Committee Report

Report Precis

Report of the Assistant Director

Planning and Transportation to the

Planning Regulatory Board

Date: 06/03/2007

Doc No

Subject

Town and Country Planning Act 1990 - Part III applications

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.

Information

The proposals presented for decision are set out within the index to the front of the attached report. Applications included under Section A are recommended for approval and conditions are summarised at the end of each application.

Applications listed under Section B are recommended for refusal and the reason(s) for refusal are set out at the end of each application.

Section C include proposals for Council development and sections D and E of the report include consultations by neighbouring planning authorities and miscellaneous items respectively.

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 implications of the Act in the way it administers its responsibilities under the Town and Country Planning Act.

Representations

1 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.

Full report attached for public and press copy (unless Confidential item).

2 BARNSLEY METROPOLITAN BOROUGH COUNCIL PLANNING AND TRANSPORTATION Central Offices, Kendray Street, Barnsley, S70 2TN AS RECOMMENDED

To: The Chairman and members of the Planning Regulatory Board Date:06/03/2007

Town and Country Planning Act, 1990 Part III Applications

Notes

1. Permissions granted with reserved matters (Standard Condition 1) i. Detailed application for approval must be made to the Local Planning Authority not later than the expiration of three years beginning with the date of the grant of this outline permission and

ii. The development to which the permission relates must be begun not later than whichever is the later of the following dates:

a) The expiration of three years from the date of the outline planning permission, or

b) The expiration of two years from the final approval of the reserved matters, or, in case of approval on different dates, the final approval of the last such matter to be approved.

for the following reason:

“In order to comply with Section92(2) of the Town and Country Planning Act, 1990”.

2. Permissions granted without reserved matters (Standard Condition 2)

The development for which permission is hereby granted shall be begun within a period of five years from the date of this permission for the following reason:

“In order to comply with the provisions of Section91(1) of the Town and Country Planning Act, 1990”.

BACKGROUND PAPERS

These are contained within the application files listed in the following schedule of planning applications.

They are available for inspection at the Department of Planning and Transportation, Central Offices, Kendray Street, Barnsley, S70 2TN.

3 SITE VISITS

2006/1631 Page 7

Residential Development of five houses and a two-storey block of ten flats. Land at Lyttleton Crescent, Penistone.

2006/1997 Page 14

Residential development with proposed means of access from Redland Grove (Outline). Land at rear of 290 New Road Staincross Barnsley S75 6GP

2006/2003 Page 19

Development of (use class A1) retail foodstore, market stalls and enclosure, fur and feathermarket buildings and associated access, parking and landscaping. Penistone Market area, St Mary's Street/Market Street, Penistone.

2006/2004 Page 35

Demolition of market stalls, redundant abattoir and cattle market buildings within Conservation Area. Penistone Market Area, St Mary's Street/Market Street, Penistone.

SECTION A - APPROVALS

2006/1575 Page 41

Erection of three turbine wind farm (Environmental Impact Assessment) Land at Hazlehead/Crow Edge, Flint Lane, Sheffield

2006/1753 Page 61

Construction of visitor kiosk, footbridge (across Ha Ha) fencing and tree works and works to stone gate piers and walls. Wentworth Castle, Lowe Lane, Stainborough, Barnsley.

2006/1757 Page 64

Erection of a bungalow for agricultural worker (Outline) Land off Nether House Lane, Langsett, Sheffield

2006/1779 Page 69

Residential Development - erection of 33 dwellings (resubmission) Land adjacent Ladycroft, off High Street, Bolton upon Dearne.

2006/1827 Page 75

Erection of detached dwelling and detached garage Land adjacent 15 Albany Close, Wombwell, Barnsley

2006/1859 Page 79

Residential Development of 54 dwellings Site of adult training centre, St. Helens Way, Monk Bretton, Barnsley.

2006/1894 Page 88

Residential Development of 200 dwellings with associated landscaping and access works Former Yorkshire Traction Site and Vernon Works, Upper Sheffield Road, Barnsley.

2006/2005 Page 99

Demolition of existing buildings, erection of fire station and drill tower, ambulance station, vehicle storage units, perimeter fencing and lighting columns, external works and highway improvements. Land at Sheffield Road, Spring Vale, Penistone, Sheffield.

2006/2093 Page 104

Erection of 18 dwellings and garages Oakdale, Worsbrough Bridge, Barnsley

2007/0025 Page 111

Erection of new boundary walls (Retrospective) Brierley Street and Hastings Street, Grimethorpe, Barnsley

2007/0033 Page 113

Conversion of outbuilding to form 3 dwellings, erection of 6 dwellings and 19 apartments (Revised Scheme) Pheasant Inn/ 88-90 High Street, Dodworth, Barnsley

2007/0038 Page 120

Demolition of existing school and erection of new advanced learning centre (Outline) St Michael's Catholic and C of E High School, Carlton Road, Barnsley.

2007/0062 Page 130

Erection of replacement boundary walls 1-19 and 21-41 Saxon Street, 1-7, 41-47, 49-55 and 2-76 Tudor Street, 2, 4 & 6 Stuart Street, 1-51, 2-50 Windsor Street, 2-52 Norman Street, 1-35 and 2-30 Deightonby Street, 1-33 Hanover Street and 1-5 Dane Street South, 22-36 Saxon Street, 8-30 Stuart Street and 19-35 Dane Street, Thurnscoe, Rotherham

2007/0205 Page 132

Erection of railings above existing boundary wall Wombwell Cemetery, Cemetery Road, Wombwell, Barnsley

2007/0215 Page 134

Erection of a 2 storey rear extension to dwelling 71 Wood Walk Wombwell Barnsley S73 0NB

SITE VISITS

2006/1631 Equity Housing Group Residential Development of five houses and a two-storey block of ten flats. Land at Lyttleton Crescent, Penistone.

SITE VISIT – 6TH MARCH, 2007

Update

This application was taken before the Planning Committee on the 6th February, 2007 and was deferred for a site visit. In the intervening period there have been 4 additional letters of objection which have repeated the concerns in the original report.

The previous report is reproduced as follows:-

Report

28 individual letters of objection Petition of 145 names objecting to the scheme

Background

There have been no previous planning applications at this site of relevance to the determination of this planning application

Site Layout and Description

The site is located at the end of Lyttleton Crescent and abutting open countryside to the west. This application relates to a piece of land of approximately 0.25 ha. The land is mainly made up of a worn down access road providing vehicular access to 4 brick built garages. A number of hardstandings also exist indicating that there were previously more garages on the site although these are now overgrown with grass. The application site also includes a portion of a recreational and fixed play equipment. To the west of the site are open fields whilst elsewhere the land use is predominantly residential.

Proposed Development

The application seeks full planning permission for the erection of a two storey brick built block of 10 flats towards the centre of the site. To the eastern side of the apartment block would be two 3 bedroom semi-detached houses whilst to the western side there would be an additional three properties. The proposed apartment block would have its front elevation facing onto the recreational area. Most of the recreational area would continue to be used although some of its play equipment would be re-sited to accommodate the new development.

Policy Context

The majority of the site is designated as Housing Policy Area within the Council’s development plan. Policy H8A provides guidance on ensuring that living conditions for both existing and potential residents are maintained to an acceptable level. As the proposal is for social housing

7 Policy H5 promotes diversity of dwelling type, size, density, and design particularly where, as here, affordable housing is proposed.

Part of the application site encroaches into the existing play area which is allocated as Urban Greenspace. Approximately 10-15% of the playing field would be taken up by the development. Policy GS34 states that such areas will normally remain open and undeveloped. Proposals for development will be assessed for their effect on the present and potential informal function of the site.

With regards to the impact on Highway Safety Policy T2 will be of relevance. This aims to prevent any adverse impact on the safety and ease of movement of vehicles and pedestrians using the network.

Policy BE6 seeks to achieve good design standards for all types of development.

Consideration would also be given to Supplementary planning Guidance Note 2 – Design and Layout of Residential Development.

Local Development Framework (LDF)

The LDF is a material consideration (as determined by the Planning and Compulsory Purchase Act 2004). The Proposals Map shows part of the site as Green Space with the remainder as within the settlement although not specifically allocated. The LDF is a consultation document and at this stage it carries limited weight as a material consideration.

Consultations

Environment Agency – No objections raised and no conditions recommended..

Neighbourhood Services – Originally expressed concern at the wider implications for the recreational area but following amendments now comment “As it has been possible to accommodate the required access ramp and retaining structures without the need to relocate the major play items… we are content for the project to proceed”

Transportation – Have stated that they have no objections to the principle of the development. Further comments on the details of the scheme, taking into account the amended plans submitted, will be given to Members at the Committee.

Drainage Section –Do not foresee problems with drainage.

Penistone Town Council – Are supportive of the much needed affordable housing scheme but have raised concerns on the grounds of access for emergency vehicles and the reduction in the size of the play area.

Yorkshire Water – No objections raised subject to the imposition of conditions.

Representations

28 individual letters of objection have been received raising a number of concerns. Local residents describe the road network as being narrow, with tight bends and aggravated by the need for residents to park on the highway thereby reducing the effective width. They conclude that the network cannot sustain further development and to do so will lead to congestion with implications for highway safety.

8 This is particularly so for delivery and emergency vehicles. Neighbours have also raised concerns on the following grounds:

• Loss of Green Space and recreational facilities • Proposal out of scale with surroundings • Lack of need for housing

A petition of 145 signatures was received objecting to the application mainly on the grounds of the safety of the planned road layout.

The Penistone Town Council say this type of development is much needed. However, they also point to the deficiencies in the local road network and the problems of access for emergency vehicles. . Assessment

Material Consideration

Principle of development Highway Safety Design and Appearance Residential Amenity Landscaping

Principle of development

This is a proposal by the Equity Housing Group for a small development of affordable housing in an area subject to (relatively) high prices. Policy H5 positively encourages this type of development as a means to promote diversity and meet the needs of disadvantage people. The majority of the site is designated Housing Policy Area within the Council’s Unitary Development Plan. This part of the site consists of a tarmac access road leading to garage plots. As such the land can be classed as brownfield and, with mainly residential uses surrounding, would, in principle, be acceptable for residential us. Provided the qualifying criteria is met additional residential development is acceptable.

The rest of the site infringes on the recreation ground which is designated as Urban Greenspace within the development plan. Policy GS34 states that these areas should remain open and undeveloped. There is a clear presumption against development that loses or reduces a greenspace or compromises its ability to be used as such. The play area contains equipment and an open “kick-about” area. From the letters received from residents it would appear the area is well used and popular with children. However, the play space taken up by the proposal equates to approximately 10-15% of the total area. Since the original submission the applicants have amended the plans to ensure pedestrian access and access for maintenance vehicles. The main play equipment, slide, climbing frame, and swings, will remain in the current position but certain items will be resited to more appropriate positions.

In addition to the above it has to be noted that the application is being put forward on behalf of a social housing group. Policy H5 of the development plan states that the Council will promote diversity of dwelling types within the Borough. In particular affordable housing, in appropriate locations, will be encouraged. The Town Council has indicated that this type of development is “much needed” within this area. It provides an important opportunity for local people growing up in the area to afford to stay in the area at a time when house prices are high. In view of the above it is therefore considered, on balance, that the scheme would not have a significantly detrimental impact on the greenspace area to warrant refusal of the application.

The proposal therefore raises a conflict of policy. On the one hand H5 is a clear expression of support. Against this Policy GS34 seeks to protect areas of Greenspace from development. This is very much a balanced judgement but given that the open space will continue to function, more or less as it does at present, the balance is in favour of the application.

Highway Safety.

Policy T2 of the development plan aims for developments to prevent any significant detrimental impact on the safety and ease of movement of vehicles and pedestrians using the network. Lyttleton Crescent is adequate for two way traffic but parking significantly reduces its effective width making movements around Lyttleton Crescent difficult at certain times. Local residents also appear to use the access track within the application site as a way of traversing from one side of Lyttleton Crescent to the other. However, this track was not meant as a thoroughfare only as an access to the garages. The Council’s Transportation Section have raised no objections to the principle of the development on the basis that the existing highway network can adequately cope with the increase in traffic movements. In terms of parking the applicant has provided 25 spaces which is considered a satisfactory provision. Although it is acknowledged that there are current on- street parking problems on Lyttleton Crescent the adequate level of parking within the site should prevent any significant increase in this problem. As such it is not considered that there is sufficient justification to refuse the application on highway safety grounds.

Design and Appearance

The proposed apartment block and houses would be two stories and constructed in red brick to harmonise with the surrounding properties. In general the overall scale and design is compatible within this established area. Although garden areas to the properties are small they are considered sufficient to provide adequate amenity space for potential occupiers of this form of development.

Residential Amenity

The front of the apartment block would look onto the recreational area whilst the rear would face onto open fields. A distance of approximately 20 metres will be maintained between the front of plots 14 and 15 and the existing property at 19 Lyttleton Crescent. A distance of approximately 25 metres would be maintained between the front of plots 3 and 2 and the property at 1 Lyttleton Crescent. This is considered in line with supplementary planning guidance. Considering the height and positioning of the development it is not considered that there would be a loss of light or privacy to neighbouring dwellings.

Landscaping

The current site has no trees or vegetation on it. The application provides for additional planting within the site that will be concentrated on the rear boundary and on the boundary with the recreational area. However, trees are also indicated to be planted around the proposed dwellings. The addition of greenery breaks up the built form of the development as well as providing attractive visual features to a currently bare site.

10 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 No development shall take place until full details of the proposed external materials 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 UDP Policy BE6, Design Standards.

3 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications received on 23rd January 2007, unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

4 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, unless the Local Planning Authority give written consent to any variation. Reason: In the interests of the visual amenities of the locality.

5 Before the development is brought into use that part of the site to be used by vehicles shall be laid out in accordance with the approved plan and hard surfaced, sealed and drained (and marked out), and shall thereafter be permanently retained for vehicle use. Reason: To ensure that satisfactory off-street parking/manoeuvring areas are provided, in the interests of highway safety and the free flow of traffic and in accordance with UDP Policy T2A.

6 During the period of construction sufficient space shall be set aside within the confines of the site for the parking of site workers and visitors. Reason: To ensure that satisfactory parking is available in the interests of highway safety and the free flow of traffic.

7 Except with the prior written approval of the Local Planning Authority, all site works including deliveries shall be limited to the hours between 0800 hours and 1800 hours on Monday to Friday, 0900 hours and 1700 hours on Saturdays, and not at all on Sundays and Bank Holidays. This condition shall apply except in cases of emergency. Essential maintenance involving engine starting and running shall occur wherever possible in accordance with the above hours but such maintenance shall not occur between the hours of 21.00 hours and 07.00 hours on Mondays to Saturdays and not at all on Sundays and Bank Holidays. Reason: In the interests of local amenity and in accordance with UDP Policy M9, Environment.

8 The site shall be developed with separate systems of drainage for foul and surface water on and off the site. Reason: In the interests of satisfactory drainage.

9 No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the local planning authority. Reason: To ensure that the development can be properly drained

10 Unless otherwise approved in writing by the local planning authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. Reason: To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal.

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Planning Application Number: 2006/1631 1:1014 Site Address: Land at Lyttleton Crescent, Penistone.

Development Description: Residential Development of five houses

and a two-storey block of ten flats. Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

2006/1997 Mr D J Adcock Residential development with proposed means of access from Redland Grove (Outline). Land at rear of 290 New Road Staincross Barnsley S75 6GP

SITE VISIT – 6TH MARCH, 2007

8 letters of objection 1 petition against with 27 signatures.

Description

As members will be aware the application was deferred from the last Planning Regulatory Board for a site visit, in addition concern has been expressed about bats which may use the site.

The site lies beyond the cul de sac head at the west end of Redland Grove. At present the site forms part of the large garden to 290 New Road and contains a number of old fruit trees in poor condition. The site used to be part of a larger orchard which included what is now the Redland Grove Development. The site is bordered to the north by an area of Urban Greenspace known as The Plantains which is regularly used by local residents. There is a gap of approximately 5m between the site and the end of Redland Grove. This area is used as the front garden and driveways to Nos 21 and 24 Redland Grove.

Proposed Development

The proposal seeks outline consent for residential development with detailed permission sought for the means of access. This is proposed from Redland Grove and will be achieved by extending the existing highway across the front gardens of Nos 21 and 24.

The applicant has submitted an indicative layout. This shows a development of 8 dwellings following the same form and layout as the existing Redland Grove Development.

Policy Context

UDP – Housing Policy Area

UDP Policy H8A indicates that the scale, layout and design of all new dwellings proposed within the existing residential areas must ensure that the living conditions and overall standards of residential amenity are provided or maintained to an acceptable level both for new residents and those existing, particularly in respect of the levels of mutual privacy, landscaping and access arrangements.

UDP Policy H8D indicates that planning permission for infill, backland or tandem development involving single or a small number of dwellings within existing residential areas will only be granted where development would not result in harm to the local environment or the amenities of existing residents, create traffic problems or prejudice the possible future development of a larger area of land.

UDP Policy GS22 indicates that the Council will seek the retention and management of existing hedgerows, woodlands and trees both individually and in groups.

UDP Policy GS22A states that in assessing planning applications, the desirability of retaining mature trees will be an important material consideration.

UDP Policy GS22B gives a number of requirements to be applied to planning applications containing mature trees.

T2/T2A – Development is only permitted where adequate provision for the increase in traffic can be accommodated and is not considered detrimental to highway safety.

BE6 indicates that the Council will seek to achieve good design standards for all types of development.

SPG’s 2 and 3 give further advice on residential development and infill development.

Consultations

Environment Agency – No comments

Highways DC – No objections

Drainage – No objections

Forestry Officer – No comments received

Policy – No objections

Representations

The application has led to 8 letters of objection and a petition of 27 signatures. Objections include those from Nos 21 and 24 whose front gardens will be significantly reduced by the construction of the new access. It is understood the builder of Redland Grove retained ownership of this piece of land but allowed Nos 21 and 24 the right to use and maintain until the land was required for access. The residents are understandably concerned at the impact on their properties, the loss of garden and drives and the general disturbance arising from an extension of the road to serve more properties. The applicant has submitted correspondence explaining the absence of rights and attaching letters from the builders (to 21 and 24) requesting that all gates and fences be removed.

Other objections refer to the loss of trees and the effect on the piece and quiet upon this ‘wildlife sanctuary’, and the safety and disturbance implications of Redland Grove serving additional development.

Assessment

Material Consideration

Principle of development Highway Safety Residential Amenity Impact on Trees

Principle of development - The site lies within a larger area designated as a Housing Policy Area on the Barnsley UDP, wherein residential development is normally acceptable, subject to consideration of highway safety and amenity issues. In principle, it is considered that the proposed development is acceptable.

15 Highway Safety - The proposed point of access via Redland Grove is considered acceptable to sustain a small additional development. The Head of Transportation has no objection to the proposal.

Residential Amenity - The development will have an adverse effect on Nos 21 and 24 Redland Grove. The extension of Redland Grove will result in the loss of much of their driveways together with lawns and shrubs within the front gardens. According to the applicant when Redland Grove was developed the builder always intended to extend the road through to this land when it became available for development. In the meantime the land was offered to the residents for use as garden/ drives on the understanding it would be reappropriated as and when required. This is endorsed by a note on the approved plan (in 1990) showing the land needed to extend Redland Grove remaining in the ownership of the developer. This is an unusual case in that there will undoubtedly be an impact but this is countered by the clear intent of future requirement for access purposes. Had the site been available for development when Redland Grove was developed then this road would have been extended through in the manner now proposed. In the meantime residents have enjoyed unrestricted use. If residents had any legal entitlement to the land then no doubt they would safeguard their interests through legal action.

The small increase in traffic using this cul de sac does not warrant a refusal of permission based on road safety or nuisance grounds.

Impact on Trees - The site contains a number of mature fruit trees. However these are old, in very poor condition and cannot be justifiably retained. However some mature ash trees are present in the north west corner of the site and are in sufficiently good condition to be retained.

Recommendation

Grant subject to:-

1 Application for approval of the matters reserved in Condition No. 2 shall be made to the Local Planning Authority before the expiration of three years from the date of this permission, and the development, hereby permitted, shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: In order to comply with the provision of Section 92 of the Town and Country Planning Act 1990.

2 The development hereby permitted shall not be commenced unless and until approval of the following reserved matters has been obtained in writing from the Local Planning Authority:-

(a) the layout of the proposed development.

(b) scale of building(s)

(d) landscaping Reason: In order to allow the Local Planning Authority to assess the details of the reserved matters with regard to the development plan and other material considerations.

3 Detailed plans shall accompany the reserved matters submission indicating existing ground levels, finished floor levels of all dwellings and associated structures, road levels and any proposed alterations to ground levels. Thereafter the development shall proceed in accordance with the approved details. Reason: To enable the impact arising from need for any changes in level to be assessed and in accordance with UDP Policy BE6, Design Standards.

4 No development shall take place until full details of the proposed external materials 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 UDP Policy BE6, Design Standards.

5 The mature Ash trees sited in the north west corner of the site shall be retained and no development shall take place within 10 metres of the trunks. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality and in accordance with UDP Policies GS22, Woodland, Hedgerows and Trees and GS22A.

6 The site shall be developed with separate systems of drainage for foul and surface water. Reason: In the interests of satisfactory drainage.

7 No development shall take place until details of the foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the proper drainage of the area.

8 Prior to any development commencing on site regarding the site, and appropriate bat survey shall be carried out to determine the presence of bats/bat roosts. The findings of the bat survey, together with any mitigating measures (if bats or their roosts are found to be present), shall be submitted to the Local Planning Authority for assessment and approval, in writing. Reason: To allow an assessment of any likely impacts to be made on this protected species.

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Planning Application Number: 2006/1997 Site Address: Land at rear of 290 New Road Staincross Barnsley 1:1250 S75 6GP Development Description: Residential development with proposed means of access from Redland Grove (Outline). Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

2006/2003 Dransfield Properties Ltd Development of (use class A1) retail foodstore, market stalls and enclosure, fur and feathermarket buildings and associated access, parking and landscaping. Penistone Market area, St Mary's Street/Market Street, Penistone.

SITE VISIT – 6TH MARCH, 2007

139 individual letters of objection from local residents 168 individual letters of support from local residents There have been 2 petitions submitted in support of the proposal with 65 and 47 signatures respectively.

Introduction

This application represents the long awaited proposals for the redevelopment of the cattle market buildings with a supermarket and new market areas. There are no previous planning applications at this site of direct relevance to the determination of this proposal. However, there are two associated applications submitted in tandem. These are:

• 2006/2004 – Conservation Area Consent for demolition of market stalls, redundant abattoir and cattle market at Penistone Market Area, St Marys Street/market Street, Penistone • 2006/2005 – Demolition of existing buildings, erection of fire station and drill tower, ambulance station, vehicle storage units, perimeter fencing and lighting columns, external works and highway improvements at land at Sheffield Road, Spring Vale, Penistone.

Reports on both of these applications appear elsewhere on this agenda

The applicant has also indicated that an application is forthcoming for residential development bordering onto the northern boundary of the site and indicated as Phase 2 development on the submitted plans. This has been the subject of some considerable pre-application discussion and public consultation although no formal application has been submitted as of yet.

Site Layout and Description

The application site lies to the west of Penistone Town Centre and is approximately 6.64 acres in size partly within the Penistone Conservation Area. The site extends from Penistone showground in the west to the High Street in the east and from St Marys Street in the north to the Council depot in the south.

The western half of the site consists of a gravel covered area currently utilised as an informal unmarked public car park. To the south of the parking area is the existing bowling green with its associated pavilion and a number of detached single garages on its side boundaries. The application site does not include the bowling club itself although it does include the vehicular access road to the club. The application site would also extend into the grassed showground area by a distance varying between approximately 45 and 65 metres.

The eastern half of the site consists of a variety of uses including the existing fire and ambulance station and the derelict cattle market. The adjacent produce market remains in use but the Council depot, to the south of the markets, is unsused.

19 The application site extends onto Bridge Street which would provide the vehicular access to the site. Directly to the north of the application site are the residential properties and commercial units accessed off Stottercliffe Road. To the east of the site is the main High street and commercial centre of Penistone. To the south of the site is predominantly residential uses whilst to the west lies the open recreational area.

Proposed Development

The main body of the application seeks planning permission for the erection of a food superstore of 2296 square metres net sales area. The building would be positioned on the existing car park with storage, unloading and loading areas, and staff facilities to the rear. The store would be equivalent to a two storey structure with stone and render walls.

The existing cattle market, council depot, and part of the produce market will be cleared to provide a car park of 190 spaces. A new retail market is also proposed providing 31 permanent and 15 temporary stalls/pitches. This is proposed to be located in the position of the existing retail market, adjacent to Back Lane, which is proposed to be visually improved to provide a formal pedestrian access to the site. The existing fur and feather market building is to be refurbished and extended to allow retention of this market facility.

Access to the supermarket would be gained by the creation of a new access road and roundabout junction from St Marys Street. The roundabout will be created by utilizing part of the land on the former abattoir site. The new access road will therefore pass to the rear of existing properties of 1,3,5, and 7 Stottercliffe Road. On the eastern side of the access road, approximately 40 metres from the roundabout a seating area is proposed to be created leading onto an area where a piece of public art is proposed to be positioned. On the opposite side of the access road a new residential parking area of 12 spaces would be provided for residents on Stottercliffe to be only accessed via Stottercliffe Road. Further along this existing road it is also proposed to create an additional parking area of 8 spaces for the residents of Fearns Buildings.

To the north-west of the application site it is proposed to create two open areas to be laid with netlon turf. This system allows grass to go through whilst also providing a sturdy surface for vehicles to be parked on. One of these areas is proposed to allow parking area for vehicles and horseboxes connected with people utilizing the nearby Trans Pennine Trail. The other area forms part of the existing showground and will allow vehicles to be parked there for events such as the Mayors Parade and other uses that utilise the showground area. A feature entrance is proposed to be created onto this second netlon area.

The existing fire and ambulance station would be lost from this site but proposals under application 2006/2005 have pinpointed a appropriate alternative site for these facilities within a mile of their current location.

Although the bowling club is outside the application site the proposal does make allowances for the extension and resurfacing of the access road to the side of the club. It is also proposed to create a parking area and a new tennis court to the rear of the bowling club to be utilized as part of the bowling club’s facilities.

Policy Context

In terms of national planning guidance PPS1 sets out the general criteria for assessing all applications. Significant aspects of this emphasizes the need for developments to be of a high quality design, be sustainable, be in character with, and respectful of, the natural and historic environment whilst also contributing to sustainable economic development.

20 PPS6 “Planning for Town Centres” states that developments within or adjacent to town centres should contribute to the vitality and viability of the centre. It emphasises the need to direct retail uses into existing commercial centres which are easily accessible and provide a genuine choice for the needs of the local community.

PPG3 “Transport” outlines the need for all developments to be accessible by sustainable transport methods. There is a requirement to encourage greener forms of transport by focusing commercial and retail developments to sites within or adjacent to town or district centres.

PPG15 provides guidance on Conservation and the need for development to preserve or enhance areas of special historic or architectural significance. Any demolition of listed or historic buildings must be justified through gains to the locality from the subsequent re-development of the site.

Local planning policy is contained within the Council’s Unitary Development plan and shows most of the site allocated as within a Comprehensive Development Area. Policy PE17 applies and defines the area as being suitable for comprehensive development proposals for shopping development including a supermarket. Policies PE10, PE14, and PE16 provide further guidance on the development within this designated area.

Policies GS34 and GS35 will also be of relevance as the application site also includes urban greenspace. These relevant policies aim to retain the openness and viability of these areas against inappropriate development. Development proposals for these areas will therefore be assessed against the present and potential formal and informal function of the areas as a facility for recreation, amenity value, and nature conservation.

Part of the application site lies within the Conservation Area and as such Policy BE1 would be of consideration. This aims to protect the special historic and architectural character of the area partly through the need for developments to be of a high quality design and materials. Policy BE6 provides further guidance on design

Policy T2 of the development plan details guidance on assessing the impact on highway safety and the free movement of traffic.

In July 2005 Cabinet approved the Penistone Markets Area Planning Brief. This provides guidance on the development of the site including the principal elements of:

• A supermarket • A new retail market • Car parking to serve the new supermarket and the town centre • Bus stops and waiting facilities

Consultations

Transportation – At the time of preparing the report no formal comments had been submitted but these will be reported to Board.

Penistone Town Council – Have stated that they support the application but have put forward the following requests/observations:

• Concern raised over insufficient car parking spaces to meet demand on market days and have asked whether the proposed netlon areas and bowling club parking could be utilized. • The applicant’s should not deviate from the agreed size of the development

21 • Market area should be multi-purpose • Requested developers to look into purchasing privately owned land to the south of the recreation area to put back into the recreation area.

Environment Agency – Have raised no objections subject to the imposition of conditions.

Drainage Section – Have raised no objections subject to the imposition of conditions.

Trans Pennine Trail Group – Have initially objected to the application on the grounds that insufficient parking provision has been created for users of the Trans Pennine Trail. However have acknowledged that the use of the netlon areas for additional parking could alleviate their concerns.

Yorkshire Water – Have raised no objections subject to the imposition of conditions

Penistone Agricultural Society – Have commented that they are in negotiations with the applicants to identify and acquire land for their annual show, as compensation for that part of the recreation ground which they would lose access to.

South Yorkshire Archaeology Service – Have raised no objections subject to the imposition of a condition.

Contaminated Land Officer – After reviewing the site investigation report provided have raised no objections subject to the imposition of a condition.

Sport England – Have raised concerns that the loss of part of the existing recreational space has not been adequately compensated for within the development proposal. However, they have stated that if adequate compensatory provision could be made then they would not wish to raise an objection.

South Yorkshire Police – Have not raised any objections to the proposal but have recommended that the areas to be utilised by vehicles should be well lit and adequately secured when not in use.

Friends of the Trans Pennine Trail – Have objected to the application on the grounds that the development would detract from the amenity of the Trans Pennine Trail and reduce the space available for parking.

Landscape Section –No objections to the Landscape proposals subject to the imposition of conditions.

Representations

Councillor Andrew Milner has provided the following comments by e-mail:

• Current size of car park (circa 190 spaces) is well below certain figures that say it should be nearer 800 • Council should have ownership of the car park and lease it back to supermarket to regulate control of it • Encroachment into showground should be handled sensitively • Perhaps a smaller supermarket would enable less car parking spaces • Council should not conclude sale until after judicial review

In terms of local residents 139 individual letters of objection have been received. Approximately 30-40 of these have been duplicate letters with different signatures with a small number from outside Barnsley.. The concerns raised can be summarized as follows:

• Local shops would suffer and would be unable to compete • The store proposed is too large for Penistone • The proposal would result in a detrimental increase in traffic • Insufficient parking has been provided • Detrimental loss of recreation ground • The proposal would result in the destruction of the town’s character and heritage • Tescos trading policies

A number of residents have commented that a derelict area of land to the south of the recreation area is in private ownership and could be purchased by the developers to put back into recreational use to minimize the loss.

Two detailed reports have been received from two specific groups objecting to the scheme. The first of these is from Nathanial Litchfield and Partners on behalf of their clients, the Co-Operative Group. They have raised concerns that the applicant’s retail assessment does not adequately substantiate the levels of impact on existing retail facilities nor the predicted levels of economic clawback for the town. They have also raised concerns on the process of collecting, analyzing and assessment of the date provided within the transport assessment and therefore the validity of its conclusions. The other detailed report has been submitted by PRALS (Penistone Residents Against Large Supermarkets). In summary they have raised concerns that the development:

• Does not meet the terms of the planning brief • Will have a real and negative impact on the existing town centre • Provides insufficient parking spaces and will lead to congestion on the local roads • Has not had adequate community consultation.

A letter of objection has also been received on behalf of Penistone Bowling Club who have raised concerns that the proposal would reduce the potential for expansion of the club’s existing facilities.

Approximately 170 individual letters of support have been received. In addition 2 petitions containing 65 and 47 names respectively have been submitted in support of the proposal. The main elements outlined within this support are as follows:

• Retention of trade in Penistone • More convenient for local residents and would cut down on trips to Barnsley/Sheffield • Would assist in the regeneration of Penistone • Would tidy up the site which is currently in a poor state • Would add vitality.

Assessment

Principle of development Highway safety Impact on Recreational Ground Design and Impact on Conservation Area Impact on town centre uses Impact on existing markets Impact on Residential Amenities Landscaping Archaeology and Contamination

23 Principle of development

The majority of the application site is allocated as within a Comprehensive Development Area as shown within the Unitary Development Plan (UDP). Policy PE17 would therefore be applicable and defines this area as being suitable for comprehensive development proposals for shopping development including a supermarket. A Planning Brief for the area was approved by Cabinet in July 2005 which set out the principal elements of the scheme as follows:

• A supermarket with a sales area of up to 2200 square metres • A new retail market • Car parking to serve the new supermarket and the town centre • Bus stops and waiting facilities

In principle the proposal provides the core elements outlined within the planning brief. Although the size of the store is slightly above the figure outlined in the brief , 2296 square metres compared to 2200, it is not considered that the difference represents a significant, or detrimental, diversion from the principles of the brief.

Highway Safety

The application proposes the principal access/egress to be from a new roundabout on St Mary’s Street. This was fixed in the Planning brief in order to allow a satisfactory road junction to be created whilst also retaining the most important buildings within the Conservation Area. The junction provided is therefore in compliance with the Planning Brief.

In terms of the detailed objections put in by PRALS and Nathanial Litchfield both have raised concerns with regards to the impact on parking and traffic congestion included within the Transport Assessment submitted by the applicants. The concerns raised by Nathaniel Litchfield mainly relate to how the assessment was carried out. In response the applicant has provided the following summarized response with the concerns raised by Nathanial Litchfield being in bold type:

• Saturday surveys should have been undertaken during a Farmers Market – This was not a farmers market day, however the weekday PM peak provides a more robust assessment and using the farmers market traffic flows could result in an over design of any highway improvements. • Saturday peak hour assessment – The Saturday peak hour assessment has been reviewed to reflect a more extreme case, but the capacity assessments do not indicate any problems. It should also be noted that the weekday PM peak still provides the worst case traffic generation. • No gravity model has been provided – The development traffic has been distributed to reflect the large residential area to the south of Penistone, and is largely in accordance with the existing traffic flows on the local highway network. • Errors within the development flows – This is not true, and the amount of development traffic will be reduced at adjacent junctions due to the element of pass by trips that will already exist on the network. • No design year assessment has been undertaken – The highway network has been assessed at the opening year of 2008 and no future assessment has been undertaken as the highway network is a constrained urban environment, and this is considered to be normal practice for a development within a town centre location. • Redistributed traffic flow diagrams have some errors – These did have some minor errors and have been corrected, and this has no effect on the capacity of the highway network. • Geometric errors in the assessment of the site access roundabout – The layout of the roundabout has been completed following detailed discussions with Barnsley MBC and the assessments show that it will operate satisfactorily.

24 • Errors in the modelling of the Shrewsbury road junction – The input parameters have been slightly revised and the junction remodelled and is still predicted to operate within capacity.

The applicant has also provided a response to the traffic concerns raised by PRALS. The response is summarized as follows:

• The size of the car park is inadequate for the size of the development – The development will provide 190 car parking spaces, with a maximum accumulation of 185 and 165 during a typical weekday and Saturday respectively. This is considered to be adequate • The existing car park is only just adequate for existing users of Penistone town centre – The development will not generate all new trips to the highway network. An element of sharing will occur between the new development and the existing town centre. • Base traffic ignores recent residential developments within Penistone – Date provided by PRALS show that a recent survey gave similar levels of traffic to that used in the assessment, indicating little change from the 2005 surveys. • The TRICS data will underestimate the level of trips – The TRICS database has been interrogated to provide a trip rate for a store of similar size to that proposed, and is considered to be valid. However, the Saturday peak hour has been reassessed using the same data set to reflect a more extreme assessment. • The traffic redistribution is negated – An assessment has been made of the likely redistribution, although as only 20% of the existing movements have been relocated we would consider that a robust assessment has been undertaken. • The allocation of the development trips is not justified – The development traffic has been distributed in accordance with the existing movements on the highway network and reflects the large residential area to the south of Penistone. • The Bridge Street/Thurlstone Road/Barnsley Road junction will operate over capacity – The junction has been reassessed and is predicted to operate within capacity during a weekday PM and Saturday peak with the addition of the development traffic.

The above responses from the applicant does provide an explanation and resolution to a number of concerns raised. However it is appreciated that the issue of traffic generation, parking, and the free movement of vehicles is a significant consideration taking into account the size of the development in relation to the town of Penistone. Although the existing parking area is informal and unmarked it does currently provide a well-used and satisfactory parking facility for people visiting the town centre, using the recreation area, and accessing the Trans Pennine Trail. Concerns have been raised that the 190 parking spaces provided would not adequately fulfil this role in addition to the shoppers using the new store and redeveloped markets.

However, it also has to be taken into account that there are other areas of parking proposed within the application site which could if necessary provide some alleviation on the main parking area. These include 20 new designated spaces for residents on Stottercliffe and Fearns Buildings and a potential 20 spaces for users of the bowling club and its associated recreational facilities. In addition there are two areas towards the north-western part of the site that are proposed to be treated with netlon turf to allow vehicles to be parked on. One of these is intended to be utilised for users of the Trans Pennine Trail with appropriate access to the trail itself. The other area is intended to be utilized for events such as the Mayor’s Parade. However the applicant has indicated that whilst these areas are to be laid out by the applicant they will be handed over for ownership to the Council. Their use, especially the area behind the proposed supermarket, would therefore be under the Council’s control. The area could also be opened up for more regular use, especially at week-ends, for users of the recreation ground and Trans Pennine Trail. This will help alleviate the concerns raised by the TPT Group and the Council’s Neighbourhood Services.

25 In view of the above, it is considered, on balance, that the proposal provides sufficiently adequate access and parking facilities and therefore would not have a significantly detrimental impact on highway safety.

Impact on recreational ground

The application site includes part of the existing recreation ground which is designated as green space within the UDP. The development to be carried out within the areas of green space consists of the western part of the supermarket building and the car park and tennis court behind the bowling club. Policies GS34 and GS35 state that areas designated and functioning as urban green space will normally remain open and undeveloped. However it further states that development could proceed if the adverse effects on the urban green space can be offset by compensatory improvements or additions within or outside the development site. With regards to this application there are a number of replacement facilities and improvements proposed which represent an enhancement in green space provision. These include:

• a new tennis court west of the existing bowling green • a new car park for the use of the bowling club and the tennis court • improvements to the access to the Trans Pennine Trail (TPT) and showground • the creation of a parking area for the TPT in the northern corner of the site (using netlon) which is intended to provide 10 car parking spaces, with 3 of sufficient size to accommodate horse boxes for people using the recreation ground and TPT • the creation of the new footpath link to the south and west of the existing bowling green to provide a bridle path link to the TPT • riders mounting blocks and hitching rails proposed to the north west corner of the site adjacent to the recreation ground and TPT • The use of netlon to the entrance to the show ground to replace the grass to allow access and parking for show vehicles and the Mayor’s Parade vehicles

A number of residents have also put forward the proposal for the developers to purchase a piece of land under private ownership adjoining the boundary of the recreational area and behind the houses on Schole Avenue. Whilst the applicants have indicated this is an area they are looking into there have been no formal negotiations and as such this cannot be considered as part of this proposal. In any case a separate change of use application would be required for this private grazing land to be used as Public Open Space.

Notwithstanding the issue of the privately owned land,, it is considered that the benefits outlined above represent a sufficient compensatory package. Furthermore it has to be recognized that the areas of green space to be lost form part of the much wider recreation ground to the west. As such the loss of these relatively small peripheral parts of the green space would not have an unduly harmful effect on green space provision in the area. Indeed any adverse effects would be offset by the compensatory improvements offered, which would improve the quality of the recreation ground and the Trans Pennine Trail.

Design and Impact on Conservation Area

The Planning Brief states that it is important that “all new development reflects and enhances the local distinctiveness of Penistone Town Centre”. Pre-application consultations with local residents put forward two design ideas for the foodstore, one modern and the other having a more traditional look. The consensus was firmly in favour of a building reflecting the traditional built form of Penistone..

26 The new food store is proposed to be located on the western side of the site on the area presently utilized as informal public car park. The front of the store will face eastwards and towards the Penistone Town Centre with the store service yard and storage facilities provided to the rear.

The design of the supermarket building takes a traditional approach in its form and use of materials. The building would be two storey in scale with mainly stone walls and slate roof. The elevations are broken up by utilising pitched roofs, glazing and stone quoins where appropriate. This helps to provide interest to the building whilst also providing ease of direction towards the main entrance of the store.

The site is partly within the Penistone Conservation Area. A number of buildings are proposed to be lost and these are assessed in greater detail within the accompanying Conservation Area Consent application.. The applicant has submitted a PPG15 statement which puts forward the following conservation benefits of the scheme:

• It will help to sustain and improve the economic vitality of the town, which will be of indirect benefit to the historic fabric. The supermarket will encourage more shopping in the locality and the carpark will make it easier and more attractive for visitors to use the town’s facilities. • It will help to support and promote the street market, which is part of the character of the town. • It will remove derelict and obtrusive buildings and generally upgrade a neglected area. • It will secure the repair and restoration of Regent Gardens, which is a prominent feature in the Conservation Area but which has been derelict and unsightly for many years, and it will replace the semi-derelict building adjoining, currently housing the electrical substation.

The fire and ambulance service buildings have little architectural merit and the cattle market buildings are now derelict. Although the proposal will involve the loss of a number of buildings, including the original 1910 market buildings, it is considered that the overall development would enhance the quality of the visitor experience by creating a safe, inclusive and visually attractive environment to the benefit of the Conservation Area.

The applicant has also indicated a proposed position for a piece of Public Art along the main access road to the site. No details are given as to the type of public art as the applicant has expressed a desire for this to be created through public consultation.

Impact on Town Centre Uses

The creation of the foodstore at this site will have an impact on existing retail uses within the town centre and in particular the two existing grocery stores, CO-OP and Spar. The applicants have submitted an independent Retail Assessment. The rationale for the assessment was to update the Council’s earlier retail impact assessment, undertaken by consultants Anthony Goss Planning, and to enable comparisons to be drawn between the proposed scheme and the Council’s Planning Brief.

PPS6 confirms that it is not necessary to demonstrate the need for retail proposals within primary shopping areas or for other main town centre uses located within the town centre. Similarly as the proposals are in a recognized town centre location there is no need to have regard to alternative sites or to undertake a sequential assessment.

In terms of scale the Planning Brief allows a supermarket with a sales are up to 2200 square metres. This is considered to be the optimum size in order to maximize the benefits to Penistone while avoiding harmful effects on existing shops in the town centre.

The proposals are for a Tescos supermarket of 2296 square metres which is considered acceptable in terms of PPs6 and the adopted brief.

The independent Retail Assessment submitted by the applicants has considered the impact of the proposal on other stores and centres in the area. The results of the Healthcheck surveys carried out indicate that Penistone town centre is in good health and has strong vitality and viability. This is based on a number of factors including the lack of vacant units, healthy mix of convenience and comparison shopping facilities, and good service provision. The existing CO-OP and Spar within Penistone Town Centre would be most affected by the proposal. However the calculations carried out within the assessment have indicated that these stores should be able to sustain what is considered to be a minor degree of impact and should not result in their closure.

In view of the assessment, and the current health of Penistone town centre, it is concluded that the town has sufficient vitality and viability to sustain the relatively minor impact of the proposed development. The benefits to the local community from the introduction of the store and the linked trips that will occur means that the development should have an overall positive impact on the vitality and viability of the town centre.

Impact on existing markets

The proposal put forward involves the redevelopment of the existing markets. This was indicated in the Planning Brief as an important consideration in the development of the scheme.

The redevelopment of the markets was developed through close discussion with the Council’s Markets team and as such the proposed number of stalls has been agreed in accordance with the Council’s requirements for Penistone. The proposal provides a significant improvement to the markets area including the following:

• New market stalls • Ground resurfacing • Refurbishment of offices and toilets • Improved access and servicing facilities • New fur and feather market building • Enhanced security

The market area will be developed by the applicants and then handed over for the ownership of Barnsley MBC. This would give the opportunity for the Council to utilize the proposed buildings for appropriate community uses, if appropriate, as requested by Penistone Town Council.

In conclusion it is considered that the development proposes an improvement to the facilities for the existing markets.

Impact on Residential Amenity

The main residential properties affected by the proposal are those on Stottercliffe Road. The provision of a new route into the site and removal of general traffic from this road will be a significant benefit. In addition the houses will be provided with dedicated off-street parking which they do not currently have.

An independent noise report has been submitted which concludes that there will not be any significant detrimental impact on neighbouring properties arising from the new activities on the site. The Council’s Environmental Health Section have inspected the report and have raised no objections to the scheme subject to the imposition of conditions.

28 The store is a sufficient distance from neighbouring properties not to create any significant dominating impact or loss of light. The facilities it provides will be of direct benefit to these local residents.

Landscaping

The application proposes some boundary planting mainly along the side of the access road but also within parts of the car parking area. Since submission there has been an increase in the number of trees adjacent to 4 Stottercliffe Road in response to residents; concerns over the loss of screening currently provided by existing trees. The landscaping, although limited, does represent an increase on the current vegetation on the site and provides a positive break to the urban form.

Archaeology and Contamination

Independent reports have been submitted on both the Archaeology constraints and potential contamination of the site. With regards to archaeological implications the report submitted is detailed and appears to have considered all possible archaeological constraints on the site. Although Penistone is an important historic town with a documentary history dating to Domesday and a mediaeval market charter, the Assessment demonstrates that the area of development was not in the town but in fields surrounding it until very recently. Furthermore the subsequent development of the market, abattoir and associated buildings, means the potential for the development to damage or destroy significant archaeological remains is likely to be limited. As such South Yorkshire Archaeology have raised no objections subject to the imposition of a condition to deal with the archaeological requirements prior to any works starting on site.

In terms of Land Contamination the applicant has submitted a Site Investigation Report which shows the contamination that has been found on the site do not exceed the guideline values for commercial use. As such, subject to a standard condition, the Council’s Contaminated Land Officer has raised no objections to the scheme.

In view of the above it is considered that the benefits of the proposed development to Penistone in terms of regenerating an underused part of the town is of sufficient merit to outweigh the concerns expressed by the objectors to the scheme. Although it is acknowledged that there has been a significant number of objections raised it also has to be recognised that there is considerable support within the local area for the redevelopment proposals.

It is considered that the proposal is in accordance with relevant national and local planning policies and as such is recommended accordingly.

29 Grant subject to:-

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.

3 The development hereby approved shall be carried out strictly in accordance with the plans and specifications as approved unless prior written consent has been given by the Local Planning Authority to any variation. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

4 No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works for the demolition, development stage and completed project has been submitted to and approved in writing by the Local Planning Authority. The drainage works shall be completed in accordance with the details and timetable agreed. Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal. The FRA identifies existing drainage problems on this sloping site, a temporary drainage scheme should be put in place to ensure that surface water run-off does not cause flooding to third parties during the construction of this development.

5 No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run-off limitation has been submitted to and approved in writing by the Local planning Authority. The scheme shall be implemented in accordance with the approved programme and details. Reason: To prevent the increased risk of flooding

6 No development shall take place unless and until full foul and surface water drainage details (including land drainage) with levels and cross sections, have been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure the proper drainage of the area

7 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 3.0 (three) metres either side of the centre line of the water mains, which cross the site. Reason: In order to allow sufficient access for maintenance and repair work at all times.

8 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 3.0 (three) metres either side of the centre line of the sewers, which cross the site Reason: In order to allow sufficient access for maintenance and repair work at all times.

9 The site shall be developed with separate systems of drainage for foul and surface water on and off the site Reason: In the interests of satisfactory and sustainable drainage

10 Unless otherwise approved in writing by the Local Planning authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. Reason: To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal

11 No development shall take place until the applicant, their agent, or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to, and approved in writing by, the Local Planning Authority. Reason: In order to protect any archaeological remains present on the site

12 Any visibly contaminated, noxious or odorous material encountered onsite during the development work must be excavated and stockpiled at the site. The Local Planning Authority must be informed immediately, and information on the nature and degree of contamination of this material will be required. Details of the appropriate measures to prevent any pollution shall be submitted to and approved in writing by the Local planning Authority. The development shall then proceed in strict accordance with the approved measures. Reason: To protect the environment and ensure the site is suitable for the proposed use.

13 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, full details of both hard and soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained. Reason: In the interests of the visual amenities of the locality.

14 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, unless the Local Planning Authority give written consent to any variation. Reason: In the interests of the visual amenities of the locality.

15 Details of any lighting, especially on the car parking area, shall be submitted to and approved in writing by the Local Planning Authority before the retail store commences operating. Development shall be carried out in accordance with the approved details. Reason: To safeguard the privacy and amenities of the occupiers of adjoining residential property

16 Prior to commencement of development details of the public art scheme to be erected shall have been submitted to and approved in writing by the Local planning Authority. The approved scheme shall be implemented before the retail store commences operating. Reason: In the interests of the visual amenities of the area

17 No noisy works on site or deliveries to site shall take place before 8am or after 6pm on weekdays; before 8am or after 1pm on Saturdays or at any time on Sundays and Bank Holidays. Reason - To protect the amenity of the occupiers of neighbouring land from excessive noise during construction & demolition

18 The developer/contractor shall provide: - A wheel wash bath/jet wash. All site vehicles to clean their wheels before accessing the highway. - Regular street cleaning on the entrance road/s a minimum of 100m around the site entrance/s. Patch cleaning of sizable spills should also be undertaken as required throughout the day. - All vehicle loads carrying loose loads of construction materials shall enter and leave the site effectively covered. Reason - To maintain highway safety, protect local air quality and prevent nuisance due to dust.

19 No deliveries to or collections from the completed development shall take place before 8am or after 6pm on weekdays; before 8am or after 1pm on Saturdays or at any time on Sundays and Bank Holidays. Reason: To protect the amenity of the occupiers of neighbouring land from excessive noise during deliveries and collections

20 Recommendations for noise attenuation works as detailed in paragraphs 4.4, 5.5, 6.4, 7.8, 7.9, 7.10, 7.11 and 8.5 of the Sharps Redmore Partnerships report dated 21st November 2006 shall be undertaken and installed as described. Following completion and commissioning of the development the effectiveness of the noise attenuation measures shall be checked by noise measurements undertaken by an appropriately qualified person using a calibrated sound level meter of Type 2 or better. These results shall be provided in a report to the LPA within 3 months of the commissioning of the store and associated development. Reason: To protect the amenity of the occupiers of neighbouring land from excessive noise.

21 When providing the development with security measures (e.g. external PA s systems/bells, traffic calming measures, gates, etc.) the noise impact of such measures shall be considered to ensure the conclusions of the Sharps Redmore Partnership report dated 21st November 2006 are not compromised. Reason: - to protect the amenity of the occupiers of neighbouring land from excessive noise

22 Prior to the commencement of use of the store a scheme shall have been submitted to and approved in writing by the Local Planning Authority detailing the use, operation, and management of the 190 space car park. This shall include details that the parking area shall be open to public use during opening hours i.e not only for Tesco users. The development shall then proceed in accordance with the approved details. Reason: In the interest of parking management of the site

23 Unless otherwise agreed with the Local Planning Authority prior to commencement of development details shall have been submitted to, and approved in writing by, the Local Planning Authority, outlining compensatory provision for the loss of part of the recreational area. This shall include facilities that would gain full community benefit through a Community Use Agreement, and be in line with Sport England's guidance. The development shall then proceed in accordance with the approved details Reason: In the interest of recreational compensation for the local community

24 Demolition of the fire and ambulance station shall not commence until the provision of the replacement fire and ambulance station under planning application 2006/2005 have been provided to the satisfaction of the Local planning Authority. Reason: To retain adequate emergency service provision

25 The retail sales area shall not exceed 2296 square metres unless otherwise agreed with the Local Planning Authority. Reason: In the interest of the vitality and viability of the town centre.

26 The retail sales area shall not exceed 2296 square metres unless otherwise agreed with the Local Planning Authority. Reason: In the interests of the vitality and viability of the town centre.

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Planning Application Number: 2006/2003 Site Address: Penistone Market area, St Mary’s Street/Market Street, 1:2500 Penistone.

Development Description: Development of (use class A1) retail

foodstore, market stalls and enclosure, fur and feathermarket buildings and associated access, parking and landscaping Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

34 2006/2004 Dransfield Properties Ltd Demolition of market stalls, redundant abattoir and cattle market buildings within Conservation Area. Penistone Market Area, St Mary's Street/Market Street, Penistone.

Introduction

This application represents an integral part of the long awaited proposals for the redevelopment of the cattle market buildings with a supermarket and new market areas. There are no previous planning applications at this site of direct relevance to the determination of this proposal. However, there are two associated applications submitted in tandem. These are:

• 2006/2003 – Development of (Use Class A1), retail foodstore, market stalls and enclosure, fur and feathermarket and associated access, parking and landscaping Penistone Market Area, St Marys Street/Market Street, Penistone

• 2006/2005 – Demolition of existing buildings, erection of fire station and drill tower, ambulance station, vehicle storage units, perimeter fencing and lighting columns, external works and highway improvements at land at Sheffield Road, Spring Vale, Penistone.

Reports on both of these applications appear elsewhere on this agenda

Site Layout and Description

The application site extends onto Bridge Street which would provide the vehicular access to the site. Directly to the north of the application site are the residential properties and commercial units accessed off Stottercliffe Road. To the east of the site is the main High street and commercial centre of Penistone. To the south of the site is predominantly residential uses whilst to the west lies the open recreational area

Proposed Development

The application seeks Conservation Area Consent for the demolition of a number of buildings within the site and within the Penistone Conservation Area. This is in preparation for the redevelopment of the site for the new retail store and markets as proposed under accompanying application 2006/2003. The buildings to be demolished can mainly be split into two distinct areas.

35 The first area is the cattle and produce market. The existing stone cattle single storey cattle market buildings to the south of the site are proposed to be cleared along with the two storey cattle market offices building. The existing market stalls to the west of the cattle market are also proposed to be removed from the site.

The second area is towards the north-east of the site. Here there are a number of interconnected single and two storey stone buildings which form the abattoir complex. A detached building, bordering onto the main road and adjacent to 7 St Mary’s Street is also to be demolished

None of the buildings to be demolished are listed.

Policy Context

In terms of national planning guidance PPG15 states that there should be a general presumption in favour of retaining buildings which make a positive contribution to the character or appearance of a conservation area. However the guidance does state that demolition may be considered appropriate if there are significant benefits gained through the redevelopment of the site.

In terms of the Unitary Development Plan Policy BE1A stresses need to preserve or enhance the appearance of the Conservation Area and as such the demolition of buildings which contribute to the character of the Conservation Area will not be permitted. However it does indicate that demolition of certain buildings may be appropriate provided full planning permission has been granted for the re-development of the site.

In July 2005 Cabinet approved the Penistone Markets Area Planning Brief. This provides guidance on the development of the site including the principal elements of:

• A supermarket • A new retail market • Car parking to serve the new supermarket and the town centre • Bus stops and waiting facilities

Within the planning brief it acknowledges that the development will have a significant impact on the Conservation Area and it states that:

“Any proposals for the demolition of properties within the Conservation Area will be closely scrutinized to evaluate their merits and the impact of their loss in the context of the overall benefits to the town of the development.”

Consultations

English Heritage – Have stated that they are supportive of the principle of redeveloping the central markets area and have had a considerable amount of pre-application consultation over the form and design of the overall redevelopment package. With regards to this application they have acknowledged that the application addresses the criteria within PPG15 in some detail and that they are broadly minded to accept that, for the greater benefit of the regeneration of this part of the town centre, the loss of several historic buildings will need to be accommodated. They do express some concern over the loss of frontage structures to St Mary’s Street and behind the public house and advise that the replacement buildings in this area are of a high quality.

Penistone Town Council – Have raised no objections .

Design – Have stated that they have been involved in this site and the project for some time. Have acknowledged that the loss of a number of conservation area buildings is regrettable but have

36 pointed out that Regents Gardens and the former barber’s shop are to be retained which is welcomed.

Representations

This application is closely connected to the proposal for the redevelopment of Penistone Markets (2006/2003). Objections to this accompanying application have included general comments on the impact of the development on the character and heritage of the area which includes the loss of these existing buildings. Whilst the objections were mainly related to application 2006/2003 it is acknowledged within this application that there is some local concern to the loss of heritage through the proposal put forward.

Assessment

Principle of development Design and Impact on Conservation Area

Principle of development - This application is intrinsically linked to the proposal for the redevelopment of the markets under planning application 2006/2003. The merits of the redevelopment are assessed in the report accompanying that application. The main issues with this proposal are therefore specifically linked to the planning merits surrounding the demolition of the buildings only and how their loss would impact on the character of the Conservation Area

The Planning Brief indicates that proposals for the redevelopment of the markets would most likely involve the demolition of some buildings. Although regrettable it is acknowledged that, on the proviso that the demolition is absolutely necessary, and involves only a minimal amount of buildings, this would be acceptable in principle in view of the merits of the overall redevelopment of the site.

Design and Impact on Conservation Area - The site does partly lie within the Penistone Conservation Area and the applicant has submitted a PPG15 statement to assess the impact of the development on the conservation area. A number of buildings are proposed to be lost mainly within either the cattle market area or the former abattoir area.

The cattle market buildings consist of mainly single storey buildings and stalls. They have been within little use since the ‘foot and mouth’ crisis and are of only minor value to the Conservation Area. Although it is acknowledged that some of these buildings date back to 1910 and are part of the market heritage of the town their loss has not raised any significant concerns from consultees.

Within the abattoir area the majority of the buildings to be cleared are of variable quality and in poor condition. The buildings of most interests in this area are to the rear of the Old Crown In but the assessment put forward indicates these have been extensively damaged by conversion to abattoir usage and conversion to a new use would now be impractical.

There are some buildings to be lost bordering onto St Mary’s Street. These are most visible to the public and are part of a highly visible street scene. It is proposed to develop this area for residential usage although the application for this has yet to be submitted. To compensate for the loss of these buildings and the others within the site the applicant has stressed the conservation benefits of the redevelopment of the site as follows:

• It will help to support and promote the street market, which is part of the character of the town.

• It will remove derelict and obtrusive buildings and generally upgrade an area which in many ways is currently detrimental to the Conservation Area.

• It will secure the repair and restoration of Regent Gardens, which is a prominent feature in the Conservation Area but which has been derelict and unsightly for many years, and it will replace the semi-derelict building adjoining, currently housing the electrical substation.

Although the proposal will involve the loss of a number of buildings, of varying quality and interest, it is considered that the overall re-development would enhance the quality of the visitor experience by creating a safe, inclusive and visually attractive environment to the benefit of the Conservation Area.

Recommendation

Grant subject to:-

1 The works to which this consent relate must be begun not later than the expiration of three years beginning with the date on which the consent is granted. Reason: In order to comply with the provision of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

2 The building shall not be demolished before a contract for the carrying out of works for the redevelopment of the site has been made, and planning permission has been granted for the redevelopment for which the contract provides, and evidence of such a contract has been supplied to the Local Planning Authority. Reason: To preserve the character and visual amenities of the area, in accordance with Section 17 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and U.D.P. Policies BE1, Conservation Area and BE1A.

3 No development shall take place until full details of the proposed external materials 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 UDP Policy BE6, Design Standards.

4 The development hereby approved shall be carried out strictly in accordance with the plans and specifications as approved unless prior written consent has been given by the Local Planning Authority to any variation. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

5 No development shall take place until the applicant, their agent, or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to, and approved in writing by, the Local Planning Authority. Reason: In order to protect any archaeological remains present on the site

6 Any visibly contaminated, noxious or odorous material encountered onsite during the development work must be excavated and stockpiled at the site. The Local Planning Authority must be informed immediately, and information on the nature and degree of contamination of this material will be required. Details of the appropriate measures to prevent any pollution shall be submitted to and approved in writing by the Local planning Authority. The development shall then proceed in strict accordance with the approved measures. Reason: To protect the environment and ensure the site is suitable for the proposed use.

7 No noisy works on site or deliveries to site shall take place before 8am or after 6pm on weekdays; before 8am or after 1pm on Saturdays or at any time on Sundays and Bank Holidays. Reason - to protect the amenity of the occupiers of neighbouring land from excessive noise during construction & demolition.

8 Recommendations for noise attenuation works as detailed in paragraphs 4.4, 5.5, 6.4, 7.8, 7.9, 7.10, 7.11 and 8.5 of the Sharps Redmore Partnerships report dated 21st November 2006 shall be undertaken and installed as described. Following completion and commissioning of the development the effectiveness of the noise attenuation measures shall be checked by noise measurements undertaken by an appropriately qualified person using a calibrated sound level meter of Type 2 or better. These results shall be provided in a report to the LPA within 3 months of the commissioning of the store and associated development. Reason To protect the amenity of the occupiers of neighbouring land from excessive noise.

9 When providing the development with security measures (e.g. external PA s systems/bells, traffic calming measures, gates, etc.) the noise impact of such measures shall be considered to ensure the conclusions of the Sharps Redmore Partnership report dated 21st November 2006 are not compromised. Reason: To protect the amenity of the occupiers of neighbouring land from excessive noise.

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Planning Application Number: 2006/2004 Site Address: Penistone Market Area, St Mary’s Street/Market Street, 1:2500 Penistone. Development Description: Demolition of market stalls, redundant abattoir and cattle market buildings within Conservation Area. Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

40 SECTION A - APPROVALS

2006/1575 Banks Developments Erection of three turbine wind farm (Environmental Impact Assessment) Land at Hazlehead/Crow Edge, Flint Lane, Sheffield

480 letters of objections received 5 letters of support received

Site Location and Description

The site is located on a spoil heap at the southern end of Hepworth’s large pipe making works which is situated on the west side on the A616 road in the village of Crow Edge. The immediate surrounding area is dominated by the industrial presence of Hepworth’s works which consist of a number of buildings, outbuildings and storage areas spread over 25 hectares and, together with other higher land, form a large basin which visually contains the factory and associated buildings.

In the general vicinity there are some scattered dwellings, groups of dwellings and, to the south west, the village of Carlecotes. The nearest dwellings at Carlecotes are situated approximately 600 metres from the nearest turbine position which will be viewed over the crest of the Larches Plantation.

The village of Crow Edge is a linear settlement which is strung out intermittently along both sides of the A616. Between the application site and the main road there is a small group of post war housing on Middlecliffe Drive and more recent houses on Foxholes Grove. To the north of these houses is a small group of properties known as Sledbrooke Crescent. The main village settlement is situated approximately 400 metres from the nearest turbine. A significant rise in the land from the dwellings to the windfarm site partially obscures views toward its position. Beyond these there are a number of isolated dwellings and small villages before the larger conurbations of Holmfirth and Penistone.

About 2 km to the east is the Royd Moor wind farm which stands in an elevated and conspicuous position and comprises 13 turbines.

The surrounding area is hilly and to the south and west is the Peak District National Park and to the north the gentler valley scenery of the ‘Summer Wine Country’ where the land has been largely given over to livestock farming and largely comprises a mosaic of fields with dry-stone wall borders. The site lies at the north-western perimeter of the administrative area of the Barnsley Metropolitan Borough Council, which borders that of Kirklees Metropolitan Borough Council only 1km to the north. The Peak District National Park borders the District 1.5km to the south.

To the south the development site is bounded by Flint Lane (B6106) as it approaches from the west and then becomes Bents Road as it continues east beyond Flint Lane Head. The A616 passes approximately 400m to the east and heads northwest beyond the pipe works. Crow Edge Road also passes approximately 500 metres to the northwest. Vehicular access can only be gained from the B6106.

41 Background

An application for 7 turbines on this site was submitted with an accompanying Environmental Statement in July 1994. Subsequent negotiations reduced the number to 6 turbines. Each turbine comprised a conventionally designed 3 bladed turbine with column height of 35 metres and rotor circumference of 42 metres making a base to tip height of 56 metres. Planning permission was refused on 8 June 1995 for the following reasons:-

1. In the opinion of the Local Planning Authority the scale of the turbines, and their siting in a prominent location, designated as Green Belt and Borough Landscape Value, will significantly and adversely impact upon the visual character of the landscape contrary to Policy GS11 of the draft Deposit Unitary Development Plan.

2. In the opinion of the Local Planning Authority the location and scale of turbines will adversely affect the amenities of the occupiers of dwellings in Crow Edge and Carlecotes contrary to Policy ES113 of the Draft Unitary Development Plan.

3. In the opinion of the Local Planning Authority the schemes contribution of ‘clean’ electricity towards national needs is considered insufficient to outweigh the substantial environmental and residential impacts.

The refusal of the application was appealed and the appeal was dismissed on 3 December 1996 by the Planning Inspectorate. The Inspector dismissed the appeal on the basis that:

1. The character and appearance of the ABLV would be adversely effected to an unreasonable extent; (the Inspector gave weight to the character and appearance of the countryside when seen from the National Park, particularly when seen in the same panorama as the Royd Moor wind farm, when concluding on this issue) 2. The proposal would unacceptably injure the visual amenities of the green belt; and 3. The proposal would injure the amenity of residents at Middlecliffe Drive and Foxhole Grove. Members should be aware that the 1994 application was assessed under Planning Policy Guidance Note 22 which has been superseded by Planning Policy Statement 22 which was issued in September 2004.

The Proposal

The proposal is for the erection of three turbines and associated equipment. These will have a hub height of around 60m and rotor diameter of around 80m giving a maximum swept height of 100m with each turbine approximately 300 metres apart.. An anemometer 60m in height will also be constructed, along with a control building, 5m wide access tracks, a temporary construction compound and crane pads adjacent to each turbine. The development will provide a renewable energy capacity of 7.5 MW (sufficient to power approximately 4,000 homes) and it may also be necessary to construct a small substation box at the base of each turbine. Windfarm performance will be remotely monitored by means of an anemometer with wind speed information being fed into a system control and data acquisition (SCADA) system which will be installed onsite to control the individual turbines.

It is envisaged that the key construction phases and durations will be as follows:

• Contractor mobilisation (1 week) • Public road works (3 weeks)

42 • Creation of compound area (1 week) • Onsite road works (53 days) • Turbine construction (4 months) (including foundations, assembly, erection and cable laying) • Site reinstatement (3 weeks) • Mechanical and electrical works (39 days) • Commissioning (3 weeks)

During construction a temporary compound area will be established on the southern side of the existing access track as it enters the site from Flint Lane. The compound will measure approximately 100m x 100m and house temporary site offices, toilets and mess facilities. All fuels and oils will be securely bunded within the compound

It is estimated that these phases will occur during an approximate 8 month period, subject to suitable weather conditions. The windfarm itself will be temporary in nature, only existing for a period of 25 years from commissioning. Following the decommissioning of the wind farm all infrastructures will be removed and the land restored to its original condition. Wind farms are of a temporary nature due to the changes in technology over time.

The proposal also includes modification of the A616/B106 junction at Bents road to accommodate the abnormal load trailers that will deliver the turbine blades. In summary the layout of the junction requires:

• removal of a the boundary wall of ‘Crag Rats’; • realignment of the kerbline on the south side of the junction; • realignment of the existing direction sign at the back of the footway on the side of the • junction; and • relocation of an overhead electricity pole within ‘Crag Rats’.

The application is supported by an Environmental Statement which includes chapters on landscape and visual effects, noise and air quality and climate change.

The applicants have also offered two voluntary options in respect of a local community fund a précis of which is as follows:

Option 1

Banks would seek to reach agreement with a local community foundation (probably South Yorkshire Community Foundation) to manage the fund based upon a scheme used for other funds set up by the company elsewhere in the UK. The fund would be a donor advised fund and would be managed on behalf of Banks by the Community Foundation who would attend meetings with the local community representatives and carry out the administration of individual grant applications for which they would charge an administrative fee. An annual payment equivalent to the sum of £1,000 per MW of the wind energy capacity installed for 25 years or until the site cease to operate whichever is the sooner, would be paid into the Community fund by Banks with an estimated contribution of £6,000 to £7,500 per year. The benefits of such an approach are that the fund would be managed by professional fund managers who will provide a through assessment and make recommendations on the merits of each application. It would not take up Banks and Barnsley MBC staff time.

Option 2

If the Members are not comfortable with option 1 above then Hazlehead Wind Farm Ltd, will agree to pay the agreed annual amount based on £1,000 per MW of installed generating capacity each year to the Council for distribution. The responsibility for administration and distribution of the

43 Fund would then rest with the Council but Banks would wish to agree criteria for the distribution of the fund.

Members should be aware that community benefits are not unusual where wind farms are close to communities. Members are, however, reminded that this should form no part of their decision on the application, which should be based on the material planning considerations of the case alone.

Policy Context

The site is within the Green Belt and Area of Borough Landscape Value in the adopted Unitary Development Plan

The site lies within the Green Belt of the emerging Local Development Framework.

The following UDP policies are considered in association with this proposal:-

Policy GS7 – Development within the Green Belt will not be permitted unless it maintains the openness of the Green Belt.

Policy GS9 – Development within the Green Belt should not by reason of its siting, materials or design result in any significant harm to the visual amenity of the Green Belt.

Policy GS13 – Area of Borough Landscape Value, there should be no loss of valuable landscape features; the nature and form of development should be sympathetic to the area; and the overall character and appearance of the area is to be conserved and where possible enhanced.

Policy ES12 – Proposals for wind energy generation will be assessed against the effect on landscape, visual amenity, residential amenity, noise, shadow flicker, flashing, impact on highway network, wildlife, ecology and electro magnetic effects.

Policy ES12A indicates that appropriate technology and design will be required on new wind generation proposals together with appropriate colouration.

Policy BE6 indicates the Council will seek to achieve good design standards for all types of development

National Policies Include:

PPS1 – Delivering Sustainable Development

PPS22 and Companion Guide – Renewable Energy

PPG2 – Green Belts

PPG14 – Development on unstable Land

Draft Regional Spatial Strategy

44 Consultations

The Environment Agency has no objection to the proposal but would wish to see a condition attached to ensure the prevention of pollution of the water environment.

The Assistant Director or Environmental Health has no objections to the proposal but would wish to see a number of conditions attached to any grant of planning permission to ensure the noise monitoring of the site.

The Transportation Manager has no objections to the proposal

Kirklees Metropolitan Council have commented that the application will have a visual impact from the Victoria area on the southern edge of Kirklees but this will be mitigated to some degree by its location adjacent to the existing industrial Hepworth Pipeworks. They state that the visual impact from the remainder of Kirklees is generally limited and that no significant noise issues are likely to impact on Kirklees.

Peak District National Park Authority object to the proposal on the grounds that the turbines would be very prominent features in the landscape and as a result be unacceptably intrusive in both views out of and into the park from the surrounding countryside.

Sheffield Council has no objection to the proposal.

The Campaign to Protect Rural England (South Yorkshire) supports the proposal.

The Countryside Agency has no objections to the proposal although stresses the importance of assessing the visual impact on the nearby Peak District National Park.

Natural England is a new statutory agency that has replaced English Nature, the Landscape, Access and Recreation part of the Countryside Agency and the Rural Development Service and has no objections to the proposal. Advice has been given on restoration, landscape and drainage and they have accepted the developers mitigation to protect bats.

South Yorkshire Archaeological Service has no objections but would wish to see a number of planning conditions attached to any grant of planning permission.

South Yorkshire Mining Advisory Service originally had concerns regarding the impact of the geology and past mining on the development. However, following negotiations with the developer they consider that the most pragmatic solution is include a condition to any grant of planning permission requiring each location to be fully investigated in relation to geological faulting.

Yorkshire Water has no objection to the proposal but would wish to see the water main which crosses the site protected by not allowing any building within 6 metres of either side of the pipes centre line.

The Ramblers Association objects to the proposal due to the adverse impact on visual amenity, Green Belt and the Peak Park.

National Air Traffic Service has no safeguarding objection to the proposal in respect to air traffic control

Dunford Parish Council objects for the following reasons:

• Visual impact on houses in the immediate vicinity • Strobe lighting effect

45 • Adverse affect on the wildlife of the area in particular birds • Impact on Green Belt • The humming noise given off by the turbines • Cumulative impact with Royd Moor wind farm

Representations

The proposal was advertised as a major application accompanied with an Environmental Statement, six site notices were posted around the perimeter of the site, a total of 143 neighbour notification letters were sent to properties within the vicinity of the proposal and the application was advertised in the local press.

There were 480 letters of objection 416 in the form of 9 types of proforma letters with 64 individual letters. Letters of objection were not confined to the district, for example York, Bolton, Peterborough and Middlesex.

There were 5 letters of support for the proposal

The following represents a summary of the comments received. Whilst it is not the full text, it represents the key points that have been expressed regarding this proposal.

Support

• Helps combat global warming • Fit well into the landscape and are a safe form of energy generation • Local impacts do not offset the overriding need for such a facility • No serious effects on biodiversity

Objections

Road Safety and Winter weather hazard

Response - The application has been assessed by Highways Development Control who have raised no objections on highway safety grounds

No community benefits

Response - The applicants have provided two options for community benefit both of which provide approximately £7,500 per annum for the benefit of local residents.

Danger to wildlife

Response – This appears to be a non specific concern regarding wildlife. The application has been assessed by Natural England who has not objected to the proposal.

Noise

Response - Detailed comments are provided in the section on Noise Impact below.

46 Ice fling

Response - The build-up of ice on turbines is unlikely to present problems on this site. For ice to build up on wind turbines particular weather conditions are required that in England occur for less than one day per year. Details are provided in Wind Energy Production in Cold Climates (WECO) (ETSU W/11/00452/00/REP) In those areas where icing of the blades does occur, fragments of ice might be released from the blades when the machine is started. Modern wind turbines are fitted with vibration sensors which can detect any imbalance which might be caused by icing of the blades; in which case the operation of machines with iced blades could be inhibited.

Lightning strikes

Response - The blades are equipped with lightning receptors by the blade manufacturer. A lightning will be discharged from the receptors to the rotor hub and then to the rotor shaft. From the rotor shaft it will be diverted to the main frame and further down to earth by two carbon brushes

Shadow flicker

Response - Please see comments in section on Shadow Flicker below.

Too close to properties

Response - As stated in the Site Description Section the nearest properties are situated approximately 400 metres from the nearest turbine. A significant rise in the land from the dwellings to the windfarm site partially obscures views toward the position and although the blades will be visible the turbines are not considered too close in terms of noise impact.

Low flying area for RAF

Response - The application has been assessed by the National Air Traffic Service who has no objections to the siting of the turbines with respect to aircraft safety. In a letter from the Defence Estates to the applicant it was stated that the MOD had no concerns with the proposal.

TV Interference

Response - Information was sought from the developer with regard to possible interference with television and radio reception. A condition would be attached to any grant of planning permission requiring a television survey and operational procedure for dealing with complaints regarding interference from the operation of the turbines.

Over development

Response - Cumulative impact is dealt with in the main report.

Unstable ground conditions

Response - The application has been considered by the South Yorkshire Mining Advisory Service who has assessed the implication of the development with regard to development on unstable land. Their Response is detailed in the main report below.

No change in circumstances since original application submitted

Response - Members are referred to the section on Change In Material Circumstances below.

47 Will Deter tourists

Response - Research on this subject is not definitive and limited. It is considered that the impact on tourism in the area will be minimal and would not provide sufficient reasons for refusing permission.

Visual impact on Peak District National Park

Response - The impact on the Peak District National Park and the wider area is considered in the visual/Landscape Impact section below.

Impact on Green Belt

Response - Details are provided in the section on Green Belt below

Devaluation of property prices

Response - Members will appreciate that the effect the development may have on property values is not a land use planning matter.

The proposal site is on the border with Kirklees Metropolitan Council who have not formally objected to the proposal. However, three Council Members from that Authority have also made representations Their concerns are that there will be a significant detrimental visual impact on the are, flicker and blinding effects of the sun, ice, noise and television reception. These have been dealt with in other areas of the report.

A letter was received from Hepworth Building Products concerned that the proposed turbines were close to the manufacturing operations and that there was no reference as to how their operations would be affected.

Response from the developer

The minimum desirable distance between wind turbines and occupied buildings calculated on the basis of expected noise levels and visual impact is greater than that necessary to meet safety requirements. Fall over distance (height of the turbine to the tip of the bald) plus 10% is cited as a safety separation distance. The maximum height of the 3 proposed turbines is 100 metres and the location is such the fall over distance meets the safety requirements set out within the companion guide to PPS22.

Any future use of the Hepworths Building Products land would be judged against existing developments within the immediate vicinity of the site and consideration is given to these potential future uses.

Assessment

Policy Framework

The Energy White Paper: Our energy future – creating a low carbon economy (2003) outlines the role of renewable energy and sets a target for renewable energy sources to provide 10% of the United Kingdom’s electricity by 2010, with the aspiration of 20 % by 2020. In this context, Planning Policy Statement 22: Renewable Energy (PPS22) encourages the appropriate development of wind power.

48 It lists the key principles to be followed in planning for renewable energy, provides guidance on locational considerations and advises on landscape and visual effects and noise. PPS 22 is supplemented by a companion guide which offers practical advice as to how the policies of PPS22 can be implemented; development control issues and a technical annex on onshore wind energy projects.

PPS22 states the following “The key principles of harnessing wind energy by wind turbines is well established, and wind turbines make a significant contribution to electricity supply systems in Europe and the UK. There is no doubt about the technical feasibility of wind power”.

The Government published its review of the strategy set down in the White Paper. This review, entitled ‘The Energy Challenge’ (2006) reaffirmed the wider economic, social and environmental benefits to be gained by moving towards more sustainable energy sources and restated the government’s commitment to increase the proportion of our energy supply from renewable sources. In particular, the Government recognises that renewable projects may not always appear to provide particular local benefits, but that they provide crucial national benefits. The Government considers this fact to be a significant material consideration in the determination of projects by decision makers.

Planning Policy Guidance Note 2: Green Belts is relevant as this application site lies within the designated Green Belt. PPG2 sets out the purpose of including land in the Green belt and how such land should be used. PPG2 also sets out the presumption against inappropriate development in the Green Belt and the need for very special circumstances to be demonstrated to enable permission to be granted for such development.

Planning Policy Statement 1 Delivering Sustainable Development sets out the Government’s objectives for the planning system, emphasising sustainable development. The document predates the emerging and strengthened guidance set out in the 2006 Energy Review. The Statement encourages:

• social progress which recognises the needs of everyone • effective protection of the environment • the prudent use of natural resources • the maintenance of high and stable levels of economic growth and employment.

The Draft Regional Spatial Strategy indicates that Barnsley has a potential to provide 15.4 MW of renewable energy by 2010. Barnsley has the highest target figure in South Yorkshire due to the elevated topography to the west.

Visual Impact

Visual impact is a consideration of the changes in the character of a landscape and in making an assessment of the severity of the impact consideration needs to be given to the quality of existing views, duration of the impact and distance from the impact. Clearly, in respect of the size and scale of the proposed turbines, visual impact is a major consideration and has been the most signification area of objection to the application.

Section 8 of the ES assesses the potential landscape and visual impacts of the windfarm. The report describes the methodology used to assess the potential impacts and includes an assessment of the baseline conditions and identification of the receptors likely to be affected by the proposed development.

The ES also provides photomontage and wireframe methodology and produces montage images of the 3 wind turbines and superimposed them onto photographs. The photomontage images were

49 recorded from viewpoints within a 5km radius zone with the viewpoints chosen to illustrate the impact upon the nearest range of receptors. Wireframe images were generated for 5km to 10km radius zone where the visual impact of the development proposal was considered to be less significant.

The ES states that Zone of Theoretical Visual Influence (ZTVI) modelling was used to identify visual sensitive locations and as a result 16 viewpoints have been established to provide a representative indication of the impact of the proposed turbines. Nine of the viewpoints are located within the 5km radius zone with seven in the 5km to 10km zone.

The site is listed as ‘Ingbirchworth Upland Farmland’ in the Council’s Landscape Character Assessment (LCA) prepared in 2002 as a result of the UDP Inspectors Inquiry report requiring an assessment of the Borough Landscape as part of the an exercise to establish appropriate sites for new housing in the Unitary Development Plan.

The LCA says this area is one of the most sensitive in the borough – it concludes that in this area, “landscape sensitivity to built development is judged to be high and landscape capacity (to accommodate development) is considered to be low”. The LCA sets out a strategic objective to “conserve and restore” the landscape in this area. It should be noted that Royd Moor Windfarm falls within the same Landscape Character Assessment area as the proposal site and states that “A large wind farm, built in 1993, is another feature of this area. Its graceful turbines are visible from many miles around, including from some elevated areas in the far extremes of Barnsley Borough 23 kilometres to the east, providing a prominent landmark in this large-scale landscape.” The existing wind farm of 13 turbines with a hub height of 35 metres and blade length of 18.5 metres is located nearby at Royd Moor. These turbines have an energy generation capacity of 6.5MW. They have been there since 1993 and have permission to operate until 2018. It is understood that they are judged by the industry to be outdated in terms of their technology and efficiency.

The key aim of the designation of Areas of Borough Landscape Value is to conserve and enhance the landscape. The surrounding site of the windfarm is particularly out of character with the similarly designated surrounding area due to its industrial nature. Quarrying along with former and future landfilling operations have left the area despoiled and out of context with the surrounding locality. Natural revegetation has regenerated the area to a certain extent but in general the landscape is of poor quality in the immediate vicinity of the proposed development.

The Peak Park have responded to the consultation request and considers that the immediate countryside surrounding the Park, although not subject to the same designation, is nevertheless of great importance for the complimentary role it plays as the setting for the National Park. Consequently the Peak Park Authority lobbies hard for appropriate restraint to be included in relevant Development Plans as well it being a material consideration in Development Control decisions affecting the fringes of the National Park

The Peak Park considers that the proposal for three significantly larger wind turbines (than those refused on appeal in 1996) is considered open to strong landscape objection, particularly as the increased height of these turbines over the previous proposal would make them visible over a wider area. It is the Authority’s view that the turbines would be very prominent features in the landscape and as a result be unacceptably intrusive in both views out of, and into the Park from the surrounding countryside. Therefore, in our view, acceptance of the turbines would significantly detract from the valued character and appearance of the countryside bordering the Park and thus cause serious harm to the setting of the National Park. In view of these objections and the concerns over proliferation of wind farms/turbines in the locality the Authority recommends refusal of the application.

50 However, considering the photomontages and a visit to the edge of the Peak Park nearest to the proposed windfarm reveal that the distant views, in my opinion, would have little adverse impact on the views into and out of the Peak Park and would not detract from the character of the Peak Park.

The ES states that given the scale and location of the windfarm, there are only a limited number of realistic mitigation measures which could be introduced. One important measure is that technical specifications of the wind turbine require that they are a semi-matt and pale grey in colour. The topography of the surrounding area will result in the turbines being seen predominantly against the sky (although there will be some that contrast with distant hills) and it is visually important that they have a minimal contrast with the sky. Semi-matt and pale grey is generally recognised as the predominant background colour. There are no specific landscape enhancement measures proposed although the approved restoration scheme for the landfill operation will provide a setting of pastureland and woodland in keeping with local landscape character. The ES notes that the northern boundary of the site adjacent to Bedding Edge Road has the potential for screen planting. Native woodland planting would mitigate view of the turbines from Bedding Edge Road and adjacent properties over time. However, it would also screen the moorland backdrop from view.

Following discussions with Council five additional photomontage studies were produced in order to supplement the 16 earlier photomontage and wire frame viewpoint locations. It is noted that the visual impact diminishes with distance from the site. This is due to the nature of the proposed development and to the undulating nature of the surrounding landform.

The Landscape and Visual Assessment report that views from much of the immediate area surrounding the site and within 3 km of the development would be dominated by the proposed turbines. This would be the case wherever the turbines were situated but this does not necessarily mean that there would be significant adverse harm to the landscape.

The Landscape Design Team consider that the ES adequately describes the impacts of the proposal both at a local level and also with the context of the wider environment and concludes that there will be significant impacts in visual terms on the landscape.. Development of this nature inherently impacts on the landscape, however the negative impacts have to be considered against other factors and in this particular instance Government objectives for renewable energy production. With this in mind the Landscape Design Team consider the application acceptable in broad terms, i.e. sighting and location. The Team also suggest that the applicant give further consideration and provide more detailed information regarding landscape mitigation measures at a local level, including the treatment and maintenance of the land within the site as a condition of any approval.

Green Belt

When located in the Green Belt many renewable energy projects will comprise inappropriate development which may impact on the openness of the Green Belt. Therefore, very special circumstances must be demonstrated that clearly outweigh any harm by reason of inappropriateness. PPS22 states that such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources.

Policy GS7 of the adopted UDP states that Development will not be permitted in the green belt unless it maintains the openness of, and does not conflict with the purposes of including land in, the green belt. Wind turbines are not mentioned as acceptable development in the Green Belt Policy within the UDP which was adopted in 2000 and predates later government policies. However, it should be noted that the draft Local Development Framework considers that renewable energy schemes, including wind turbines may be acceptable provided they do not have a negative effect on openness or appearance.

51 The applicant has argued in the ES that the turbines will be clearly visible but that the proposed wind farm will not harm the openness as there would be no impact on visual permeability i.e. relatively slim structures in the overall landscape. It is considered that the widely accepted and compelling argument of the need for renewable energy and the wider environmental and economic benefits carry sufficient weight to constitute very special circumstances required to set aside any harm due to inappropriateness.

Land Stability

Planning Policy Guidance Note 14 – Development On Unstable Land states that land stability is a material planning consideration. Developers should ensure that their land and developments are safe and will not put people at risk. The planning system is concerned with the public interest rather than the interests of individuals and it is for the developer to demonstrate that the effects of subsidence will not be unacceptably adverse or that they can be successfully mitigated. The South Yorkshire Mining Advisory Service was consulted in order to seek appropriate expert advice and procure any necessary technical investigations to ascertain the effects of previous workings on the proposed developments and how they can be mitigated.

Having considered the proposal with regard to the micro siting which will allow a variation of up to 50 metres combined with mitigation against possible shallow mining constraints, SYMAS consider the most pragmatic solution would be to include a condition in the planning permission specifically stating that each location should be fully investigated in relation geological faulting, disused mineshafts and made ground/fill material. The results would then be submitted to the Planning Authority along with proposed details of proposed treatment for approval if required. Annex 2E of PPG 14 provides guidance on the content of stability reports.

Ecology and Ornithology

BMBC's Ecologist concluded that the main issue with respect to the development was birds and, in particular, use of a number of small water bodies by wildfowl in the vicinity. In response, the concern about birds was noted, and again the water bodies referred to would be reduced or lost as part of the landfill development.

The applicant contacted the Royal Society for the Protection of Birds on 29th March and 22nd June 2006 for opinions on the location of the proposed windfarm and whether any sensitive species or sites are likely to be impacted upon. A verbal response was received that stated RSPB had no concerns over siting of the windfarm and considered no sensitive bird species would be affected by the development. In response, it was noted that this is consistent with the apparent position of the RSPB in respect of the previous windfarm application and the landfill site.

The RSPB were consulted formally by the Council and have not provided any adverse comments with regard to the wind turbine. A report published in Nature in 2004 has confirmed that the greatest threat to bird populations in the UK is climate change. The impact of a wind farm on the local ecology should be minimal. The proposal will leave the land between the turbines totally unaffected and, according to PPS22, there is little evidence that domesticated or wild animals will be affected by a wind farm.

Two Bat surveys were undertaken to assess the level of activity/foraging around the three proposed turbine locations. Reported bat activity was largely restricted to, or in proximity to, sheltered woodland edges and scrub.

52 Recorded bat activity was largely restricted to, or in proximity to, sheltered woodland edges and scrub. Natural England have confirmed that the additional information and the mitigation proposed which includes felling of a pine plantation including monitoring after tree felling, addresses their concerns in relation to bats at this site. Moreover, the applications are proposing to replace the felled trees by planting deciduous woodland on another area within their site boundary. The landscape Design Team suggest that further research into this issue be undertaken before contemplating the removal of what is a significant proportion of the existing woodland on the site. Whilst the woodland is not of great quality, it provides a habitat for other species and as an existing feature it has potential value in providing an established ‘backbone’ to assist in the long- term enhancement of the site. There is a proposal to monitor the bat mortality rate after the construction of the wind farm. These monitoring resources should be used to establish the need for any felling once the turbines are operational. If mortalities are proven to be high a sequential felling operation could be undertaken over a period of time (until they become negligible or indeed cease.

Noise Impact

Core policies on development and noise pollution can be found in Planning Policy Guidance Note 24 – Planning Noise. Other guidance documents are "The assessment and rating of noise from wind farms produced by the Energy Technical Support Unit (ETSU) of the Department of Trade and Industry which provides information for developers and planners; and BS5228: Noise and Vibration Control on Construction and Open Sites.

Sensitive receptors are identified in the ES and the existing noise climate was established by conducting a baseline monitoring survey at the location of each receptor using calibrated integrating sound level meters.

The technical section on noise has been assessed by the Council’s Regulatory Services who have not objected to the proposal. Despite the concerns of objectors on the issue of noise there is no objective basis for refusal of this application based on noise grounds. The Service has recommended a number of mitigation measures and has proposed a number of conditions which will aid in mitigating noise from the development.

Shadow Flicker

A concern expressed by local residents relates to the potential effects on health and nuisance caused by shadow flicker. Under certain combinations of geographical position, time of day and year, the sun may pass behind the rotor of a turbine and cast a shadow over neighbouring properties. The effect will only occur when a particular combination of conditions coincide. It happens when the sun is low in the sky and shines onto a building from behind the sweep of the blades of a turbine. The resulting shadow caused by the blade will move across the intervening ground and building. If this shadow passes across a narrow window which faces the turbine then it can cause a ‘flicking effect’ inside the building.

The assessment concludes that there are a number of properties, which theoretically may be affected by shadow flicker at some point during the year. However, the developer has offered the following mitigation

• Planting tree screens between the turbine and affected properties

• Installation of window blinds at affected properties; or

• Automatically shutting down the turbines at times when shadow flick could potentially occur.

53 No routine monitoring has been proposed but this could be added as a condition to any grant of planning permission.

Sunlight reflected from the turbine blades was also raised as a potential issue during scoping. This issue is eliminated by the use of a matt finish on turbine components to prevent high intensity reflected sunlight, or glint from the turbines

Cumulative Impact

PPS22 states that Planning Authorities should also take into account the cumulative impact of wind generation projects in particular areas. Such impacts should be assessed at the planning application stage and authorities should not set arbitrary limits in local development documents on the numbers of turbines that will be acceptable in particular locations.

The ES considers the following cumulative impacts

• the number of and distance between individual windfarms;

• the inter-relationship between their respective Zone of Theoretical Visual Influence (ZTVI’s);

• the overall character of the landscape and its sensitivity to windfarm developments; and

• · the location and design of the windfarms and individual turbines.

Where more than one windfarm, including the proposed Hazlehead Windfarm, could be seen either simultaneously or successively from a particular viewpoint or sequentially from major road or rail routes. As a 10km radius study area has been selected for landscape and visual effects, it would theoretically be possible to see the windfarms at least 10km in any direction which requires a cumulative visual assessment study area of a 20km diameter (i.e. 2km x 10km).

Hazlehead, Royd Moore and Longley Farm (Kirklees) are all located within one landscape character type the Ingbirchworth Upland Farmland whilst Bull House at Ecklands lies within the Upper Don River Valley. The potential for three turbine complexes in the one landscape character type will extend an existing visual component in an area where landscape sensitivity is high. The landscape condition however, is low and potential for landscape change in this small area is better than in its more remote neighbours.

The area of maximum cumulative impact is limited to an area defined by Thurlstone Moor in the south, Royd Moor to the east, Tinker Hill to the west and the Harden to Victoria road to the north. This area which contains the villages of Crow Edge, Carlecotes and Millhouse Green has a low rural population within a number of isolated houses and farms. Within this area the orientation of individual properties and the presence of localised landscape elements will break up and reduce the impact of views.

A review of the cumulative ZTVI, in which the proposed Hazlehead turbines will be one of the component windfarms, is included as part of the ES. It is assessed that the proposed Hazlehead wind turbines will always be viewed as a separate and distinctive renewable energy development by motorists and their passengers and this is accepted by the Council.

54 Material change in Circumstances

Members of the public have argued that planning permission for this site should be refused because a similar application was refused on appeal in 1996. However, Consultation Planning Policy Statement: Planning and Climate Change, December 2006 states:-

“There is a compelling scientific consensus that human activity is changing the world’s climate….The Government believes that climate change is the greatest long-term challenge facing the world today. Addressing climate change is therefore the Government’s principal concern for sustainable development.”

As has been noted earlier in this report Planning Policy Statement 22 and the Companion Guide (2004) sets out to encourage the appropriate development of further renewable energy schemes. Such schemes would meet the Government target of generating 10% of our electricity from renewable source with the aspiration of increasing this to 20% by 2020 as set out in Energy White Paper: Our Energy Future – creating a low carbon economy, 2003. As PPS22 states if the targets are to be met , a positive and innovative approach will be required.

The Draft Regional Spatial Strategy for Yorkshire and Humber (2005) states in the Environment Chapter that The Region will improve energy efficiency and increase installed renewable energy capacity to at least 708 MW by 2010 and to 1862 MW by 2021. The indicative renewable energy potential within Barnsley is considered to be 15.4MW (Draft RSS Table 15.12).

It is clear from the above that there has been a major policy shift from central government towards a more positive acceptance of renewable energy projects since their position in 1996.

The Planning Balance

The application is clearly controversial and has attracted a large number of letters of objection and generated a web site against the development. It has been shown that the proposed development will clearly have an impact on the surrounding landscape of the Green Belt. However, in my opinion exceptional circumstances have been established to overcome the objections of development in the Green Belt.

Consideration has been given to national, regional and local policy when assessing the proposal. PPS22 establishes the national framework for facilitating the delivery of renewable energy projects and provides recognition for the wider environmental and economic benefits of such proposals. All renewable energy projects regardless of scale are capable of contributing to the overall amount of clean energy and the response to the damaging effects of climate change. This proposal provides a significant contribution to the regional targets.

The Regional Targets as set out in the RSS are at least 15.4 MW for Barnsley. The purpose of RSS policy is to increase energy efficiency through passive design, better use of existing power sources and other measures, and to increase installed renewable energy capacity in the Region so that renewable energy provides 9.4% of the Region’s electricity consumption by 2010 and 22.5% by 2021. These targets include current installed renewable energy capacity. Individual Local Authority figures help to inform the delivery of the sub regional targets and provide suitable spatial dimension for those targets. The delivery of these targets will lead to wider economic and environmental benefits, such as: reduced greenhouse gas emissions; provision of a scarce and diverse energy supply for businesses and residents and reduced instances of fuel poverty.

55 In addition to this the Department of Trade and Industry has produced ‘The Energy Challenge: The Energy Review 2006’. The review discusses energy production and renewables. The Government is committed to supporting developments in renewable energy sources in order that they make up 20% of all the UK’s energy production by 2020 and play a key role in bringing about a 60% reduction in CO2 emissions by 2050. To aid this process the Government intends to work with the planning system across the UK to reduce delays and uncertainty for developers and others.

Although wind farms are often contentious, (this site being no exception), and it is acknowledged that the three turbines will have a significant effect on the local landscape. However, the immediate area around the turbines is industrial in nature though beyond that are areas of attractive countryside with the Peak Park only 1.5km away. Though the turbines are much larger then previous application in 1994 they are limited to 3 in number and are sufficiently separated to reduce impact.

Other matters have been raised by objectors and have been taken into account when preparing this report. On balance it is considered that the importance of generating increasing energy and the relatively ‘temporary nature’ of the proposal outweighs harm to the visual impact on the landscape of the area and it is recommended that planning permission be granted subject to referral to Government Office as a significant development in the Green Belt.

Recommendation

Grant subject to:-

2 The permission shall expire no later than 25 years from the date that electricity from the development is first exported to the grid. Within 12 months of the expiration of the permission all elements of the development above ground level, excluding the access tracks, shall be removed and the land restored in accordance with the Decommissioning Method Statement required by Condition 3 below Reason: In the interests of the amenity of the area

3 The development hereby approved shall be carried out strictly in accordance with the Environmental Statement dated August 2006 and the drawings and specifications contained therein, except where stated otherwise in conditions attached below which shall in all cases take precedence. Reason: For the avoidance of doubt.

4 Prior to the commencement of the development hereby permitted a Stability Report, including foundation details and a completion report containing full information on the investigation and treatment of the site, including, where relevant, arrangements for longer-term monitoring and maintenance, in accordance with the guidance in Annex 2E of PPG 14 shall be submitted for the written approval of the local planning authority. The development shall be carried out in accordance with the approved Stability Report. Reason: To ensure the safe siting of the turbines

5 Prior to the commencement of any development on site, information regarding the assessment of risk to controlled waters must be submitted to and approved in writing by the Local Planning Authority Reason: The prevention of pollution of the water environment

6 Prior to the commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority which provides details of off site highways works on the A161/B106 junction at Bents Road to accommodate the abnormal load trailers that will deliver the turbine blades. Thereafter the works identified by the approved scheme shall be implemented in their entirety prior to the commencement of development. Reason: In the interests of highway safety.

7 No development shall take place until a bat monitoring scheme, including a programme for its implementation, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include a programme of bat monitoring and any necessary mitigation methods including compensatory tree planting if any of the pine plantation is removed. Reason: In the interest of protecting bat populations within the vicinity of the turbines.

8 No development shall take place until the implementation of a programme of archaeological work has been secured in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that any archaeological remains are recorded or are preserved in accordance with an agreed scheme and in accordance with UDP Policies BE3, Archaeological Sites and BE4.

9 Prior to any works commencing on site, a condition survey (including the structural integrity) of Bents Road shall be carried out in association with the Local Planning Authority. The methodology of the survey shall be approved in writing by the Local Plan Authority and shall assess the existing state of the highway. On delivery of the three wind turbines and associated equipment a second condition survey shall be carried and shall be submitted for the written approval of the Local Planning Authority which shall identify any defects attributable to the traffic ensuing from the development. Any necessary remedial works shall be completed at the developers expense in accordance with a scheme to be agreed in writing by the Local Planning Authority. Reason: In the interest of road safety

10 No wind turbines shall be erected until the applicant has agreed with the Local Planning Authority an operational procedure for the resolution of complaints regarding interference resulting from the operation of the turbines, and has completed a survey of television reception at residential properties which could be subject to interference. Any subsequent complaints regarding television reception shall be decided in accordance with the agreed procedure, and if the complaint is found to be justified the applicant shall take those necessary measures to rectify the problem at his cost. Reason: In the interests of residential amenity.

11 Within a period of at least 12 months preceding the expiration of this permission, a Decommissioning Method Statement, including details of site restoration, soil replacement, landscaping, creative conservation and a timetable for its implementation and maintenance, shall be submitted to the Local Planning Authority. The approved scheme shall be implemented and maintained in accordance with the approved details. Reason: In the interests of the amenity of the area

12 If any turbine ceases to be operational for a continuous period of 12 months it shall, unless otherwise agreed in writing by the relevant local planning authority, be dismantled and removed from the site. That part of the site shall be restored in accordance with a scheme, including a timetable for its implementation, to be submitted to the local planning authority within 2 months after the said 12 month period. The site shall be dismantled in accordance with the approved scheme. Reason: In the interests of the amenity of the area

13 Unless otherwise agreed in writing by the Local Planning Authority before development commences, details of mitigation measure to protect the raw water main shall be submitted for the written approval of the Local Planning Authority. Construction shall then be undertaken in accordance with the approved details. Reason: To ensure the structural integrity of the main is protected at all times

14 Unless otherwise agreed in writing by the Local Planning Authority, no building or structure shall be placed or erected within 6 metres of either side of the centre of the raw water main which crosses the site Reason: To allow sufficient access for maintenance and repair work at all times

15 Noise monitoring shall be undertaken at the frequency set out in Hazlehead Wind Farm Management Plan.

Location Maximum noise level permitted (DbA L90 10mins)

Bents Farm Night 40 Day 43

Bents Road Night 40 Day 43

Brook Hill Lane Night 40 Day 43

Riddlepit Night 40 Day 43

Green Acres Night 40 Day 43

Day-time is defined as 07.00 - 23.00hrs;

58 In the event that the audible noise emitted from any of the turbines as heard and measured at any of the dwellings identified above, contains a distinct tonal character (as defined in BS 4142: 1997 section 8.2 or in ETSU-R97) the noise limits specified above shall be reduced by 5 dB Reason: In the interests of residential amenity.

16 Construction and delivery activities on site shall be limited to the hours of 8 am to 6pm Monday to Friday, 8 am to 12 noon on Saturdays and not at all on Sundays or Bank Holidays. Reason: In the interests of protecting the amenity of nearby residential properties

59 Pond

304.2m

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(disused) Pond Slag Heap (disused) BM 323.70m Town Edge Piece

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Planning Application Number: 2006/1575 Site Address: Land at Hazlehead/Crow Edge, Flint Lane, Sheffield 1:5451

Development Description: Erection of three turbine wind farm (Environmental Impact Assessment) Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

2006/1753 Wentworth Castle & Stainborough Park Heritage Trust, Construction of visitor kiosk, footbridge (across Ha Ha) fencing and tree works and works to stone gate piers and walls. Wentworth Castle, Lowe Lane, Stainborough, Barnsley.

Description

Wentworth Castle was originally built in 1670-2, with a number of 18th and 19th Century alterations/extensions. The building is one of the few grade 1 listed buildings in the Borough and is currently used as an adult education college.

The grounds occupy 40 acres of listed gardens which is one of only 5 in the Borough, and the only one to have grade 1 status. In addition to the gardens are over 500 acres of parkland, currently undergoing restoration. It is anticipated they will open to the public later in the year.

Proposed Development

The proposal involves:

1. The construction of a small visitor kiosk sited at the entrance to the formal gardens, the kiosk is constructed in redwood with a shingled roof and measures 3 by 1.5 metres. 2. A footbridge (across Ha Ha) to give access from the gardens to the parkland this will be built in stone to match the existing ha-ha wall. 3. Fencing and tree works. 4. Works to stone gate piers and walls are also proposed.

Policy Context

Unitary Development Plan – Green Belt/Area of Borough landscape Value/ Listed Building (Grade 1).

BE2 – Development which would adversely affect the special architectural or historic interest character of listed buildings will not be permitted.

BE2A – The council will seek to preserve or enhance the settings of listed buildings by appropriate control over the design of new development, and preservation of trees and landscape features.

Consultations

English Heritage – Consider no comments needed

Stainborough Parish Council – No comments

Representations

None

61 Assessment

Material Consideration - Principle of development Design and layout Visual Amenity

Principle of development - Development which does not adversely affect the historic or architectural character of a listed building is normally considered acceptable.

Design and layout - The design and layout of the proposals is well detailed, sensitive and respects the historic and architectural character of both the buildings, parks and gardens within the Wentworth Castle grounds. The scheme will preserve the overall character of the site and improve its landscape context and assist pedestrian access. It is therefore in compliance with policies BE2 and BE2A and a worthy addition to the wider restoration proposals.

Recommendation

Grant subject to:-

2 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications received on 11/01/2007, unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

3 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, unless the Local Planning Authority give written consent to any variation. Reason: In the interests of the visual amenities of the locality.

62 Tennis Courts T r a c k Tank

160.9m

Home Farm 161.5m

St James's Church

Playing Northern College Wentworth Castle Wentworth Castle 157.9m

Northern College

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Planning Application Number: 2006/1753 Site Address: Wentworth Castle, Lowe Lane, Stainborough, 1:2500 Barnsley.

Development Description: Construction of visitor kiosk, footbridge

(across Ha Ha) fencing and tree works and works to stone gate piers and walls. Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

2006/1757 Mr Stephen Drewery Erection of a bungalow for agricultural worker (Outline) Land off Nether House Lane, Langsett, Sheffield

Site Layout and Description

The proposal lies within an extensive area of grazing land that forms part of this agricultural holding of nether House Farm. Specifically, the site consists of a part grassed/part gravelled area with an existing caravan and metal sheeted building towards the eastern side. To the east and north of the site are existing stone farm buildings and a metal sheeted barn. Elsewhere the surroundings predominantly consist of open farmland.

Proposed Development

The application seeks outline planning permission for the erection of a bungalow for an agricultural worker. All matters are reserved for further consideration apart from layout. The applicant has sited the proposed bungalow close to the farm buildings with access from Nether House Lane.

Policy Context

The site is within the Green Belt. As such the following policies GS8 and GS8B would be of relevance to the proposal.

Policy GS8 indicates that within the Green Belt new building will not be permitted, except in very special circumstances, unless it is for agriculture or forestry, essential facilities for outdoor sport or recreation or for other uses of land which preserve the openness of the green belt and which do not conflict with the purposes of including land within it.

Policy GS8B indicates that proposals for agricultural workers dwellings will be determined in accordance with the following principles:

A) Agricultural and Forestry workers dwellings within rural and green belt areas will only be permitted where essential need, to sustain a demonstrably viable agricultural or forestry enterprise, can be shown. B) Permission will not normally be granted for a new agricultural workers dwelling in cases where a farm dwelling has recently been or is to be separated from the agricultural land C) Where new dwellings are accepted solely on the basis of an agricultural or forestry need, the size of the dwelling should be in proportion with the established functional requirement. D) Where new agricultural worker dwellings are permitted in the countryside they shall normally be sited directly adjacent to existing or proposed farm buildings. E) Where new dwellings are permitted they should be constructed using materials appropriate to the locality, to safeguard the visual amenities of the countryside F) Where planning permission is granted for an agricultural or forestry workers dwelling, a condition will be imposed restricting the occupancy to a person solely or mainly working, or last working, in the location in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependents. G) Where permission is granted, on the basis of agricultural need, for an additional dwelling on a farm unit, then an occupancy condition will also be imposed on any existing dwelling on the unit which is under the control of the applicant, an is needed at the time of the application to be used in connection with the farm.

64 Consideration will also be given to Supplementary Planning Guidance 14 on Agricultural and Forestry Workers Dwellings.

Local Development Framework (LDF)

The LDF is a material consideration (as determined by the Planning and Compulsory Purchase Act 2004). The Proposals Map shows the site to lie within the Green Belt. The LDF is a consultation document and at this stage it carries limited weight as a material consideration.

Consultations

Environment Agency – No objections received.

Langsett Parish Council –“it was agreed that a bungalow with traditional materials and designed to blend in with the surrounding area would enhance the site. Also the fact that the owner would be living on the land was seen as an added asset.

Representations

There have been no letters of representation.

Assessment

Material Consideration - Principle of development Design and layout Residential Amenity Highway Safety

Principle of development - The site is within an area designated as Green Belt. The erection of new residential development is not usually considered appropriate within the Green Belt unless very special circumstances are put forward. In this case the applicant has indicated that the dwelling is to be used by an agricultural worker in connection with the day to day running of the agricultural holding. Policy GS8B, and Supplementary Planning Guidance 14, provides the criteria by which such applications are assessed. With regards to this application the applicant has put forward a supporting statement with the following main points indicating the need for the development:

• The beef enterprises at Nether House Lane require experienced and skilled workers to be readily available at all times for animal welfare grounds to attend calving cows, and lambing sheep, attend new-born and young, vulnerable and sick animals. • The scale of the beef and sheep enterprises demand a workforce in excess of one full time worker to meet the functional need. • It is necessary to protect both livestock and farm machinery from theft or injury by intruders. • The agricultural business of Mr Stephen Drewery (applicant) is well established and despite various reorganizations has farmed at Nether House Lane for many years. • There are no existing dwellings at Nether House Lane available to fulfill the functional need of a full time agricultural worker. • The site is not conspicuous

65 The applicant has provided financial records indicating that the farm enterprise is financially sound and well established. There are also indications given that the applicant and his son intend to increase the livestock. Although it is acknowledged that a certain level of supervision and assistance is required the concerns raised over animal welfare and calving would only be appropriate on specific occasions and not necessarily on a 24 hour basis. The applicant has also been unable to provide any records or evidence of thefts at the site and as such less weight can be given to claims of significant crime at the site.

Notwithstanding the above, however, it is acknowledged that the applicant lives in Millhouse Green, a significant distance from the site. The lack of available properties close to the site indicates difficulties in gaining closer accommodation and therefore responding quickly to any matters on the site. The location of a dilapidated caravan on the site and the applicant’s indication that he or his son sleeps in the sheds/caravan on occasions is recognisable of that need. The erection of a dwelling would therefore have the benefit of removing the caravan to the benefit of the visual amenities of the site.

Design and Layout - The applicant has indicated that the bungalow would be sited in the centre of the site which is considered appropriate as it would allow easy vehicular access and would allow landscaping around it. Full design details would need to be considered at the reserved matters stage but the dwelling can be conditioned to be a single storey structure.

Residential Amenity - The property would be a good distance away from neighbouring properties and with appropriate design, scale and positioning of windows should not have a significant detrimental impact on neighbouring amenities.

Highway Safety - The proposal could be adequately accessed via Nether House Lane. The introduction of one dwelling would not lead to a significant increase in traffic movements and considering the lane is only used by a small amount of traffic it is not considered that there would be a significant detriment to highway safety.

Trees - There are no trees on the application site. If planning permission was to be granted it could be conditioned for some planting on the site to provide additional greenery and improve the visual amenities.

Recommendation

Grant subject to:-

1. Application for the approval of the matters reserved in Condition No.2 shall be made to the Local planning Authority before the expiration of three years from the date of this permission, and the development, hereby permitted, shall be begun either:

i) before the expiration of five years from the date of this permission, or ii) before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the latest. Reason: In order to comply with the provision of Section 92 of the Town and Country Planning Act 1990

2. The development hereby permitted shall not be commenced unless and until approval of the following reserved matters have been obtained in writing from the Local planning Authority:

a) the design of the proposed development b) the external appearance of the proposed development c) landscaping for the site

66 d) means of access Reason: In order to allow the Local Planning Authority to assess the details of the reserved matters with regard to the development plan and other material considerations.

3. No development shall take place until full details of the proposed external materials 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

4. Detailed plans shall accompany the reserved matters submission indicating existing ground levels, finished floor levels of all dwellings and associated structures, road levels and any proposed alterations to ground levels. Thereafter the development shall proceed in accordance with the approved details. Reason: To en able the impact arising from need for any changes in level to be assessed and in accordance with UDP Policy BE6, Design Standards.

5. No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property.

6. Prior to the occupation of the dwelling the existing caravan on the site shall be removed to the satisfaction of the Local Planning Authority. Reason: In the interests of the visual amenities of the locality.

7. The dwelling shall be of single storey construction only Reason: In the interests of the visual amenities of the locality

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no enlargement, improvement or other alteration of the dwellings which would otherwise be permitted by part 1 of Schedule 2 to that Order shall be carried out without the prior written consent of the Local planning Authority, and no garages or other outbuildings shall be erected. Reason: To safeguard the openness and visual amenities of the Green Belt

9. The occupation of the dwelling shall be limited to a person solely or mainly working, or last working in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants. Reason: A residential use, unconnected with the agricultural use of buildings and land would not be acceptable due to agricultural noise and other potential nuisances. In addition the site is within the Green Belt where new residential development is restricted unless it is essential for the proper functioning of an established agricultural holding.

10. No development shall take place until there has been submitted to and approved in writing by the Local planning Authority, full details of both hard and soft landscaping works including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained. Reason: in the interests of the visual amenities of the locality.

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Planning Application Number: 2006/1757 1:2500 Site Address: Land off Nether House Lane, Langsett, Sheffield

Development Description: Erection of a bungalow for agricultural

worker (Outline) Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

2006/1779 Whelmar Homes Ltd Residential Development - erection of 33 dwellings (resubmission) Land adjacent Ladycroft, off High Street, Bolton upon Dearne.

Site Description

This former farm has an area of 0.8 Hectares and is located between Station Road and High Street close to St. Andrews Church. The small OAP development of Ladycroft forms the western boundary, and the Angel P.H to the east. The site had a number of hedgerows and small trees but were removed by the applicants upon site acquisition. The site also contains a number of traditionally built agricultural buildings, albeit in derelict condition. A well used and surfaced public footpath runs alongside the sites east boundary.

Proposal

It is proposed to erect 33 dwellings, in a mix of detached and semi-detached styles. All the properties are of two storeys design. Access to the site is to be taken off High Street. A reduction in site levels will be necessary for the properties fronting High Street. The public footpath on the edge of the site is unaffected.

The initial submission included an area of land in the northwest corner where a number of TPO trees are located. This has since been removed from the application, to ensure those trees are unaffected.

History

A previous application on the site (2006/0887) was withdrawn by the applicants prior to its anticipated refusal on design and layout grounds.

Policy Context

The site is a Housing Allocation in the UDP. The LDF reaffirms this allocation and is given a Phase 1 rating.

UDP Policy H3 – Allocate Housing Sites

UDP Policy H6 – Open Space Provision

UDP Policy GS22A & GS22B – Retention of Hedgerows and Trees

UDP Policy BE6 – Design Standards

UDP Policy BE6A – Design to avoid Crime

UDP Policy T2 – Development and the Highway Network

69 Consultations

The Drainage Engineer states that initial detail submitted is acceptable to allow a conditional approval, with full details to be submitted.

The Head of Transportation raised initial concerns with regard to the road layout, and the footpath diversion. The layout was amended to address those concerns.

Representations

3 letters of objection were received from local residents. The concerns raised were as follows :-

• Overlooking from new properties. • Loss of privacy • Future problems with parking on High Street • Loss of TPO trees

1 letter of representation was received asking for the protected tree on the boundary of the owners property to be removed as part of the works.

Material Considerations Principle Design Residential Amenity Highway Safety Trees

Principle - The site is an allocated housing site in both the UDP and LDF. The LDF shows the site as a phase 1 housing site. In addition, the group of buildings within the site confirms its partial brownfield status. As a phase 1 housing site it is not subject to the tests set out in PAN30 which would otherwise apply to a greenfield site such as this.

Design - The house types included within the development are suitable for this location. Without exception they are two storey types, consistent in scale with their surroundings.

Residential Amenity - Separation distances to properties across High Street are on the limit of the Council’s guidance to protect the amenities of existing residents, in this instance 17m. The plots closest to No.2 Angel Street were amended to ensure no overlooking of the private garden area to that property. The removal from the application of the area subject to a TPO means impact on the Station Road properties will be minimal.

Highway Safety - The site has a single point of access from High Street. Properties that front High Street or Station Road have pedestrian access only onto the highway. Vehicle access is taken fro the internal estate road.

Trees - The original plans submitted showed dwellings sited in and around the protected trees in a manner that would have led to damage and pressure for removal. The area has now been deleted from the application and will revert back to the site owner.

70 Recommendation

Grant subject to:-

2 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications dated 19th January 2007 (Drawing 217/2E) unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

4 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries of materials shall only take place between the hours of 0800 to 1800 Monday to Friday and 0900 to 1400 on Saturdays and at no time on Sundays or Bank Holidays. Reason: In the interests of the amenities of local residents and in accordance with UDP Policy ES1, Pollution.

5 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwellings are occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with U.D.P. Policy BE6, Design Standards.

6 No hedges or trees on the site or their branches or roots, shall be lopped, topped, felled, or severed. Reason: To safeguard the trees which are subject to a Tree Preservation Order and amenities of the locality and in accordance with UDP Policies GS22, Woodland, Hedgerows and Trees and GS22A.

7 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, full details of both hard and soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained. Reason: In the interests of the visual amenities of the locality.

8 During the period of construction sufficient space shall be set aside within the confines of the site for the parking of site workers and visitors. Reason: To ensure that satisfactory parking is available in the interests of highway safety and the free flow of traffic.

9 Prior to the occupation of each dwelling hereby approved, the parking and manoeuvring area within its curtilage shall be surfaced, sealed and drained. Reason: To ensure that adequate car parking accommodation is available and in accordance with UDP Policy T2A.

10 No development shall take place until details of the foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the proper drainage of the area.

11 All on-site vehicular areas shall be hard surfaced and drained in an approved manner prior to the development being brought into use, to prevent mud/debris from being deposited on the public highway. Reason: In the interests of highway safety.

12 The parking/manoeuvring facilities, indicated on the submitted 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.

13 All surface water run-off shall be collected and disposed of within the site and shall not be allowed to discharge onto the public highway. Reason: In the interests of road safety.

14 Development shall not commence until details of measures to prevent mud/debris from being deposited on the public highway to the detriment of road safety, have been submitted to and approved in writing by the Local Planning Authority, and such measures shall be retained for the entire construction period. Reason: In the interests of highway safety.

15 Prior to any works commencing on-site, a condition survey (including structural integrity) of the highways to be used by construction traffic shall be carried out in association with the Local Planning Authority. The methodology of the survey shall be approved in writing by the Local Planning Authority and shall assess the existing state of the highway. On completion of the development a second condition survey shall be carried out and shall be submitted for the written approval of the Local Planning Authority, which shall identify defects attributable to the traffic ensuing from the development. Any necessary remedial works shall be completed at the developer's expense in accordance with a scheme to be agreed in writing by the Local Planning Authority. Reason: In the interests of highway safety

16 Prior to the commencement of development plans to show the following levels shall be submitted to and approved by the Local Planning Authority; finished floor levels of all buildings and structures; road levels; existing and finished ground levels. Thereafter the development shall proceed in accordance with the approved details. Reason: To enable the impact arising from need for any changes in level to be assessed and in accordance with UDP Policy BE6, Design Standards.

17 Prior to commencement of development details shall be submitted for a 1m high red brick wall along the Station Road frontage. This shall be completed before the occupation of the first dwelling on that frontage. Reason: In the interests of the visual amenities of the locality.

18 Prior to commencement of development details shall be submitted for a 1m high stone wall to the High Street frontage, to be constructed of squared natural stone salvaged from the demolished agricultural buildings and existing boundary wall.. This shall be completed before the occupation of the first dwelling on that frontage. Reason: In the interests of the visual amenities of the locality.

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Planning Application Number: 2006/1779 Site Address: Land adjacent Ladycroft, off High Street, Bolton upon 1:1250 Dearne. Development Description: Residential Development - erection of 33 dwellings (resubmission) Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

2006/1827 Blackstone Developments Ltd Erection of detached dwelling and detached garage Land adjacent 15 Albany Close, Wombwell, Barnsley

31 letters of objection Petition against signed by 49 residents Request for PRB visit from Councillor Clowery, notification of interest from Cllrs Dyson and Clowery

Site Description

This is a residential area, between Stairfoot and Wombwell bounded by The Trans Pennine trail to the north and Wombwell Lane to the south. This is a corner property, a semi detached house with a large side garden. To the rear are three garages, one of which relates to no 15, the dwelling to the rear which has a side elevation in this direction.

The total existing curtilage is 735 sq metres and the proposed site will be 420 sq. metres.

Proposal

This is a detailed application for a brick built L shaped building two stories high and designed specifically for this wedge shaped site. The rear garden of no 15 will be halved diagonally to create rear amenity space for both the existing and proposed houses. The existing garage to no 15 will be demolished and replacement parking provided to the side. This has been indicated on the amended plans.

The application has been amended during consideration to delete the secondary two storey gable on the front elevation.

Policy

Unitary Development Plan - Housing Policy Area

Policy H8A requires that the scale, layout, height and design of all few dwellings within residential areas ensure the living conditions and overall standards of residential amenity are provided or maintained to an acceptable level.

Policy T2 – development will only be allowed if the additional demand for traffic generated can be accommodated on the highway network without significant detriment to the environment or the safety and ease of movement of pedestrians and vehicles using the network.

SPG3 – gives further advice about the layout and design of new residential development, including infill plots.

LDF - unallocated.

Consultations

Highways -.no objections subject to conditions

75 Representations

The following objections have been received:

• more appropriate sites nearby e.g. Perfecta Bedding • loss of privacy in garden • encroaches in front of building line • loss of garden to adjacent house/overpower enjoyment of adjacent gardens • loss of character/design out of character/ruin street scene/ one of nicest estates in area/blot on landscape/ruin area for ever • initial development provided off road parking/two spaces insufficient for a 4 bed house • access problems for service and emergency vehicles • ruin area for profit for non resident/need to consider good of community • no account taken of existing layout of houses and street/other extensions over years take into account character of street scene. • waste of power resources • should not allow development of every small piece of land/no desperate need for houses in Barnsley • original density increased during development/ assume maximum road would take • overlooking from bedrooms into 11a (other half of semi) and from side windows • incongruous size/dominate street • highway safety/additional parking/congestion • no longer safe environment/danger to children • adverse impact on 15/reduces garden/potential for extending/garage? • site already marked out without permission • area is one of large gardens/generous layout • suggests has large side garden as original builder probably considered too small for further house • loss of view and outlook to be replaced by building • request site visit

Assessment

Material Considerations

Principle of development Design and appearance Residential amenity Highway safety

Principle of development - new residential development is appropriate in such areas subject to the site being sufficient to accommodate the development; appropriate design and appearance; the impact on the street scene and residential amenity.

Design and appearance – main issue is considered to be the impact of a further dwelling in what is currently a gap in the street scene The plans as amended are considered to be of a design and scale appropriate for the area, as although the existing properties were all built at the same time they are not identical and many have been altered or extended over the years. It will it is considered relate well to the side elevations of both adjacent houses and the applicant has submitted a plan showing the street scene of the existing and proposed properties and their relationship.

76 Residential amenity – the proposals comply with the Council’s Development Control standards in respect of space between buildings and distances to the boundary of the site can be achieved. The rear of the house will look over the rear garden of both 11a and 15, but windows are restricted on the first floor to landing and bathroom.

It is not considered the proposal will result in overshadowing of the existing properties although there will be a significant amount of overlooking of gardens from first floor level, as is inevitable in an area with this kind of existing layout.

Highway safety – there are no highways objections to the proposals and it is considered the addition traffic generated by the dwellings can be accommodated on the existing highway network.

Recommendation

Grant subject to:-

3 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications received on 9th January 2007, unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no enlargement, improvement or other alteration of the dwelling which would otherwise be permitted by Schedule 2 to that Order shall be carried out. Reason: To safeguard the privacy and amenities of the occupiers of adjoining residential property.

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Planning Application Number: 2006/1827 Site Address: Land adjacent 15 Albany Close, Wombwell, Barnsley 1:1250

Development Description: Erection of detached dwelling and detached garage Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

78 2006/1859 Harron Homes (Yorkshire) Ltd Residential Development of 54 dwellings Site of adult training centre, St. Helens Way, Monk Bretton, Barnsley.

No objections

Background

In May 2004 the Council resolved to grant planning permission to redevelop the site of the Monk Bretton Adult Education Centre off St. Helens Way for a community facility comprising an adult learning centre, library, pharmacy and medical centre. This approval also gave outline permission for the redevelopment of the amenity space to the rear of the Adult Education Centre for 38 dwellings. Access to the community facilities and the housing development was shown off St Helens Way and Preston Way, respectively. The reference number for this application is B/04/0815/BA.

The community facilities were, at the time of approval, required to provide new, improved facilities for the local community and the residential development was an important element of the scheme as it provided some of the funding for the new facilities. Part of the site is previously developed (brown field) and the housing development would have been acceptable in planning terms on that part of the site. However for practical reasons housing development was approved on the amenity space as there would be a no material gain in swapping the sites over simply to achieve the aims of PAN30. The site is in a sustainable location in relation to jobs, shops and services. These amounted to very exceptional circumstances and led to approval subject to a Section 106 agreement for a financial contribution towards the provision of off-site open space.

However since the time of the approval the need for some of the facilities has changed and its seems that the proportion of the site required for this purpose has reduced due to the following:

1. Day Centre - The modernisation of Day Services for people with Learning Disabilities means that the service has moved from the traditional large centres to locally based units within the communities of the service users. The existing St Helens facility has been relocated to Laithes Lane in the short term with a scoping exercise being carried out to find a locality building in the Cudworth area. Therefore the need for a day centre in this location has now gone.

2. Library - The current library is situated on Lamb Lane and is in a poor state of repair and does not meet DDA requirements. The intention was that a new facility would be built on the St Helens site that was fit for purpose and up to modern standards. However, it is not financially viable to provide a building for this sole purpose.

3. Medical Centre - The Council and Barnsley Primary Care Trust (PCT) has previously had discussions with the GPI Northern about replacing the Day Centre on the St Helens site with a new joint service Day Centre, Health Centre and Pharmacy. However following changes in the national funding of recurring revenue costs, the joint scheme was unable to progress. Effectively, prior to 1st April 2004 all health revenue growth funding for GP premises was non cost limited. However, since that date the monies for primary care facilities was devolved to Strategic Health Authorities, and cash limited. There was insufficient revenue growth at the South Yorkshire level to fund all primary care developments across the region. Unfortunately, while the St. Helen’s scheme was supported locally, in the prioritisation process there were many schemes deemed to be of higher priority.

79 These changes in circumstance described above have led to the site being largely redundant for community use and consequently the submission of the current application which is detailed below.

Site Description

The site is formed from part of the Monk Bretton Adult Education Centre which is situated off St Helens Way. It comprises a single storey building with a mono-pitched roof, constructed in buff bricks with tarmac car parking areas to three sides of the building. Immediately to the rear (east) of the site is a grassed amenity area measuring approximately 0.75 hectares which is also included within the application site. There are residential properties beyond on Preston Way and Lytham Avenue. St Helens Junior and Infant School lies to the south east and there are residential properties to the south and west. The northern boundary of the site runs parallel with a public footpath and beyond is the Carlton Industrial Estate.

The site excludes land to the north of the Adult Education Centre which was previously included in the application for development. This area of land is currently subject to a separate outline application for a medical centre and a pharmacy (reference 2007/0304) which is yet to be decided.

Proposals

This application seeks full permission for a residential development of 54 dwellings following the demolition of the existing building. The layout comprises a range of house types from detached to town houses in both two and three storey styles. The development includes a new access from St Helens Way and surface improvements to the St Helens Way carriageway up to its termination with Burton Road. There is a 3,000 sq metre area of land alongside the public footpath which is shown undeveloped as a) compensation for the loss of the amenity space in accordance with UDP policy GS34 and b) to safeguard the openness of the public footpath. In addition the developer will provide an off-site contribution of £71,471.00 to fulfill the requirement set out in UDP policy H6.

In addition to the site layout drawings the following information has been submitted in support:

• Design and Access Statement – This report assesses the site location, characteristics and design constraints and inclusive accessibility for the proposed development. It considers the amount, layout, scale landscaping and appearance of the development and how this relates to the surrounding area.

• Contaminated Land Report – This report presents the results of a site investigation which indicates that remediation will be required.

Policy context

The Unitary Development Plan - The site is allocated as an Existing Community Facility.

UDP Policy CF2 – development will not be permitted which would lead to the loss of existing community facilities. Where an existing use ceases and no alternative community use can be found, other uses will be considered with regard to: a) the amount of open space in the area b) compatibility with adjoining uses and the likely impact on residential amenity and c) access to the site and the likely impact on highway safety.

Policy H8A states that appropriate levels of amenity must be safeguarded for existing and future residents and applies

Policy H6 requires the provision of open space on site or a financial contribution to provide and maintain off-site open space and applies

Policy BE6 relates to good quality design

Policy ED4 states that consideration should be given to the impact on residential amenity

Policy GS7 states there is a presumption against development which affects the openness of the green belt

Policy GS9 states development within or adjacent the green belt must not have detrimental impact on openness

Policy GS34 states that urban greenspace shall remain undeveloped. Where other material considerations indicate the development should be accepted compensation for the loss of greenspace will be required.

Policy GS35 states that land which functions as urban greenspace shall be considered subject to policy GS34

Policy GS28 – the council will preserve, protect and enhance public rights of way and will require that new development retains an attractive route for existing rights of way.

Policy ES7 requires the submission of a Contaminated Land Assessment and a remediation scheme where necessary

Policy T2 seeks to ensure travel generated by a development is accommodated

Policy T2A requires access and junctions meet Council standards

SPG2 gives further guidance on the design and layout of new residential development

SPG10 gives further guidance on paths and development

SPG28 gives further guidance on contaminated land

SPG20 relates to public open space on new residential development

PAN30 gives advice on sustainability appraisals

Local Development Framework – the LDF is a material consideration (as determined by the Planning and Compulsory Purchase Act 2004).

The LDF shows the site as unallocated.

National Policy

PPS1 and PPS3 are applicable.

PPS3 advises that new housing development should not be viewed in isolation. Considerations of design and scale must be informed by the wider context having regard to not just the immediate environs but the townscape and wider locality

The production of a Design and Access statement is required by the Planning and Compulsory Purchase Act 2004.

81 Consultations

Education – No objections as the site lies adjacent to St Helens Junior and Infant School which has sufficient capacity to accommodate any additional pupils generated by the proposed development.

Environment Agency – No objections provided the site is remediated and subject to appropriate flood mitigation measures.

Environmental Health – The Contamination Officer requests a condition requiring a remediation method statement. In addition the Section requests a condition requiring a noise assessment to assess the impact of the Carlton Industrial estate on the new development and then to mitigate where necessary. Several conditions to safeguard existing residents during construction are also recommended below.

Drainage – No objections to the drainage details submitted.

Transportation – No objections subject to conditions which are recommended

Policy – No objections on the basis that part of the site will remain open in compensation for the loss of urban greenspace.

Yorkshire Water – No objections subject to a condition relating to sewers to the front of the site over which there shall be no building within 3 metres of either side of the centre line.

South Yorkshire Archaeology – Advise there are no archaeological implications with the proposed development.

Representations

The appropriate neighbour letters, site notices and press notices have been issued and there have been no objections.

Assessment

Material Considerations Principle Design Residential Amenity Access Public Open Space

Principle of the development - As explained above the site benefits from an extant permission for community facilities and housing which can be implemented up until May 2009. The current application seeks permission to develop part of this site entirely for housing and whilst a separate outline application has been submitted for a medical centre on the remainder (reference 2007/0304) the applications are not linked. However it is proposed that in the likely event that permission is granted for a medical centre /pharmacy, the site will be marketed nationally to find a medical centre provider.

Furthermore the extant permission is an important material consideration which, in the circumstances, establishes the principle of the development. In addition the current proposals provide a 3,000 sq metre area strip of land as open space which was not included previously.

82 Notwithstanding the above, the proposals will result in the development of an area of open space and would normally be contrary to UDP Policy GS34. However given the presence of other material considerations in the form of the extant permission the presumption against development is overrided by the offer of a 3,000 sq metre strip of land alongside the public footpath as compensation.

The above are considered to amount to very exceptional circumstances to justify the development subject to a Section 106 agreement for a financial contribution towards the provision of off-site open space to the amount of £71,471.00.

Design - The scheme equates to a density of 49 dwellings per hectare which is within the range of 35-55 dwellings per hectare recommended within suburban areas. The proposed layout consists of a mix of house and apartment types in accordance with PPG3 and PAN30.

Residential Amenity - The site is overlooked along its eastern boundary by existing dwellings. In order to achieve a satisfactory relationship with these properties the development has been kept to two storeys along the boundary and the minimum separation distances required by the Council’s SPG are met.

Access - The Transportation Manager advises that subject to the developer re-surfacing St Helens Way up to its junction with Burton Road the development can be accommodated without undue problems arising on the adjacent network.

Public Open Space - In accordance with SPG20, new developments are required to either incorporate an area of public open space or a contribution in lieu is required. To fulfil this requirement the developer will provide a financial contribution of £71,471.00 which will be used to improve public open space in the area.

Impact on the setting of a public right of way: The 3,000 sq metre area of land alongside the public footpath will ensure the setting of the public footpath is retained as open as possible.

Recommendation - The Board agree to grant planning permission for the proposed development subject to the following.

1. The satisfactory completion of a Section 106 Agreement to secure a financial contribution of £71,471.00 which will be used to improve open space in the area.

2. The conditions listed in the recommendation below.

Recommendation

Grant subject to:-

2 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications received on 15 February 2007, unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

5 The boundary treatment shown on the approved plans shall be completed before the buildings are occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with U.D.P. Policy BE6, Design Standards.

6 The existing building shall be demolished and all resulting debris removed from site before the development hereby approved is implemented. Reason: In the interests of visual amenity and the amenities of the local residents.

7 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, unless the Local Planning Authority give written consent to any variation. Reason: In the interests of the visual amenities of the locality.

8 Prior to the commencement of the development a scheme shall be submitted to, and approved in writing by, the Local Planning Authority describing the methodology to be employed to suppress dust arising from the operations in the form of a Dust Action Plan. Such measures may include water bowsers; sprayers mobile and fixed; or similar equipment; regulating the speed of vehicles on the site; and such other steps as are appropriate. The operations shall thereafter be undertaken in complete accordance with the approved scheme. At such times, when due to site conditions the prevention of dust is not possible all site works contributing to the dust problem should cease until such time as conditions improve to allow a resumption of works. Reason: In the interests of local amenity and to protect the environment.

9 Prior to the commencement of the development a scheme shall be submitted to, and received the written approval of the Local Planning Authority, identifying measures to be taken to ensure that all vehicles leaving the site are in such condition as not to leave dust, slurry or mud on the highway. The development shall thereafter be undertaken in accordance with the details of the approved scheme. Notwithstanding such arrangements, should any material nevertheless be accidentally deposited on the public highway, the operator shall immediately remove such material. Reason: In the interests of highway safety.

10 A noise impact assessment shall be submitted to and approved by the local authority with regard to the impact of industrial near neighbours prior to engineering works commencing. Such a scheme may include improving the sound insulation capacity of buildings containing sensitive uses, permanent and temporary acoustic barriers, bunds, fences and enclosures, working methodologies, public information, night working (if required), conditions for the suspension of site works, etc. Reason: To protect the amenity of future occupiers of the site and occupiers of neighbouring land from excessive noise.

11 No development shall take place until details of the foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the proper drainage of the area.

12 Unless otherwise agreed in writing by the local planning authority no building or other obstruction shall be located over or within 3 metres either side of the centre line of the sewers which cross the site. Reason: In order to allow sufficient access for maintenance and repair work at all times

13 Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge. Roof drainage should not be passed through an interceptor Reason: In the interest of satisfactory drainage

14 The site shall be developed with separate systems of drainage for foul and surface water. Reason: In the interests of satisfactory drainage.

15 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority before development commences. Reason: To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system, which will prevent overloading.

16 No development works shall begin until a report, endorsed by a competent engineer experienced in ground contamination and remediation matters, has been submitted and agreed with the Local Planning Authority. The report shall, amongst other matters, include the following:-

1. Measures to test and evaluate the topsoil on the site with regards potential contamination.

2. Assessment of the risks posed to the potential development, including an appraisal of potential contaminant sources, pathways and receptors.

3. Remediation measures to treat or remove any contaminated material, if required.

4. The subsequent certification/validation reports are submitted, showing that the site has been satisfactorily remediated and that the development of the site can be safely occupied

The development shall thereafter be undertaken in full accordance with the submitted report. For further information, see BMBC’s Supplementary Planning Guidance 28, "Developing Contaminated Land". Reason: To protect the environment and ensure the site is suitable for the proposed use.

17 Prior to the commencement of development plans to show the following levels shall be submitted to and approved by the Local Planning Authority; finished floor levels of all buildings and structures; road levels; existing and finished ground levels. Thereafter the development shall proceed in accordance with the approved details. Reason: To enable the impact arising from need for any changes in level to be assessed and in accordance with UDP Policy BE6, Design Standards.

86 18

78.3m Depot

74.4m 1

50 76.8m

3 Monk Bretton Adult Training Centre m

St Helen's Junior & Infan 5 3 2

B 2 M 4 A 5

L 1 1

Planning Application Number: 2006/1859 1:1250 Site Address: Site of adult training centre, St. Helens Way, Monk

Bretton, Barnsley.

Development Description: Residential Development of 54 dwellings Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

2006/1894 Persimmon Homes South Yorkshire Residential Development of 200 dwellings with associated landscaping and access works Former Yorkshire Traction Site and Vernon Works, Upper Sheffield Road, Barnsley.

No objections

Background

In February 2006 an application for the residential development of the Yorkshire Traction site on Upper Sheffield Road was refused for the following reason:

The site lies within a larger area designated as a Mixed Use Policy Area on the approved Barnsley Unitary Development Plan wherein comprehensive redevelopment could, in circumstances, be supported. The proposed piecemeal development would involve the introduction of a residential use adjacent to an established scrapyard with the proposed means of shared access identified to serve both the residential development and the scrapyard. As such the proposal would be detrimental to the amenity of occupiers of the residential properties by reason of noise and general disturbance which would result, contrary to UDP Policy BA7 of the adopted Unitary Development Plan.

The decision has been appealed but it is being held in abeyance pending the outcome of this latest application which seeks residential development on a larger site incorporating the scrapyard owned by C Soar.

Site Description

The site is 6.3 hectares in extent and comprises the Yorkshire Traction main depot, the adjacent scrapyard owned by C Soar and an area of land to the south of the scrapyard which is undeveloped and allocated as green belt and urban greenspace in the UDP. The west portion of the site is located within the urban area of predominantly residential use with a frontage to Upper Sheffield Road. To the east the site occupies an open location with long distance views towards Measborough Dyke and Kendray. To the north of the site is the former Pindar Oaks Hospital which has extant permission for a 32 bedroom healthcare establishment and associated parking and leisure facilities (ref. B/03/2020/BA). This permission has not yet been implemented but is extant until December 2009.

The site falls steeply from west to east with retaining walls currently used to overcome the difference in site levels to enable the site to operate as a bus depot. In addition there are along much of the northern boundary of the site where in places the site is often between 3 and 5 metres higher than surrounding levels.

Other than along the Upper Sheffield Road frontage the site is surrounded by a tree belt and an additional row of trees bisects the scrapyard from the rest of the site.

Proposals

This application seeks detailed approval for the demolition of existing buildings and the erection of 200 dwellings comprising a mix of house types. It is proposed to dedicate the green belt land to the south of the scrapyard for use as public open space. In addition the developer will provide an off-site contribution of £279,070.00. £90,024.00 will be used to provide an equipped play area on the undeveloped land for the proposed development and the remaining sum will be used to construct a Multi-User Games Area on an existing area of tarmac off Yews Lane.

88 The developer will also introduce additional soft landscaping along the site perimeter to supplement the existing planting that buffers the site in order to screen the development.

The development will involve the felling of trees to the rear of the coach depot. Whilst this is unfortunate the trees are on the whole in poor condition due damage caused by fire and other anti- social activities but irrespective of their poor condition will be replaced by the developer who has agreed to plant a woodland on the undeveloped land included in this application. The development also involves the reinstatement of retaining walls around the sites perimeter.

In addition to the site layout drawings, a raft of additional information has been submitted as follows:

• Planning Policy Assessment – This report concludes the proposals will result in the redevelopment of a previously developed site within a sustainable location and whilst the site is currently used for employment purposes there is no need to retain it as there are other sites available. Furthemore the Mixed Use Area Policy does not require employment sites to be retained and there is a strong presumption in favour of the redevelopment of the site for residential use.

• Flood Risk Assessment - The report proposes mitigation measures to prevent flooding.

• Contaminated Land Report – This report presents the results of intrusive investigations which indicate that further remediation is required.

• Ecological Survey – The results of a site walkover survey are pending at the time of writing this report. Members will be verbally advised at the meeting.

Policy context

The Unitary Development Plan - The site is allocated within a Mixed Use Policy Area. The part of the site included as public open space is shown as Urban Greenspace within the Green Belt.

Policy BA7 states that in mixed use areas business, storage and distribution, supply and hire contractors plant, car dealerships, garden centres and other specialist display premises will be acceptable in principle subject to compliance with other policies. New development will require careful consideration in terms of visual amenity and the avoidance of disturbance to residents.

Policy H8A states that appropriate levels of amenity must be safeguarded for existing and future residents and applies

Policy H6 requires the provision of open space on site or a financial contribution to provide and maintain off-site open space and applies

Policy BE6 relates to good quality design

Policy ED4 states that consideration should be given to the impact on residential amenity

Policy GS7 states there is a presumption against development which affects the openness of the green belt

89 Policy GS9 states development within or adjacent the green belt must not have detrimental impact on openness

Policy GS34 states that urban greenspace shall remain undeveloped

Policy ES7 requires the submission of a Contaminated Land Assessment and a remediation scheme where necessary

Policy T2 seeks to ensure travel generated by a development is accommodated

Policy T2A requires access and junctions meet Council standards

SPG2 gives further guidance on the design and layout of new residential development

SPG28 gives further guidance on contaminated land

SPG21 relates to landscape design

PAN30 gives advice on sustainability appraisals

Local Development Framework – the LDF is a material consideration (as determined by the Planning and Compulsory Purchase Act 2004).

The LDF shows the site as unallocated except for the part of the site included as public open space which is shown as Urban Greenspace within the Green Belt.

National Policy

PPS1 and PPG3 (also draft PPS3) are applicable.

PPG3 advises that new housing development should not be viewed in isolation. Considerations of design and scale must be informed by the wider context having regard to not just the immediate environs but the townscape and wider locality

The production of a Design and Access statement is required by the Planning and Compulsory Purchase Act 2004.

Consultations

BDA – Object pending assurance from Stagecoach Plc (owners of Yorkshire Traction) and C Soar and that they will safeguard local job opportunities.

Environment Agency – No objections provided the site is remediated and subject to appropriate flood mitigation measures.

Environmental Health – The Contamination Officer requests a condition requiring a remediation method statement. Several conditions to safeguard existing residents during construction are also recommended below.

Drainage – No objections provided full drainage details are provided and agreed before any works start

Transportation – No objections subject to conditions which are recommended

Policy – No objections.

Yorkshire Water – There are sewers just outside the site within a landscaped area and within the highway. There shall be no building within 3 metres of these sewers. The development should not fall within these easements however it is the developers responsibility to check.

South Yorkshire Archaeology – Request a programme of archaeological work is agreed prior to commencement of any development

South Yorkshire Passenger Transport Executive – No objection subject to a contribution towards the provision of a new bus shelter at a cost of £5,500 at an existing bus stop on Upper Sheffield Road. SYPTE also request a condition requiring the developer to provide each new household with a public transport season ticket to encourage use of public transport.

Representations

The appropriate neighbour letters, site notices and press notices have been issued and there have been no objections.

Assessment

Material Considerations Principle Design Residential Amenity Access Public Open Space

Principle of the development - The proposals represent the redevelopment of a brownfield site and the location is sustainable in terms of housing being within close proximity to the town centre facilities. The proposals are supported in general terms by national (PPG3) and local policy (PAN30). In addition the application seeks comprehensive redevelopment of a commercial area which is closely related to residential properties. As such the proposals will secure environmental improvements for local residents who previously have been affected by industrial/commercial activity. The development for residential purposes is therefore feasible.

However the development could potentially result in the loss of a signicant number of jobs. There are up to 60 staff not including drivers at the bus depot and 27 jobs at C Soars and the BDA are concerned that these jobs/job opportunities should remain in the Borough but neither company has been able to make such assurances. In the circumstances the BDA have objected. However in planning policy terms, whilst UDP policies seek to protect existing employment land, specifically in Employment Policy Areas through policies ED7 and SPG24, these policies do not apply to a Mixed Use Area. Nevertheless the Council and BDA with continue discussions with the existing users to try to achieve a suitable relocation within the Borough.

Design - This is a major development on a gateway site which occupies a prominent position on a major route into the town centre. In addition the site is raised and lies adjacent to an area of green belt and open space which is viewed over a wider area. The site is also overlooked by existing residential properties along Upper Sheffield Road. It is inevitable that a development of this scale will have an impact on the character and appearance of the area and accordingly the development has been sensitively designed.

91 The scheme adopts a strong frontage on Upper Sheffield Road which incorporates a wall with railing details. In addition whilst there is existing landscaping around the site this area of land is outside the developers control. As such the developer will plant additional trees within the development to supplement the existing trees and provide a visual barrier to adjacent green belt/urban greenspace. It is worth noting that a condition requiring the developer to submit information on how existing trees will be protected during construction is recommended, particularly in light of the any works required to the perimeter retaining walls.

The scheme equates to a density of 39 dwellings per hectare which is within the range of 35-55 dwellings per hectare recommended within suburban areas. The proposed layout consists of a mix of house and apartment types in accordance with PPG3 and PAN30.

Residential Amenity - The site is overlooked by existing dwellings. The various level changes across the site plus generous separation distances achieves a satisfactory relationship with existing houses consistent with the Council’s SPG.

The closest properties to the Pindar Oaks site will be on ground approximately 3 to 5 metres higher than the Pindar Oaks site. As a consequence there will be minimal overlooking because views will be above the Pindar Oaks buildings which are low rise and largely single storey.

Access - The road details proposed provide a single central means of access into the site. This eliminates two other accesses and the commercial vehicles currently using the site. The Transportation Manager advises an access onto Upper Sheffield Road can be created without undue problems arising on the adjacent network.

Public Open Space - In accordance with SPG20, new developments are required to either incorporate an area of public open space or a contribution in lieu is required. Here the developer wishes to donate the undeveloped area of land to the south of the scrapyard to the Council because the land is designated as green belt/urban greenspace and is undevelopable. Notwithstanding this offer the developer is still required to provide either 15% of the developable area as open space or a contribution in lieu. To fulfil this requirement the developer will provide a financial contribution of £279,070.00. £90,024.00 will be used to provide an equipped play area on the undeveloped land to serve the proposed development and the remaining sum will be used to construct a Multi-User Games Area on an existing area of tarmac off Yews Lane.

Recommendation - The Board agree to grant planning permission for the proposed development subject to the following.

1. The satisfactory completion of a Section 106 Agreement to secure a financial contribution of £279,070.00, £90,024.00 of which will be used to provide an equipped play area on the undeveloped area of land to serve the proposed development. The remaining sum will be used to construct a Multi-User Games Area on an existing area of tarmac off Yews Lane.

2. The satisfactory completion of a Section 106 Agreement to secure a financial contribution of £5,500 towards the provision of a new bus shelter at an existing stop on Upper Sheffield Road.

3. The dedication of the undeveloped land to the south of the scrapyard to the Council as public open space.

4. The conditions listed in the recommendation below.

92 Recommendation

Grant subject to:-

2 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications received on 29 January 2007 (Landscape Proposals Drawing No.1683/2 Revision D), unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

3 Prior to the commencement of development plans to show the following levels shall be submitted to and approved by the Local Planning Authority; finished floor levels of all buildings and structures; road levels; existing and finished ground levels. Thereafter the development shall proceed in accordance with the approved details. Reason: To enable the impact arising from need for any changes in level to be assessed and in accordance with UDP Policy BE6, Design Standards.

4 Prior to the commencement of any development works, a remediation scheme, endorsed by a competent engineer experienced in ground contamination, shall be submitted to the local Planning Authority for approval. This report shall, amongst other matters, include the following:-

1. Methodology to identify and remove any contaminated material.

2. Measures to test and evaluate any imported soils onto the site to ensure they are suitable for the intended use.

3. Chemical testing suite, frequencies and threshold levels.

4. Procedures to confirm capping levels have been achieved on plots.

5. The subsequent validation that the site has been satisfactorily remediated and that the development of the site can be safely undertaken and occupied.

The development shall thereafter be undertaken in full accordance with the submitted reports. Reason: To protect the environment and ensure the site is suitable for the proposed use.

5 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries of materials shall only take place between the hours of 0800 to 1800 Monday to Friday and 0900 to 1400 on Saturdays and at no time on Sundays or Bank Holidays. Reason: In the interests of the amenities of local residents and in accordance with UDP Policy ES1, Pollution.

6 Noise monitoring shall be undertaken by the operator in accordance with a scheme which shall have received the written approval of the Local Planning Authority prior to the commencement of soil stripping. Such scheme shall include the equipment to be used, frequency of monitoring, methodology to be employed and noise monitoring station locations and frequency of monitoring. Noise monitoring shall thereafter be undertaken in accordance with the approved scheme for the duration of the development and the results shall be forwarded to the Local Planning Authority. Reason: In the interests of local amenity and in accordance with UDP Policy M9, Environment.

7 Prior to the commencement of the development a scheme shall be submitted to, and received the written approval of the Local Planning Authority, identifying measures to be taken to ensure that all vehicles leaving the site are in such condition as not to leave dust, slurry or mud on the highway. The development shall thereafter be undertaken in accordance with the details of the approved scheme. Notwithstanding such arrangements, should any material nevertheless be accidentally deposited on the public highway, the operator shall immediately remove such material. Reason: In the interests of highway safety.

9 Windows and glazing to the doors of Plots 4 to 26 and 139 to 150 facing Upper Sheffield Road shall be double glazed and capable of 34dBA sound reduction. Such windows shall be provided with trickle vents capable of the same level of sound attenuation. Reason: To safeguard the amenities of future residents. 10 Within three months of the occupation of the development, the developer shall provide each household with a public transport season ticket Reason: To encourage the use of sustainable transport modes

11 Prior to the occupation of the development the developer shall submit and implement a residential travel plan which will detail measures to encourage sustainable travel to and from the site. The measures shall include the provision of secure cycle storage. Reason: To encourage sustainable travel

12 Unless otherwise agreed in writing by the local planning authority no building or other obstruction shall be located over or within 3.0 metres either side of the centre line of the water main, which crosses the site. Reason: In order to allow sufficient access for maintenance and repair work at all times

13 Unless otherwise agreed in writing by the local planning authority no building or other obstruction shall be located over or within 3.0 metres either side of the centre line of the sewer, which crosses the site. Reason: In order to allow sufficient access for maintenance and repair work at all times

14 No development shall take place until details of the foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the proper drainage of the area.

16 The site shall be developed with separate systems of drainage for foul and surface water. Reason: In the interests of satisfactory drainage.

17 No development shall take place until the applicant, their agent, or their successor in title, has secured the implementation of a programme of archaeological work (including building recording) in accordance with a written scheme of investigation that has been submitted to and approved in writing by the local planning authority. Reason: To ensure that arrangements are made to record the buildings, and any archaeological remains present on the development site, as mitigation.

18 No development shall take place until confirmation that the surface water drainage disposal point has been agreed in writing by the local planning authority. Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. Reason: To ensure the proper drainage of the area

19 The development shall be carried out in accordance with the approved Flood Risk Assessment by Encia Consultants Ltd (report no. 5967/FR1A) and shall incorporate all the proposed mitigation measures detailed in the FRA. Reason: So as to reduce the risk of flooding and to accord with PPG25.

20 No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run-off limitation has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved programme and details. Reason: To prevent the increased risk of flooding.

21 No hedges or trees on or overhanging the site (except those shown to be removed on the approved plan), or their branches or roots, shall be lopped, topped, felled, or severed. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality and in accordance with UDP Policies GS22, Woodland, Hedgerows and Trees and GS22A.

22 No development shall take place until full details of the proposed external materials 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 UDP Policy BE6, Design Standards.

23 The boundary treatment to each plot as shown on the approved plans shall be completed before the plot is occupied. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with U.D.P. Policy BE6, Design Standards.

24 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, unless the Local Planning Authority give written consent to any variation. Reason: In the interests of the visual amenities of the locality.

25 Existing trees on the site (expect those shown to be removed on the approved plan) shall be protected during construction by a chestnut pale fence, erected before work on site is commenced as indicated on the approved plan, and no excavations, tipping or storage of materials shall take place within the fenced area. Reason: To safeguard existing trees/hedges in the interests of the visual amenity of the locality.

26 No development shall commence until details of which trees in Group 10 (shown on Landscape Proposals Drawing No. 1683/2 Revision D) are to be felled, managed and retained. Thereafter development shall be carried out in accordance with the approved details. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality and in accordance with UDP Policies GS22, Woodland, Hedgerows and Trees and GS22A.

27 Prior to the commencement of any development details of the treatment of existing and proposed retaining walls within the site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the approved development shall be carried out prior to the occupation of the development unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of the visual amenities of the locality.

28 Within the first planting season following the felling of the trees within woodland group W5 (shown on Landscape Proposals Drawing No. 1683/2 Revision D) the felled trees shown shall be replaced by a woodland of a species, planted height and spacing to be agreed first in writing by the Local Planning Authority. The exact location shall be also agreed first in writing by the Local Planning Authority but will be within the undeveloped part of the site to the south of Plots 193 to 200. Development shall thereafter be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality.

97 AK M 8 O I D

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6 4 A D Depot

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BM 4 7 Playing Field 1

8 8 131.7m

Pavilion

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Planning Application Number: 2006/1894 Site Address: Former Yorkshire Traction Site and Vernon Works, 1:2028 Upper Sheffield Road, Barnsley. Development Description: Residential Development of 200 dwellings with associated landscaping and access works Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

2006/2005 Dransfield Properties Ltd Demolition of existing buildings, erection of fire station and drill tower, ambulance station, vehicle storage units, perimeter fencing and lighting columns, external works and highway improvements. Land at Sheffield Road, Spring Vale, Penistone, Sheffield.

Introduction

This application has a close link to application 2006/2003 which proposes the redevelopment of the markets area in Penistone with a supermarket. That proposal involves the displacement of both the fire and ambulance station. This proposal is submitted for their replacement at the Council’s Springvale dept. The linked applications which appear elsewhere on this agenda are as follows:

• 2006/2003 - Development of (Use Class A1), retail foodstore, market stalls and enclosure, fur and feathermarket and associated access, parking and landscaping Penistone Market Area ,St Marys Street/Market Street, Penistone

• 2006/2004 – Conservation Area Consent for demolition of market stalls, redundant abattoir and cattle market at Penistone Market Area, St Marys Street/market Street, Penistone

Site Layout and Description

The site is located at Springvale Depot on the northern side of Sheffield Road and about one mile from the centre of Penistone.

The site is presently utilized as a Council vehicle storage and gritting depot with compounds and external storage areas and a range of underused storage buildings. The boundary of the site abuts Sheffield Road. This part of the site is well removed from the nearest residential properties.

Proposed Development

The application is linked to the proposal for the redevelopment of Penistone Markets, (applications 2006/2003 and 2006/2004), which, if approved, would result in the loss of the existing fire and ambulance station. In order to compensate for the loss, this application has been submitted to provide replacement whilst also retaining the Council depot’s operations. The proposals for this application therefore comprise the following:

• A red brick building to be utilized as a fire station and drill tower • A single storey ambulance station. • Change of the external appearance to and refurbishment of the existing canteen/mess block • Erection of perimeter fencing to the fire and ambulance station • 2no. single storey vehicle storage units within the Council depot • An improved site access from Sheffield Road. • External hardstanding and storage compound areas to the fire and ambulance stations respectively • Car parking areas including disabled parking, and lighting columns

99 Policy Context

The site is designated as within an Employment Policy Area. Policies ED2 and Ed7 state that sites within these areas will normally be permitted fro uses of business, industry, and storage and distribution. Other employment generating uses may also be permitted if they are compatible with adjoining uses.

With regards to the proposed development Policy CF1 would be of consideration which encourages community facilities in appropriate locations. Policy T2, relating to the impact on traffic and the highway network, along with Policy BE6, relating to the design of developments, would also be of relevance to the determination of the application.

Consultations

Transportation – No formal comments have been received at time of preparing report but the Board will be advised of these comments at the meeting.

Penistone Town Council – No objections raised.

South Yorkshire Passenger transport Executive – No objections to principle of application but have requested consideration of overnight bus parking on the site.

South Yorkshire Bat group – Have not raised any objections to principle of development subject to a condition that buildings are surveyed for protected species before work commences.

Representations

There have been no letters of representation from neighbouring residents.

Assessment

Material Consideration

Principle of development Design and layout Residential Amenity Highway Safety

Principle of development - The application site is designated as within an Employment policy Area. Policies ED2 and Ed7 of the development plan state that the most appropriate uses within these areas are for business, industry, and storage and distribution. However, the site is currently utilized as a Council vehicle storage and gritting depot. This use is to remain on site but the layout is to be revised to allow the development of fire and ambulance station facilities.. As such the existing employment use would not be lost and would benefit from improved facilities.

The new fire and ambulance facilities proposed would be a direct replacement for those currently existing in the Penistone Markets Area. If the redevelopment of the markets area proceeds then this application would ensure these services are retained within Penistone. This site is within a mile of the existing fire and ambulance station which would ensure the minimum of disruption for the services and their employees. As such the principle of the development at this location is considered acceptable.

Design and Layout - The existing depot buildings are in a poor state of disrepair and of little architectural merit. The application would retain the large dome shaped gritting store but would replace the rest of the buildings with more modern structures.

100

The new buildings proposed would be no more than two storey in height. The use of brick walls and pitched roofs would enable the development to harmonise with its surroundings. The applicants have also shown their desire to retain the existing trees and vegetation line along the front boundary with the main road. As well as providing screening of the development it also provides a more attractive frontage from the main public views.

The majority of boundary fencing would be retained. New green palisade fencing is proposed along the frontage. Although palisade can have a stark appearance this can be toned down by the use of an appropriate colour and the retention of the trees. The site is commercial at present and there are industrial buildings opposite. In view of this, subject to details to be agreed, the boundary treatment is considered acceptable for this location.

Considering the existing appearance of the site it is considered that the proposal would provide a useable practical layout which would benefit the visual amenities of the site and its surroundings.

Residential Amenity - The nearest residential properties to the development are approximately 25 metres from eastern boundary of the site. The development has been designed to ensure that new buildings are well away from this boundary and to retain the existing boundary treatment where possible. Taking into account the distance between the site and the nearest housing it is not considered that the proposal would result in any loss of light or privacy to neighbouring properties.

As the site is currently utilised as a Council depot, and will remain as such, it is not considered that there would be a significant increase in noise or other disturbance

Highway Safety - The proposal would result in the widening of the existing vehicular access. This improves visibility and enables speedy and efficient exits for emergency vehicles. This is an improvement on the existing fire and ambulance station which has inferior accessibility. It is not considered that the proposal would lead to a significant increase in traffic generation but Sheffield Road is considered to be of a suitable standard to cope with the highway requirements. The layout within the site also provides for coach lay-over spaces which was a request from the South Yorkshire Transport Executive. As such it is not considered that the proposal would have a significant detrimental impact on highway safety.

In view of the above it is considered that the proposal is in accordance with relevant policies and is recommended accordingly.

Recommendation

Grant subject to:-

101

3 Notwithstanding the submitted details no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before before the buildings are occupied or Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with U.D.P. Policy BE6, Design Standards.

4 No hedges or trees on the site (except those shown to be removed on the approved plan), or their branches or roots, shall be lopped, topped, felled, or severed. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality and in accordance with UDP Policies GS22, Woodland, Hedgerows and Trees and GS22A.

5 The development hereby approved shall be carried out strictly in accordance with the plans and specifications as approved unless prior written consent has been given by the Local Planning Authority to any variation. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

6 Prior to commencement of development a detailed bat survey of the site shall be carried out by an appropriately qualified person and the results of this survey, together with necessary mitigation measures, shall be submitted to and approved in writing by the Local planning Authority, and thereafter any mitigation measures carried out. Reason: To safeguard bats in the area

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Tank

Depot

s SH EF L FI EL The 1 A D R I 202.7m O Queen's R AD D S

W B M 20 2.32 A m Y 8 0

7 6

Planning Application Number: 2006/2005 Site Address: Land at Sheffield Road, Spring Vale, Penistone, 1:1250 Sheffield.

Development Description: Demolition of existing buildings, erection

of fire station and drill tower, ambulance station, vehicle storage units, perimeter fencing and lightin... Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

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2006/2093 Farm View Homes Ltd Erection of 18 dwellings and garages Oakdale, Worsbrough Bridge, Barnsley

One letter of representation from a local resident refers to boundary treatment.

Site Location and Description

This 0.52 hectare site was previously owned by Barnsley Council and comprises the now vacant Oakland nursing home. The site is flat and borders the former Oakdale clinic which itself is being developed for housing by the same developer . To the south there is a bungalow and to the east is Worsbrough Dale park. To the west there are residential properties. There are mature trees and a hedgerow along the boundary with Worsbrough Park.

Proposed Development

A full application for a modest residential development of 18 two storey, three bedroom dwellings. The density equates to around 35 dwellings per hectare and falls within the range of 35 to 55 dwellings per hectare recommended within suburban areas in PPS1 and PPG3 (draft PPS3).

The houses, a mix of detached and linked terraced, are sited around a single access off Oakdale. The application is accompanied by a Design and Access Statement explaining that the development is two storeys to respect surrounding development and to provide satisfactory separation from existing properties.

Policy Context

Unitary Development Plan – The site is shown on the Unitary Development Plan as an Existing Community Facility.

UDP Policy CF2 – development will not be permitted which would lead to the loss of existing community facilities. Where an existing use ceases and no alternative community use can be found, other uses will be considered with regard to: a) the amount of open space in the area b) compatability with adjoining uses and the likely impact on residential amenity and c) access to the site and the likely impact on highway safety.

UDP Policy H8A – the design of new residential development must ensure acceptable levels of mutual privacy, access and landscaping arrangements

UDP Policy H6 – developments of twenty or more dwelling units shall incorporate a minimum of 15% of the gross site area as open space or a financial contribution towards off –site open space

UDP Policy GS22 – mature trees and hedges will be retained where possible

SPG 2 on the design and layout of new residential development is relevant

SPG9 on trees and hedges is relevant

SPG 20 on open space provision on new housing developments is relevant

PAN30 on the Sequential Approach to Determining Planning Applications for Residential Development is relevant

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Regional Spatial Strategy – No specific policies apply to this site but the RSS is generally supportive of the redevelopment of brownfield sites for housing

Local Development Framework – the LDF is a material consideration (as determined by the Planning and Compulsory Purchase Act 2004). The LDF shows the site unallocated.

Consultations

Drainage – No objections subject to the provision of full drainage details prior to the commencement of any development

Environmental Health – No objections.

Transportation – No objections subject to conditions which are recommended below.

Yorkshire Water – No objections subject to the protection of a sewer easement at the front of the site and other conditions relating to drainage which are recommended below.

Representations

Whilst there have been no objections to the proposals, the residents of the neighbouring bungalow at 49 Oakdale have requested that any boundary treatment along the side of their bungalow is of limited height to safeguard the outlook from their living room window.

Assessment

Material Considerations Principle of the development Access Design Residential Amenity Public Open Space Trees and hedges

Principle of development – The site is shown as an Existing Community Facility representing the previous use of the site as a nursing home. As part of the policy for providing care for the elderly at home by private care companies the building was found to be redundant and was consequently closed down and offered for sale at auction. Policy CF2 allows for the redevelopment of existing community facilities where a) there is sufficient open space in the area, where b) the proposal is compatible with surrounding uses and where c) there is no detrimental impact on highway safety.

a) With regard to open space, the site abuts Worsbrough Dale Park and it is not considered that the loss of this site would prejudice provision in the area.

b) The wider area is predominantly residential with the adjoining site of the former clinic itself being developed for housing. It is considered that the redevelopment of the site is compatible with surrounding land uses.

c) It is considered that the site can be developed without detriment to highway safety.

In addition the proposals also represent the redevelopment of a brownfield site and the location is sustainable as it is within close proximity to the local facilities. The proposals are supported in general terms by national (PPG3) and local policy (PAN30).

105 Design: The development consists of a mix of house types in accordance with PPG3 and PAN30. The development is wholly two storeys and is compatible with housing in the area.

Residential Amenity: To achieve a satisfactory relationship with surrounding dwellings the development has been kept to two storeys and the minimum separation distances required by SPG are provided.

Public Open Space – In accordance with UDP policy H6 and SPG20, developments of 20 dwellings or more are required to include 15% on-site open space or a financial contribution towards off-site provision. Policy H6 also applies to individual proposals of less than 20 dwellings where the application site forms part of a larger site which when fully developed would exceed 20 dwellings, which is the case here.

As the development would not benefit from having any open space on site because of the close proximity of the development to Worsbrough Dale Park, the developer has agreed to enter into an agreement with the Council to provide a financial contribution of £23,796.00. The funds will be used to improve Worsbrough Dale Park.

Trees and hedges – Where the development results in the loss of smaller, ornamental trees suitable replacement are shown. The more significant trees and the hedge along the boundary with Worsbrough Park are shown retained in the interests of the visual amenities of the area.

Recommendation

That the Board resolve to grant planning permission subject to the following:

1. The satisfactory completion of a Section 106 Agreement to secure a financial contribution of £23,796.00 from the developer in lieu of providing the full complement of public open space within the site.

2. The conditions listed in the recommendation.

Recommendation

Grant subject to:-

2 The development hereby approved shall be carried out in strict accordance with the amended site layout plan and specifications received on 15 February 2007(Drawing No. M/20/1A), unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

106 4 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries of materials shall only take place between the hours of 0800 to 1800 Monday to Friday and 0900 to 1400 on Saturdays and at no time on Sundays or Bank Holidays. Reason: In the interests of the amenities of local residents and in accordance with UDP Policy ES1, Pollution.

5 Notwithstanding condition 6 below full details of the work to be carried out to any trees shall be submitted to and approved in writing by the Local Planning Authority; in particular, any branches/trees to be removed shall be clearly marked, to the satisfaction of the Local Planning Authority prior to the commencement of development . Reason: To ensure the work accords with good arboricultural practice.

6 No hedges or trees on the site (except those shown removed or subject to pruning on the approved plan) or their branches or roots, shall be lopped, topped, felled, or severed unless otherwise approved in writing by the Local Planning Authority. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality and in accordance with UDP Policies GS22, Woodland, Hedgerows and Trees and GS22A.

8 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, unless the Local Planning Authority give written consent to any variation. Reason: In the interests of the visual amenities of the locality.

9 All on-site vehicular areas shall be hard surfaced and drained in an approved manner prior to the development being brought into use, to prevent mud/debris from being deposited on the public highway to the detriment of road safety. Reason: In the interest of road safety

10 Pedestrian intervisibility splays, having the dimensions 2m x 2m, shall be safeguarded at the drive entrance/exit such that there is no obstruction to visibility at a height exceeding 600mm above the nearside channel level of the adjacent highway Reason: In the interest of road safety.

11 The parking/manoeuvring facilities, indicated on the submitted 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 interest of road safety.

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12 Visibility splays, having the dimensions 2.4m x site boundaries, shall be safeguarded at the junction of the new access road with Oakdale, such that there is no obstruction to visibility and forming part of the adopted highway Reason: In the interest of road safety.

13 Development shall not commence until details of measures to prevent mud/debris from being deposited on the public highway to the detriment of road safety, have been submitted to and approved in writing by the Local Planning Authority, and such measures shall be retained for the entire construction period Reason: In the interest of road safety.

14 Development shall not commence until details of all areas for the parking of all employees' vehicles, the storage of building materials and plant have been submitted and approved in writing by the Local Planning Authority, and such areas shall be retained for the entire construction period Reason: In the interest of road safety.

15 Development shall not commence until details of the siting of the sales cabin, and parking for staff and customers visiting the site, have been submitted and approved in writing by the Local Planning Authority, and such facilities shall be retained for the entire construction period Reason: In the interest of road safety.

16 Prior to any works commencing on-site, a condition survey (including structural integrity) of the highways to be used by construction traffic shall be carried out in association with the Local Planning Authority. The methodology of the survey shall be approved in writing by the Local Planning Authority and shall assess the existing state of the highway. On completion of the development a second condition survey shall be carried out and shall be submitted for the written approval of the Local Planning Authority, which shall identify defects attributable to the traffic ensuing from the development. Any necessary remedial works shall be completed at the developers expense in accordance with a scheme to be agreed in writing by the Local Planning Authority. Reason: In the interests of road safety

17 Vehicular and pedestrian gradients within the site shall not exceed 1:12 to ensure safe and adequate access. Reason: In the interest of road safety

18 All redundant vehicular footway crossing shall be reinstated as kerb and footway, prior to the development being brought into use Reason: In the interests of road safety.

19 Unless otherwise agreed in writing by the local planning authority no building or other obstruction shall be located over or within 3.0 metres either side of the centre line of the sewers which cross the site Reason: In order to allow sufficient access for maintenance and repair work at all times

20 The site shall be developed with separate systems of drainage for foul and surface water. Reason: In the interests of satisfactory drainage.

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21 No development shall take place until details of the foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the proper drainage of the area.

22 Unless otherwise agreed in writing by the local planning authority there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water discharge works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works Reason: To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal.

23 Prior to the commencement of the development a scheme shall be submitted to, and approved in writing by, the Local Planning Authority describing the methodology to be employed to suppress dust arising from the operations in the form of a Dust Action Plan. Such measures may include water bowsers; sprayers mobile and fixed; or similar equipment; regulating the speed of vehicles on the site; and such other steps as are appropriate. The operations shall thereafter be undertaken in complete accordance with the approved scheme. At such times, when due to site conditions the prevention of dust is not possible all site works contributing to the dust problem should cease until such time as conditions improve to allow a resumption of works. Reason: In the interests of local amenity and to protect the environment.

24 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with U.D.P. Policy BE6, Design Standards.

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1 3 4 1

2 5

Playing Field

Clinic 0 6 20 Oakland

2 3

Oakland 1

Oakdale Close

7 4

1 4

2 5 2 6

Planning Application Number: 2006/2093 1:992 Site Address: Oakdale, Worsbrough Bridge, Barnsley Development Description: Erection of 18 dwellings and garages Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

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2007/0025 BMBC Strategic Housing Grants Agency Erection of new boundary walls (Retrospective) Brierley Street and Hastings Street, Grimethorpe, Barnsley

The Site

This is a retrospective application for the erection of new boundary walls to dwellings on Brierley Street and Hastings Street, Grimethorpe

Description

The proposal constitutes a comprehensive programme of front boundary walls to properties on Brierley and Hastings Street. The properties are a mixture of Council owned and owner occupied dwellings.

The proposal seeks to retain the new boundary walls and to finish them with wrought iron railings and gates. The walls are 1 metre high but the brick piers are slightly higher, hence planning permission is required.

Policy Context

The proposal is within the Housing Policy Area. Policies BE6 (Design Standards) are relevant.

SPG 18 provides detailed guidance on walls and fences.

Consultations

None received

Representations

None received

Assessment

Material Considerations Principle of Development Appearance

Principle of development – The site is part of a wider proposal to improve the quality of the housing stock. This work is supported by policy.

Appearance - The proposed development is of materials matching the existing properties, part of the work is complete and even in its unfinished condition has significantly improved the appearance of the streets.

Recommendation

Grant

111 Hawtho Cotta

42.5m Willow View

Low Oak rpe House

FB Church Beech Hous

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2 7

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T 3 2 EET R Pavilion N STR E Club TO E T

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48.2m 4 3

1 El Sub Sta T TCB E E PC R T S Shelter H IG H C E 49.0m Clinic M l E m T e M E r a R W Y

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Planning Application Number: 2007/0025 Site Address: Brierley Street and Hastings Street, Grimethorpe, 1:1250 Barnsley Development Description: Erection of new boundary walls (Retrospective) Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

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2007/0033 Peter Michejew Conversion of outbuilding to form 3 dwellings, erection of 6 dwellings and 19 apartments (Revised Scheme) Pheasant Inn/ 88-90 High Street, Dodworth, Barnsley

Introduction

This site occupies an extensive and visually prominent frontage in Dodworth High St.

Members will recall a previous application [2006/0777] which was refused permission in October 2006 following a site visit. That application proposed 9 dwellings and 24 apartments. The reasons for refusal reflected; the 3 storey design of the proposed properties, the adverse highway conditions in High St, the loss of protected trees and the design and layout of the proposed parking areas.

This is a revised and reduced proposal for 6 dwellings and 19 apartments. The loss of the units has enabled Members concerns to be allayed.

The Application Site

The site is located on the inside of the bend where High St begins to descend towards Keresforth Road. The site is complex and includes-

At its lower end, the Pheasant Inn. This is a handsome public house constructed of red brick [part painted] with chunky detailing. It stands on the frontage directly on the bend and includes a small parking area and range of outbuildings. Behind the pub is a stand of mature trees that are subject to a Tree Preservation Order.

A group of dilapidated buildings. These are at the top end of the site and include a group of half- timbered, rendered buildings that may have been constructed as dwellings but are now used in connection with a soft drinks distribution business. This business has its own separate access. Either side of this access is a group of mature horse chestnut trees that are very prominent in High St. These are also subject to a Tree Preservation Order.

An area of undeveloped and overgrown land situated between and behind the Pheasant Inn and the half-timbered group. This land enjoys an elevated position on top of a stone retaining wall that follows the curve of High St. The land includes a number of self set sycamores that whilst pleasant are not of sufficient quality to merit preservation.

The site is within a well-established residential area and close to the shops and services in Dodworth centre. Public transport, schools and a range of community services are available nearby to make this a sustainable location.

Within the locality there is a wide range of built forms including two storey terraced types opposite and to the rear of the site bungalows on Wentworth Way. The Grove [a listed building ] is adjacent.

113 The Application

Proposes three main elements.

1. The part-demolition, part -conversion of the half-timbered buildings [forming the soft drink business] to three dwellings. The works convert the best of these buildings and demolish the poor quality outbuildings. These properties will be served by the existing access. The form and character of these buildings will remain. 2. The erection of two blocks of apartments. These will have the appearance of terrace dwellings consistent with those found elsewhere in High St. The apartments will be sited on the open land between the half-timbered group and the site of the Pheasant Inn. The apartments will be of two storey design with accommodation in the roof space provided by dormers. They will be constructed of coursed natural stone with stone heads and cill details. The apartments will front High St but accessed from the rear by the construction of a new access in the position of the Pheasant Inn. 26 car parking spaces are provided for the 19 apartments . 3. A block of 6 townhouses to the rear of the site. These will be of 2.5 storey designs and again constructed of natural stone.

Development Plan and Policy Context

The site is within a Housing Policy Area wherein additional residential development may be acceptable subject to compliance with the criteria set out in Supplementary Planning Guidance Note 3. ‘Infill Development’.

Representations

7 letters of objection have been received. The objections are summarised as follows.

• As the site is located on a bad bend there are likely to be road safety implications. • The 6 dwellings that will back onto Wentworth Way will result in loss of privacy and insecurity. The scale is wrong • The proposal constitutes overdevelopment of the site. • Trees will be lost • There will be inadequate parking. • Dodworth has seen enough development.

The Head of Transportation has no objections subject to conditions.

Neither Yorkshire Water Services nor the Environment Agency has any objections.

The Council’s Tree Officer has noted the poor condition of many of the trees within the site.

Assessment Material Considerations. Principle. Design and Layout. Effect on Trees. Highway safety. Effect on Residential Amenity and Adjacent property.

Principle. This is a previously developed site within a Housing Policy Area. Subject to meeting the criteria in SPG 3 redevelopment or additional housing is acceptable.

114 Design and Layout. The conversion of the half-timbered buildings together with the retention of the existing means of access will safeguard the form and character of this group.

The demolition of the Pheasant Inn is to be regretted. Unfortunately changes in drinking habits are making many licensed premises unprofitable and several examples exist where the Council has approved proposals that result in the loss of the licensed premises. In this case it is understood the pub operated reduced opening hours for some time and has since closed. There have been no representations made that suggest the Pheasant Inn is an important local facility that should be retained for the benefit of the community as there have been with similar proposals elsewhere.

The Pheasant is a fine building that sits comfortably within High St. However the building is not listed or within a Conservation Area and so there are no controls to prevent its demolition. The building could be extended or converted to alternative residential or business use but this would inhibit access to the remainder of the land and prevent efficient use of this urban site.

The proposal will significantly affect the street scene. The inclusion of frontage development will visually strengthen what is essentially an underused site but at the cost the cost of losing the Pheasant Inn and much of the self set vegetation. The replacement development respects the scale and character of High St and being constructed of natural stone should consolidate what is a rather weak and underused frontage.

As there is no public open space being provided within the scheme the applicants will make a financial contribution of £23,461 to fund improvements to existing public open space in the area. This sum is in accord with the calculations set out in SPG 20 [public open space]

Effect on Trees. Much of the self-set vegetation on the site frontage will be lost. This is not subject to a Tree Preservation Order nor is it of sufficient substance or quality to be retained in this context.

Unlike the previous scheme all the impressive horse chestnut trees on the site frontage will be retained although it must be stressed that at least one is likely to be removed due to their poor condition. In addition some of the self set trees within the group of protected trees to the rear of the site will need felling. These are poor quality, weakly specimens whose removal will benefit other trees.

Highway Safety. The scheme sets the front wall of the development back by about 2 metres across the whole frontage. This area will then be incorporated into the adopted highway with the benefit of easing the bend and improving forward visibility. This aspect represents a considerable improvement . In addition the reduction of the number of dwellings proposed and the redesign of the access road enables an improved parking layout to be achieved. The Transportation Manager is satisfied with the arrangements.

Effect on Residential Amenity and adjacent Property. The principal impact will be on those properties on the opposite side of High St facing the site. The current open aspect will be lost and replaced by two storey apartments. As well as changing the aspect there will be more overlooking and less privacy. However the Council’s normal separation distance is met and the degree of separation enhanced by High St.

The 6 new town houses will be located a substantial distance from the Wentworth Way bungalows and screened by the remaining trees and replacement planting.

The site is separated from the Grove by a substantial stone boundary wall. The conversion of the half-timbered buildings [which abut the boundary with the grounds of the Grove] will mean the current relationship is unchanged. The relationship of dwellings /apartments to the Grove is now much improved and previous concerns have been overcome.

115

Overall therefore whilst residents continue to voice concerns the reduced scale of the development plus the separation distances achieved represent a considerable improvement that overcomes previous objections. There is no longer any basis for refusing planning permission.

Recommendation.

That, subject to the following conditions and the satisfactory completion of a S106 Agreement for the dedication of £23,461 to fund improvements to existing public open space facilities within the locality, planning permission is granted.

Grant subject to:-

2 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications received on 02/02/07 (Drawing No. LDS2210/004D, LDS2210/401A, LDS2210/202A, LDS2210/203A, LDS2210/201C, LDS2210/101C, LDS2210/003D), unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

3 The development shall be constructed using square coursed natural grit stone incorporating stone heads, lintels and mullions as shown in the plans hereby approved. Reason: To safeguard the appearance of the street scene.

4 No development shall take place until full details of the proposed roofing slates 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 UDP Policy BE6, Design Standards.

5 Prior to the occupation of any dwelling the section of white rendered wall on the site frontage shall be reduced in height to 1.0m and faced in coursed natural stone consistent with that of the development. Reason: To safeguard the appearance of the street scene.

6 Prior to the occupation of any dwelling the proposed stone wall on the site frontage shall be reconstructed as per the plans hereby approved. Reason: To safeguard the appearance of the street scene.

7 No trees on the site, or their branches or roots, shall be lopped, topped, felled, or severed. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality and in accordance with UDP Policies GS22, Woodland, Hedgerows and Trees and GS22A.

116

8 No hedges or trees on the site, or their branches or roots, shall be lopped, topped, felled, or severed. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality and in accordance with UDP Policies GS22, Woodland, Hedgerows and Trees and GS22A.

9 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, full details of both hard and soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained. Reason: In the interests of the visual amenities of the locality.

10 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, unless the Local Planning Authority give written consent to any variation. Reason: In the interests of the visual amenities of the locality.

11 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order no alterations to the rear elevations to 'Cottage 1, 2 and 3', including the insertion of windows, shall be formed except with the express consent of the Local Planning Authority. Reason: To safeguard the privacy of the adjacent property.

12 Prior to the occupation of any unit the site access arrangements, including visibility site lines shall be fully implemented in accord with the details shown in drawing number LDS2210/004D. Reason: In the interests of highway safety.

13 No development shall commence until a survey has been carried out by an appropriately qualified person to establish whether the buildings or trees contain bats. The report shall include, where necessary to meet the requirements of the Wildlife and Countryside Act 1981 (as amended), measures to safeguard the protected species during conversion work and thereafter. No development shall take place until these measures have been submitted to and approved in writing by the Local Planning Authority, and operations on site shall thereafter be carried out strictly in accordance with this document. Reason: To safeguard the protected species in accordance with U.D.P. Policy GS15, Protecting Habitats and Species.

14 The existing stone wall on the site's west boundary shall be fully retained. Reason: To safeguard the privacy of adjacent properties.

15 Prior to the commencement of development details of the means of boundary treatment to the site's southern boundary (shared with properties on Wentworth Way) shall be submitted to and approved by the Local Planning Authority. Thereafter the boundary treatment shall be constructed as per the approved plans. Reason: To safeguard the privacy and security of adjacent residents.

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16 The development shall not be brought into use until a footway with a minimum width of 2.0m has been provided along the frontage and connected to the existing footway system. Reason: In the interests of highway safety.

17 Prior to the occupation of each dwelling, hereby approved the parking and manoeuvring area within its curtilage shall be surfaced, sealed and drained. Reason: To ensure that adequate car parking accommodation is available and in accordance with UDP Policy T2A.

18 During the period of construction sufficient space shall be set aside within the confines of the site for the parking of site workers and visitors. Reason: To ensure that satisfactory parking is available in the interests of highway safety and the free flow of traffic.

19 All surface water run off shall be collected and disposed of within the site and shall not discharge onto the highway. Reason: In the interests of road safety.

20 Prior to the commencement of the development a scheme shall be submitted for the written approval of the Local Planning Authority, identifying measures to be taken to ensure that all vehicles leaving the site are in such condition as not to leave dust, slurry or mud on the highway. The development shall thereafter be undertaken in accordance with the details of the approved scheme. Notwithstanding such arrangements, should any material nevertheless be accidentally deposited on the public highway, the operator shall immediately remove such material. Reason: In the interests of highway safety.

21 Prior to the commencement of work the developer shall commission a desk top archaeological evaluation to establish and/or record the extent of archaeological remains within the site. Should the evaluation reveal findings of substance (in the opinion of the Local Planning Authority) then no development shall take place until the implementation of a programme of archaeological work in accord with an approved scheme of investigation submitted to and approved by the Local Planning Authority. Reason: To ensure that any archaeological remains are recorded or are preserved in accord with an agreed scheme.

22 No development shall commence until a scheme for the prevention of surface water drainage has been submitted to and approved by the Local Planning Authority. Thereafter the drainage works shall be completed in accord with the details submitted. Reason: To ensure drainage is satisfactory and does not lead to pollution.

118 4

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Planning Application Number: 2007/0033 Site Address: Pheasant Inn/ 88-90 High Street, Dodworth, 1:1250 Barnsley

Development Description: Conversion of outbuilding to form 3

dwellings, erection of 6 dwellings and 19 apartments (Revised Scheme) Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

119

2007/0038 Assistant Executive Director Demolition of existing school and erection of new advanced learning centre (Outline) St Michael's Catholic and C of E High School, Carlton Road, Barnsley.

No letters of representation received

Background

There is an urgent need to provide existing and future pupils in Barnsley with facilities and conditions that will give them the greatest opportunity to fulfil their potential. The Metropolitan Borough Council have embraced Government policy under the Building Schools for the Future initiative, and are proposing the replacement of traditional secondary schools by new Advanced Learning Centres (ALC) in various locations throughout the Borough.

The proposed number and distribution of new ALCs is a response to meeting educational and community needs within financial limits. Each new Advanced Learning Centre will provide facilities for

• pupils aged 11 to 19 years to gain a wide range of qualifications and skills; • full service provision, support for children and their families • Special Educational Needs • Adult leaning of vocational and non-vocational skills • Community learning and leisure facilities

The framework of secondary schools in Barnsley is currently unsatisfactory for a number of reasons; one of the reasons for this is the number of surplus places. The pupils on roll at secondary schools maintained by the Council by 2012 will be 11,499 with 2164 surplus places. This is almost 16% of the total secondary school capacity. Barnsley Council is required to manage the supply of school places so that the total level of surplus capacity does not exceed 10%. The effect of current trends for some schools is for school rolls to fall to a level well below the school capacity. There are also many poor school buildings, which need replacing. The primary goal however is ultimately to improve school educational achievements in Barnsley. There is evidence to suggest that the current learning environments i.e. the existing school buildings may have a detrimental effect on children’s education throughout the Borough. In an effort to meet the authority’s primary goal, it is imperative that pupils are given the best opportunities to learn in a safe, comfortable and purpose built environment.

With these objectives and policies in mind, the Council has identified that there is an urgent need to replace the existing school buildings at both St. Michael’s and Edward Sheerien School with up to date fit for purpose accommodation. In undertaking such permission has been applied for, and granted, for the relocation of Edward Sheerien on a brand new site in Carlton. This will allow St. Michael’s to expand within the larger retained site. St. Michael’s at present suffers from a poor standard of accommodation, outmoded buildings and a significant lack of playing field provision. It is with these in mind that that these redevelopment proposals were mooted.

The principle of the scheme is to establish a community facility that will serve the wider community which will include educational facilities for both school age and life long learning, and which in some cases will include related facilities such as libraries, health centres etc. This is in line with current Government thinking, not least to integrate efficiently the Government’s income flows for the various functions of the Council.

120 The proposed distribution of ALC’s throughout the Borough will result in an ALC within each Area Forum, creating an opportunity to integrate other existing learning provision into a single establishment. Each ALC will provide each Area Forum with

- a wide range of pathways to further education, training, and employment and the flexibility to combine work-based training with learning in a centre of college - An integrate Youth Service provision, allowing young people early access to personal advice and support as well as leisure activities - A full service provision ensuring easy access to support services for students and their families - A school that offers students the opportunity to specialise and collaborate closely with Barnsley College and other training providers - Enhanced sport and leisure facilities - An opportunity to provide an extended provision to young people who may have some or all of their daytime learning elsewhere.

Overall, Barnsley Council proposes to create 9 ALCs to replace the remaining 13 secondary schools in the Borough. There will be three new sites accommodating three new ALC’s that are replacing six of the existing schools, Royston and Edward Sheerien being one. The remaining six ALC’s are to be developed on the existing school sites.

Site Description

The site for the new ALC is located approximately on the site of the existing Edward Sheerien School. As discussed, this school will vacate to a new site in Carlton which will allow the demolition of the existing Edward Sheerien buildings allowing the construction of the new ALC whilst still utilising the existing accommodation at St. Michael’s. Thereafter, the buildings at St. Michael’s will be demolished completing the redevelopment of the site.

The existing site is located east of Carlton Road, to the north east of Barnsley town centre and between the communities of Carlton and Athersley. There is open countryside to the south and south east, Carlton Industrial estate to the north east and east, and established residential properties to the west.

The site slopes modestly in a general direction from south to north. Access is taken via a private road directly off Carlton Road which jointly serves St. Michael’s and Edward Sheerien schools as well as St. Dominic’s Primary School which is enclaved within the wider school site (but which does not, it should be noted, form part of this application site). There is a modest vehicular turning area to the site frontage which serves as a drop off and pick up for buses and private vehicles for all three schools on the site.

Proposals

This application follows the previous approval of the development of a new ALC in Carlton, as a site to merge the existing Edward Sheerien School. This will allow Edward Sheerien to vacate the site freeing up its redevelopment potential to provide replacement accommodation for St. Michael’s.

The application seeks outline planning permission for the construction of an Advanced Learning Centre to replace the existing St. Michael’s School. The siting of the buildings and the means of access are the only matters to be considered at this stage with all other matters reserved for future consideration. The applicants had indicated that landscaping was also to be considered at this stage but no details have been forthcoming and these mattes will therefore be reserved for future consideration. Various reports, including geotechnical, Design and Access Statement etc. have been submitted in support of the proposal.

121 The proposed plans indicate the continued use of the existing access point, albeit such will be substantially improved to create a formal ‘in and out’ arrangement as well as additional drop off and pick up space.

Illustrative plans show the siting, and conceptual 3D massing of the new school building. It is proposed in the general location of the existing Edward Sheerien School buildings which will be demolished, on the lower portion of the site east of those residential properties at 209 to 215 Carlton Road. The building will be a combination of single and two storey construction and will step and articulate significantly along its frontage. The proposal also includes staff car parking provision to the rear of those existing properties on Blakeley Close as well as the retention of the existing sports hall at St. Michael’s. Finally, the scheme proposes four outdoor tennis courts to the rear of no’s. 197 -207 Carlton Road as well as significantly enhanced playing pitch provision within the site.

The new school roll for the ALC would be approximately 1000 pupils. Edward Sheerien has a capacity for 900 pupils, and at present there are about 898 pupils, while St. Michael’s has a present roll of 703. At present attendance levels therefore there will be a reduction in pupil numbers at the site of 601, from 1601 at present to 1000 (not including any pupils at St. Dominic’s School whose position and pupil numbers will not be affected by this proposal directly).

The new school will be funded via Partnership For Schools from the DFES. The funding is based on the area requirements for secondary schools in Building Bulletin 98: Briefing Framework for Secondary School Projects. There is a formula within BB98 to calculate the amount of building and other areas required for a secondary school using the roll number. This formula has been used in calculating the size of the proposed site. The land required for the new ALC and associated supporting areas (i.e. parking, hard play areas). The ALC would be built to offer full service provision for learners from 11-19 and also would include provision for adult learners. It will provide the following:

• a wide range of pathways to further education, training and employment and the flexibility to combine work-based training with learning in a centre or college. • integrate Youth Service provision, allowing young people early access to personal advice and support, as well as exciting and enjoyable activities. • a full service provision, ensuring swift and easy access to a range of support services for the student and their family. • a school offering a specialism and a subsidiary and collaborate closely with Barnsley and Dearne Valley Colleges and training providers. Together they will provide a coherent offer to parents and learners in the community. • enhance sport and leisure facilities for the community. • a range of extended provision to young people who access some or all of their daytime learning elsewhere.

Planning Policy Considerations

Barnsley UDP – Existing Community Facility

Policy CF1 states the provision of community facilities will be encouraged where they meet community needs and subject to criteria

Policy CF2 indicates that development will not be permitted which would lead to the loss of existing community facilities.

Policy BA35 states that existing community facilities will be protected against other forms of development.

122

Policy GS22A indicates that in assessing planning applications the desirability of retaining mature trees and hedgerows will be an important material consideration.

Policy BE6 indicates that the Council will seek to achieve good design standards for all types of development.

Policy T2 indicates that development will only be allowed if the additional demand for travel generated can be accommodated on the highway network without significant detriment to the environment or the safety and ease of movement of vehicles and pedestrians using the network.

National Policy Guidance

PPS1 Delivering Sustainable Development; PPG17 Planning for Open Space, Sport and Recreation

Barnsley Local Development Framework (LDF)

The LDF is a material consideration (as determined by the Planning and Compulsory Purchase Act 2004). On the Proposal Map the site is within the urban fabric. The LDF is a consultation document and at this stage it carries limited weight as a material consideration.

Consultations

Highways DC – To be reported verbally

Planning Policy – No objection. Recommend approval.

Sport England – Recommend conditional approval.

Environmental Health Service – No response received.

H&E Drainage Section – Recommend conditional approval

Yorkshire Water Service – No objection.

Environment Agency – Recommend conditional approval.

Representations

There have been no individual letters of representation received. Likewise, there have been no other representations outside of those formally consulted above.

Assessment

Material Considerations Principle of Development Highway Safety Environmental Impact including flood risk etc. Visual Amenity and Design Impact on Trees and Hedges Residential Amenity Playing pitch Provision

123 Principle of Development - The site lies within an area allocated for community facilities and the development of replacement facilities is therefore supported as a matter of principle. The proposal will lead to the loss of one school on the site (Edward Sheerien) but this is set to merge with Royston High School on a site in Carlton which already has the benefit of an outline planning approval. There is therefore no objection to the loss of one of the schools on the site and, overall, the principle of the proposal is to be supported.

Highway Safety - Comments are to be reported verbally at Board. However, the proposal will improve the impact on the highway network in two important respects. Firstly, it will lead to a substantial reduction in pupil numbers at the site, and therefore a likely knock on reduction in the number of drop offs and pick ups. Secondly, the scheme also proposes significant vehicular circulation improvements to the site entrance.

Environmental Impact including flood risk etc. - Following negotiation the Environment Agency have withdrawn their previous objection and are now happy to support a conditional approval. The scheme will lead to a reduction in the number of buildings and general levels of harstanding and will also increase the level of permeable surfaces within the site. The site is not in an area which is subject to flooding.

Accordingly, there are no factors from an environmental perspective which would justify withholding planning permission.

Visual Amenity and Design - The external appearance of the proposed development is reserved for future consideration. The quality of the development will be an important consideration at full application stage. The Council expects a quality scheme to be designed that will not only meet the needs of the Remaking Learning Initiatives but also integrate well within the established local community. The location and form of any landscaping will be important in this respect.

These matters are reserved for future consideration. Nonetheless, it is concluded from the conceptual three dimensional images supporting the application that an articulate building of a satisfactory mass and scale can be provided in a satisfactory position within the plot. It can also be concluded that from the indicative layout that the proposed staff car parking can be shielded from view and, subject to satisfactory mitigation measures to shield views and noise from the adjacent properties on Blakeley Close, is likely to be acceptable. Likewise, the location of the proposed tennis courts is also considered acceptable to the rear of properties along Carlton Road.

The improvements to the site frontage, including to the vehicle access arrangements and to the level of landscaping, will also lead to substantial visual improvements to the streetscene along Carlton Road.

Impact on Trees and Hedges - There are no significant specimens within the site at present and the new school is proposed in the same general location as the existing school. It is not anticipated that the proposal will therefore lead to any detrimental issues in this respect and formal consideration of any replacement landscaping for the site can be considered at the Reserved Matters stage.

Residential Amenity - The buildings proposed are single and two-storey, in the general location of the existing single and two-storey buildings associated with Edward Sheerien School. It is not anticipated therefore that the proposal will lead to any significant additional impacts on residential amenity in terms of outlook, loss of privacy or loss of light. In fact, given the demolition of much of the existing St. Michael’s buildings it is likely that there will be improvements to amenity in outlook and daylight terms etc of many local residents as a result of this proposal.

124 Playing Pitch Provision - The existing school site is presently deficient in terms of the level of available playing fields. However, following the relocation of Edward Sheerien School, and the demolition of the existing St. Michael’s School, there will be sufficient space within the site to provide playing pitches to the standard and size required by Sport England and SE have confirmed their support for the proposal. This factor is clearly materially important in the overall consideration of the application.

Conclusion

The redevelopment of this existing community site for an identical use is satisfactory in principle, especially given the extant consent for the relocated Edward Sheerien School. There are no matters of detail, pursuant to the outline consent, which would preclude this development.

Recommendation

That the application be approved subject to Conditions.

Recommendation

Grant subject to:-

2 The development hereby permitted shall not be commenced unless and until approval of the following reserved matters has been obtained in writing from the Local Planning Authority:-

(a) scale of building(s)

(b) the design and external appearance of the proposed development.

(c) landscaping Reason: In order to allow the Local Planning Authority to assess the details of the reserved matters with regard to the development plan and other material considerations.

125

4 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed either before the buildings are occupied or in accordance with a timetable to agreed in writing in advance with the Local Planning Authority. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with U.D.P. Policy BE6, Design Standards.

5 No hedges or trees on the site (except those shown to be removed on the approved plan), or their branches or roots, shall be lopped, topped, felled, or severed. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality and in accordance with UDP Policies GS22, Woodland, Hedgerows and Trees and GS22A.

6 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, full details of both hard and soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained. Reason: In the interests of the visual amenities of the locality.

8 No development shall take place until a schedule of landscape maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule. Reason: In the interests of the visual amenities of the locality.

9 Details of any floodlighting shall be submitted to and approved in writing by the Local Planning Authority before the buildings are occupied. Development shall be carried out in accordance with the approved details. Reason: To safeguard the privacy and amenities of the occupiers of adjoining residential property and in accordance with UDP Policy ES1, Pollution.

10 No development shall take place unless and until full foul and surface water drainage details have been submitted to and approved in writing by the Local Planning Authority. Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained as installed throughout the life of the development unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the proper drainage of the area.

126 11 No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. The drainage scheme shall be in compliance with Revision A of the Flood Risk Assessment / Drainage Assessment submitted. The drainage works shall be completed in accordance with the details and timetable agreed. Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

12 Prior to the first beneficial use of the buildings a written scheme outlining the methods and timescales for the demolition of the existing St. Michael's School buildings shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter, unless otherwise agreed in writing, the demolition of the buildings shall proceed as so agreed. Reason: In the interests of the visual amenties of the area.

13 No development shall commence until a Community Use Agreement has been submitted to and approved in writing by the Local Planning Authority. The agreement shall include details of the pricing policy, hours of use, access by non school users, management responsibilities, and a mechanism for regular review. Thereafter the approved Agreement shall be fully implemented before the development is brought into use and no changes shall be made to the Agreement without the prior written approval of the Local Planning Authority. Reason: In the interests of securing the well managed community access to the facilities.

14 Prior to the commencement of the development hereby approved details shall be submitted and agreed in writing by the Local Planning Authority of a scheme of playing pitches for winter and summer sports which will be constructed in accordance with Natural Turf for Sport standards. Any such details shall include an investigation of ground conditions / drainage if pitches are proposed where there are presently buildings or hardstandings. Thereafter, prior to the first beneficial use of the development the pitches shall be constructed as may be agreed and thereafter maintained unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of ensuring a sufficiency of quality playing pitches.

15 Details of the phasing of the construction of the buildings (if appropriate) shall be submitted to and agreed in writing prior to the commencement of the development hereby approved. Thereafter, the buildings shall be constructed as so agreed unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of the visual amenities of the area

16 Details of the provision of changing facilities for both the internal and external use of the facilities shall be submitted to and agreed in writing prior to the first beneficial use of the site. Thereafter, any such details as may be agreed shall be implemented and thereafter maintained unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of providing satisfactory changing accommodation.

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17 Detailed levels shall accompany the Reserved Matters submission indicating existing ground levels, finished floor levels of all buildings and associated structures, road levels, along with full details of any proposed alterations to ground levels. Thereafter, the development shall proceed in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority. Reason: To enable the impact arising from any changes in levels to the assessed, in accordance with UDP Policy BE6.

18 All on site vehicular parking and circulation areas shall be hardsurfaced and drained prior to the first beneficial use of the development hereby approved. Thereafter, the parking and vehicular circulation areas shall be maintained as so implemented unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of visual amenity, and to prevent mud / debris from the site being deposited on the public highway to the potential detriment of highway safety.

19 The parking / manouevering facilities indicated on the submitted plan shall be provided prior to the development being brought into use, and shall thereafter be retained for that sole purpose at all times unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of highway safety.

20 No development shall commence until details of measures to prevent mud / debris from being deposited on the public highway have been submitted to and approved in writing by the Local Planning Authority. Thereafter, such measures shall be retained as agreed for the entire construction period of the development. Reason: In the interests of highway safety.

21 No development shall commence until details of all areas for the parking of contractor's vehicles, the storage of building materials, plant and equipment has been submitted to and approved in writing by the Local Planning Authority. Thereafter, such areas and layout as may be agreed shall be retained for such use for the entirety of the construction period. Reason: In the interests of visual amenity and highway safety.

22 Prior to the first occupation of the building a draft Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall indicate measures that will be put in place to encourage travel by modes other than the private car, and allow for regular reporting and monitoring to be undertaken. Subsequently, within six months of the site becoming operational, a detailed travel plan shall be submitted to and approved in writing by the Local Planning Authority and thereafter the approved plan shall be fully implemented and maintained unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of sustainable development

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F Planning Application Number: 2007/0038 Site Address: St Michael’s Catholic and C of E High School, Carlton 1:2500 Road, Barnsley. Development Description: Demolition of existing school and erection of new advanced learning centre (Outline) Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

129

2007/0062 BMBC Strategic Housing Erection of replacement boundary walls 1-19 and 21-41 Saxon Street, 1-7, 41-47, 49-55 and 2-76 Tudor Street, 2, 4 & 6 Stuart Street, 1- 51, 2-50 Windsor Street, 2-52 Norman Street, 1-35 and 2-30 Deightonby Street, 1-33 Hanover Street and 1-5 Dane Street South, 22-36 Saxon Street, 8-30 Stuart Street and 19-35 Dane Street, Thurnscoe, Rotherham

The Site

This application relates to the front boundaries of several Council owned properties in Thurnscoe East.

Description

Proposes the construction of ornate front boundary walls constructed of brick and ornamental railings. The walls will be 1 metre high and include wrought iron gates.

Policy Context

The proposal is within the Housing Policy Area. Policies H8E are therefore relevant.

SPG 18 provides detailed guidance on walls and fences.

Consultations

None received

Representations

None received.

Assessment

Material Considerations Principle of development Appearance

Principle of development – The improvement of residential properties in Thurnscoe East is part of the Housing Market Renewal Initiative and is to be welcomed. The works accord with policy.

Appearance – The walling will have a very positive effect on the appearance of the area which is currently characterised by a varied collection of old and untidy fences.

Recommendation

Grant

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Planning Application Number: 2007/0062 Site Address: 1-19 and 21-41 Saxon Street, 1-7, 41-47, 49-55 and 2- 1:2500 76 Tudor Street, 2, 4 & 6 Stuart Street, 1-51, 2-50 Windsor Street, 2- 52 Norman Street, 1-35 ... Development Description: Erection of replacement boundary walls Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

131

2007/0205 BMBC Bereavement Services Erection of railings above existing boundary wall Wombwell Cemetery, Cemetery Road, Wombwell, Barnsley

The Site

The site comprises the extensive boundary walls to Wombwell Cemetery, Wombwell. The cemetery has frontages to Summer Lane, main Street and Cemetery Road.

Description

The proposal involves constructing railings on top of the existing stone boundary walls. Some railings have already been added and they look excellent, helping to create the original appearance.

Policy Context

The proposal is within the Greenspace Area.

SPG 18 provides detailed guidance on walls and fences.

Consultations

Design – No observations

Representations

None received

Assessment

Material Considerations Principle of Development Appearance

Principle of Development - Improvements to Greenspace projects such as this are consistent with policy.

Appearance - The addition of railings will greatly enhance the appearance of the Cemetery’s Grounds. Permission is only required as the height of the railings will exceed 1 metre in height.

Recommendation

Grant

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68.8m

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Planning Application Number: 2007/0205 Site Address: Wombwell Cemetery, Cemetery Road, Wombwell, 1:1250 Barnsley Development Description: Erection of railings above existing boundary wall Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

133 2007/0215 Mr S Hawkins Erection of a 2 storey rear extension to dwelling 71 Wood Walk Wombwell Barnsley S73 0NB

Description

The proposal is located on the busy Wood Walk road leading out of Wombwell situated on a street scene made up of properties with a unique style. The property itself is a red brick semi-detached dwelling with concrete slate roofing and a rear extension already in place. The property at 69 Wood Walk already has a rear extension in place which currently projects past the one at 70.

Proposed Development

The proposed development is for a 2 storey rear extension to dwelling, which will require the removal of the current rear extension. The extension will have a width of 5 metres across the rear elevation. It has also a rear projection of 3.5 metres which brings it level with the extension at 69 Wood Walk.

Policy Context

Unitary Development Plan – Housing Policy Area H8E – Indicates that extensions are normally considered acceptable providing they are of a scale and design which does not adversely affect the existing building or the amenities of neighbouring properties.

BE6 – Indicates that development that is of an appropriate layout, scale and materials is normally considered acceptable.

SPG 4 – House Extensions

Consultations

Mr and Mrs Holding. 69 Wood Walk

• Issues of quality of life and enjoyment of their property • Issues over loss of picturesque view • Issues of loss of daylight

Representations

None

Assessment

Material Consideration Principle of development Employment Amenity Visual Amenity

134 Principle of development - The property lies within a Housing Policy Area where extensions and alterations to dwellings are normally considered acceptable providing they comply with the relevant criterion.

Residential Amenity - The proposal doesn’t introduce any windows which would overlook neighbouring properties. There have been objections raised from 69 Wood Walk with regard to the loss of light that might occur from the proposal. The rear of these properties face southwards, meaning the sun will pass the rear garden areas during the day. Some overshadowing will occur to the rear bedroom window, however in my opinion it is not serious enough to warrant refusal of planning permission. The rear projection of 3.5 metres also complies with what is expected in SPG 4 on House Extensions. The second concern regarding loss of view is not a planning concern and has not influenced this recommendation. The proposal is therefore considered in compliance with Policy H8E and acceptable in terms of residential amenity.

Visual Amenity - The proposed extension is of matching materials and adequate design, and is therefore in compliance with policy BE6. The proposal is therefore considered acceptable in terms of visual amenity.

Recommendation

Grant subject to:-

2 The external materials shall match those used in the existing building. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

135

93.0m

4 1 8 4 1

R O C A K V L E E N Y U

4 3

2 8 5

97.8m

5 5

8 6

m 4 .4 9 9 M

B 6 7 78

102.7m 7 9 2 8

LK A W D O O

8 9

9 3

1 W O 3 O DL A ND S V 7 IE W 2 11

0 1 Pa th ( um )

Planning Application Number: 2007/0215 Site Address: 71 Wood Walk Wombwell Barnsley S73 1:1250 0NB Development Description: Erection of a 2 storey rear extension to dwelling Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2004

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