applicant seeks permission to remove the Ash tree as the tree is in very poor condition with large splits and major areas of decay present and is a health and safety risk. It is proposed to replace the tree with an Oak tree.

Policy Context

The statue law on TPO’s is in the Town and Country Planning Act 1990 and in the Town & Country Planning (Tree Preservation) Regulations 2012.

Primarily the aim of making a TPO is to protect the amenity value of the tree or trees. Local Planning Authorities may make a TPO if it appears to them to be: 'expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area'.

The Act does not define 'amenity', nor does it prescribe the circumstances in which it is in the interests of amenity to make a TPO. Normally trees should be visible from a public place e.g. road or footpath for a TPO to be made but the courts have decided that trees should be protected for “pleasure, protection and shade they provide”. Taking this into account trees should be considered for other aspects of amenity that they provide other than visual amenity.

Government advice and guidance available on the administration of TPOs, is:- ‘Tree Preservation Orders: A Guide to the law and Good Practice’ 2000.

This guidance states that ‘Local Planning Authorities (LPAs) must include in their plans land use and development policies designed to secure the conservation of natural beauty and amenity of the land. Plans should not, however, include policies which are unrelated to the development or use of land. They should not therefore include the LPA's policies for deciding applications for consent under a TPO; but they should include policies on measures that the LPA will take, when dealing with applications to develop land, to protect trees and other natural features and provide for new tree planting and landscaping.’

58 In deciding an application the LPA’s are not required to have regard to the development plan. Section 54A of the Act, 88 therefore, does not apply to the LPA's decision, which means that there is no general duty on the LPA to make their decision in accordance with the development plan.’

Consultations

Tree Officer – Approve subject to conditions

Representations

None received

Assessment

In line with good practice, primarily the aim of making a TPO is to protect the amenity value of the tree or trees. In considering TPO applications the LPA is advised:

(1) to assess the amenity value of the tree or woodland and the likely impact of the proposal on the amenity of the area, and

(2) in the light of their assessment at (1) above, to consider whether or not the proposal is justified, having regard to the reasons put forward in support of it.

Visual Amenity - The tree is a large mature Ash tree situated in a very prominent place next to the road, and as such has extremely high amenity value. However as described in the application documents the tree is in very poor condition with large splits and major areas of decay present. The tree is also playing host to several species of decay fungi. The tree has been retained as long as possible however, due to its location next to the busy road; it is recommended that this application be approved for health and safety reasons.

In order to provide improved visual amenity should the application be approved, it is recommended that the tree is replaced by an English Oak within 5m of the site of the tree to ensure tree cover is maintained in order to preserve the character of Cannon Hall Country Park.

Recommendation

Grant subject to:-

1 The proposed tree works should be completed within 2 years of the date of this consent. Reason: To ensure that adequate notice is given for the works to be inspected and approved by the Local Planning Authority.

2 Not less than five working days notice of the date of the proposed work shall be given in writing to the Local Planning Authority and the tree surgery shall be carried out to the standards set out in BS3998. Reason: To ensure the work accords with good arboricultural practice.

3 Within the first planting season the Ash tree shall be replaced by a new Oak (Quercus robur). This shall be planted within 5m of the removed tree.

Specification: Heavy Standard tree (stem diameter 10-12cm) shall be planted and affixed (with flexible tree ties) to a tanalised tree stake (minimum diameter 75mm) at a height of no more than 1m above ground level. In order to aid establishment a suitable mulch shall be applied (e.g. semi-composted woodchip to a minimum depth of 75mm) around the tree to a radius of 1m. The tree shall be watered immediately after planting then whenever required to ensure successful establishment. Within two weeks of planting the Local Authority Tree Officer shall be informed and invited to inspect the new tree. The new tree shall be subjected to a Tree Preservation Order in replacement of the felled trees. Any tree which fails to become established within 5 years from planting shall be replaced with another tree of the same original specification. Reason: In the interests of the visual amenities of the locality.

60 Pond

Car Park

Weir

Cascade Bridge FB

89.3m Mill Weir

BARK HOUSE LANE

Mill Dam

2013/0085 - Fell Ash Tree T1 within TPO 1/1951, Cannon(um) Path Hall Country Park, Bark House Lane, Cawthorne

2013/0104 Mr Andie Nixon Removal of 1 no. overhanging branch to Oak Tree (T1) within TPO 1/1953 Hay Green Plantation, Hay Green Lane, Birdwell, Barnsley, S70 5XA

Description

The tree is located within the Hay Green Plantation, situated adjacent to the southern boundary of the site with the highway. The plantation forms a dominant feature within the street scene.

Proposed Development

The applicant seeks permission to remove 1no. overhanging branch of the Oak tree located within the Hay Green Plantation adjacent to the highway.

Policy Context

The statue law on TPO’s is in the Town and Country Planning Act 1990 and in the Town and Country Planning (Trees) Regulations 2012.

Government advice and guidance available on the administration of TPOs, is:- ‘Tree Preservation Orders: A Guide to the law and Good Practice’ 2000.

Consultations

Tree Officer – approve subject to conditions

Representations

Neighbour notification letters were sent to surrounding residents and a site notice posted, no comments have been received.

Assessment

In line with good practice, primarily the aim of making a TPO is to protect the amenity value of the tree or trees. In considering TPO applications the LPA is advised:

(1) to assess the amenity value of the tree or woodland and the likely impact of the proposal on the amenity of the area, and

(2) in the light of their assessment at (1) above, to consider whether or not the proposal is justified, having regard to the reasons put forward in support of it.

62 The works proposed, is to remove one small limb which is overhanging the highway and growing towards the street light and is beginning to interfere with the telephone lines.

The works proposed are appropriate and the pruning should be of no detriment to the tree or the character it provides to the area, yet will prevent any significant issues with the trees arising. There is no objection to works being undertaken on the overhanging portion of the trees as long as the works are in accordance with current British Standards. In this regard it is considered that the works are acceptable

Recommendation

Grant subject to:-

2 Not less than five working days’ notice of the date of the proposed work shall be given in writing to the Local Planning Authority and the tree surgery shall be carried out to the standards set out in BS3998. Reason: To ensure the work accords with good arboricultural practice.

KESTREL RISE 24

Hay Green Plantation 34

128.6m

Primary School HAY GREEN LANE 57 Robin Cottage

24 51 49

Dalton Hay Green Court 131.7m Cottage

45 Hay Green Farm

Heather Cottage

2013/0104 – Removal of 1 No. overhanging branch to Oak Tree (T1) within TPO 1/1953, Hay Green Plantation, Hay Green Lane, Birdwell, Barnsley

64 BARNSLEY METROPOLITAN BOROUGH COUNCIL

PLANNING APPEALS

1ST February to 28th February, 2013

APPEALS RECEIVED

The following appeals have been received during this month

Reference Details Method of Committee/Delegated Appeal 2012/1193 Entrance of front porch and canopy Written Delegated over rear entrance Representation 19/12/2012 Woodhead View, Bank End Farm, Bank Lane, Wortley, Sheffield

2012/1140 Installation of 2 No. 80 kW wind Written Committee turbines on 24.8 m monopole masts Representation 24/01/2013 Land adj Mount Pleasant Farm, Stonebridge Lane, Great Houghton, Barnsley

APPEALS WITHDRAWN

There were no appeals withdrawn during the month of February

APPEALS DECIDED

Reference Details Method of Decision Committee/ Appeal Delegated 2012/0531 Variation of condition 3 of Written Allowed Committee previously approved Representation 13/02/2013 12/09/2012 application 2008/0910 change of use from day nursery (Class D1) to mixed use comprising of a retail pharmacy (A1) to Doctors Surgery (D1) relating to opening hours The Gatehouse, Long Croft, Mapplewell

0% of all Appeals were dismissed for the month of February 2013

18 Appeals decided since April 2012 6 Appeals allowed since April 2012 66.7% of all appeals dismissed since April 2012