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: 15th March 2005
Town and Country Planning Act, 1990 Part III Applications
SECTION
Site Visit Page 8 Section A – Approvals – With Reports Page 22 Section A – Approvals – No Reports Page 87 Section B – Refusals – With Reports Page 89 Section B – Refusals – No Reports Page 113 Section C – Deemed Permissions Page 115 Section D – Consultation with Adjoining Authority Page 116 Section E – Miscellaneous Page 117 Report Precis Page 118
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 five 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 the 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 Section 92(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 Section 91(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.
1 SITE VISIT
B/04/1783/DT 8
Development of site for mixed uses (Outline) 8 Former Woolley Colliery Site, Woolley Colliery Road, Darton, Barnsley. 8
SECTION A - APPROVALS - WITH REPORTS
B/04/1202/PR 22
Removal of Conditions 11(a),(d),(e) and (f) of permission B/99/0780/PR relating to provision of a visibility splay at junction of A616/ Bents Road. 22 Land to the south-west of Hepworth Works and north-east of Flint Lane, Crow Edge, Penistone. 22
B/04/1359/PU 32
Residential Development and replacement of existing bungalow (Outline) 32 Sunnymede, Huddersfield Road, Penistone, Sheffield. 32
B/04/1468/BA 36
Gateway Plaza - residential development of 188 apartments with ground floor A1/A3 units and basement parking 36 Site of former Canister Co., Sackville Street/Fitzwilliam Street/Shambles Street, Barnsley. 36
B/04/2168/BA 44
Erection of new single storey betting office A2 44 2a/ 4a Eldon Street North, Barnsley. 44
B/04/2227/BA 46
Demolition of existing nursing home and redevelopment of 34 flats in two, three-storey blocks. 46 Site of Jordan Hill Nursing Home, 37 Gawber Road, Barnsley. 46
B/04/2277/WO 51
Formation of replacement car park and garage 51 Crown Inn, Penistone Road North, High Green. 51
B/04/2494/HR 53
Erection of a metal casting plant. 53 Park Springs, off Park Springs Road, Little Houghton, Grimethorpe, Barnsley. 53
2 B/04/2522/BA 57
Conversion of premises to form three self-contained apartments. 57 125 Racecommon Road, Barnsley. 57
B/04/2532/HN 59
Demolition of existing church and erection of three dwellings in one block with associated garages (Reserved Matters). 59 Former Wesleyan Reform Church, Church Street, Elsecar, Barnsley. 59
B/05/0007/HN 61
Residential Development of 3 dwellings (Reserved Matters). 61 121-123 Welland Crescent, Elsecar, Barnsley. 61
B/05/0014/WO 63
Erection of wholesale distribution depot and associated car parking (B1 & B8 uses). 63 Wentworth Industrial Park, Maple Road, Tankersley, Barnsley. 63
B/05/0015/DA 68
Residential Development of 7 dwellings. 68 Land at Henry Street, Low Valley, Darfield, Barnsley. 68
B/05/0058/PR 71
Use of land to form car park and turning area. 71 Bell Hagg Cottage, Bower Hill Road, Oxspring, Sheffield. 71
B/05/0066/DT 73
Substitution of house types on plots 11 - 14. 73 Sparkfields, Off Spark Lane, Mapplewell, Barnsley. 73
B/05/0082/DT 76
Change of use from shop/ office to to a residence and amendments to approved shop extension.76 39 and 41 Ballfield Lane, Kexborough, Barnsley. 76
B/05/0088/BA 78
Change of use from residential to offices 78 5 Western Street, Barnsley. 78
3 B/05/0117/DE 81
Erection of three dwellings 81 Garage site to the rear of 51 - 65 Ingsfield Lane, Bolton On Dearne, Rotherham. 81
B/05/0130/BA 83
Variation of Cond of planning permission B/88/1078/BA - opening hours of petrol filling station and associated shop from 0730 - 2200 to 0600 - 2300. 83 Jet Intake 3 Service Station, Park Road, Barnsley. 83
B/05/0134/DT 85
Infill of courtyard to create new hall and store. 85 Village Hall, Darton Lane, Mapplewell, Barnsley. 85
SECTION A - APPROVALS - NO REPORTS
B/04/2488/PR 87
Siting of wood cabin for use as staff room/training room. 87 Cawthorne Children's Centre, Taylor Hill, Cawthorne, Barnsley. 87
B/05/0032/DO 87
Change of use of bungalow to out of school club. 87 The Bungalow, St John The Baptist Primary School, Dodworth Road, Dodworth, Barnsley. 87
B/05/0147/DT 88
Erection of animal isolation block. 88 Foxholes Animal Hotel, Riverside Spring Farm, Haigh, Barnsley. 88
B/05/0178/PR 88
Conversion of redundant ground floor stairwell into hot food servery 88 Cannon Hall Farm, Cawthorne, Barnsley. 88
SECTION B - REFUSALS - WITH REPORTS
B/04/1620/BA 89
Variation of Condition 1 of Planning Consent B/03/2180/BA to use Unit 3b for the sale of footwear. 89 The Peel Centre Retail Park, Harborough Hill Road, Barnsley. 89
4 B/04/1736/PR 91
Erection of detached dwelling and garage 91 Plot 7, Former Oxspring Garage/Quarry Site, Sheffield Road, Oxspring, Sheffield. 91
B/04/2517/BA 94
Erection of one dwelling (Outline) 94 Land fronting Top House, 6 Top Row, Ardsley, Barnsley. 94
B/04/2531/WW 96
Demolition of No.s 38 and 40 Hemingfield Road and outline application for the erection of 7 dwellings. 96 38 - 40 Hemingfield Road, Wombwell, Barnsley. 96
B/05/0076/HN 99
Residential Development of 1 dwelling with attached garage and stores. 99 Land adjacent to 96 Royston Hill, Hoyland, Barnsley. 99
B/05/0079/PR 101
Use of land to form extension to domestic curtilage (retrospective). 101 Land rear of 1 Crane Moor Road, Crane Moor, Sheffield. 101
B/05/0157/BA 102
Erection of detached dormer bungalow with integral Garage 102 Land off Eskdale Road and r/o Ivy Cottage, Top Fold, Ardsley, Barnsley. 102
B/05/0185/PU 104
Erection of detached dwelling with integral double garage, extension to domestic curtilage and erection of detached double garage 104 Meadow Croft, Folly Lane, Thurlstone, Penistone, Sheffield. 104
B/05/0193/HN 107
Erection of two detached dwellings with detached garages 107 Land adjacent 35 Market Street, Hoyland, Barnsley. 107
B/05/0204/BA 110
Erection of detached bungalow (Outline) 110 Land to the rear of 421 Rotherham Road, Smithies, Barnsley. 110
5 SECTION B - REFUSALS - NO REPORTS
B/04/2398/DT 113
Erection of retail unit 113 Pharmacy, Ballfield Lane, Kexborough, Barnsley. 113
B/05/0044/WB 113
Internal alterations, formation of ramp for the diabled and access to classified road 113 148-150 Sheffield Road, Birdwell, Barnsley. 113
B/05/0089/BA 113
Conversion and extension of outbuilding/ store to gents salon. 113 To rear of 125/ 127 Huddersfield Road, Barnsley. 113
B/05/0163/PR/TF 114
Fell two Oak trees within Tree Preservation Order No. 3/1997 114 14 Ormsby Close, Thurgoland, Sheffield. 114
SECTION C - DEEMED PERMISSIONS
B/05/0208/DA 115
Formation of access ramp to main entrance of community centre 115 Darhaven Community Centre, Illsley Road, Darfield, Barnsley. 115
B/05/0238/DE 115
Siting of 2 temporary portacabins for use as classroom and office. 115 The Dearne High School, Goldthorpe Road, Goldthorpe, Rotherham. 115
SECTION D - CONSULTATION WITH ADJOINING AUTHORITY
CON//05/0002/WO 116
Erection of extension to existing office building (Consultation from Sheffield City Council) 116 B-Braun Medical Ltd, Thorncliffe Park, Estate, Chapeltown, Sheffield. 116
6 SECTION E - MISCELLANOUS
TCA/5/2005 117
Fell one mature lime tree, crown reduce 1 silver birch, 2 conifers and 1 laburnum and formative prune 2 apple trees 117 57 Huddersield Road, Barnsley 117
TCA/6/2005 117
Fell 3 sycamore trees, and replant using 3 standard Bird Cherry and 2 standard Rowan trees 117 Adjacent 59 Hopwood Street, Barnsley
7 SITE VISIT
B/04/1783/DT MED Contracting Development of site for mixed uses (Outline) Former Woolley Colliery Site, Woolley Colliery Road, Darton, Barnsley.
The Site(s)
This major application proposes the development of housing and business units on 2 separate parcels of land located between Fountains Square and Woolley Colliery Village. Both sites are abandoned spoil heaps associated with the former Woolley Colliery.
The 2 sites are described as follows:-
AREA 1
Comprises part of the former No 2 tip and the former coal stocking grounds of Woolley Colliery with an area of 3.0 hectares. It fronts Woolley Colliery Road close to Woolley Colliery Village and adjoins the northern side of the C.I.S.W.O. ground. Part of the boundary is shared with the administrative boundary with Wakefield Council.
Most of the land is degraded with an irregular, unvegetated surface and areas of concrete hardstanding. The site includes a group of self-set trees and a tree screen along the road frontage.
The proposals for Area 1 include 2.0 hectares for housing (minimum of 70 dwellings) and 1.0 hectare for the development of Business Units.
AREA 2
This elongated site has an area of 1.2 hectares and comprises an unvegetated former tip. The surface of the tip is flat with a shale surface. Its steep west face enjoys extensive views over the M1 and towards the western moors.
The tip is located to the north of but physically separated from the cluster of terraced streets known as Fountain Square. The site abuts the southern edge of the C.I.S.W.O. recreation ground and stands elevated above the Barnsley-Leeds Railway Line.
The site has a frontage to Woolley Colliery Road from which access will be obtained.
The application shows this site to be developed for housing. Based on minimum density standards (35 dwellings per acre) a minimum 42 dwellings could be expected.
8 Local Highway Network
Currently access to both sites is from Darton via Woolley Colliery Road and /or Bloomhouse Lane.
From Darton the route goes via Fountain Square, Station Road and Church Street. It includes right-angled bends, a deficiency of footways and a very awkward junction onto Church Street. Bloomhouse Lane is little more than a country lane that leads to Sackup Lane.
Relevant Background
The ‘Wakefield’ permission
These proposals need to be considered in the context of the large mixed- use development approved for the site of the former colliery in the Wakefield District. That development abuts the administrative boundary with this Council and has major implications for this Council’s interests. The substance of that application proposed 375 dwellings with an area for business units.
The site was not allocated for development in the Wakefield UDP and is locationally remote from any community other than Woolley Colliery Village. The application was promoted on the back of the regenerative benefits available to a village described as ‘forgotten’. The application was supported by a legally binding agreement under S106 that was intended to bring a package of community benefits to the Village that would not otherwise be available. The proposal enjoyed the support of the local community and this helped persuade this Council to support a limited development of no more than 100 dwellings -provided the promised benefits could be secured. However, the large scale of the whole development was considered excessive and out of scale and would adversely impact on this Council’s interests. Accordingly the Board took the decision to object to the application as a whole. Even though the proposal was contrary to the Wakefield UDP Wakefield were supportive and resolved to grant permission. As the proposal represented a major departure from Wakefield’s UDP prior referral to the Secretary of State [SOS] was required before permission could be granted.
The S.O.S. ‘called in’ the application and held a public inquiry in 2001. This Council opposed the application for the following reasons;- conflict with planning policies; the unsustainable location; the visual and environmental impacts of development; the substandard road network and the inability of local schools to accommodate the children generated by the development. The SOS concluded that even though the proposal failed to meet the Government’s own national advice (in PPG3 Housing) the regenerative benefits to Woolley Colliery Village were “…. In this particular case sufficient to outweigh the conflicts with local and national policy.” The SOS therefore granted outline planning permission subject to conditions and the S106 Agreement.
9 The site was then sold to the Woodford Group. Woodfords submitted a detailed planning application proposing the construction of 375 dwellings and several business units. On being consulted on the details [by Wakefield] Members were particularly keen to ensure that the package of promised benefits would be genuinely available to the Village. Only after the necessary assurances were given did Members resolve not to object. Wakefield granted permission and preparatory earth works and highway improvements [in Wakefield] have commenced.
The Reclamation /Restoration Permission.
In August 2003 the applicants submitted a planning application [B03/1662/DT] proposing the reclamation/restoration of what is known as No. 2 Tip. This included both Areas 1 and 2 of the current application plus an extensive area of former tip that wrapped behind the CISWO recreation ground. The overall works included removing coalfines and tailings from the site and reprofiling to achieve reduced levels and a landscaped/amenity area. The plans showed two parts of the site – these were Areas 1 and 2, as “brownfield land possible future development.” Planning permission was granted subject to conditions. Work has commenced.
This permission has relevance in that it means both Areas 1 and 2 meet the Government’s official definition of ‘greenfield’ as set out in PPG3. The applicant contends that as Areas 1 and 2 were purposely excluded from the wider reclamation proposals and indeed annotated as ‘brownfield/possible future development’ they should be afforded ‘brownfield’ status. However the fact that Areas 1 and 2 were included within an approved restoration scheme subject to conditions mean they accord with the greenfield definition in PPG3 and should be treated as such notwithstanding their derelict appearance.
The Planning Application/Draft Planning Obligation
The application is submitted as an outline with all matters reserved except for means of access. This is shown to be from Woolley Colliery Road. The plan shows the development of residential and business units on Area 1 and residential on Area 2
The application is accompanied by a Planning Obligation prepared under S106 of the Act. This is a legal document that offers commitments or benefits that are not obtainable through planning conditions and may include measures to address or mitigate concerns that are not appropriate to a planning condition.
The applicant states that the purpose of the obligation is to convey benefits that will build on those already committed through the Wakefield scheme and further assist the regeneration of Woolley Colliery Village. The obligation includes:-
Make a financial contribution as follows.
1. £160,000 to provide for the construction of a new classroom at Darton P.S. [Note 1, this is in response to concerns expressed by the Director of Education at the inability of local schools to accommodate the numbers of children arising from the proposed and Wakefield Developments. Note 2. This sum is in addition to the £40,000 committed through the obligation attached to the Wakefield application.]
10
2. £10,0000 to improve footpath links between the site[s] and Darton Railway Station. (Note this is over Council owned land adjacent Fountains Square and is intended to improve pedestrian accessibility to Darton).
3. £20,000 to Woolley Miners Welfare Scheme (CISWO) in support of local football and cricket teams. [Note under Policy H6 developers are obligated to provide public open space within a housing site or a committed sum in lieu. That sum would equate to approximately £1,000 per dwelling and approximately £120.000 overall].
4. 15,000 to the Darton Church Roof Appeal.
5 Before the 200th dwelling is occupied (under the Wakefield permission) erect the Community Centre as per the Wakefield permission. (Note the Wakefield consent approved the details of a community centre but that obligation only extends to making a site available not building the centre.).
6. To use reasonable endeavours to transfer Windhill Wood (north of the Village) to South Yorkshire Forestry for recreational purposes.
7. To tidy and fence the applicant’s land north of the village.
8. Subject to the third party owner’s agreement to repair and extend the rear service access to the south of the village.
9. Within 4 months of the permission contribute £10,000 to the Woolley Colliery Village Community Trust towards the provision of local services.
In addition the applicant has provided the following [summarised] planning arguments in support-.
Woolley Colliery Village has experienced physical, social and economic decline since the Colliery’s closure. The Secretary of State, in allowing the Wakefield permission, recognised the isolation and social exclusion felt by the community and concluded that regeneration significantly outweighed any conflicts with national and local policies. The proposals have received the support of the local Village who feel detached from the rest of Darton and agree that the site is in need of regeneration to bring services and better access to local employment opportunities. This private sector scheme provides the opportunity to further address the problems by bringing social and economic benefits to further enhance the identity of the Village and establish a more sustainable community. The development will provide enhanced links to Darton removing the perceived isolation. Additional housing will help sustain facilities, shops and services within Darton. The development can be accommodated within the community infrastructure of Barnsley and will not burden the existing educational system that is shortly to be improved. The location is convenient to public transport and will potentially increase accessibility to the north for new and existing residents.
11 The development will be screened from the surrounding residential areas and have no detrimental impact on the surrounding landscape. The removal of derelict land is seen as an enhancement. The scheme includes scope to realign Woolley Colliery Road at the corner of Fountain Square and alleviate a difficult corner. There are no mining or contamination reasons to oppose the development
Development Plan and Policy Framework
The whole of the site is within the Green Belt. UDP Policy GS7 states:-
“Development within the Green Belt will not be permitted unless it maintains the openness of, and does not conflict with the purposes of including land, in the Green Belt.”
Policy GS8:-
“Within the Green Belt the construction of new buildings will not be permitted except in very special circumstances…”
These policies are closely based on the Government’s Guidance set out in PPG2 ‘Green Belts’ which makes clear inappropriate development within the Green Belt is, by definition, harmful.
PPG2 states the most important attribute of Green Belts is their openness and lists the key purposes for including land in the Green Belt as being;-
1. To check the unrestricted sprawl of large built up areas. 2. To prevent neighbouring towns from merging into one another. 3. To assist in safeguarding the countryside from encroachment. 4. To assist in urban regeneration by encouraging the recycling of derelict and other urban land.
PPG3 ‘Housing’ - seeks to ensure previously developed land is developed before Greenfield sites; that new development is accessible to public transport and other essential services. The Council’s PAN 30 adapts this advice to housing proposals in Barnsley by applying sequential and sustainability tests against which all greenfield proposals are examined.
Planning Policy Statement 1 –‘Delivering Sustainable Development.’ – sets out the Government’s advice including;-
To ensure improved accessibility to jobs, services, education etc. To promote urban and rural regeneration to improve the well being of communities. Reduce the need to travel and encourage accessible public transport provision. Promote the efficient use of land through higher density and mixed-use schemes.
PPG 13 ‘Transport’ advises LPAs to ensure their land use policies and transport programmes help to:-
Reduce the number and length of car journeys Encourage alternative means of transport which have less environmental impact Reduce reliance on the car.
12 Regional Spatial Strategy for Yorkshire and Humberside. This is now part of the Development Plan. The Strategy seeks to focus new development towards the main urban area of Barnsley and in market and Coalfield Towns particularly in the Dearne Valley Development Zone. It advises against the development of greenfield land outside these areas and in locations that will require use by car.
Representations
The following representations have been received -
82 pro-forma letters in support. These are signed by residents of Woolley Colliery Village and Darton shopkeepers but do not give reasons for their support. There is one pro-forma letter of objection.
The Environment Action Group of the United Villages Partnership has submitted a 200 signature petition opposed “…. On the grounds that Green Belt land will be lost. We also object on the grounds that a lack of school amenities and increased traffic congestion in the Darton Area will result from the development.” The addresses of signatories are from residents of Fountain Sq and beyond.
Consultations
The following is a synopsis of the main points raised by the various consultees.
Wakefield M.D.C.
“Given the regeneration benefits the proposal would bring to the immediate area and capacity of local infrastructure to satisfactorily cope with additional development (subject to improvements linked to the mixed use development in Wakefield). I would advise that this Council has no objections.”
Barnsley Development Agency
In general BDA supports the provision of local employment opportunities, however, while it may be reasonably accessible to local people they remain sceptical about the access arrangements for business use via restricted bridges, residential streets etc.
Given the pressing need to bring forward the development of allocated employment sites in more accessible locations BDA would not wish to see existing employment land supply diluted by the addition of land with so many questions over what could be genuinely developed
The Head of Transportation
The Head of Transportation has provided a detailed assessment concluding that the local highway network has many deficiencies and is not adequate to serve, cumulatively, the potential 125 dwellings now proposed, the 375 dwellings already committed in the Wakefield permission and the significant number of business units both proposed and committed.
The Head of Transportation notes that the highway issues have hardly changed from those identified in connection with the Wakefield application that were subject of this Council’s previous objection.
13 The applicant’s Transport Assessment concentrates on capacity and concludes by saying there is adequate capacity to accommodate the development with little queuing. However, the TA gives no indication of the poor condition of local roads and the junctions that comprise the network serving the site. This Council previously contended that the road network, which is below national and local standards, was not designed for its current use.
Woolley Colliery Road is not adopted and is substandard in terms of footway provision and construction. It is a requirement of the Wakefield permission that the road be improved to adoption standards. Sackup Lane has a steep gradient, narrow carriageway width with numerous junctions along its length. All junctions suffer from substandard horizontal alignment with poor visibility. The footway provision is substandard with inadequate widths and only one footway for part of its length. Sackup Lane was also the subject of a traffic-calming scheme to reduce speeds and improve safety.
Bloomhouse Lane is narrow and unlit with only a single narrow footway. Woolley Colliery Road, where it connects Fountain Square with Station Road, has narrow footways and serves residential properties. There are two junctions along this length [Fountains Sq] and both have restricted visibility due to limited footway widths and on street parking. Fountains Sq suffers from on–street parking and has no footways. Other junctions in the network all have substandard visibility by modern standards and in most cases there is little or no scope for improvements. The junction of Station Road and Church St at the railway bridge is particularly difficult. The bridge is low, the junction is at a point where there is a 90-degree bend and the road is narrowed due to bridge abutments. Visibility and intervisibility for right turning vehicles is very restricted by the bridge abutments. The various schools are located some distance from the site[s] and due to the distances involved and the substandard network it is likely the majority of school journeys will be undertaken by car adding further to the congestion and incidence of on street parking in the vicinity of schools.
The advice concludes by recommending refusal of planning permission.
Yorkshire Water
No objections raised. Request conditions in event of planning permission.
SYPTE
Comment that the site is within 400 metre walking distance of bus services that provide 4 services per hour into Barnsley. In addition Darton Station is within easy walking distance with connections to Sheffield, Barnsley, Wakefield and Leeds. Despite this the piecemeal approach to the development of the whole of Woolley Colliery remains a concern. As a result of this approach the opportunity for a public transport route through the site including Wakefield is being lost. If a through route could be achieved access to public transport could be improved significantly. (Note a through route is proposed as part of the approved Wakefield scheme).
14 CPRE
The response from the CPRE is unclear. The CPRE do not wish to object but they do go on to say that the permission for reclamation (B/03/1662/DT) makes this a ‘greenfield’ site. They add… “The site lies within the Green Belt. Development should not ordinarily be approved on a greenfield Green Belt site, however, the location is not intrusive in the landscape and we believe the size of the development would be in keeping with both the urban and rural aspects of the surrounding area, given the degraded state of the colliery and the compact nature of the development proposals. However, the effect this application would have on visual amenity, including from the local public footpaths, is still an important consideration. Policies GS9 regarding visual amenity and GS28 specifically regarding the visual amenity of public footpaths are relevant.”
The Environment Agency
Originally objected as a Flood Risk Assessment had not been undertaken. This has since been provided and found to be satisfactory. The objections are withdrawn.
The Director of Education
Objects. Members will recall that a concern of the Wakefield application was due to the adverse effect on this Council’s schools from a further 101 pupils (based on 375 dwellings). Details in support of this argument were submitted at the Wakefield Inquiry but the inspector [and the SOS] was unconvinced existing school provision/capacity would be unable to cope.
As the current proposals will add a further 27 children to local school roles the original concerns that led the Director of Education to object to the Wakefield application apply with added force. The Director of Education summarises his concerns as follows:-
There are surplus places spread across the local primary school network and within a 2 mile radius –includes schools at Wellgate , Kexborough and Mapplewell, but residents would assume that the nearest school, Darton School, would be the one their children would attend. However that school is popular and oversubscribed and consequently any surplus spaces arising will be taken by local children. The provision of an extra classroom (offered by the applicant in his planning obligation) would not necessarily resolve matters and could raise expectations that the children from the development would be accommodated and could influence purchasers of new property. The Director of Education would not wish for a new classrooms funded by the developer to be interpreted as an obligation to accommodate children from his development. The main concern of the Director of Education is that whilst sufficient spaces exist overall children from the development [and the Wakefield Development] will, due to the poor road network and indifferent public transport, be reliant upon the car. This would exacerbate the school run problems and be contrary to the Government’s strategy to reduce the school run.
The applicants have supported their arguments as to the overall local adequacy of school places with an E Mail from the Chairman of the Governing Body of the Darton School. This expresses concern at the projected falling rolls of pupils for the area’s schools that could mean budget cuts if the numbers went down.
15 He comments the housing proposals could mean increased capacity was required at Darton School to cope with the intake of children from the new developments. The developer’s financial donation would assist in the provision of additional accommodation [through the planning obligation], would relieve the demand for school places and help Woolley Colliery Village. In response to this the Director of Education reaffirms his position and indicates the comments of the Chairman of the Governors were made in the absence of the latest school place planning data and further, he is not qualified to offer advice on the strategic planning of the Council’s school provision.
Assessment
Material Considerations Principle of Development Do very special circumstances apply? Greenfield/Brownfield Issues. The Sequential Test. Sustainability. Ability of Local Highway Network to absorb increased traffic. Educational Implications.
Principle of Development
Section 54A of the Act requires planning applications to be determined in accordance with the provisions of the Development Plan- unless material considerations indicate otherwise. The UDP (the Development Plan) shows the site to be within the Green Belt. Local and national policy carries a strong presumption against new development that is by definition harmful. This proposal constitutes inappropriate development, conflicts with the purposes of including land within the Green Belt and will result in the loss of openness.
The proposal therefore conflicts with policies GS7 and GS8 and is fundamentally at odds with PPG2.
The applicant considers the Wakefield decision changes the planning framework to the extent that it is no longer appropriate to consider the site as one to which Green Belt policies should apply. He argues the Wakefield permission means the proposal should be considered as ‘infill’ since it is located between Darton and the Wakefield development effectively overtaking the UDP and rendering the Green Belt designation obsolete.
Whilst the applicant may consider the UDP out of date it remains the statutory Development Plan until formally replaced by the Local Development Framework (LDF). As such the site[s] are allocated Green belt and UDP policies GS7 and GS8 are the relevant policies. PPG2 makes it clear the boundaries of the Green Belt are permanent and should only be changed in exceptional circumstances and only through the development Plan process.
The applicant makes a number of contentions that need to be examined. He claims the proposal does not conflict with the purposes of including land within the Green Belt. He considers it ‘infill’ between the built up area of Darton and the new development in Wakefield and that it will serve to establish a more sustainable community.
16 This is refuted. The proposal will result in a sprawl of development that contributes to the merging of Darton with Woolley Colliery Village and the new Wakefield Development. It is clear and well established that national policy is intended to prevent the merging of settlements.
The applicant argues the development will not encroach into open countryside and refers to the views of the CPRE as endorsement. Again this is refuted. The site(s) are within wider countryside that includes agricultural fields, recreation grounds and wooded areas. Such uses are appropriate within the Green Belt and are specifically protected from development. In addition site 2 in particular is elevated and enjoys extensive views to the west. Development would therefore be prominent and exposed and in conflict with the key Green Belt purpose of maintaining the open character of the landscape.
The applicant submits the development will involve recycling derelict land and bring about beneficial reuse with a positive effect on the environment. However, one of the purposes of PPG2 is to encourage the recycling of derelict and other urban land. The principle here is that by preventing development of the Green Belt outside of settlements development will be encouraged on previously developed land within the urban area. In other guidance – PPG1 and PPG3 seek the development of previously developed urban land in sustainable locations.
The applicant contends the openness of the Green Belt and its appearance would in fact secure improvement by eradicating despoiled and potentially contaminated land. Openness and visual impact are different. PPG2 states “the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping the land permanently open” that is why PPG2 lists new buildings as being inappropriate development in the Green Belt. PPG2 accepts that Green Belts contain areas of attractive landscape but the quality of the landscape is not relevant as to whether or not it is included. Although the site(s) have a degraded appearance there is no doubt that given time and lack of interference they will naturally re-vegetate with silver birch as the flanks of the tips already have. In their present condition the site[s] have little impact in the wider landscape. They are partially screened from Woolley Colliery Road and views are limited. That would change as development would assume much greater prominence. The conclusion is that in terms of impact a development of 100+ dwellings would have a far greater impact on openness and the quality of the landscape than allowing the sites to progressively revegetate.
Do Special Circumstances Apply?
Policy GS8 may, in a limited number of instances, allow development in the Green Belt provided that very special circumstances outweigh the harm caused to the Green belt and the purposes of including land within it. Here the applicant has sought to argue that his package of benefits (contained in the Planning Obligation) is an important material consideration that outweighs objections. He claims the benefits will continue to build upon the regeneration initiatives that will eventually flow from the Wakefield permission.
Whereas the Wakefield Inspector considered the regeneration of Woolley Colliery Village an important factor in allowing the development that was in the context of a very different planning policy framework and unique set of circumstances that cannot be repeated.
17
Members are advised to treat the question of benefits with caution and to have regard to the advice in Circular 1/97 and the draft revisions on planning obligations. This advises that planning obligations must be; -[1] necessary to make the development acceptable in planning terms. [2]relevant to planning [3] directly related to the proposed development [4] fairly and reasonably related in scale and kind to the proposed development and [5] reasonable in all other respects.
The advice emphasises that any obligation should continue to be an impact mitigation or positive planning measure linked to planning necessity and it should not be used for tax-like purposes, such as the capture of land value increases for purposes not directly necessary for development to proceed.
In this case most of the benefits proposed have no bearing on, nor will they mitigate the underlying Green Belt policy and infrastructure objections. As they have little bearing on the objections Members should accord them little weight in the balancing exercise.
Greenfield/Brownfield Issues. The Sequential Test
Whilst the applicant disagrees, the Government’s definition means the site(s) should be treated as ‘greenfield’. All proposals for residential development on greenfield sites in excess of 0.4 Hectare are subject to the Sequential Test as set out in the Council’s Planning Advisory Note 30 (PAN 30). This was prepared in response to PPG3 and requires previously developed land (brownfield sites) to be developed before greenfield sites. Several brownfield sites have the benefit of planning permission and are ‘available’ for development and should be developed before the release of greenfield sites. Indeed precisely this argument was successfully used at appeal by the Council in resisting the application to build 50 dwellings on the site off Sackup Lane nearby. Here the Council had refused permission as the site was greenfield even though it was allocated for development and arguably more sustainably located than the current site[s]. Yet the Inspector considered the existence and availability of brownfield sites with permission within the Area of Search meant the proposal was in conflict with national and local policies. The appeal was dismissed.
In this case no sequential test has been undertaken so the proposal conflicts with PPG3 and PAN 30.
Sustainability
The location is not considered sustainable. Area 1 in particular is comparatively remote from public transport and the facilities found in Darton. The applicant argues that adding more houses around Woolley Colliery Village will help make that settlement more sustainable. This argument could of course be used to justify the expansion of any Green Belt site close to an isolated settlement but it fails to address the real sustainability issues of focussing new development within urban areas convenient to public transport and services thereby reducing the need to travel by car as reaffirmed in the Government’s recent Planning Policy Statement 1, Delivering Sustainable Development.
18 Further development in this location will simply make an existing, unsustainable community more unsustainable by increasing the population of those needing to travel to access shops/schools/services in Darton.
Local Highway Implications
Although Woolley Colliery Road will become a through road as part of the Wakefield permission it is clearly the case that the proximity of Darton will mean the majority of journeys will use the road network in Barnsley to access schools, shops, and employment. This network is dated and simply not considered conducive to support a further 125 dwellings and business units in addition to the commitment of 375 dwellings from the Wakefield development.
The applicants dispute this and refer to the conclusions of the SOS that subject to the improvements to the network set out in conditions and the S106 agreement of the Wakefield permission that the road system would be capable of accommodating the level of traffic likely to be generated by the development. That may have been the case but there is clearly a limit as to the volume of traffic that an established road network can be expected to absorb. In this case the Head of Transportation has identified several areas where the network is substandard and whilst limited improvements will be undertaken as part of the Wakefield permission these are localised and do not redress the underlying deficiencies that characterise this torturous network.
Members should also bear in mind that when consulted on the Wakefield application this Council considered the network capable of sustaining a maximum of 100 dwellings. Nevertheless permission was granted for 375 dwellings. The effect of supporting this application would mean the Council now accepts the network capable of sustaining 500 dwellings plus the associated business units.
Educational Implications
In response to the Director of Education’s concerns the applicant has included within his planning obligation a sum of £160.000 [in addition to the £40,000 committed through the Wakefield permission] to finance the construction of a further classroom at Darton Primary School and relieve pressure on a school that, even when rebuilt under PFI initiatives, will be at capacity.
The applicant has submitted a detailed assessment of the current and proposed school provision in which he argues that sufficient spaces exist at the 4 schools within the DFES’s 2 mile criteria [the distance considered as reasonable travelling distance to schools] to accommodate the children from the new developments. The Director of Education has considered the applicant’s submission but reaffirms his objections set out above. Darton School, even with a further classroom will not be able to accommodate the additional children from both developments. As a consequence children will need to travel to one of the other schools none of which are considered to be reasonably accessible by means other than the car. The development therefore runs counter to initiatives being promoted to reduce reliance on the car and encourage safe routes to school.
19 Conclusions
This report identifies major conflicts with policy and highlights inadequacies with local highway and educational infrastructure that cannot be satisfactorily addressed through a planning obligation. It is therefore recommended the application be refused for the reasons stated.
Members are advised that should they disagree with this recommendation the application will need to be referred to the ODPM as it constitutes a major departure from the Development Plan.
Refuse
1 The site lies within the Green Belt on the approved Barnsley Unitary Development Plan, wherein it is the Policy of the Local Planning Authority not to permit new development except in very special circumstances, for purposes other than those set out in paragraphs 3.4, 3.5, and 3.6 of Planning Policy Guidance Note 2. UDP Policy GS8 reflects national policy guidance and precludes development for purposes other than agriculture, forestry and essential facilities for sport and recreation, which preserve the openness of the Green Belt. In the opinion of the LPA the proposed development constitutes inappropriate development contrary to policy and prejudicial to the character and openness of the Green Belt. Furthermore, there are considered to be no very special circumstances to justify the granting of planning permission in this instance.
2 The site is a greenfield site when assessed against the definition set out in the appendix to PPG 3 'Housing'. PPG3 aims to ensure that previously developed sites are developed before greenfield sites and, furthermore, that such development is located in areas accessible to a range of services and public transport. The Council's Planning Advice Note 30 [PAN 30] has adopted these principles by requiring new greenfield proposals to follow a Sequential Approach the purpose of which is to give priority to residential devlopment on sustainable, previously developed land within urban areas. In this instance there are previously developed sites which could be developed before this greenfield site. The proposal is therefore contrary to the objectives and guidance in PPG3 and Pan 30 on the sequential release of housing land..
3 The proposal is sited in a location with limited access to shops , services and other facilities including schools by public transport, walking or cycling. The proposals would therefore lead to signicant levels of car use and is therefore contrary to the objectives and guidance contained in PPS1 and PPGs 3 and 13 regarding sustainability and car dependence.
20 4 The proposal is contrary to the spatial development strategy and locational principles in policies P1 [strategic patterns of development] and H2 [sequential approach the allocation of housing land] in RPG 12 [ the Regional Spatial Strategy for Yorkshire and the Humber to 2016] which seeks to focus development in the main Barnsley urban area and in the market and coalfield towns particularly those in the Dearne Valley Development Zone and to avoid the development of greenfield land outside settlements and in locations that will lead to the need to travel by car.
5 In the opinion of the Local Planning Authority the supply of housing land within the Borough is sufficient to meet the targets for average additions to the housing stock set out in the Regional Spatial Strategy for Yorkshire and the Humber to 2016 [RPG 12] and there is no justification for releasing additional land outside existing settlements.
6 In the opinion of the Local Planning Authority the local highway network is characterised by a substandard and torturous road network that is considered incapable of safely accommodating the level of traffic arising from the proposal.
7 In the opinion of the Local Planning Authority the educational infrastructure is not considered adequate to accommodate the children from this development. As a consequence children will be obliged to attend schools which are removed from the development and accessed by a poor road network and inconvenient public transport. The proposal will therefore exacerbate the school run and conflict with strategies designed to reduce reliance on the car.
21 SECTION A – APPROVALS – WITH REPORTS
B/04/1202/PR H J Banks and Company Ltd Removal of Conditions 11(a),(d),(e) and (f) of permission B/99/0780/PR relating to provision of a visibility splay at junction of A616/ Bents Road. Land to the south-west of Hepworth Works and north-east of Flint Lane, Crow Edge, Penistone.
Background
Planning permission was granted (Ref: B/99/0780/PR) on 22nd December 2000 for the extraction of clay and associated minerals with the restoration of excavated void by waste disposal and the reclamation of a former spoil bank.
Site Location and Description
The application site is located to the west of Crow Edge and north of Carlecotes, covering 64 hectares of land. The south and west boundaries of the site are bounded by the B6106 Bents Road and Flint Lane, while the north is bounded by a pipe manufacturing site. The east of the site is bounded by a dismantled railway running adjacent to the A616 Sheffield Road/Whams Road.
Condition 11 (a) required the improvement of a visibility splay at the A616 Sheffield Road/Bents Road junction; 11 (d) involved the re building of the part of the Hazelhead Activity Centre eastern boundary wall removed in forming the visibility splay; 11 (e) required the creation of a new vehicular and pedestrian access into the activity centre site and 11 (f) provided for remedial works to be undertaken within the activity centre to reinstate the yard and provide drainage and re surfacing for the car park area.
The Proposal
The proposal is to remove the sections of condition number 11 that relate to the provision of a visibility splay at the junction of A616 and Bents Road and the works to the activity centre. The applicant has investigate the requirements of the condition but has no control over the land. Additionally, they have sought the opinion of Traffic Consultants, who conclude that the works are not necessary on highway safety grounds, as it is considered that visibility at the junction already meets the requirements of heavy goods vehicles and as such the legality of the condition may be called into question.
Policy Context
The site is located in Green Belt and an Area Of Borough Landscape Value.
Policies M10 and WD4 – requires the consideration of the transportation impacts associated with mineral working and waste disposal operations.
22 Consultations
Transportation have no objection in principle to the removal of the condition.
Representations
Notice of receipt of this application has been advertised on site. The application has received 6 letters of objection. The broad grounds of objection are on Highway Safety.
Assessment
The Transportation Section have carefully assessed the application. The submission includes detailed information regarding visibility splays and wall heights and demonstrates that safe use of the existing junction can be made.
Circular 11/95 sets out a six-fold test that any condition attached to a planning permission should meet. They are that conditions should be necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise and reasonable in all other respects. It is considered that the condition is not necessary or reasonable in all respects and that the removal of conditions 11 (a), (d), (e) and (f) will have no detrimental impact on highway safety.
Recommendation
That planning permission is granted to remove conditions 11 (a), (d), (e) and (f) of planning permission B/99/0780/PR.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 The approval hereby granted shall be for a limited period of ten years only from the date of implementation of this permission by which date all operations shall have ceased and all land shall have been restored in accordance with the scheme required by Condition No. 37 below, except as otherwise required by conditions attached hereunder (which shall in all cases take precedence) or as may be otherwise approved in writing by the Local Planning Authority. The operator shall provide the Local Planning Authority with formal written notice of the date of commencement of development not more than twenty one days but not less than seven days before that date. To restrict the period of operations in the interests of amenity.
3 The development shall be carried out in accordance with the submitted Written Statement dated 28th June 1999 and the drawings contained therein, except where stated otherwise in conditions attached below which shall in all cases take precedence. For the avoidance of doubt.
23
4 From the commencement of the development to its completion, the following shall always be available on the site for inspection during normal working hours and to reference by operatives and contractors working on the site:
(a) A copy of this permission including all documents hereby approved and any other documents subsequently approved in accordance with this permission.
(b) A plan indicating areas which have been excavated in accordance with this permission and such plan shall be kept up to date to the satisfaction of the Local Planning Authority.
(c) A record of daily vehicular movements and daily waste inputs. In the interests of the proper management and control of the site.
5 Prior to the commencement of development a plan shall be submitted to and approved by the Local Planning Authority showing the design and location of a notice board to be erected in a position adjacent to the site entrance. Such notice board shall show the name, address and telephone number of an official who will be available and authorised to deal with any complaints regarding the conduct of the site operations immediately such complaints are notified to him. The notice board shall be erected in the approved position prior to the commencement of development and thereafter maintained in a good condition until the cessation of operations. To ensure the proper working of the site.
6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended), details of the location, design and external appearance of temporary office and amenity accommodation, other buildings, car parking area, the compound area and the recycling area shall be submitted for approval in writing to the Mineral Planning Authority prior to their construction or installation. These facilities shall be constructed in full accordance with the approved details prior to the commencement of excavation operations and thereafter maintained until the cessation of operations. For the avoidance of doubt.
7 Prior to the commencement of development the details of the vehicle and plant maintenance area, including the location of the area and design of any buildings and fencing, shall be submitted to and approved in writing by the Local Planning Authority. Such facility shall be constructed in full accordance with the approved details prior to the commencement of excavation operations and all maintenance works to vehicles and plant shall thereafter be undertaken therein. To ensure the proper operation of the site.
24 8 Prior to the commencement of excavation operations, an effective stockproof perimeter fence with warning signs stating "Danger Deep Excavation" shall be erected and thereafter maintained for the duration of the development. The design of such fence and warning signs shall have received the written approval of the Local Planning Authority prior to their to their erection. To protect the environment.
9 The sole means of vehicular access to and egress from the site shall be from the existing site access on Flint Lane and vehicles shall not be routed via Brook Hill Lane. In the interests of road safety.
10 Prior to the commencement of waste importation the highway improvements to the site access as shown on drawing No. 2L/48921/01 Rev A shall be undertaken in their entirety and shall therefater be retained for the duration of development. In the interests of highway safety.
11 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:
a) repair and remedial works for the drainage of the Bents Road including the provision of a new gully and 40 metres of new drain
b) repair to the surface and patching of the carriageway at the A616 Sheffield Road/Bents Road junction
Thereafter the works identified by the approved scheme shall be implemented in their entirety prior to the commencement of the importation of waste materials. In the interests of highway safety, the proper drainage and to preserve the integrity of the highway and the visual amenity of the locality.
12 Except with the prior written approval of the Local Planning Authority, working operations upon the site shall be limited to the hours between 07.00 hours and 18.00 hours on Monday to Friday, 07.00 hours and 13.00 hours on Saturdays, and not at all on Sundays and Bank Holidays. This condition shall apply except in cases of emergency and no plant or vehicle engines shall be started and no operations shall take place, including haulage vehicle movements, at any time outside of these hours. 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 0.700 hours on Mondays to Saturdays and not at all on Sundays and Bank Holidays. In the interests of local amenity.
25 13 Site operations shall be controlled such that the site attributable free field equivalent continuous A-weighted sound pressure level (Laeq) for any one hour period during working hours shall not cause the ambient noise level to exceed the following levels:
a) Law Bottom - levels shall not exceed 45dB A 1 hour Leq
b) Riddlepit Farm - levels shall not exceed 48dB A 1 hour Leq
c) Brook Hill Lane - levels shall not exceed 49dB A 1 hour Leq, except for a period of five weeks in total during year one when levels shall not exceed 51dB A 1 hour Leq
d) 23 Brook Hill Lane - levels shall not exceed 45dB A 1 hour Leq except for a period of twelve weeks in total during year 1, 14 weeks in total during year three, nine weeks in total during year four, and five weeks in total during year five when levels shall not exceed 47dB a 1 hour Leq
e) Whitley Terrace - levels shall not exceed 45dB A 1 hour Leq except for a period of twelve weeks in total during year one when levels shall not exceed 48dB A 1 hour Leq
The developer shall give a minimum of seven days but not more than twenty one days written notice prior to the commencement of the exceptional works detailed above to the Local Planning Authority and shall maintain a record on site which details the commencement date and cessation date of any such temporary operations and the Local Planning Authority shall have the freedom of access to this record during approved working hours. In the interests of local amenity.
14 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 excavation operations. Such scheme shall include the equipment to be used, methodology to be employed and noise monitoring station locations. Noise monitoring shall thereafter be undertaken in accordance with the approved scheme for the duration of the development and the Local Planning Authority shall have freedom of access to inspect any noise monitoring equipment at all reasonable times and shall be furnished with the measurements recorded upon request. In the interests of local amenity.
15 Prior to the commencement of the development a scheme shall be submitted to, and received the written approval of the Local Planning Authority identifying the design of the wheelwash and measures to be taken to ensure that all vehicles leaving the site are in such condition as not to emit dust or deposit slurry, mud, coal or other material from the site onto the highway. The development shall thereafter be undertaken in accordance with requirements of the approved scheme. The access/site haul roads shall be maintained in a clean condition for the duration of the development. Notwithstanding such arrangements, should any material nevertheless be accidentally deposited on the public highway, such material shall be immediately removed by the operator. In the interests of road safety.
26
16 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. 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 nuisance by these means is considered by the Local Planning Authority, in consultation with the site operator, to be impracticable the movements and excavation of clay, overburden and coal shall be temporarily curtailed until such time as the site/weather conditions improve such as to permit a resumption. In the interests of local amenity and to protect the environment.
17 Dust monitoring shall be undertaken by the operator in accordance with a scheme which shall be agreed in writing by the Local Planning Authority. Equipment used to monitor dust shall be installed prior to the commencement of excavation operations. The Local Planning Authority shall have freedom of access to all dust monitoring records from the site on request. In the interests of local amenity.
18 No vehicles used for the movement of excavated materials within the site shall be equipped with downward pointing exhaust pipes. In the interests of local amenity and to protect the environment.
19 All loaded vehicles leaving the site shall be securely sheeted. In the interests of road safety.
20 Prior to the commencement of development details of a settlement facility for the removal of suspended solids from surface water run off during construction works shall be submitted to and approved in writing by the Local Planning Authority. The facility shall thereafter be implemented on full accordance with the approved details and shall be retained throughout the construction period. To prevent pollution of the water environment.
21 Prior to the commencement of development full details of the proposed water features shall be submitted to and approved in writing by the Local Planning Authority. The water features shall thereafter be implemented in full accordance with the approved details and retained throughout the life of the development. To protect the water environment.
22 Any above ground oil or liquid storage tanks shall be located within a bund having a capacity of 110% of the largest combined volume. The floor and walls of the bund shall be impervious to oil and water and resistant to stored chemicals. All oil and chemical containers shall be stored in a compound with an impervious base graded such that the contents of the largest drum are retained in the event of spillage. To prevent the contamination of existing watercourses. Oil and liquid storage to be located within a bund.
27
23 No minerals shall be imported into the site at any time for blending, processing or resale purposes. In the interests of local amenity.
24 Any excavated material to be stockpiled on the site shall only take place within a clearly defined area and in accordance with details which shall have received the prior written approval of the Local Planning Authority. Such details shall include the maximum height, configuration and duration of proposed stocking areas. In the interest of local amenity.
25 Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995, no fixed buildings, plant or machinery, or structure in the nature of plant and machinery shall be erected on the site, except with the prior written approval of the Mineral Planning Authority. Any submission in respect of the above plant shall include details of:
a) its location; b) its external appearance. For the avoidance of doubt.
26 All foul drainage shall be contained within a cesspool which shall be installed in full accordance with details previously submitted to and approved in writing by the Local Planning Authority. The cesspool shall thereafter be retained on site and shall not be modified, except with the prior written approval of the Local Planning Authority. To prevent pollution of groundwater.
27 Prior to the commencement of development a scheme of archaeological work shall be submitted to and approved in writing by the Local Planning Authority. Such scheme shall provide for a survey of early mine workings on site and shall be produced by both drawn and photographic methods and shall thereafter be undertaken in its entirety by a qualified field archaeologist. To ensure that any features of archaeological interest are recorded or are preserved in accordance with an agreed scheme.
28 The developer shall give a minimum of 21 days written notice of commencement of excavation works on site to the Local Planning Authority and to the South Yorkshire Archaeology Service, (Planning, Transport & Highways, Town Hall, Sheffield, S1 2HH - Telephone 0114 273 6428 or 273 6354). Thereafter the developer shall afford access at all reasonable times to any staff of the Service or a qualified person nominated by them, so that they can observe any works involving ground disturbance or the alteration of buildings and record any features or finds of archaeological interest. To ensure that adequate notice and opportunity is given for recording, where minor archaeological remains are believed or known to exist.
29 Any disused mineworkings or shafts encountered during the course of development shall be treated in full accordance with the scheme detailed in the applicant's letter dated 22nd November 1999 and drawing Nos. HJB/STD/01A and HJB/STD/04. In the interests of the proper treatment of old mineworkings and shafts.
28
30 Minegas and carbon dioxide monitoring shall be undertaken throughout the development of the site in full accordance with the scheme detailed in the applicant's letter dated 22nd November 1999. In the interests of safety.
31 Prior to the commencement of development a sheme of landfill gas control and monitoring shall be submitted to and approved in writing by the Local Planning Authority. Such scheme shall thereafter be implemented in its entirety and all monitoring information shall be always available on site for inspection during normal working hours. In the interests of the proper control of minegas and in the interests of safety.
32 Prior to the commencement of development details of an adverse weather conditions waste deposition facility shall be submitted to and approved in writing by the Local Planning Authority. Such facility shall thereafter be constructed in complete accordance with the approved details prior to the importation of waste and used to deposit imported wastes when conditions do not allow the active tipping face to be used. In the interests of the proper operation of the site.
33 No blasting shall be carried out on this site. To protect the environment.
34 All recycled products produced from the recycling facility shall be used on site during restoration works and shall not be exported from the site. In the interests of local amenity.
35 Upon completion of landfilling operations all plant machinery and buildings shall be removed from the site unless specifically required for carrying out of restoration work on the site. In the interests of the proper restoration of the site.
36 Restoration shall be carried out progressively, and no new phase of tipping shall be commenced prior to the previous phase being substantially restored. To ensure satisfactory restoration of the site, in the interests of the visual amenities of the locality.
37 The site shall be restored in accordance with the broad principles of drawing No. HJB/386/PA18 and the submitted Statement dated 28th June 1999 except as shall be modified by the detailed scheme to be submitted pursuant to the requirements of this condition. Prior to the commencement of development a scheme showing restoration of the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall, amongst other matters, include details of the following:
29 a) proposed final ground levels and pre-settlement contours b) the precise locations of each planting mix c) details of all woodland, woodland edge, heathland, grassland and wetland mixes and planting specifications including the size, species and planting patterns and measures for the protection of planted areas d) details of the translocation of flora and fauna e) soil making materials and the handling regime of such materials to be used in restoration including details of the type of material, volume necessary, and location and heights of storage mounds within the site f) details of soil amelioration treatment and deposition depth and location of any soil making material to be applied g) details of the management of the vegetation within the site in the vicinity of the Bents Road/Flint Lane/Brook Hill Lane junction to ensure that forward visibility is not impaired for vehicles using the highway h) locations of footpaths and details of their construction including surface materials to be used i) the provision of fencing, water supply, gates, stiles and the design details and location of such j) details of surface and sub-surface water drainage regime during site operations and following the restoration of the land k) the design and location details of all ponds and wetland habitats l) details of measures to protect existing areas of ecological interest m) details of the phasing of all restoration works
The site shall thereafter be restored in complete accordance with the approved scheme and plan. In the interests of the proper restoration of the site.
38 The screening mounds shall be constructed with only the minimum amount of compaction necessary to ensure stability. They shall be graded and seeded with a suitable low maintenance grass seed mixture in the first available sowing season following their construction. The sward shall be suitably managed throughout the period of storage. In the interests of the proper restoration of the site.
39 The trees planted in accordance with Condition 37 shall be protected against damage (including damage by stock, rabbits and weeds) for 5 years from the date of planting. During the said period failures shall be replaced and those parts of the site on which trees are planted shall be managed in accordance with the rules and practice of good forestry. In the interests of the proper restoration.
30 40 Prior to the commencement of development details of an ecological survey shall be submitted to and approved in writing by the Local Planning Authority. Such scheme shall provide for the following:
a) a breeding bird survey to be undertaken in May 2000
b) a survey of aquatic invertebrates to be undertaken in spring/summer 2000
The survey shall thereafter be undertaken in full accordance with the approved scheme and the information collected shall be submitted to and approved by the Local Planning Authority. The information shall thereafter be used to inform the restoration of the site and shall be included within the details required by virtue of Condition 37 above. To ensure the proper restoration of the site.
41 If, in the opinion of the Local Planning Authority, tipping effectively ceases before the approved contours have been reached, the owner or operator shall produce a scheme for the approval of the Local Planning Authority for the shaping and restoration of the tipped area as it then exists, and the approved scheme shall be implemented within 2 years of cessation. In the interests of amenity.
42 Before replacement of the topsoil or soil-making material (hereinafter in these conditions referred to as 'topsoil') all reasonable steps shall be taken to ensure that within 0.9 metres of the surface of the subsoil there is no:
a)stone, rock, boulder or other material capable of damaging, impeding or turning a plough;
b)wire cable or wire rope; or
c)shale, bind or other sterile material injurious to plant life material;
d)no excessively compacted zone. In the interests of the proper restoration of the site.
43 Upon completion of restoration operations, all areas of hardstanding, including site compounds and haul road, shall be broken up and restored in accordance with the restoration scheme required by virtue of Condition 37 above. In the interests of the proper restoration of the site.
44 Upon the completion of restoration, all settlement ponds shall, unless to be retained, in accordance with the approved plans, be emptied of slurry. The settlement ponds, once emptied, shall be filled with dry inert material and restored in accordance with the restoration scheme required by virtue of Condition 37 above. In the interests of the proper restoration of the site.
31 45 An aftercare scheme, requiring that such steps as may be necessary to bring the land to the required standard for the forestry/ecological uses shall be submitted for the written approval of the Local Planning Authority not later than 12 months from the date of this planning permission. In the interests of the proper restoration of the site.
46 Before the 30th September of every year during the aftercare period, a report shall be submitted by the developer to the Local Planning Authority recording the operations carried out on the land since the date of restoration, or previous aftercare meeting and setting out the intended operations for the next twelve months. Before the 30th November of every year during the aftercare period or at other times specified by the Local Planning Authority, the developer shall arrange to attend a site meeting with representatives of the Local Planning Authority on a mutually agreed date to discuss the report prepared in accordance with this condition and to which the following parties shall be invited:
(a)All owners of land within the site. (b)All occupiers of land within the site. (c)Representatives of other statutory bodies as appropriate. In the interests of proper restoration of the site.
B/04/1359/PU R Hinchliff Residential Development and replacement of existing bungalow (Outline) Sunnymede, Huddersfield Road, Penistone, Sheffield.
Letter of objection
Site Description
Sunnymede is a red brick and rendered bungalow standing in extensive gardens at the junction of Huddersfield Road and Barnsley Road. To the north is Nether Royd, a stone dwelling and the Grammar School. Vehicular access is onto Huddersfield Road. On the opposite side of the junction is Bank End Garage.
Proposals
Outline permission is sought to replace the bungalow and erect housing on the garden area. Access is to be determined at this time and it is proposed the existing access will be improved.
Policy Context
The bungalow itself is within the Green Belt in the Unitary Development Plan but the garden is within a Housing Policy Area.
Unitary Development Plan - Green Belt, Policy GS8E - allows for the erection of a replacement dwelling provided that it is not materially larger than the one it replaces.
32 Unitary Development Plan - Green Belt, Policy GS9 requires that development within the Green Belt does not harm visual amenity.
Unitary Development Plan, Housing Policy Area, Policy H8D - infill, backland or tandem development within an existing residential area is only acceptable where no harm to local environment, residential amenity, and highway safety, and development of a larger area is not prejudiced.
Unitary Development Plan - Policy GS22, seek to retain hedgerows, woodlands and trees
Unitary Development Plan - Policy GS28 - preserve, protect and enhance existing public rights of way
Consultations
Transportation Section have no objections subject to conditions.
The Environment Agency has no objections.
Yorkshire Water Services has no objections.
South Yorkshire Archaeological Services has no objections subject to the implications of conditions.
Representations
The Town Council has no objections
One letter of objection has been received. The grounds are as follows:-
• The site is in the floodplain • Potential danger with greater traffic movements into and out of the site • Loss of a public right of way • Loss of mill race • Destruction of archaeological artefacts
Assessment
Material considerations Principle of development Highway Safety Public Right of Way Archaeology
Principle of development – the replacement of the bungalow is appropriate development within the Green Belt providing the new dwelling is not larger than the existing. The erection of housing within a Housing Policy Area is normally acceptable in principle subject to compliance with Supplementary Planning Guidance.
33 Highway Safety – it is proposed to access future development from the position of the existing access. This will be widened and provided with standard levels of visibility. The Transportation Manager if satisfied with the details submitted.
Public Right of Way – the definitive footpaths map shows no public footpath crossing this site and there is insufficient evidence to prove otherwise.
Archaeology - the objector claims that when the garden was levelled it buried an old mill race that could be destroyed by the development. In response an archaeological evaluation has been commissioned that shows the bungalow itself constructed in the bed of the infilled mill pond with the garden area beyond. The evaluation has been considered by the South Yorkshire Archaeological Service who have requested the imposition of Condition 5.
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 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 later. 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 siting of the proposed development.
(b) the design of the proposed development.
(c) the external appearance of the proposed development.
(d) landscaping for the site. 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 The dwelling proposed as the replacement to the existing bungalow (sited within the Green Belt) shall have a floorspace no greater than that of the dwelling it replaces, and thereafter 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 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. To safeguard the openness and visual amenities of the Green Belt.
34
4 Details submitted in accordance with condition 2 shall include no building, other than the replacement dwelling, within the area edged in green on the plans hereby approved. To safeguard the openness and visual amenities of the Green Belt.
5 Submission and implementation of scheme of archaeological investigation To ensure that any archaeological remains are recorded or are preserved in accordance with an agreed scheme.
6 Development shall not commence until arrangements have been entered into to secure improvement works to the existing highway, comprising widening of the footway to 2.0 metres for the full site frontage as shown on the plan hereby approved. In the interests of the safety of users of the highway
7 All areas of the site to be used by vehicles shall be hard surfaced, sealed and drained to your satisfaction prior to the substantial completion of the proposals. In the interests of the safety of users of the highway
8 During the period of construction sufficient space shall be set aside within the confines of the site for the parking of construction operatives' vehicles, the storage of building and construction materials, and plant. In the interests of the safety of users of the highway
9 Details of measures to prevent mud/debris from being deposited onto the public highway to the detriment of road safety shall be submitted to and approved by the Local Planning Authority, and thereafter such measures shall be retained for the whole construction period. In the interests of the safety of users of the highway
10 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
11. No development shall come within 12 metres of the trunks of the lime trees on the frontage of the A628. To safeguard the trees.
35
B/04/1468/BA Quest Property, Gateway Plaza - residential development of 188 apartments with ground floor A1/A3 units and basement parking Site of former Canister Co., Sackville Street/Fitzwilliam Street/Shambles Street, Barnsley.
No objections received
Site Description
The application site is part of a larger previously developed site, covering an area of about 0.41 hectares. It was formerly occupied by the Barnsley Canister Company; the factory buildings were demolished about 10 years ago.
It is a steeply sloping derelict site located on the western edge of the Town Centre overlooking the Townend Roundabout and Townend Park. There are road frontages onto Sackville Street and Fitzwilliam Street. The area is mixed in character, including shops to the south and residential areas to the north. The Lamproom Theatre, a prominent Grade II Listed Building, is located to the east.
Background
At the meeting of the Planning Regulatory Board on 16 November 2004, it was resolved to grant planning permission for 168 one and three bedroom apartments with retail and café space on the ground floor and basement car parking accessed off Fitzwilliam Street, subject to the satisfactory completion of a Section 106 Agreement. The agreement has not yet been finalised and the planning decision has not yet been issued. The applicants have subsequently submitted amended plans for the scheme to increase the number of apartments and car parking spaces from a viability point of view. The applicants have asked for these changes to be considered as an amendment to the current application.
Proposals
This is an amended application for residential development with basement car parking and a ground floor shop and café. It is proposed to increase the number of apartments from 168 to 188 units and to increase parking provision from 171 to 191 spaces. The shop and café on the ground floor remain unchanged. The height and massing of the building are largely unchanged from the original plans. The main changes are internal with the removal of two stair cores and the reconfiguration of floor layouts. Minor external alterations include the removal of a projecting stair core and a slight increase in the building footprint where the building steps and the repositioning of a number of windows and balconies. The car park entrance at Fitzwilliam Street and the pedestrian access at Sackville Street are unaffected.
36 Policy Context
UDP – Development Site / Town End Policy Area.
Policy TC1 confines retail development mainly to the Central Shopping Policy Area and discourages sites directed towards car-borne trade.
Policy TC51/8 Town End Policy Area: appropriate Town Centre uses should be considered provided that they fully reflect the need to achieve a landmark scheme on this prominent site.
Policy TC58/19 Development Site: advises that Class B1, Business and Class C1, hotel and residential uses, are the most appropriate and that a high quality development is expected because of the prominence of the site. Furthermore, development should be undertaken in a comprehensive manner.
Policy TC60/2 Shambles Street/Westgate Comprehensive Employment Development Area: the site is within this wider areas, wherein potential redevelopment may be dependent on the Shambles Street-Churchfields Link Road (Policy TC28) and the disposition of uses in the area.
General policies for the Town Centre include TC20, TC21, and TC39, which seek quality development and the provision of parking space.
Policy BE6 seeks 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.
National Planning Policies
PPS1: Delivering Sustainable Development; PPG3 Housing; PPG6 Town Centres & Retail Development; PPG13 Transport, all emphasise the important of Town Centres and encourage the concentration of commercial activity in existing centres because of their accessibility.
Consultations
Transportation Manager – raises no objections to the proposed amendments to the scheme from a highway safety point of view.
Neighbourhood Services – requires an increased financial contribution from a total of £136, 514.00 to a total of £157,132.00 towards the provision of new public open space or the improvement of existing facilities nearby.
Representations
Additional publicity has been undertaken comprising a press notice, sites notices and neighbour notification letters. No representations have been received.
37 Assessment
Material Considerations Principle Visual Amenity Residential Amenity Highway Safety
Principle – National and local policies encourage the re-use and redevelopment of previously developed sites within urban areas, particularly if they are accessible to different modes of transport. The applicants have demonstrated that the proposals are consistent with the aims and objectives of the UDP and promote the aspirations of Remaking Barnsley. The principle of the development is considered to be acceptable.
Visual Amenity – The design of the scheme is the central issue. The Remaking Barnsley Strategic Development Framework (SDF) identifies the need to define the Town Centre and make its boundaries clear and to create a sense of arrival.
This concept is being refined into a ‘gateways strategy’, which seeks to secure high quality, landmark developments on sites at key entry points into the town (gateway sites). The proposals accord with these aspirations and have the potential to deliver high quality iconic architecture on a gateway site. The amended proposals would not diminish the quality of the scheme and would create a landmark development, which provides a focal point to define a major gateway to the centre. It is concluded that the development can be accommodated on the site and would add interest and bring substantial improvements to the appearance of this part of the town centre.
Residential Amenity – the amended proposals still comply with the Councils normal standards and would have no significant additional impact on the housing development to the north compared to the original proposals. The main aspect of those houses is east-west, therefore the degree of impact will not be unreasonable.
Highway Safety – the development provides safe and satisfactory access and sufficient car parking to serve the proposed uses. The site is well located in relation to the town centre and is well served by public transport. The traffic likely to be generated by the proposed development will not materially impact on the nearby junctions in terms of capacity or highway safety.
Recommendation
It is recommended that planning on completion of a Section 106 Agreement requiring a financial contribution of £157,120 towards off-site Public Open Space in the locality, planning permission be granted subject to the recommended conditions.
38 Grant subject to:-
1 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 later. In order to comply with the provision of Section 92 of the Town and Country Planning Act 1990.
2 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
3 Sample of external materials to be submitted for approval In the interests of the visual amenities of the locality.
4 Details of boundary treatment required. In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property.
5 Prior to the commencement of construction on site, Noise Impact Assessment shall be submitted to and approved by the Local Planning Authority. The Noise Impact Assessment shall:- · Assess the impact of the preparation and construction phase of the development on neighbouring land uses. · Assess the impact of the final uses, including the plaza, of the development both within the site and on neighbouring land uses, including within the residential block. · Show where any external plant/vents are positioned and their noise impact on the residential use within the site, and on neighbouring land uses. · Use recognized noise monitoring and prediction standards. · Show how, where, why and when noise shall be monitored. · Contain proposals for noise mitigation measures/techniques to be employed on the development e.g. silent running fans in the residential block & silenced lift motors and door systems. · Contain details of noise monitoring and assessment post development to assess the efficacy of any noise abatement measures employed. · Contain information regarding the sound containing capability of any of the structures/areas designed for noisy activities, for example the glazing to the residential accommodation. · The maximum expected opening hours of various land uses e.g. café/leisure use. · The proposed hours for deliveries and waste collections. The development shall thereafter be undertaken in full accordance with the submitted report. To ensure that noise due to the construction and use of the development is reasonable and minimized.
39 6 Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995, following completion of the construction phase there shall be no further plant or machinery installed, without the prior approval of the Local Planning Authority. In the interests of the amenities of local residents.
7 White noise reversing beepers shall be fitted as standard for mobile plant on the site during the construction phase. To ensure that noise due to the development is reasonable and minimized.
8 Any external static plant installed, for example - condensers, air handling units, filter units, air conditioning plant, shall be so engineered so as to meet Noise Rating Curve 40dB(A) as a maximum. To ensure that noise due to the development is reasonable and minimized.
9 Prior to the commencement of work on site, an Air Quality Impact Assessment (relating to dust, fume, odour), shall be submitted to and approved in writing by the Local Planning Authority. The Air Quality Impact Assessment shall consider air pollution generated from the construction and final use of the development and shall:- · Assess the impact of the construction and use phases of the development e.g. dust from construction, odours from restaurants & café’s, condensers/wet cooling towers for air conditioning etc. both within and adjacent to the development · Use recognized air quality measurement, monitoring and prediction standards. · Show how, where, why and when air quality will be monitored. · Contain proposals for air pollution mitigation measures/techniques to be employed on the development, e.g. dust control techniques/frequency of use/the control of mud & dust on the highway/filters/etc. · Contain details of air quality monitoring to assess the efficacy of any abatement measures employed. The development shall thereafter be undertaken in full accordance with the submitted report. To ensure that air quality in the locality is not significantly reduced.
10 Any emissions to atmosphere from all uses proposed on the development shall be adequately filtered to remove odour, smoke and fume. Any discharge point shall be so designed and positioned to ensure maximum dilution and dispersal of emissions. To protect local air quality
11 Any external lighting or security system shall be designed to ensure that glare from the development falls only within the curtilage of the site; particular note shall be given to the residential accommodation. To prevent nuisance due to light.
40 12 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries shall only take place between the hours of 0800 and 1800 Monday to Friday and 0900 and 1400 on Saturdays and at no time on Sundays or Bank Holidays. In the interests of the amenities of local residents.
13 Prior to the commencement of construction on site, a Refuse Plan shall be submitted and approved by the local planning authority. The Refuse Control plan shall: - Assess the amounts and types of refuse that are likely to be produced by the development when completed and fully occupied. - Give details regarding the storage and collection of waste from the development. - Give details of any physical installations that are for the purposes of waste storage & control. The development shall be undertaken and thereafter operated in accordance with the submitted report. To ensure the welfare of all users and visitors to the development, to prevent odour nuisance and to dissuade pests.
14 There shall be no burning of waste on the site at any time. In the interest of amenity.
15 Submission of landscaping details In the interests of the visual amenities of the locality.
16 Implementation of landscaping scheme In the interests of the visual amenities of the locality.
17 No development/excavation 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. Details of the Proposed Engineering Works 2. Hotspot removal and procedures to identify contaminated materials. 3. Un-investigated area in the North Western Corner of the Site 4. Nickel Levels in the Proposed Residential Area 5. Waste Classification Procedures 6. Noise and Dust Action plans for the Remediation/Earth Works 7. Proposed Capping Layer. 8. Water Quality Monitoring Procedures 9. Validation of the remediation works on the . Thereafter the development shall be undertaken in accordance with the reports recommendations To ensure that the site can be safely developed and occupied.
41 18 Any visibly contaminated or odorous material encountered on the site during the development work, must be excavated and stockpiled at the site. The developer shall inform the Local Planning Authority immediately of the nature and degree of contamination present and its potential for the pollution of the water environment. Susequently, within no more than 7 days, full details of the appropriate measures to prevent pollution of groundwater and surface water, including provisions for monitoring, shall be submitted to and approved in writing by the Local Planning Authority. The development shall proceed in strict accordance with the approved measures. To protect the water environment and ensure that the remediated site is reclaimed to an appropriate standard.
19 No soakaway shall be constructed in contaminated ground. To prevent pollution of groundwater.
20 Clean, uncontaminated rock, subsoil, brick rubble and ceramic only shall be permitted as infill material. Such materials as timber, paper, plasterboard - or any other material capable of producing polluting leachate - shall not be permitted To prevent pollution of the water environment.
21 Surface water from vehicle parkng and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge to the public sewer. Roof drainage should not be passed through any interceptor. In the interests of satisfactory drainage.
22 Provide separate systems for drainage In the interests of satisfactory drainage.
23 To ensure the proper drainage of the area To ensure the proper drainage of the area.
24 Submission and implementation of surface water drainage works To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system, which will prevent overloading.
25 No building within 3.0 metres of culverted watercourse or sewer To prevent damage to the existing (sewer, watercourse or culverted watercourse).
26 Development shall not commence until a condition survey of the highways to be used by construction traffic has been 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 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. In the interests of road safety.
42
27 Development shall not 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, and such measures shall be retained for the duration of the construction works. In the interests of road safety.
28 Development shall not commence until a plan has been submitted and approved by the Local Planning Authority indicating sufficient space within the confines of the site for the parking of all employees vehicles, the storage of building materials and plant, the loading/unloading of all delivery vehicles, and such areas shall be retained for that sole purpose for the entire construction period. In the interests of road safety.
29 All on-site vehicular areas shall be hard surfaced and drained in an approved manner prior to the development bring brought into use. To prevent mud/debris from being deposited on the public highway to the detriment of road safety.
30 Vehicular and pedestrian gradients within the site shall not exceed 1 in 12. To ensure safe and adequate access. In the interests of road safety.
31 Development shall not commence until details of a radius improvement to the Fitzwilliam Street/Sackville Street, the provision of a bus shelter, measures to restrict parking on Sackville Street and Fitzwilliam Street, and the service layby on Sackville Street, have been submitted and approved in writing by the Local Planning Authority, and arrangements entered into to ensure that such works are complete prior to the development being brought into use. In the interests of road safety.
32 Development shall not commence until details of the construction access have been submitted and approved in writing by the Local Planning Authority. In the interests of road safety.
33 All redundant vehicular accesses shall be reinstated as kerb and footway prior to the development bring brought into use. In the interests of road safety.
34 Development shall not commence until details, including full calculations, materials and method of construction of all highway and retaining structures have been submitted and approved in writing by the Local Planning Authority. In the interests of road safety.
43
B/04/2168/BA S. Yorkshire P.T.A. Erection of new single storey betting office A2 2a/ 4a Eldon Street North, Barnsley.
1 letter of objection.
Site Description
The site is currently partly occupied by the existing bookmakers offices and partly vacant land, previously part of the former Yorkshire Electricity depot. The site of the existing building, at the junction of Eldon Street North and Mottram Street is affected by the new access to the interchange for which planning permission has been granted. Mottram Street will become a cul-de-sac at this junction.
Proposal
The application is for a single storey building creating 107 m² floorspace of brick, stone and render with a composite cladding roof. It is situated in the angle created between the new junction and Mottram Street with vehicle access from Mottram Street via a new link for the interchange access. The premises have no parking provisions at present and none is proposed.
Staff will increase from 1 full and 3 part-time to 1 full and 4 part-time.
Policy
Unitary Development Plan - Eastern Development Area, Development site.
Policy TC52 - development in this area will be limited to 930 m2 and subject to other planning policies.
BE2 - indicates high standards of design will be required for all development.
TC 58 & TC 58/2D Development sites - considered as suitable development site. Retail units or mixed development of business uses would be considered.
Consultations
Transportation - no objection subject to conditions, and minor comments.
Policy - this is a key element of the interchange redevelopment.
Representations
The following objections have been received:-
• no relationship to size and siting of existing building. • parking problems for customers vehicles. • potential parking problems in new cul-de-sac.
44 • interchange scheme will lead to increased demand for parking from vehicles displaced elsewhere. • parking restrictions ignored.
Assessment
Material Considerations Principle of development Design and appearance Highway safety
Principle of development - the relocation of the existing building is essential to enable Interchange Way to be upgraded and re-aligned. The proposal is therefore in accordance with policy for the area and is therefore acceptable in principle.
Design and appearance - the scale and design of the development is considered acceptable for this location and in keeping with adjacent properties.
Residential amenity - the neighbours concerns about parking problems and on street parking for the existing unit is appreciated. However, it is not considered replacing the building will have any substantial additional impact on amenity over and above the existing use. Parking and access issues in general in respect of the Interchange have already been considered in relation to that application.
Highways - there are no highway objections in principle to the development and the actual road layout was previously approved under references B/03/1888/BA and B/04/2213/BA.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
3 Sample of external materials to be submitted for approval In the interests of the visual amenities of the locality.
4 Details of boundary treatment required. In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property.
45 5 Notwithstanding the submitted plan, the development shall provide the following access standards: 1. A minimum of 600mm as a margin round the turning head. 2. One metre overhang from the kerb face to the proposed fence at the termination of the turning head to allow for vehicle overhang. 3. No doors or windows shall open over the highway. 4. Details of any retaining wall shall be submitted for the prior approval of the Local Planning Authority. In the interests of highway safety.
B/04/2227/BA Belvedere Developments, Demolition of existing nursing home and redevelopment of 34 flats in two, three- storey blocks. Site of Jordan Hill Nursing Home, 37 Gawber Road, Barnsley.
19 letters of objection Petition in opposition signed by 16 residents
Site Description
This is a vacant residential home, converted from offices in 1986 and later extended with a purpose built two storey bedroom block. This is a predominantly residential area, although the District General Hospital is 400 metres away. The site area covers approx. 0.26 hectares. There are terraced houses to the south on the opposite side of Gawber Road and a mix of detached houses and bungalows on the other three sides. The rear (north) boundary abuts Haverdale Rise, which is approximately one metre lower than the site.
The site is relatively level, with mature trees on the main road boundary.
Proposal
The application is for the demolition of the existing buildings and erection of a total of 34 flats, in two L- shaped 2 and 3 storey blocks facing Gawber Road with parking spaces to the rear. All access and parking would be from Gawber Road only and not from Haverdale Rise to the rear.
The application details and access arrangements have been amended during consideration of the application and two flats omitted. The front elevation now reduces to two storeys on the side boundaries of the Gawber Road frontage.
A tree survey has been submitted with the proposals, this recommends removal of five trees on the frontage because of decay or their unsuitability for the location. A eucalyptus close to the building can be retained, subject to assessment of its condition after demolition of the building. Two sycamores are recommended for retention.
46 Policy
Unitary Development Plan - Housing Policy Area.
Policy H8A - areas defined on the proposals map as Housing Policy Area will remain predominantly in residential use.
Policy H8D - states permission will only be granted for infill development where it would result in no harm to the local environment, amenities of local residents or create traffic problems.
Policy GS22A – advises the retention of mature trees will be a material consideration.
SPG2 - gives further advice of residential development.
SPG3 - gives further advice on infill development.
SPG20 - relates to open space provision on new development.
SPG9 – advises on the protection of trees.
Consultations
Drainage – unlikely to increase flows therefore Building Reg. issue
Environmental Health - request dust suppression during demolition and construction, hours restrictions and glazing requirements.
Transportation – on basis of previous commercial use, no objections subject to conditions
Yorkshire Water – no objections subject to conditions
Neighbourhood Services – advises a payment of £27,852 is required in lieu of open space on site. This would be likely to be spent at the green opposite St Paul's Church, Harry Road playing fields or Sugden’s Recreation ground. All are within 800 metres, i.e. walking distance of the site.
Representations
The following objections have been received:-
• parking bays off Haverdale Rise would obstruct access to dwellings/create a through route (these have now been deleted). • poor sight lines at access • loss of quality of life from increased traffic in residential cul de sac/increase traffic by 150%/involves new footpath crossing to cul de sac/loss of on street parking which is at premium close as to hospital and their parking problems/parking should only be accessible from Gawber Road • negate resident parking proposals
47 • noise dirt and disturbance during demolition and construction/possibility of site traffic using residential road • loss of privacy and security and outlook • over development/three storeys incompatible/max height of adjacent properties two storeys/out of character with area • contrary to design guidelines/no character to proposals • request limits on working hours during demolition and construction • loss of trees and wildlife • nuisance from rubbish bins on frontage/recycling bins and noise during emptying • loss of stone wall to front • request slate grey tiles • too close to front boundary • loss of trees/may be decayed but still attractive/request replacement be semi mature • unsightly appearance of waste pipes on front elevation/ventilation vents and odour nuisance • increased traffic danger to school children to nearby school • possible future occupation e.g. resettlement purposes or rehabilitation
Assessment
Material Considerations Principle of development Design and appearance Residential amenity Highway safety
Principle of development - the site lies within a larger Housing Policy Area on the Unitary Development Plan. There are therefore no objections in principle to the development of the site for residential purposes.
Design and appearance - the design and materials of the proposed buildings are considered generally acceptable. The plans have been amended during consideration and the number of apartments and height of the building has been reduced where the building adjoins two storey properties on the boundary of the building.
Residents concern about the possible overbearing nature of the proposal and the impact on the street scene have been carefully considered, and although the proposals are considerably different from the traditional housing adjacent, this is a prominent main road location which will accommodate a development of this scale without detracting from the street scene as a whole.
Residential amenity – the development meets the Council’s standards in respect of space between the buildings and existing properties. On balance, therefore, it is considered the development will not result in an unacceptable loss of privacy or amenity for the adjacent occupants.
The loss of trees on the site has been taken into account. The issue has been considered in the long term and replacement planting will ensure a landscape of maturing trees for the future.
48 Highway safety – there are no highway objections to the proposals and it is considered sufficient parking and turning areas can be provided on the site to accommodate the likely level of traffic generated by the proposal. A condition will be imposed to prevent future access to Haverdale Rise
Recommendation
It is recommended that planning permission is granted subject to the following conditions on the satisfactory completion of a Section 106 agreement to secure a payment of £27,852 for improvements to open space in the locality in lieu of provision of open space on the site.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 There shall be no vehicular or pedestrian access at any time to Haverdale Rise. In the interests of highway safety and residential amenity.
3 Sample of external materials to be submitted for approval In the interests of the visual amenities of the locality.
4 Submission of landscaping details In the interests of the visual amenities of the locality.
5 Details of boundary treatment required. In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property.
6 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries shall only take place between the hours of 0800 and 1800 Monday to Friday and 0900 and 1400 on Saturdays and at no time on Sundays or Bank Holidays. In the interests of the amenities of local residents.
7 No hedges/trees to be felled To safeguard existing trees/hedges, in the interests of the visual amenities of the locality.
8 Prevention of dust, slurry or mud on the highway In the interests of highway safety.
9 Protect existing trees To safeguard existing trees, in the interests of the visual amenity.
49 10 Implementation of landscaping scheme In the interests of the visual amenities of the locality.
11 Prior to the commencement of any work on the site, the full length of the boundary wall fronting Gawber Road shall be reduced in height and made good so as not to exceed 900mm in height; there shall be no obstruction to visibility above 900mm in height grown, planted or erected within 2.4 metres of the kerbline for the full site frontage and pedestrian visibility splays of 2.0 by 2.0 metres shall be provided at the new access. In the interests of highway safety/
12 Provide parking space for construction workers on site To ensure that satisfactory parking is available in the interests of highway safety and the free flow of traffic.
13 Provide parking and turning areas To ensure that satisfactory off-street parking/manoeuvring areas are provided, in the interests of highway safety and the free flow of traffic.
14 Provide separate systems for drainage In the interests of satisfactory drainage.
15 Surface water to pass through oil interceptor To prevent pollution of the water environment.
16 To ensure the proper drainage of the area To ensure the proper drainage of the area.
17 Submission and implementation of surface water drainage works To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system, which will prevent overloading.
18 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
19 Details of existing and proposed levels To enable the impact arising from need for any changes in level to be assessed.
20 The parking bays shown on the plans hereby approved shall be permanently marked out and retained for that purpose. To ensure that satisfactory parking is available in the interest of highway safety and the free flow of traffic.
50
B/04/2277/WO Mrs. A. Gunns Formation of replacement car park and garage Crown Inn, Penistone Road North, High Green.
Site Description
The site lies adjacent to the Crown Inn Public House and comprises a small paddock with garage, between the pub and a dwelling. The current parking area for the pub lies to the front and southern side, with access directly from the road over a long frontage, but part of this is being lost to facilitate a barn conversion. The pub is located on the junction of the A629 Penistone Road with the A61. Access to the existing car park is potentially dangerous.
Proposals
Construction of a replacement car park, with entrance further from the junction than the existing, and exit via a farm access located further from the junction.
Policy Context
The site is shown as Green Belt and Area of Borough Landscape Value in the Unitary Development Plan.
Unitary Development Plan - Green Belt, Policy GS7, development will not be permitted unless it maintains the openness of the Green Belt.
Unitary Development Plan - Green Belt, Policy GS9 requires that development within the Green Belt does not harm visual amenity.
Unitary Development Plan - Area of Borough Landscape Value, Policy GS13, development should conserve the character of the area.
Unitary Development Plan Policy T2A - points of access to be designed to appropriate standards
Consultations
Transportation Section have no objections.
Representations
The Parish Council has no objections.
51 Assessment
Material considerations
Principle of development Appearance
Principle of development – development such as this is inappropriate within the Green Belt, and only permissible in exceptional circumstances. In this case the removal of the present unsatisfactory parking arrangements whereby cars can leave and join the main road at any point over a long frontage, and its replacement by a car park set further from the junction, with a properly design access would be a significant improvement to highway safety. It is considered that an off road parking area with an access well removed from the A61/Huddersfield Road junction is an important benefit that outweighs the limited visual harm to the Green Belt.
Appearance – the car park will be largely screened by the pub and a proposed dry stone wall. In addition, a small garage will be removed and the existing parking area will be landscaped.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
3 No alterations to existing ground levels shall take place within the area marked in green on the plans hereby approved. To safeguard the oak tree, in the interest of the visual amenities of the area.
4 Prior to the commencement of use of the car park the existing dry stone wall adjoining the highway shall be increased to a height of 1.3m above that of the adjoining car park. The dry stone wall shall be constructed in the same materials and to the same specification as the existing wall. To safeguard the visual amenities of the area.
5 All areas of the site to be used by vehicles shall be surfaced in a hard impermeable material and provided with a positive system of drainage to prevent surface water run-off onto the adjacent highway or vice versa. In the interests of the safety of users of the highway.
6 The car parking spaces shown on the approved plan shall be permanently marked and thereafter retained for that purpose. In the interests of the safety of users of the highway.
52 7 Details of measures to prevent mud/debris from being deposited onto the public highway to the detriment of road safety shall be submitted to, and approved by, the Local Planning Authority and thereafter such measures shall be retained for the whole of the construction period. In the interests of the safety of users of the highway.
8 The proposed retaining wall shall be constructed a minimum of 6 metres from the trunk of the mature oak tree within the site. To prevent damage to the tree.
9 Submission of landscaping details In the interests of the visual amenities of the locality.
10 Implementation of landscaping scheme In the interests of the visual amenities of the locality.
B/04/2494/HR William Cook Cast Products Ltd Erection of a metal casting plant. Park Springs, off Park Springs Road, Little Houghton, Grimethorpe, Barnsley.
Introduction
This major application for the establishment of a new steel foundry has important economic and employment implications for the Borough.
The Site
Park Springs Industrial Estate currently consists of the undeveloped but reclaimed former Houghton Main Colliery. It is located alongside Park Springs Road in a relatively open area between Grimethorpe and Middlecliffe, Little Houghton – approximately 800m to the South East.
The particular site has an area of 5.6 Hectares is directly adjacent Park Springs Road with access taken from a purpose built roundabout.
The site itself is generally flat but beyond the land rises towards Great Houghton. Initial structured landscaping is already in place along the road frontage.
The Application
This is the first development on the estate. The proposal is to establish a new metal casting plant in two extremely large buildings with a combined floor area of 21,700 sq meters. Both buildings are of portal frame design and sited on to Park Springs Road. The main building includes a substantial office/amenity block. Both buildings will be clad in a dove grey colour (as used on the new units at Grimethorpe) with blue trim.
The main building will be used for a variety of castings used on railways, earth moving equipment and buildings. The smaller building specialise in precision castings for use in the aeronautical and food industries.
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In a supporting letter the agents have indicated the new facility in expected to generate £60 million annual sales which is two thirds of William Cook Products annual turnover.
“450 jobs will be filled by the transfers from worn out plants in Sheffield and Leeds but a very significant number will be newly created. Although modest growth is possible the prime purpose of the new facilities is to re house and stabilise an existing business, which, without this further investment would otherwise decline.”
Background
Park Springs Industrial Estate was established by planning permission (B/99/1064/HR) granted in December 1999. Specifically the permission authorised use for B1 and B2 uses (light and general industry) and B8 (warehousing). The site has subsequently been prepared with access roundabouts in place.
Development Plan and Policy Context
The site is allocated as Employment Proposal. One of the key overall goals of the Council (and the UDP) is the reindustrialisation of the Borough by increasing and diversifying the coal economy.
Representations
A petition containing 44 names from residents of Little Houghton/ Middlecliff Lane has been received. The residents are concerned about the noise and air pollution generated by a foundry and request top priority be given to mitigating potential sources of pollution.
Consultations
Barnsley Development Agency are very supportive of what they view as a substantial investment and employment opportunity. BDA will continue to work to secure the realisation of the project.
Yorkshire Water do not object to the imposition of conditions.
The Head of Transportation does not object. They comment that the Coalfields Link Road (Park Springs Road) was specifically designed and constructed to enable the regeneration of the former coalfields. The design of the road and provision of strategically located roundabouts provides a satisfactory and fast link to the wider road network particularly the M1.
The Environment Agency Initially objected due to the lack of technical information or flood risk assessment. Engineering consultants have been engaged to design a water retention scheme that may involve underground storage tanks or balancing to comply with the Environment Agency’s run off restrictions.
The Environmental Health Department have provided valuable advice and technical assistance including a specification of conditions.
54 Members are advised that the processes involved will require a specific Integrated Pollution Prevention Certificate (IPPC) authorised by the Council. This is a very detailed and technical exercise that normally follows the granting of planning permission. This will require Best Available Techniques in all processes to minimise emissions. Authorisation is monitored by the Environmental Health Department with compliance enforceable in law. The effect of IPPC Certification will be to secure a modern, efficient and environmentally benign plant.
Assessment
Material Considerations Principle Means of Access Potential for Pollution Economic Benefits
Principle - The manufacturers of Steel Castings is a B2 industrial use. The site has previously had the benefit of outline permission for B2 and the new Coalfields Link Road has been implemented to facilitate access to new industrial and business development.
Means of Access - Although the proposal will generate levels of industrial traffic it will be onto a road that has been specifically constructed for that purpose. There are no adverse highway implications foreseen.
Potential for Pollution - The IPPC authorisation under the Environment Protection Act will impose statutory levels of emissions and require best available techniques to be used throughout. Members are reminded that as the variation processes and control of emissions is subject to of separate legislation it is not the responsibility of the LPA to seek to control or duplicate those matters addressed through the IPPC authorisation.
Economic Benefits - The proposal represents a major investment opportunity within an economically depressed area that will inevitably attract associated suppliers. The revitalising effect on the local economy fully accords with the Council’s key goals and subject to the following conditions, recommended for approval.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 No development shall commence until full highway engineering details have been submitted and approved by the Local Planning Authority in respect of works to the spine road/access. In the interests of highway safety.
3 The use shall not commence until the spine road/access has been constructed to at least basecourse level and provided with operational (highway) drainage and street lighting. In the interest of highway safety.
4 Provide parking space for construction workers on site
55 To ensure that satisfactory parking is available in the interests of highway safety and the free flow of traffic.
5 Prior to the commencement of development details of measures to be taken to prevent dust and mud/debris during the construction period shall be submitted to and approved by the Local Planning Authority.Thereafter such measure shall be deployed for the duration of the construction period. In the interests of highway safety.
6 Provide parking and turning areas To ensure that satisfactory off-street parking/manoeuvring areas are provided, in the interests of highway safety and the free flow of traffic.
7 Visibility splays of 4.5m x 90m in both directions shall be provided at the junctions of the access points and spine road. In the interests of highway safety.
8 Provide separate systems for drainage In the interests of satisfactory drainage.
9 To ensure the proper drainage of the area To ensure the proper drainage of the area.
10 Submission and implementation of surface water drainage works To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system, which will prevent overloading.
11 Any externally fitted plant installed post development shall achieve NR 40dB (A) between the hours of 22.00 and 07.00 hours, and NR 45dB (A) between the hours of 07.00 and 22.00 hours. To protect residents against noise.
12 Any mobile plant operating outside the building shall be fitted white noise reversing alarms. To protect residents against noise.
13 No vehicle or mobile plant used on site shall be equipped with a downward pointing exhaust. To protect residents against noise.
14 Any security or lighting system shall be designed to ensure that glare from the development falls only within the site. To protect the environment from unnecessary light pollution.
15 Implementation of landscaping scheme In the interests of the visual amenities of the locality.
16 Outside storage in enclosures only In the interests of the visual amenities of the locality.
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17 Submission of report to assess impaired TV reception and implement remedial measures In the interests of amenities of nearby residents.
18 Assess contamination encountered and submit and implement scheme of mitigation To protect the water environment and ensure that the remediated site is reclaimed to an appropriate standard.
B/04/2522/BA Messrs D Wilson and D Yardley, Conversion of premises to form three self-contained apartments. 125 Racecommon Road, Barnsley.
2 letters of objection
Site Description
This is an inner terraced shop, which occupies the full site area from front to rear, with a shared yard and access to Harvey Street to the side; 123 Racecommon Road, the attached dwelling house has access over the yard; 2 Harvey Street is also attached to the terrace, with no apparent curtilage. To the rear west of the site is a pair of lock up garages.
Proposal
The application is for the conversion of the existing building, which has windows on the side elevation towards the yard area, into 3 flats with a new access stair to the first floor flat to be created by removing a single storey outbuilding; 3 parking spaces are proposed off Harvey Street. A replacement 1.8 metre high screen wall is proposed to the rear boundary.
Policy
Unitary Development Plan - Housing Policy Area.
Policy H5A - planning permission for conversion of buildings to flats will be granted where building of curtilage are of sufficient size to provide suitable facilities for the residents and no unacceptable noise nuisance between dwelling units; provision of satisfactory parking and no detriment to the building or curtilage.
Policy H8 - such areas will remain predominantly in residential use.
Consultations
Transportation - no objections subject to surfacing and off street parking during construction period.
57 Representations
The following objections have been received:
• encroaches onto property and right of way. • impedes fire exit. • concerns re stability, noise during construction and noise from use. • intensification of use in evening - existing use day time only • affects boundary wall not owned by applicant • likelihood of vandalism to adjacent garages
Assessment
Material Considerations Principle of use Residential amenity Highway safety
Principle of use - the use is acceptable in principle in a residential area subject to the impact on existing residents and highway safety being acceptable.
Residential amenity - it is considered residential use is likely to be less detrimental to the amenities of adjacent residents compared with the existing non – conforming commercial use or a similar business use.
Although the flats have windows overlooking the shared yard area, they will not directly look into neighbouring properties and therefore it is not considered there will be a significant amount of overlooking or disamenity.
Highway safety - there are no highway objections to the proposals, which are relatively low key. Three off street parking spaces are sufficient to satisfy the Council’s parking requirements.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 Alterations to be made good using matching materials In the interests of the visual amenities of the locality.
3 Provide parking and turning areas To ensure that satisfactory off-street parking/manoeuvring areas are provided, in the interests of highway safety and the free flow of traffic.
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B/04/2532/HN Trent Planning and Development Demolition of existing church and erection of three dwellings in one block with associated garages (Reserved Matters). Former Wesleyan Reform Church, Church Street, Elsecar, Barnsley.
1 letter of objection
Site Description
This is a rectangular site, covering approximately 0.1 hectares. A stone built church, with car park and grassed area at the rear, occupies the frontage and adjoins two and three storey stone fronted terraced properties. The site is surrounded on 3 sides by residential properties; 65 Church Street physically adjoins the church although built at an earlier date. There is an area of public open space to the rear and south of the site.
Outline planning permission was granted on 13th July, 2004 for a terrace of three properties under ref. B/04/0925/HN, after a visit by the Committee. The Church is not a Listed Building nor in a Conservation Area and is not therefore protected from demolition.
Proposals
This is a detailed application for a block of 3 brick and stone built three storey houses fronting Church Street with slate roofs and a small front gardens. Access to the rear involves widening the existing driveway adjacent 71 Church Street to 4.2 metres and provision of 3 garages and parking spaces to the rear. During consideration of the proposals the top floor has been reduced in height to respect the height of the existing terraced properties, No. 73-77.
Allocation
Housing Policy Area (frontage) Urban Green Space (rear).
Policy H8 indicates Housing Policy Area will remain predominantly in residential use.
Policy H8D requires that the scale and design of all new residential development should ensure that living standards and residential amenity are maintained for existing and proposed residents.
Policy BE6 advises the Council will seek to achieve good standards of design for all types of development.
SPG3 gives further advice about infill residential development.
PPG3 (Housing) encourages the re-use and redevelopment of Brownfield sites in urban locations in preference to Greenfield sites.
59 Policy GS34 indicates Urban Green Space will remain open and undeveloped. Proposals and development of such areas will be assessed for their effect on the present and potential formal and informal function of area for recreation amenity and link between adjacent areas.
Consultations
Transportation - no objections subject to visibility splays and reduction in garage to be kept to 5 m, being made. (These amendments have been made).
SY Archaeology Service - advises condition to secure recording of building which is a good surviving example of a Methodist Church, dating from 1859.
Environmental Services - advises limitation on working hours during construction.
Representations
The following objections have been received:
• location of garages result in loss of light to garden. • loss of view/outlook. • lack of privacy, difference in levels. • loss of peace, and quiet. • attached to end of gable/possible maintenance problems.
Assessment
Material Consideration Principle of development Residential amenity Design and appearance Highway safety
Principle of development - the front half of the site lies within a housing policy area where residential development is acceptable in principle and outline planning permission has already been granted for the site. The development is therefore acceptable in principle.
Residential amenity - the proposed development covers a similar footprint to the existing building. The proposals comply with the Council’s development control standards in respect of distances from habitable room windows and the provision of private amenity space. The nearest garage is 10 metres from the rear of the neighbour’s property and it is not considered this will result in a significant loss of light either to the house or garden area or any loss of outlook.
Design and appearance - the materials of the proposed building will match the adjacent property. The detailed elevations and height has been carefully designed to reflect the scale of the existing properties and the character of the street scene as a whole. It is considered the proposals will be an attractive addition to the street as a whole.
60 Highway safety - the plans have been amended to satisfy highway requirements in respect of visibility and on site manoeuvring. It is considered adequate provision has been provided for off street parking and that road safety will not be adversely affected.
Grant subject to:-
1 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
2 Sample of external materials to be submitted for approval In the interests of the visual amenities of the locality.
3 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries shall only take place between the hours of 0800 and 1800 Monday to Friday and 0900 and 1400 on Saturdays and at no time on Sundays or Bank Holidays. In the interests of the amenities of local residents.
4 No development, including demolition, shall take place until the applicant, their agent or successor in title has secured the implimentation of a programme of archaeological work, including building recording in accordance with a written scheme of investigation has been submitted to and approved in writing, by the Local Planning Authority. In the interests of securing the recording of the building.
5 Sight lines having dimensions 2.4 m x site boundaries shall be safeguarded at the entrance/exit such that there is no obstruction to visibility at a height exceeding 1.05 m above the nearside channel level of the adjacent highway. In the interests of road safety.
B/05/0007/HN Mr C Airey Residential Development of 3 dwellings (Reserved Matters). 121-123 Welland Crescent, Elsecar, Barnsley.
1 letter of objection
Site Description
This is a triangular shaped corner site, currently occupied by a pair of semi-detached houses. The adjacent property, No. 115, is at a right angle, and has a restricted rear garden area. The site is relatively flat and is approximately 500 square metres in area.
Outline planning permission was granted for 3 dwellings, including siting and means of access under ref. B/04/1135/HN on 13th July 2004.
61 Proposal
This is a detailed application for a terrace of 3 brick built houses with parking spaces. Siting accords with the outline approval.
Policy
Unitary Development Plan - Housing Policy Area.
Policy HN2 indicates these areas will remain predominantly in residential use.
Policy H8A requires that the scale and design of all new residential development should ensure the levels of living standards and residential amenity should be retained for both new and existing property.
PPG3 Housing - encourages the re-use and re-development of brownfield sites in preference to Greenfield sites.
Consultations
Highways – no objections to three dwellings subject to conditions
Representations
The following objections have been received:-
• garage on adjacent property not shown/proximity of new building to boundary. • difficulty in maintaining own property.
Assessment
Material Considerations Principle of development Design and appearance Residential amenity Highway safety
Principle of development - the redevelopment of accessible sites in urban areas is consistent with National Planning Policy. The development has already been granted planning permission in outline, subject to details of design and appearance.
Design and appearance - the design and appearance of the proposed building is considered appropriate for this site, which is an area mainly of semi-detached houses. The existing properties have a neglected appearance and the proposals will not have any adverse impact on the character or appearance of the area.
Residential amenity – the relationship of the proposal to existing properties is similar to that of the existing houses and it is considered that on balance the proposals would not result in any further loss of amenity or privacy.
62 Highway safety - there are no highway objections to the proposals and it is considered sufficient parking can be provided on site to accommodate the likely level of traffic generated by the proposal.
Grant subject to:-
1 Sample of external materials to be submitted for approval In the interests of the visual amenities of the locality.
2 Details of boundary treatment required. In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property.
3 Provide parking for dwelling To ensure that adequate car parking accommodation is available.
4 Prior to the dwellings being occupied pedestrian intervisibility splays of 2.0 by 2.0 metres shall be provided at the junction of the drives with the Welland Crescent footway. In the interests of highway safety.
5 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
B/05/0014/WO Jimmy's Wholesale Fireworks Ltd Erection of wholesale distribution depot and associated car parking (B1 & B8 uses). Wentworth Industrial Park, Maple Road, Tankersley, Barnsley.
Three letters of objection received
Site Description
The site, covering approximately 1.0 hectare of land is located within the established Wentworth Business Park. The Mercedes Benz premises lie to the north, and on the opposite of Maple Road are the premises of HSBC Bank. Sowell Pond lies to the west; it is a nature conservation site, which is the habitant of Great Crested Newts. A new office development is under construction on the land to the east, beyond which is the Fire Station.
Proposals
It is proposed to construct a distribution warehouse, measuring about 40.0 metres by 25.0 metres, a small storage shed and a separate office/showroom building together with car and lorry parking areas with access off Maple Road. It would be used by a company that stores and supplies fireworks. The buildings would be faced in brickwork with steel cladding to some elevations and to the roofs. New planting would be undertaken along the frontage of the site to Maple Road.
63 Policy Context
UDP – Employment Proposal
Policy ED2 – indicates that development on sites proposed for employment use will normally be permitted for business, industry, and storage and distribution. Other employment generating uses may be permitted if they are compatible with adjoining uses.
Policy GS15 indicates that the Council seeks to safeguard important habitats and species from any activities which would cause disturbance, pollution or other damage. All development proposals should, where appropriate, include measures to conserve and enhance existing features of nature conservation interest and to create new nature conservation areas.
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.
SPG1 gives advice about the layout and design of new industrial development.
SPG26 gives advice about landscaping for new industrial developments.
Consultations
Transportation Manager – raises no highway objections to the proposals subject to standard highway conditions.
Barnsley Development Agency – fully support the principle of the development.
Environmental Health Service – raises no objections subject to standard environmental conditions.
Environment Agency – has no comments to make.
Yorkshire Water Services – raise no objections subject to drainage conditions.
Health and Safety Executive – has no comments to make.
Representations
There have been three letters of objection received in which the following concerns are raised:
• future safety of site and employees • concerns about damage to homes/personal injury in event of explosions • concerns about risks from deliveries/wholesale customers vehicles
64 • future expansion would increase risks • building construction may not contain any blast or fire • impact of use on adjacent business operations and effect on future recruitment of personnel • such a company should not be permitted; there are enough manufacturers in the UK already
Assessment
Material Considerations Principle Visual Amenity Health and Safety Highway Safety
Principle - the site lies within a larger area designated as an Employment Proposal on the Barnsley UDP. Policy ED2 permits business, industry, storage and distribution uses. The proposals accord with Policy ED2 and in principle they are considered to be acceptable. The adjacent site is a designated Nature Conservation Site. Newt mitigation measures are already in place around the site and therefore the proposed development will not impact on the protected species.
Visual Amenity – the design and appearance of the proposed development is considered to be an appropriate treatment for the site. The buildings are to a contemporary design incorporating some brickwork and steel cladding sheets. The proposed planting to the road frontage will create an attractive setting for the development in the longer term.
Health and Safety – the concerns raised about the proposals are understandable. The development may be a potential hazard due to the storage and handling of explosives on site. However, the use is highly regulated by other legislation. The premises and its operations must be registered and licensed by the Health and Safety Executive and also the applicants must first obtain assent from the Fire Authority under the Explosives Act 1875. Ultimately, the health and safety issues fall to the Health and Safety Executive.
Highway Safety – the proposed access and car parking arrangements are satisfactory and sufficient to serve the development. The additional traffic likely to be generated can be accommodated on the highway network without significant detriment to the environment or the safety and ease of movement of vehicles.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
65 2 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
3 Sample of external materials to be submitted for approval In the interests of the visual amenities of the locality.
4 Details of boundary treatment required. In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property.
5 Submission of landscaping details In the interests of the visual amenities of the locality.
6 Implementation of landscaping scheme In the interests of the visual amenities of the locality.
7 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. An assessment as to the degree to which the site may be affected by any contamination, including borehole and trial pit results.
2. Measures to test and evaluate the site for the purposes of identifying contamination throughout the duration of the development.
3. Measures to treat or remove any contaminated materials encountered and the methodology to be employed. These procedures should be summarised in a remediation statement.
4. Steps to be taken to prevent any environmental pollution by any such contaminated material encountered.
5. Measures to prevent risks to health and safety of the general public and any persons working on the site.
6. The requirement for the submission of further reports during the course of the development.
7. The subsequent certification/validation reports are submitted, showing that the site has been satisfactorily remediated and that the subsequent 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" and the ODPM's Planning Policy Statement 23 'Planning and Pollution Control'. To ensure that the site can be safely developed and occupied.
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8 There shall be no deliberate discharge or testing of fireworks on site. In the interests of the amenities of adjacent occupiers.
9 There shall be no burning of waste on site at any time. In the interests of amenity.
10 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries shall only take place between the hours of 0800 and 1800 Monday to Friday and 0900 and 1400 on Saturdays and at no time on Sundays or Bank Holidays. In the interests of the amenities of adjacent occupiers.
11 Any security or external lighting system shall be designed in accordance with ILE guidance and positioned so that any glare only falls within the curtilage of the site. In the interests of amenity.
12 Prior to any of the buildings being brought into use, all areas of the site to be used by vehicles shall be surfaced in a hard impermeable material and provided with a positive system of drainage to prevent surface water run-off onto the adjacent highway and vice versa. In the interests of highway safety.
13 The car parking bays shown on the approved plan shall be permanently marked out before the development is brought into use and shall thereafter be retained for that purpose. In the interests of highway safety.
14 Provide parking space for construction workers on site To ensure that satisfactory parking is available in the interests of highway safety and the free flow of traffic.
15 Before development commences, details of measures to prevent mud/debris from being deposited onto the public highway shall be submitted to and approved by the Local Planning Authority and thereafter such measures shall be retained for the whole of the construction period. In the interests of road safety.
16 Provide separate systems for drainage In the interests of satisfactory drainage.
17 To ensure the proper drainage of the area To ensure the proper drainage of the area.
67 18 Any liquid storage tank should be located within a bund with a capacity of not less than 110% of the largest tank or largest combined volume of connected tanks. To ensure that there are no discharges to the public sewerage system which may injure the sewer.
19 No development shall take place until works have been carried out to provide adequate facilities for the disposal and treatment of any waste materials, including trade effluents, in accordance with details to be submitted to and approved by the local planning authority. To ensure that the development can be properly drained without damage to the local water environment.
B/05/0015/DA A E Tabor & Sons West Melton Ltd Residential Development of 7 dwellings. Land at Henry Street, Low Valley, Darfield, Barnsley.
Two letters of objection, one with 10 signatures
Site Description
This is a flat site of 0.14 hectare bounded by the River Dove. Terraced dwellings are opposite.
Relevant site history
Outline planning permission for residential development was granted in June 2004 with an earlier approval in 1992.
Proposals
This scheme proposes 7 dwellings comprising one block of 4 houses and one block of three houses. The dwellings are set back from the road behind private drives. The proposals include the provision of a turning facility. A protected tree of low stature would be removed and replaced by seven trees.
Policy
The site is within the Housing Policy Area. It also falls into Flood Zone 3 “ High Risk” zone on the Environment Agency’s Indicative Flood Plain Map.
UDP Policy H8A – Residential Development UDP Policy ES4 - Development in Washlands UDP Policy GS22A - Trees SPG2 – The Design and Layout of Residential Development SPG29 - Flood Risk and Development
68 Representations
Two letters including 10 signatures object for the following reasons:
• Henry Street is a narrow road where cars are parked on the street. This development will result in congestion and further on-street parking • Henry Street is a private road in poor condition which will be made worse by construction traffic • The development may exacerbate existing drainage problems
Consultations
The Head of Transportation does not object. The Environment Agency does not object. Yorkshire Water does not object.
Assessment
Material Considerations Principle Residential Amenity Design and Layout Loss of trees Highway Safety Flood Risk
Principle – The principle of the development is firmly established by the outline permission.
Residential Amenity – The separation distance between the proposed and existing dwellings is a minimum of 17 metres. As the existing dwellings are sited at the back edge of the footway full compliance with the 19 m standard is not realistic in this situation. In this situation 17 m is consistent with the character of the streetscape and achieves a workable layout.
Design and Layout – The dwellings are contemporary but reflect the locality, which is characterised by terraced housing.
Loss of trees – Whilst the proposals result in the loss of a protected tree, this tree is damaging the highway and will need to be replaced by a footway. Seven replacement trees will compensate.
Highway safety – The layout includes the provision of a turning head together with other works that will improve Henry Street generally. The capacity of Henry Street can adequately sustain the additional traffic.
Flood Risk – A condition is recommended to re-affirm that development is carried out in accordance with the Flood Risk Assessment submitted with the outline approval.
69 Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
3 Sample of external materials to be submitted for approval In the interests of the visual amenities of the locality.
4 Details of boundary treatment required. In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property.
5 Submission of landscaping details In the interests of the visual amenities of the locality.
6 Prior to the commencement of development a detailed scheme of works shall be agreed by the Local Planning Authority to cover the following a) the vehicle crossings over the existing verge; b) carriageway repair/resurfacing works; c) the relocation of the lamp column opposite 23 and 25 Henry Street at the end of the turning head; d) driveway construction and; e) improvements to the grass verge. No dwelling shall be occupied until the agreed works have been carried out to the satisfaction of the Local Planning Authority In the interests of highway safety
7 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 To ensure that the development can be properly drained
8 Remove permitted development rights for extensions To safeguard an easement.
9 The development shall proceed in full accordance with the details contained within the approved flood risk assessment subject to planning application ref. B/04/0356/DA. To minimise the impacts of flooding
10 The ground floor of any dwelling shall be a minimum of 600 mm above the frontage road level on Henry Street To reduce the risk of flooding
70 11 Replacement of felled trees In the interests of the visual amenities of the locality.
12 Implementation of landscaping scheme In the interests of the visual amenities of the locality.
13 Provide parking space for construction workers on site To ensure that satisfactory parking is available in the interests of highway safety and the free flow of traffic.
14 Provide separate systems for drainage In the interests of satisfactory drainage.
15 Provide parking for dwelling To ensure that adequate car parking accommodation is available.
16 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 In order to allow sufficient access for maintenance and repair works at all times
17 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 drainage works To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal
18 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries shall only take place between the hours of 0800 and 1800 Monday to Friday and 0900 and 1400 on Saturdays and at no time on Sundays or Bank Holidays. In the interests of the amenities of local residents.
B/05/0058/PR M Fielding Use of land to form car park and turning area. Bell Hagg Cottage, Bower Hill Road, Oxspring, Sheffield.
Objection from Parish Council Letter of support
Site Description
The application relates to one of a pair of semi-detached cottages set in open countryside about 75 m from Bower Hill Road.
71 Vehicular access is currently along a tarmac surfaced private drive, over which the applicant has a right of way. However, he only has parking space for a single vehicle, and problems have arisen involving cars parked on the private drive. Court action has followed. The site itself lies within a field directly adjacent to the dwelling.
Proposals
Construction of a limestone surfaced hard standing area to provide two parking spaces and a turning area. The parking spaces will be directly to the side of the dwelling. Because of the sloping nature of the site, some increase in ground levels will be required, with a grassed embankment.
Policy Context
The site is shown as Green Belt and Area of Borough Landscape Value in the Unitary Development Plan.
Unitary Development Plan - Green Belt, Policy GS7, development will not be permitted unless it maintains the openness of the Green Belt.
Unitary Development Plan - Green Belt, Policy GS9 requires that development within the Green Belt does not harm visual amenity.
Unitary Development Plan - Area of Borough Landscape Value, Policy GS13, development should conserve the character of the area.
Representations
The Parish Council does not support the application, and question whether this is appropriate development within the Green Belt, and whether the amount of parking is above the maximum allowed under current policy.
A letter of support has been received from owner of the adjoining property, though he is concerned that the crushed limestone proposed, may damage his tarmac drive. He requests tarmac.
Assessment
Material considerations Principle of development Appearance
Principle of development – the proposal being outside the existing curtilage of the dwelling is inappropriate development within the Green Belt. To be allowed, inappropriate development must be justified by very special circumstances. At present visitors are forced to park on the road. The highway safety benefits of off road parking would outweigh the limited intrusion into the openness of the Green Belt that would result from this development.
Appearance – with the incorporation of stone walls to screen the parked cars, and the use of a grassed embankment to avoid a retaining wall, the development will not have sufficient impact on the appearance of the area to justify refusal.
72
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
3 Implementation of landscaping scheme In the interests of the visual amenities of the locality.
4 Prior to the commencement of the use of the parking area the 1m high dry stone wall shall be erected in the position shown in green on the drawings hereby approved. To safeguard the visual amenities of the area.
B/05/0066/DT WBH Developments Ltd Substitution of house types on plots 11 - 14. Sparkfields, Off Spark Lane, Mapplewell, Barnsley.
4 Letters of objection
Introduction
Detailed planning permission was approved for the erection of 23 dwellings and garages on this former allotment site under application number B/01/1589/DT.
Plots 1-10 and 16-23 are now constructed and the majority are occupied. However, due to land ownership difficulties along the southwest boundary, plots 11-15 cannot be constructed in accordance with the approved plans.
Site Description
This application relates to the site of plots 11-15 sited close to the rear garden boundaries of properties on Spark Lane.
The application
Seeks to amend the designs and positions of plots 11-15.
A detached bungalow with a height of 5.5 metres and rooms in the roofspace is proposed to replace the previously approved two storey detached dwelling on plot 11. The orientation of the dwelling is the same as previously approved. It is acutely angled so that no windows directly face the nearest property (110 Spark Lane).
73 A pair of semi-detached dwellings still occupies plots 12 and 13 but the position and design of the attached garages is now amended to reduce impact.
The approved pair of semi-detached dwellings occupying plots 14 and 15 has now been replaced with one single detached dwelling. This dwelling has been specifically designed to minimise the impact on the Spark Lane dwellings.
Policy Context
UDP – Urban Greenspace;
H8A indicates that the scale and layout of new dwellings must ensure that acceptable living conditions are provided and maintained.
SPG2 gives further advice on new residential development.
Representations
4 Letters of objection were received. The grounds are as follows:
• The dwellings would be totally intrusive on the properties on Spark Lane. • The proposed bungalow property is extremely close to the boundary with the properties on Spark Lane. • The properties will still result in a loss of privacy and overshadowing impact to the neighbouring dwellings on Spark Lane. • Although the property on plot 11 has been replaced with a bungalow, it is not a traditional design.
Assessment
Material Considerations Principle Visual Amenity
Principle – The principle of residential development of this site is firmly established by the previous approval under application no. B/01/1589/DT.
Visual Amenity – The design and appearance of the proposed development is considered to be acceptable. The site already has a mix of detached and semi- detached dwellings, constructed in brick and the amendments are consistent with the character of the existing modern housing development.
Residential Amenity – Plot 11 has now been reduced from a two-storey dwelling to a bungalow. Although the position of this bungalow remains as originally proposed, a 17-metre separation distance is achieved to No. 110.
It is appreciated that plot 11 will have an impact on the garden area of 110 Spark Lane, but given the substantial reduction in its height, it is not considered that this would be sufficient to warrant a refusal of planning permission.
74 It is accepted that plot 12 is still positioned close to the garden boundary with the adjacent properties. Nevertheless, the redesign of these plots has resulted in a single storey hipped roof garage adjacent to the boundary rather than the approved two-storey dwelling. Furthermore, an 18.5 separation distance is achieved to the dwelling on Spark Lane.
The detached dwelling proposed for plot 14 replaces the approved pair of semi- detached dwellings. In addition to the reduction to numbers, the windows are now concentrated in the front and south facing side elevation.
Whilst an ownership error nullifies the approved layout, the physical relationship on the ground remains the same. The current scheme makes a number of compromises replacing a dwelling with a bungalow, replacing a pair of semi detached dwellings with a single dwelling and other alterations to improve the relationship with Spark Lane properties. The proposal now accords with standards and there is no basis for refusing planning permission.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 The development to be carried out in accordance with the plans In the interests of the visual amenities of the locality.
3 Sample of external materials to be submitted for approval In the interests of the visual amenities of the locality.
4 Details of site enclosure required. In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property.
5 Foul effluent to foul sewer To ensure the proper drainage of the area.
6 Provide separate systems for drainage In the interests of satisfactory drainage.
7 No surface water to foul sewer To ensure the proper drainage of the area.
8 Prior to the substantial completion of each dwelling, the parking/manoeuvring area within its curtilage as shown on the approved plan shall be surfaced, sealed and drained and shall thereafter be permanently retained for residential use. In the interest of residential amenity.
9 The gradient of the driveway for each dwelling for at least 5.0 metres from the highway boundary shall not exceed 1 in 20. In the interest of highway safety.
75 B/05/0082/DT Mr. Bashir, Change of use from shop/ office to to a residence and amendments to approved shop extension. 39 and 41 Ballfield Lane, Kexborough, Barnsley.
6 Letters of objection were received from 3 neighbours.
History
Planning permission was granted under application number B/04/0288/DT, for a two storey extension to the side of the existing shop and a first floor extension over the existing building fronting Priestley Avenue to form a self contained flat.
Site Description
This is a substantial brick built convenience store on the corner of Ballfield Lane and Priestley Avenue. Works have begun on the approved two-storey side extension and this is nearing completion.
Ballfield Lane is characterized by two storey developments whereas Priestley Avenue is single storey.
No. 1a Priestley Avenue is a detached bungalow whose garden adjoins the site of the shop. The bungalow has a small conservatory facing the premises.
The application
The proposals are two fold. Firstly permission is sought for a change of use of the approved shop extension to a separate self-contained dwelling.
Secondly, consent has previously been given for a first floor extension over part of the existing single storey shop facing Priestley Avenue. This application seeks permission to increase the size of the extension. The new extension will occupy the area over the remaining part of the single storey building with access via an external brick staircase located in a position close to the boundary with 1a. A hipped roof is proposed to minimise the impact on 1a Priestley Avenue.
Policy Context
UDP - Housing Policy Area;
H8 indicates that areas defined on the proposals map as housing policy areas will remain predominantly in residential use.
H8B indicates that planning permission will be granted for small scale non residential uses in housing policy areas and for the expansion of existing uses if there is no unduly harmful impact on residential amenity, visual amenity or highway safety.
H8E indicates that proposals to extend dwellings should; be of a scale and design which harmonises with the existing building, not adversely affect the amenity of neighbouring properties, maintain the character of the street scene and not interfere with highway safety.
76 SPG4 gives further advice on extensions to dwellings and whilst not directly relevant as the premises are mainly commercial is useful for assessing impact.
SPG3 gives advice on new infill development and again, whilst not directly relevant, provides useful general guidance.
Consultations
The Transportation Section has no objection to the proposed development.
Representations
6 Letters of objection were received, including 4 on behalf of No.1a. The grounds are as follows:
• The proposed two storey wall would have an overbearing and overshadowing effect on the garden area of No. 1a Priestley Avenue. • The proposed stairway would result in a loss of privacy to No. 1a Priestley Avenue. • The proposed extension will mean that the building will be totally disproportionate to the surrounding buildings. • The five windows on the Priestley Avenue elevation of the extension will result in a loss of privacy to No. 2 Priestley Avenue (opposite).
Assessment
Material Considerations
Principle Visual Amenity Residential Amenity
Principle – The premises are an established retail unit within a Housing Policy Area. The change of use of part to residential is acceptable in principle. Non residential uses may be acceptable subject to an assessment of harm on residential amenity.
Visual Amenity – The design of the extension matches that of the approved (unbuilt) extension. The inclusion of hipped roofs has little impact on overall design.
Residential Amenity - The change of use of the part of the building approved as a commercial extension will have no additional impact for residents.
The extension of the first floor takes the building closer to the site boundary shared with No. 1a Priestley Avenue. This property is a bungalow with its main elevation facing the road and rear garden. Facing the extension is a door that gives access to a small conservatory and side garden.
The extension brings the building closer to 1a and may appear more oppressive when viewed from this garden and conservatory. So as to reduce the impact, the extension is designed with a hipped roof. Access to the first floor is via an external brick stairway adjacent to the boundary and there will, therefore, be some impact on privacy. However, I do not think this is sufficient to justify a refusal.
77 Although SPG4 ‘ House extensions’ advises on domestic extensions, the standards it sets are useful as a mean to assess the impact. In addition SPG3 ‘Infill residential development’ makes clear that side windows are not given the same degree of protection as a main/front elevation windows since they are normally sited close to the common boundaries in situations that derive light and aspect over adjacent land. To therefore apply the same standards would be onerous.
In this situation, No.1a’s side conservatory and door will suffer a slightly increased loss of light/aspect compared with the scheme approved but if this were a domestic situation to which SPG applied then the extension would meet policy and the level of impact not sufficient to warrant refusal of planning permission.
The position of the extension relative to No. 2 Priestley Avenue – the property opposite – exceeds the Council’s normal separation distances.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 External materials to match the existing In the interests of the visual amenities of the locality.
3 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
B/05/0088/BA Wellbrooks Ltd Change of use from residential to offices 5 Western Street, Barnsley.
Two letters of objection One letter in support Letter in support from applicant
Site Description
This is a detached brick built house, last used as a house in multiple occupation. It adjoins a more recent block of 3 storey houses with a small dwelling and doctor’s surgery to the rear. To the other side, (beyond an access road which gives access to the rear of the property with two parking spaces) is a further dwelling.
On the opposite side of Western Street is a small detached property used as an office, with further residential properties beyond.
There are ‘residents only’ parking restrictions in operation on Western Street and adjoining streets.
78 Proposals
This is a detailed application for a change of use to an office for use by the central area Local Partnership Team, part of the Central and Local Government Initiatives ‘Building safer Communities Together’ to relocate them from the Police Station. This will be a joint use between the Police and Council Officers.
The hours of use would be normal office hours with occasional 10.0pm use, Monday to Friday and one weekend in four. 22 members of staff are currently employed but this is likely to reduce as the team is restructured.
In support of the proposal the applicant indicates:
• the property is too large to be a private dwelling and has no garden. • potentially more nuisance and disruption is caused by operation as a H.I.M.O than would be caused by the proposed use/ use will lessen antisocial behaviour issues. • HIMO use has potential for eight occupants/eight cars/only alternative use to offices • parking spaces in area during day/adjacent terrace has off street parking • evening use by a small number of people • no restrictions on nearby offices uses/evening use of doctor’s surgery • prefer not to have hours use restrictions • prospective tenants would be sensitive to needs of residents • public car parks within easy reach/staff presently part in public car parks • no visitors/public will call at offices
No external alterations are proposed to the property, which is in the Huddersfield Road Conservation Area.
Policy
Unitary Development Plan – Victoria Road Housing Area and Conservation Area
Policy H8B – indicates permission will be granted for small scale non residential uses in these areas, subject to the impact on residential amenity and road safety.
Policy T2 indicates development will only be allowed if the additional traffic can be accommodated on existing highways and there will be no significant detriment to the safety of highway users.
Policy TC56 advises additional measures will be considered to control parking in this area.
Policies TC17 and BE1 – development will only be approved in a Conservation Area if it enhances or preserves the character of the area.
Consultations
Transportation – no objections, the site is close enough to the town centre for staff to park elsewhere or use public transport. There are therefore no highway objections to the proposals.
79 Environmental Services – no objection subject to conditions in respect of hours of use, restriction to use of rear access shared boundary to be clearly marked, and noise restrictions, ventilation and hours of use.
Representations
The following objections/comments have been received:
• residential area/affect social makeup • residents parking only therefore commercial use inapproropriate • parking problems in area worsening • site notice not prominent/press notice limited circulation • present use has devalued property prices • presence during day would be welcome
Assessment
Material considerations Principle of development Residential amenity Highway safety
Principle of development - this site is on the edge of the town centre and the property is unlikely to be practicable for residential purposes in the future. The proposals are considered a use that could be carried out in a residential area without significant impact on residential amenity and there are therefore no objections in principle.
Residential amenity - it is not considered that the dwellings adjacent to the property will be adversely affected by the proposals. Conditions can be imposed to control the hours of use to prevent noise nuisance.
Highway safety – this is a relatively lightly trafficked street with resident only waiting restrictions. Residents concern about misuse of this parking and the lack of policing is appreciated. The staff who travel by car already park elsewhere in the town centre and it is not considered that the use will result in additional on street parking. Limited evening and weekend use will mean the use does not cause a problem during the times when residents are more likely to be at home requiring on street parking.
The scale of the use proposed is not therefore considered to add to road safety issues to a sufficient extent as to warrant refusal of planning permission.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 No alterations shall be made to the external appearance of the building In the interests of the visual amenities of the locality.
80 3 Unless otherwise agreed in writing the use hereby permitted shall normally be carried on only between the hours of 8.0am to 6.00pm Mondays to Fridays, 9.0am to 1.0pm on Saturdays and at no time on Sundays or Bank Holidays. In the interests of the amenities of local residents.
4 The rear access to the property shall be used only by persons accessing the car park area and for emergencies only and should not be used as a staff entrance or exit and the shared boundary with the property to the rear shall be clearly marked on site. in the interests of the amenities of adjacent residents.
5 The premises shall be used for Class B1 office use only and for no other purpose In the interests of the amenities of local residents.
B/05/0117/DE Mohammed Tariq Erection of three dwellings Garage site to the rear of 51 - 65 Ingsfield Lane, Bolton On Dearne, Rotherham.
One letter of objection.
Site Description
This is a former garage site located between terraced houses on Ingsfield Lane and semi-detached houses on Caernarvon Crescent. A service road between 41 and 42 Caernarvon Crescent provides the access. The site has been sold off privately and tenants have been given notice to quit their garages. Three garages remain.
Site History
Part of the garage site has outline planning permission for residential development under B/03/0631/DE.
Proposals
This is a full application for the erection of a pair of semi-detached dwellings and a detached dwelling.
Policy
UDP Housing Policy Area
UDP Policy H8D - planning permission will only be granted for backland development where it 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.
SPG3 gives guidance on backland development
81 Representations
One letter of objection refers to the following:-
• Increased traffic as a consequence of the loss of garages • Loss of privacy and enjoyment • Noise and disturbance during construction • Intensification of a sub-standard access
Consultations
The Transportation section do not object Yorkshire Water do not object
Assessment
Material considerations Principle Residential Amenity Highway Safety
Principle - The site is in a Housing Policy Area within which UDP policy H8D permits infill, backland and tandem development subject to residential amenity and highway safety criteria. Part of the site also benefits from an outline approval. The principle of development is therefore established.
Residential Amenity – The separation distances accord with Council guidelines.
Highway Safety – Whilst the service road is substandard thereby limiting the potential for development, a maximum of three dwellings can be satisfactorily served.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 The development to be carried out in accordance with the plans In the interests of the visual amenities of the locality.
3 Sample of external materials to be submitted for approval In the interests of the visual amenities of the locality.
4 Details of boundary treatment required. In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property.
5 Submission of landscaping details In the interests of the visual amenities of the locality.
6 Implementation of landscaping scheme In the interests of the visual amenities of the locality.
82
7 All areas of the site to be used by vehicles shall be hard surfaced, sealed and drained to your satisfaction prior to the substantial completion of the proposals In the interests of highway safety
8 There shall be no obstruction to vision above 900mm in height relative to the carriageway channel level placed, grown or erected within 2 metres of the edge of the carriageway for the full site frontage In the interests of highway safety
9 The width of the service road carriageway shall be maintained at 5.0 metres as shown on the approved plan for the full site frontage In the interests of highway safety
10 During the period of construction sufficient space shall be set aside within the confines of the site for the parking of construction operatives' vehicles, the storage of building and construction materials and plant In the interests of highway safety
11 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries shall only take place between the hours of 0800 and 1800 Monday to Friday and 0900 and 1400 on Saturdays and at no time on Sundays or Bank Holidays. In the interests of the amenities of local residents.
B/05/0130/BA Intake Developments Ltd Variation of Cond of planning permission B/88/1078/BA - opening hours of petrol filling station and associated shop from 0730 - 2200 to 0600 - 2300. Jet Intake 3 Service Station, Park Road, Barnsley.
2 letters of objection
Background
Planning permission was granted for redevelopment as a petrol filling station, car wash and sales kiosk in November, 1995 (ref. B/95/0667/BA). This permission was subject to the petrol filling station and shop not operating between 22.00 hours and 7.30 the following day, and the car wash between 21.00 hours and 07.30 hours. The original use of the site was granted on appeal in 1988, subject to the same hours. This was to protect residential amenity. Permission was refused on 4th February, 2003, ref. B/02/1886/BA on similar grounds for 24 hour opening of the filling station.
Site Description
The petrol filling station includes a small flat roofed shop on the western boundary, a car wash and an ATM. To the west is a hot food takeaway, although the surrounding area is residential in use.
83 Proposal
The application is to extend the operating hours of the petrol filling station and associated shop hours to 06.00 till 23.00.
Policy
Unitary Development Plan - Housing Policy Area.
H8B - expansion of non-residential uses in Housing Policy Area will normally be granted subject to there being no harmful impact on the amenity of neighbouring properties.
Policy BE6A - design to avoid crime - encourage high level of security and safety to all public areas.
Consultations
Environmental Health - advises temporary period to assess any impact upon residential amenity.
Representations
The following objections have been received:-
• noise • pollution • litter/rubbish • danger to school children • lead to further request for extension of hours
Assessment
Material Considerations Amenity
Amenity - the impact of the increased hours of use on residents is appreciated. This is however a heavily trafficked road and it is considered the additional activity associated with the additional hours are not such as to cause excessive noise and other nuisance to residents. The additional level of disamenity is not regarded as sufficient to withhold consent at this stage and it is recommended an initial period of 12 months be agreed in order that an assessment of the impact can be monitored.
Grant subject to:-
1 The extension of opening hours hereby permitted shall be for an initial period until 31st March 2006 only. To allow the impact of the extended hours on residential amenity to be fully assessed.
84
B/05/0134/DT Mapplewell & Staincross Village Hall, Infill of courtyard to create new hall and store. Village Hall, Darton Lane, Mapplewell, Barnsley.
1 Letter of objection
Site Description
This is a large brick built village hall and community centre, which has been largely extended in recent years. It is set within large grounds.
To the north is No. 420 Darton Lane. This property is at a higher level and faces over the front car park.
The application
The application seeks permission for a single storey extension to the elevation facing 420 Darton Lane to provide an additional small hall and store.
Policy Context
Unitary Development Plan – Housing Policy Area;
Policy H8 indicates that such areas will remain prominently in residential use.
Policy H8B indicates that extensions to non residential uses will normally be granted subject to no adverse effect on the visual appearance of the area or amenity of adjacent residents.
CF1 indicates that community uses should be compatible with adjoining uses, have adequate car parking and be accessible for pedestrians and users of public transport.
Consultations
The Transportation Section has no objection to the proposed development.
Representations
One Letter of objection was received. The grounds are as follows:-
• The extension will increase the volumes of traffic entering and leaving the site, which will lead to a situation hazardous to highway safety. • Noise from the increased traffic will cause disturbance to the occupiers of No. 420 Darton Lane.
85 Assessment
Material Considerations Principle Design and Appearance Residential Amenity
Principle – This is a community use within a residential area and is considered to be acceptable subject to compliance with relevant policies. Furthermore, the overall character of the area is one of a mixed uses in which a village hall/community centre is compatible.
Design and Appearance – The proposed alterations are of a scale and design, which matches the existing building. It is considered that the extension which involves some demolition will make a positive contribution to the building and will not materially harm the street scene.
Residential Amenity – The area has a mixed commercial and residential character. It is considered that given the character of the area, the size and scale of the proposed extension is acceptable. The residential property (No. 420 Darton Lane) will be protected by a condition requiring that all windows in the elevation facing No. 420 be obscurely glazed.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 External materials to match the existing In the interests of the visual amenities of the locality.
3 The development to be carried out in accordance with the plans In the interests of the visual amenities of the locality.
4 Windows to be obscure glazed To safeguard the privacy and amenities of the occupiers of adjoining residential property.
86 SECTION A – APPROVALS – NO REPORTS
B/04/2488/PR Cawthorn Children's Centre Siting of wood cabin for use as staff room/training room. Cawthorne Children's Centre, Taylor Hill, Cawthorne, Barnsley.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
3 The roof shall be constructed using dark brown Onduline sheeting. To safeguard the visual amenities of the area.
4 Prior to the commencement of development the colour of the timber staining shall be submitted to and approved in writing by the Local Planning Authority, and the development carried out in accordance with the approved detail. To safeguard the visual amenities of the area.
B/05/0032/DO P A Hilling-Smith, Head Teacher Change of use of bungalow to out of school club. The Bungalow, St John The Baptist Primary School, Dodworth Road, Dodworth, Barnsley.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
87
B/05/0147/DT Lyndon Brown Erection of animal isolation block. Foxholes Animal Hotel, Riverside Spring Farm, Haigh, Barnsley.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 External materials to match the existing In the interests of the visual amenities of the locality.
3 The development to be carried out in accordance with the plans In the interests of the visual amenities of the locality.
B/05/0178/PR Cannon Hall Farm Ltd. Conversion of redundant ground floor stairwell into hot food servery Cannon Hall Farm, Cawthorne, Barnsley.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 Prior to the commencement of use of the use of the servery a litter bin shall be provided adjacent to the hot food take away window, and thereafter permanently retained. To safeguard the visual amenities of the area.
3 The development to be carried out in accordance with the amended plans For the avoidance of doubt as amendments have been submitted during the course of processing the application.
88 SECTION B – REFUSALS – WITH REPORTS
B/04/1620/BA Peel South East Limited, Variation of Condition 1 of Planning Consent B/03/2180/BA to use Unit 3b for the sale of footwear. The Peel Centre Retail Park, Harborough Hill Road, Barnsley.
Site Description
The property lies within the established Peel Centre Retail Park, currently being extended and refurbished. The Unit comprises a floor area of 465sqm within a block of three smaller units within the retail park. Servicing and deliveries are taken from the rear of the units with customer parking to the front of the units.
Proposal
The application seeks a variation to condition one of planning permission B/03/2180/BA to use Unit 3b for the sale of footwear.
Site History
In 2000 outline planning permission [B/00/1443/BA] was granted for the refurbishment, redevelopment and extension to the Peel Centre; a condition was imposed at that time restricting the types of goods sold from the retail park to ‘bulky goods’. In 2002 the reserved matters application was submitted [B/02/1350/BA], this included the subdivision of the former Curry’s Unit into three smaller units, five new units and new access arrangements onto Harborough Hill Road.
Peel Developments applied for planning permission in December 2003 [B/03/2180/BA] for a variation of condition five of the original outline application to sell an extended range of goods from this site; a condition of this planning permission excluded the sale of a whole range of goods from the site including footwear.
Policy Context
The site is within an area designated as a shopping / commercial area on the adopted Unitary Development Plan.
UDP Policy BA26 identifies the Peel Centre as a site suitable for the large scale retailing of comparison goods.
UDP Policy S3 restricts retail development to within defined shopping areas or only within sites allocated for that purpose within the plan.
UDP Policy S5 explains that conditions will be applied to control the range and types of goods to be sold from the units on this site.
Representations
No representations have been received.
89
In support of the application the agent states:
The Retail Impact Assessment puts forwards a detailed justification for the proposal. The Peel Centre refurbishment and redevelopment is to provide a modern retail warehouse facility capable of competing with facilities in Rotherham, Sheffield and Wakefield that are currently pulling trade away from the Barnsley area. The proposed tenant is keen to secure representation in Barnsley to sell a mid market range of footwear, the majority of the competition in the town centre are discount/value retailers with a different price entry point. The proposal will not impact on Barnsley Town Centre to a level that would cause harm to its vitality and viability and as this is the key test the proposal accords with planning policy.
Consultations
The Transportation Section does not raise any objections to the development.
Assessment
Material Considerations Principle Highway Safety
Principle
The Peel Centre is designated for the large-scale retailing of comparison goods; a restriction has been imposed on the development of the site restricting the type of goods to be sold from the units in the Centre. The reason for the restriction is to ensure that such developments do not undermine the attractiveness of the Town Centre, district and local centres as retail centres. The proposal for the retail sales of shoes from the Unit is considered to be contrary to the Policies, together with the related justifications to those Policies, contained within the UDP. Such stock can be sold, it is considered, quite adequately from town centre locations and it is considered that there are currently town centre units available that are suitable for footwear retailing.
In the context of Remaking Barnsley the Council has taken a clear stance on supporting and promoting a thriving modern market town as opposed to dispersed car focused retail developments. The Peel Centre has a specific role to play and needs to have a range of Units distinct from but complimentary to the town centre itself.
The proposal is considered to be contrary to Policies S3, S5 and BA26 of the adopted Unitary Development Plan and the principle of the development considered to be unacceptable.
Highway Safety
The traffic generated by the use of the unit for the retail sale of footwear would not be prejudicial to the operation of the new traffic signal controlled junction with Harborough Hill Road.
90 Refuse
1 In the opinion of the Local Planning Authority, the proposal would be contrary to UDP Policy S3, S5 & BA26, which aims to restrict new shopping development to defined shopping and commercial areas and restrict the range of goods to be sold from out of centre locations. The proposal would undermine established centres, including Barnsley Town Centre, by diverting investment and trade in core town centre goods away from them.
B/04/1736/PR M A Eastwood Ltd. Erection of detached dwelling and garage Plot 7, Former Oxspring Garage/Quarry Site, Sheffield Road, Oxspring, Sheffield.
Objection from Parish Council
Site Description
The site is located on the edge of the village and while covered in vegetation it formed part of the land owned in conjunction with Oxspring Garage. This has now been demolished and the site developed for housing. Immediately behind the site is a steep tree covered slope descending to the River Don.
History
An outline application for the erection of three dwellings on the site of a former garage (B/99/0511/PR) was refused because of the potential loss of trees, and overshadowing of the new dwellings by the trees. An application for eight dwellings (B/99/1428/PR) was also refused for the same reasons. Outline consent, which included siting, access and parking, was given for the erection of 6 dwellings (B/03/0540/PR), and the reserved matters approved this year (B/04/0384/PR). These have now been built.
Proposals
Consent is sought for a four bedroomed dwelling and detached double garage, constructed in materials to match those of the adjoining new development. There will be an extensive area of garden to the western side of the dwelling. Access will be taken from the approved drive serving plots 1 – 4 of the adjoining development.
The application is accompanied by a tree survey. 5 trees to the rear, covered by a TPO, will be removed, and 20 replacement trees planted within the site and on adjacent land which is currently being transferred from the Council to the Parish Council by means of a license. In addition a hedge will be planted on the front and side boundaries.
Policy Context
Unitary Development Plan, Housing Policy Area, Policy H8 - will remain predominantly in residential use
91 Deposit Draft UDP , Housing Policy Area, Policy H8A - The layout and design of dwellings must ensure that living conditions and overall standards of residential amenity are provided or maintained to an acceptable level, both for new and existing residents.
Unitary Development Plan - Policy WR3 in accordance with policy H8 areas shown as housing policy areas will remain predominantly in residential use.
Unitary Development Plan - Policy WR7 - housing development must be appropriate to the existing form and character of the village, not utilise open spaces that are important to the village scene, and be within or adjoining the existing built-up area.
Unitary Development Plan - Green Belt, Policy GS9 requires development conspicuous from the Green Belt to be designed to conserve the environment.
Unitary Development Plan - Policy GS22, seek to retain hedgerows, woodlands and trees
Unitary Development Plan Policy T17 - provide car parking to:
B) avoid harm to the free flow of traffic, safety levels and the amenity of residents and other road users.
Consultations
Transportation Section have no objections.
The Environment Agency has no objections.
Representations
The Parish Council does not support this application. Its concern over consequential road safety and parking still apply. It does not wish to see TPO trees removed which may destabilise the bank and fears the dwelling is sited too close to the top of the steep banking. The Parish is concerned that the overall site still has room for a further dwelling with an alternative access, which it cannot support. Previous assurances that no further development would take place by the contractor have been flouted by this application. Previous applications for development on this and the remaining part of the site were refused and the reasons for that decision still prevail.
In support of the proposal the applicants state that that traffic was heavier when the garage was in operation, and the construction traffic has not caused a problem. As the land was once a quarry, it constitutes previously developed land in accordance with PPG3. The dwelling would be constructed using piles. A management programme is proposed for the trees. Five trees to the rear will be felled, and replaced by 20, planted on Council land to the front.
Assessment
Principle of development Impact on trees
92 Visual amenity Residential amenity Highway Safety
Principle of development - the site lies within a housing policy area wherein new housing can be acceptable. However, for the villages within the Western Community Area additional policies apply. Policy WR7 requires that new housing is not only within or adjoining the built up area, but is also appropriate to the form and character of the village. This approach has been taken in a number of similar cases of development adjoining the edge of villages. In this case the site lies on the edge of the village, with open land to the north and woodland to the east. The land is open, and until recent housing development on the garage site adjacent, was covered in vegetation. The proposal, therefore, is contrary to WR7 and to policy GS9 by reason of its prominence relative to its edge of Green Belt setting.
Impact on trees - because of the need to keep a minimum distance of 6 metres from the public sewer which runs through the site, the dwelling is pushed back towards the rear boundary close to trees, leading to the loss of some trees. While the applicant proposes to replace these elsewhere, given the objection of the Parish Council to the proposal, any replacement on the land to be maintained on licence by the Parish Council is unlikely to occur.
The house has been designed so that there are no windows facing the trees. This avoids overshadowing of windows, that would otherwise have been detrimental to the amenities of the occupants of the new dwelling.
Visual amenity – the design of the house and material proposed reflect the recently built dwellings adjacent. The character of the land to the east of the main road is principally open, with a play area to the south of the former garage site, and countryside to the east and north of the application site. While it was considered acceptable to redevelop the garage site itself, further development into open land adjacent is not appropriate to the character of this part of the village. The loss of trees from the embankment would harm visual amenities and make the development very exposed to the Green Belt beyond. If replacement trees could have been planted, mainly on the Council owned land to the front, then this would help to redress the loss of trees although not overall policy concerns.
Residential amenity - the side garden of the dwelling would be overshadowed by the trees, but given the size of the garden this would not justify refusal.
Highway Safety – the site is opposite a school. Parking problems arise on the road when children are being delivered and collected. However, the addition of the traffic associated with one new dwelling is not considered sufficient to justify refusal on highway safety grounds.
Refuse
1 In the opinion of the Local Planning Authority the erection of a dwelling on this land, which lies beyond the built edge of the village, would be materially detrimental to the visual amenities of the area by reason of its location, contrary to Unitary Development Plan policies WR7, and GS9.
93 2 In the opinion of the Local Planning Authority the development proposed would lead to the loss of trees the subject of a Tree Preservation Order, to the material detriment of the of the visual amenities of the area, contrary to Unitary Development Plan policy GS22 and SPG9.
B/04/2517/BA Mr. A. Hanson, Erection of one dwelling (Outline) Land fronting Top House, 6 Top Row, Ardsley, Barnsley.
2 letters of objection received
Site Description
This is an area of land covering approximately 300 square metres, which forms part of the garden area of a large detached house facing Doncaster Road. To the east and west of the site are two storey dwellings, 3 and 4 Top Row, which directly abut the site, and 1 and 3 Top Fold, which are 22 metres away from the site boundary. Enclosing the site is a 1.5 metre high stone wall and various styles of fencing.
Proposal
This is an outline application for the erection of a detached dwelling. All matters except for the means of access and the siting of the dwelling are reserved for future consideration.
Access to the site would be gained via an existing vehicular access, which currently serves 3 other residential properties.
Policy
Unitary Development plan – Housing Policy Area
UDP – Housing Policy Area
Policy H3 indicates that these areas will remain predominantly in residential use.
Policy H8D indicates that planning permission for infill development involving single or a small number of dwellings will normally be granted where the development would not result in harm to the local environment or amenities of adjacent residents, create traffic problems or prejudice the possible future development of a larger area of land
SPG 3 gives more guidance on infill residential developments
Consultations
Transportation – no objections to the proposals, subject to the provision of a turning head for cars and the retention of the parking space for 4 Top Row.
94
Representations
2 letters of objection have been received from neighbouring residents. Their concerns are as follows:
• Loss of natural daylight into private garden area • The dwelling would significantly overlook existing properties • Loss of trees covered by a tree preservation order • Any building work would disturb a breeding pair of Goshawks, which are a protected species.
Assessment
Material Considerations Principle of Development Residential Amenity Highway Safety
Principle of Development –the site lies within a larger Housing Policy Area on the Unitary Development Plan, where new residential development is normally acceptable, subject to amenity and highway safety consideration.
Residential Amenity – The site is constrained by its limited size and the positioning of the adjacent properties. It is considered that this plot cannot satisfactorily accommodate a detached property in accordance with the council’s approved development control guidelines with respect to separation distances. A property on this site would be likely to adversely affect the amenities of the adjoining residents, contrary to Policy H8D.
Highway Safety – there are no highway objections to the proposal, it is considered that the existing access is adequate to serve an additional dwelling without any adverse impact on highway safety.
Refuse
1 In the opinion of the Local Planning Authority, the proposed development would be contrary to UDP Policy H8D, in that it would be an undesirable form of development, materially detrimental to the amenities of the adjoining properties by reason of loss of outlook, privacy and disturbance from increased residential activity. In addition the close relationship to adjacent dwellings would mean that the proposed dwelling itself suffer from substandard privacy and aspect.
95
B/04/2531/WW Mr M Holding and Mrs G Wright Demolition of No.s 38 and 40 Hemingfield Road and outline application for the erection of 7 dwellings. 38 - 40 Hemingfield Road, Wombwell, Barnsley.
Five letters of objection.
Site Description
The site measures 0.35 hectares and comprises 2 bungalows and their large gardens (38 and 40 Hemingfield Road). The properties form part of a linear housing development that backs onto Wombwell Woods. The Welcome Windows factory is opposite.
The gardens slope up towards the woods and contain a number of trees that are protected by Tree Preservation Orders.
Proposals
This is an outline application for the demolition of both bungalows and re- development with seven detached houses. A new access onto Hemingfield Road is shown. All matters except siting and means of access are reserved.
Policy
The site is within a UDP Housing Policy Area
UDP Policy H8A – new dwellings must ensure acceptable mutual privacy, landscaping and access arrangements
UDP Policy H8D - planning permission will only be granted for infill/backland development where it 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 BE6 – development will be assessed in terms of: a) quality of layout b) the use, quality, design and landscape treatment within the site c) design and materials d) the suitability of the development within its context and in relation to adjacent uses
UDP Policy GS22A – the Council will seek to retain trees and hedges
SPG2 gives guidance on residential development
SPG3 gives guidance on infill/backland residential development
SPG9 gives guidance on trees and hedges
PPG3 Housing
96 Representations
Five letters state the following objections:
• Loss of privacy and enjoyment of homes and gardens • The new development would be elevated above existing homes and will harm residential amenity • Increased noise and disturbance from traffic • Noise and disturbance during construction • Detriment to the environment and street scene • The creation of a new access (with increased vehicular activity and parking) onto a busy road opposite a factory • The development will set a precedent for the further development of the large wooded garden in this area. • Impact on Wombwell Woods and wildlife • Loss of attractive properties • Availability of alternative, more suitable sites
Consultations
The Transportation section does not object The Environment Agency does not object
Assessment
Material considerations Principle Impact on the environment Loss of trees Residential Amenity Highway Safety
Principle – The site falls within a Housing Policy Area wherein residential development is acceptable subject to compliance with policies H8A, H8D and BE6.
For the reasons outlined below the proposals fail to comply with Council policy.
Impact on the environment – The street scene is characterised by a linear form of frontage development with long gardens and trees. The houses were built during the 1930's and adopt the same style, materials and building line. Trees extend from Wombwell Woods at the rear into gardens creating an attractive sylvan setting valued by residents.
The proposals to demolish two bungalows that contribute to this character and develop the gardens with houses is unsympathetic. It involves making a hole through the frontage and introducing modern development baring no resemblance to its context. The incongruity would be greatly compounded by rising land levels. In addition the tree loss (as described below) will cause further harm. The development fails to relate to its context and causes harm to the local environment contrary to policies H8A, H8D and BE6.
97 Whilst PPG3 encourages higher density residential development within existing urban areas, it also states that new housing development should not be viewed in isolation and should be informed by the wider context, having regard not just to neighbouring buildings, but the townscape and landscape of the wider locality. In this context the proposal is considered unsympathetic and out of character with the local area.
Loss of trees – The proposals show dwellings very close to Wombwell Woods. The scheme also disregards any on-site trees which have recently been made subject of a TPO. The layout will result in the loss of all trees on site together with adjacent trees within the woods. The scheme, therefore, does not accord with policy GS22A.
Residential Amenity – An elevated development such as this would be thoroughly imposing and cause loss of privacy and enjoyment for neighbouring residents by reason of overlooking and disturbance from vehicles and domestic activity. The proposals are, therefore, contrary to policies H8A and H8D.
Highway Safety – The proposed access meets Hemingfield Road on a slight bend opposite the entrance to Wombwell Windows. On-street parking regularly occurs along this stretch of road. Whilst objectors have expressed concern at the access arrangements, the Transportation Section considers them to be acceptable - Hemingfield Road is a wide road with speed limit of 30 mph. Although on-street parking occurs it is within lay-bys and does not interrupt traffic flow. Visibility also meets Council standards.
Refuse
1 In the opinion of the Local Planning Authority, the proposed development would be contrary to advice in Planning Policy Guidance Note 3, Housing and to UDP Policies H8A, H8D and BE6 in that it fails to relate to its context and causes harm to the local environment.
2 In the opinion of the Local Planning Authority, the need to fell trees subject to a Tree Preservation Order and the close proximity of dwellings to other trees would be likely to result in damage to and the ultimately felling of other trees is contrary to the provision of UDP Policies GS22 & GS22A and the Council's Supplementary Planning Guidance Note 9. The loss of trees, which makes a positive contribution to the local streetscene would materially harm the visual character of the area.
3 In the opinion of the Local Planning Authority, the proposed development would be contrary to UDP Policies H8A and H8D, in that it would be an undesirable form of backland development, materially detrimental to the amenities of the adjoining properties by reason of loss of outlook, privacy and disturbance from increased residential activity.
98
B/05/0076/HN Mr P Chivers Residential Development of 1 dwelling with attached garage and stores. Land adjacent to 96 Royston Hill, Hoyland, Barnsley.
One letter of objection
Site description
The site was originally the rear garden of a detached brick and render house (Kirkwood) facing Balk Lane with a frontage to Royston Hill to the side. The site has an area of approx. 0.05 hectares. There are residential properties on all sides, with a brick built sub station on the east boundary. The house to the south is at a higher level with a 2 metre fence and brick garage on the side boundary. The northern boundary is a mix of hedge and timber fencing.
Outline planning permission was granted for one dwelling on the site in 1995. (Reference B/95/0872/HN), Detailed plans were not submitted and this permission subsequently lapsed.
Proposals
This is a detailed application for one detached two and a half storey property built of brick with a tiled roof and attached double garage and stores. The side elevation at its nearest point is seven metres from the rear elevation of Kirk Wood, which contains windows to habitable rooms.
Policy
Unitary Development Plan – Housing Policy Area
Policy H8D – indicates planning permission for residential development in existing residential areas will normally be granted where there would be no harm to amenity or create traffic problems.
Policy H8A – the scale and layout of new dwellings must ensure that an acceptable level of living conditions are provided and maintained for new and existing residents.
Policy T2 – advises that development will only be allowed if the additional traffic generated can be accommodated without detriment to road safety.
SPG2 –gives advice on residential development and layout.
SPG3 – provides advice on infill development and layout.
Consultations
Transportation – no objections subject to details
99 Representations
The following objections have been received:-
• proximity to dwelling/overbearing/loss of light and sunlight • out of character with area • difference in levels and need for retaining wall • loss of privacy to house and garden/general disturbance • overlooking from openings in side • loss of quality of enjoyment of home/subsequent detioration in health • contravenes covenant • would not object to handing of property to overcome majority of issues
Assessment
Principle of development Design and appearance Residential amenity
Principle of development - this development is acceptable in principle, outline planning permission having been granted for one infill dwelling on part of the plot, subject to standards of design and impact on amenity.
Design and appearance - the proposed dwelling is of a design and scale in keeping with the existing houses in the area, which is a mix of detached and semi detached properties of varying materials and appearance.
Residential amenity - the relationship of the dwelling to the adjacent property, both because of the elevated position and proximity of windows to habitable rooms is unacceptable and if allowed would have a detrimental effect on the adjacent property both from loss of privacy and the overbearing impact of the building.
The applicant has been advised to amend the proposals to overcome these issues. No amended plans have been submitted. It is therefore recommended that permission be refused.
Refuse
1 In the opinion of the Local Planning Authority the proposed dwelling if allowed, by reason of its siting and overbearing impact, would be materially detrimental to the amenities of the adjacent house, Kirkwood. Furthermore, the proposals do not comply with the Council's Development Control Policy in respect of privacy distances to windows in this adjacent property. The proposals are therefore contrary to Policy H8A and H8D of the Unitary Development Plan and to Supplementary Planning Guidance Notes 2 and 3.
100
B/05/0079/PR Mr. P. Burgin, Use of land to form extension to domestic curtilage (retrospective). Land rear of 1 Crane Moor Road, Crane Moor, Sheffield.
2 letters of objection
Site Description
The property lies within a small group of properties at Lionel Hill. The area is essentially rural with fields close to the rear. The garden of No. 1 has been extended into the fields and is in the process of being hard landscaped.
Proposals
The original garden curtilage to the rear of the dwelling was a small triangular area 2 m deep at its widest, reducing to nothing, the field wall abutting the corner of the dwelling. The field sloped steeply down to the field wall. The wall has been rebuilt to provide a 4.9 m deep garden, land levels raised, and a patio constructed. In addition a land drain has been laid parallel with the dwelling. Retrospective consent is sought for this following the investigation of a complaint.
Policy Context
The site is shown as Green Belt and Area of Borough Landscape Value in the Unitary Development Plan.
Unitary Development Plan - Green Belt, Policy GS7, development will not be permitted unless it maintains the openness of the Green Belt.
Unitary Development Plan - Green Belt, Policy GS9 requires that development within the Green Belt does not harm visual amenity.
Unitary Development Plan - Area of Borough Landscape Value, Policy GS13, development should conserve the character of the area.
Representations
2 letters of objection have been received. The grounds are as follows:-
• visual impact • impact on wild life • it would set a precedent • he has plans to build on the land
In support of the proposal it is stated that water running down the hillside was causing damp problems. The applicant initially bought the strip of land to put in a perforated drain to prevent this, and this has been successful. He has a 24 year old daughter with special needs. The front garden is not secure, and so she is at risk from strangers walking past. The patio area can be monitored from ground floor rooms. He was not aware that the works required planning permission.
101 Assessment
Material considerations Principle of development Appearance
Principle of development – the extension of gardens into the Green Belt is inappropriate development, contrary to national policy.
Appearance – the extension of the garden into the Green Belt, including the patio, is visually intrusive, and reduces the openness of the area.
Also recommend
That the Borough Secretary be authorised to issue an enforcement notice under section 172 of the Town and Country Planning Act 1990 to secure the cessation of the unauthorised use and the restoration of the land to its previous condition.
Refuse
1 The site lies within the Green Belt on the approved Barnsley Unitary Development Plan, wherein it is the Policy of the Local Planning Authority not to permit new development except in very special circumstances, for purposes other than those set out in paragraphs 3.4, 3.5, and 3.6 of Planning Policy Guidance Note 2. UDP Policies GS7 and GS8 reflect national policy guidance and precludes development for purposes other than agriculture, forestry and essential facilities for sport and recreation, which preserve the openness of the Green Belt. In the opinion of the LPA the proposed extension to the domestic curtilage constitutes inappropriate development contrary to policy and prejudicial to the character and openness of the Green Belt. Furthermore, there are considered to be no very special circumstances to justify the granting of planning permission in this instance.
2 In the opinion of the Local Planning Authority the development is materially detrimental to the visual amenities of the area, which is allocated as Green Belt and Area of Borough Landscape Value, and would therefore be contrary to policies GS9 and GS13 of the Unitary Development Plan.
B/05/0157/BA Mr. and Mrs. S. Smith, Erection of detached dormer bungalow with integral Garage Land off Eskdale Road and r/o Ivy Cottage, Top Fold, Ardsley, Barnsley.
3 objections received.
Site Description
The site is the side garden of a detached stone built property, which has a frontage on the side boundary to Eskdale Road. To the south is the rear of a detached bungalow fronting Doncaster Road, no. 722 and to the north a stone built Listed Building, now two houses. The access and parking to those properties is taken from Eskdale Road.
102 The application site covers an area of approx. 280 square metres. A low wall abuts Eskdale Road with evergreen hedges together with fences and hedges on the other boundaries. The site is generally flat.
This is generally a residential area with a mix of older stone detached houses and newer brick houses and bungalows.
Proposal
The application seeks detailed planning permission for a detached stone fronted two bedroomed dormer bungalow fronting Eskdale Road.
A new access is shown from Eskdale Road across a triangular area of land which is not part of the adopted highway and belongs to 7 and 9 Eskdale Road . Notice has not been served on these owners.
Policy
Unitary Development Plan – Housing Policy Area.
Policy H8D -indicates that planning permission for infill development involving single or a small number of dwellings will normally be granted where the development would not result in harm to the local environment or amenities of adjacent residents, create traffic problems or prejudice the possible future development of a larger area of land.
Policy BE - relates to Listed Buildings
SPG 3 – infill development – indicates further guidance including standards of design.
Consultations
Transportation Section – no objection in principle, but the site does not abut an existing highway and requires amendment to be acceptable in highway terms.
Representations
The following objections have been received:
• property does not have access to Eskdale Road • would involve access over neighbours driveway/vehicles reversing close to road junction • insufficient parking for family dwelling • too close to boundary with existing properties/ does not comply with standards • overlooking/loss of privacy • lack of levels on drawing/overdevelopment • adverse effect on mature trees on boundary
103 Assessment
Material Considerations
Principle Residential Amenity Highway Safety
Principle – the property lies within a Housing Policy Area where new residential development is considered acceptable in principle, subject to design and appearance, the amenities of existing residents being retained and highway safety issues.
Residential Amenity – the proposals do not comply with the Council’s Development Control standards in respect of distance to habitable room windows in existing properties or distances to the site boundaries. The proposal is therefore contrary to policy and would result in an unacceptable over development of the site.
Highway Safety – the access shown does not have frontage to a highway and crosses land that is not within the applicant’s control. The applicant is therefore unable to provide access to the proposed parking area and garage, resulting in on street parking, contrary to highway safety.
Refuse
1 In the opinion of the Local Planning Authority, the proposal would result in the over-development of the site, in that there is insufficient space to provide adequate private amenity space, contrary to UDP Policy H8A and the Council's Supplementary Planning Guidance Note 3, Infill residential Development. Furthermore the proposal does not comply with the Council's Development Control standards in respect of distances from habitable rooms to the site boundaries and other properties.
2 The applicant does not control the land between the eastern site boundary and Eskdale Road and a satisfactory access and off street parking could therefore not be provided, contrary to Policy T2 of the Unitary Development Plan and to Supplementary Planning Guidance Note no 3, Infill Residential Development.
B/05/0185/PU James Wimpenny Homes Ltd. Erection of detached dwelling with integral double garage, extension to domestic curtilage and erection of detached double garage Meadow Croft, Folly Lane, Thurlstone, Penistone, Sheffield.
Objection from Town Council 9 letters of objection
Site Description
The site lies on the very edge of Thurlstone village, projecting into the contryside. The property includes a dwelling formed from the conversion of a stone barn, together with a large garage/outbuilding formed from a smaller original building.
104 The application site also includes a small area of an adjacent field. The dwelling is accessed from Folly Lane, adjacent to a sharp bend in this narrow lane.
Proposals
It is proposed to demolish an existing outbuilding, and provide a replacement double garage for the existing dwelling. A new 4 bed dwelling with integral garage will be erected in the position of the outbuilding, and the domestic curtilage will be extended into an adjacent field. The existing access would be closed off , and a new one constructed to serve both properties.
Policy Context
The majority of the site lies within a Housing Policy Area, wherein new housing is acceptable providing it meets other policy requirements.
Approximately a quarter of the site of the new dwelling lies within the Green Belt and Area of Borough Landscape Value.
Unitary Development Plan - Green Belt, Policy GS7, development will not be permitted unless it maintains the openness of the Green Belt.
Unitary Development Plan - Green Belt, Policy GS8, new buildings normally inappropriate.
Unitary Development Plan - Green Belt, Policy GS9 requires that development within the Green Belt does not harm visual amenity, and development conspicuous from the Green Belt to be designed to conserve visual amenity.
Unitary Development Plan - Area of Borough Landscape Value, Policy GS13, development should conserve the character of the area.
Unitary Development Plan Policy T2 - development only allowed if the traffic generated can be accommodated on the existing highway network
Unitary Development Plan Policy T2A - private drives to be designed to appropriate standards
Consultations
Transportation Section have no objections.
Representations
The Town Council objects on the grounds that the development is encroaching onto Green Belt land.
9 letters of objection has been received. The grounds are as follows:-
• Highway safety, with additional traffic on a narrow country lane used by walkers and horses, and access on a dangerous bend • Existing sewerage disposal problems will be exacerbated
105
• Incursion into the Green Belt • The visual impact of the new dwelling • Loss of privacy • Impact on wild life, including bats in the existing outbuilding and great crested newts
Assessment
Material considerations Principle of development Appearance Highway safety Residential amenity Impact on wildlife
Principle of development – part of the site lies within the Green Belt, and there are no exceptional circumstances that would justify development contrary to National policy. The fact that the existing boundary would be straightened out is not a justification.
Appearance – While the site lies outside the nearby Conservation Area, it is nevertheless in a visually sensitive area, lying adjacent to the Green Belt and an Area of Borough Landscape Value. The converted barn has been sympathetically converted, and its barn like character is augmented by the retention of the smaller building. The removal of the latter, the replacement garage sited directly in front of the existing dwelling, both detract from the character of the existing property. The two storey dwelling would further detract from its setting, create a cramped form of development, and appear as an incongruous feature in the wider townscape.
Highway safety - the Transportation Section have considered the objections raised, but have no objections
Residential amenity – The new double garage will be only 1m from two ground floor kitchen windows in the existing dwelling. In addition a blank 2 storey gable wall in the new dwelling will be 6.9m from the front elevation of the existing house, directly facing a lounge window.
The new dwelling will be over 10 m from the garden boundary of The Bungalow to the south. This meets standards designed to protect privacy in gardens.
Impact on wildlife – it is claimed that bats nest in the outbuilding, and that there are Great Crested Newts in the adjoining field, part of which is to be incorporated into the site. However, given the strong objections it is not felt expedient to require the necessary ecological survey.
106 Refuse
1 Part of the site lies within the Green Belt on the approved Barnsley Unitary Development Plan, wherein it is the Policy of the Local Planning Authority not to permit new development except in very special circumstances, for purposes other than those set out in paragraphs 3.4, 3.5, and 3.6 of Planning Policy Guidance Note 2. UDP Policy GS8 reflects national policy guidance and precludes development for purposes other than agriculture, forestry and essential facilities for sport and recreation, which preserve the openness of the Green Belt. In the opinion of the LPA the proposed dwelling and domestic curtilage constitutes inappropriate development contrary to policy and prejudicial to the character and openness of the Green Belt. Furthermore, there are considered to be no very special circumstances to justify the granting of planning permission in this instance.
2 In the opinion of the Local Planning Authority the replacement of the existing outbuilding by a two storey dwelling, and erection of a double garage, would detract from the setting and character of the converted barn, create a cramped form of development, and appear as an incongruous feature in the wider townscape, to the material detrimental of the visual amenities of the area and openness of the Green Belt , contrary to policies BE6, GS7, GS9 and GS13 of the Barnsley Unitary Development Plan.
3 In the opinion of the Local Planning Authority the development proposed would be materially detrimental to the amenities of the occupants of Meadowcroft by reason of the overbearing and overshadowing impact of the new garage and dwelling on habitable room windows, contrary to policy H8D and Supplementary Planning Guidance Note 3 of the Barnsley Unitary Development Plan.
B/05/0193/HN Fairfield Developments, Erection of two detached dwellings with detached garages Land adjacent 35 Market Street, Hoyland, Barnsley.
1 letter of objection
Site Description
This is a residential area of detached and terraced houses. The site is a rectangular area of land, partly the side garden of a detached house, Fairfield, and partly the garden area to the rear of 35 Market Street, an end terraced shop. The site has an area of approximately 0.06 hectares with a frontage to Market Street.
There are a number of mature trees on the site frontage and to the rear and side boundaries of Fairfield. The site is covered by Tree Preservation Order No. 22/2004. To the rear, approx six metres from the site boundary are the rear elevations of bungalows facing Manor House Close.
107 Outline planning permission for 2 houses was refused on 3rd August 2004 because of the adverse impact on amenity and privacy and substandard amenity for future occupants (ref. B/04/0509/HN).
Proposals
This is a detailed application for one pair of stone built detached houses with detached single garages. Both houses would face Market Street; plot two being at an angle to prevent the front elevation directly facing the rear of 35 Market Street.
A tree survey was submitted as part of the earlier application.
Policy
UDP - Housing Policy Area.
Policy H3D indicates that infill development 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 or create traffic problems.
Policy H3A indicates that the scale, layout, height and design of new dwellings must ensure that the living conditions and overall standards of residential amenity are provided or maintained to an acceptable level both for new and existing residents.
SPG 3, infill residential development gives advise about the design and layout of new housing.
Consultations
Transportation – no objections subject to conditions
Representations
The following objections have been received:
• too close to premises to allow an extension. • prevent intention to apply for 1st floor of shop to be converted to flat. • loss of light. • fire hazard from garage. • reduce own access and on-street parking. • security/vandalism issues. • stock is displayed to front and side of shop/jeopardise business.
Assessment
Material Considerations Principle Residential amenity Design and appearance Impact on trees Highway safety
108 Principle - the site lies within a larger Housing Policy Area on the Unitary Development Plan, where new residential development is normally acceptable, subject to amenity and highway safety considerations. The use of this site for residential purposes is therefore acceptable in principle.
Residential amenity – it is considered the site is of insufficient size to accommodate two dwellings and provide adequate separation distances between existing and the proposed properties. The proposals therefore do not comply with the Council’s Development Control Standards in respect of space about buildings and distance of habitable room windows to the site boundary. The proposals will have a significant detrimental impact on the amenities of the occupants of adjacent properties.
Design and appearance – the design and external appearance of the house types and proposed materials is considered to be acceptable for this site and of a scale and detail in keeping with the existing houses, which are a mix of terraced and detached properties of varying design and materials.
Impact on trees – the trees to be felled are within a Tree Preservation Order and include previously pollarded trees and ones with damaged bark. It is also proposed to fell an attractive mature ash on the frontage, as this is the only location to provide a safe access and site lines. The desirability of retaining trees is an important issue in determining planning applications. The loss of the ash would have a significant impact on the street scene, to the detriment of residential amenity.
Highway safety - there are no highway objections to the proposals, which have been amended to comply with detailed requirements in respect of access and parking. The neighbours concern about loss of on street parking is appreciated. It is considered however that a small scale development of this nature with integral parking can be accommodated within the existing highway network without detriment to road safety.
Refuse
1 In the opinion of the Local Planning Authority, the proposed development would be contrary to UDP Policy H8D, in that it would be an undesirable form of backland development, materially detrimental to the amenities of the adjoining properties by reason of loss of outlook, privacy and disturbance from increased residential activity. In addition the close relationship to adjacent dwellings would mean that the proposed dwellings also suffer from substandard privacy and aspect.
2 In the opinion of the Local Planning Authority, the proposed felling of the ash tree which is subject to a Tree Preservation Order (TPO No.22/2004) would be harmful to the visual amenity of the area, contrary to UDP Policy GS22.
109
B/05/0204/BA K A Adams Erection of detached bungalow (Outline) Land to the rear of 421 Rotherham Road, Smithies, Barnsley.
1 letter of objection received
Site Description
This is an area of land covering approximately 0.1 hectare, which forms part of the large rear garden area of a semi detached house facing Rotherham Road. The rear garden widens beyond the rear garden boundary of 419 Rotherham Road and extends behind Nos. 411 to 419 Rotherham Road. To the north and west of the site are residential properties and to the south east is a large area of open space.
On the opposite side of Rotherham Road is a Public House and MedicCentre.
The house has an existing drive 2 metres wide, which leads to the rear garden and to garages on the application site. The nearest properties to the rear, on Highfield Ave are in excess of 90 metres away. The adjacent houses on Rotherham Road are 20 metres from their rear boundary.
Proposal
This is an outline application for the erection of a bungalow, with a sketch indicating an approximate location behind numbers 413 and 415 Rotherham Road.
All matters except for the means of access are reserved for future consideration.
Access to the site would be gained via the existing driveway.
Policy
Unitary Development Plan – part Housing Policy Area (the access and garden immediately behind the house) and part Urban Green Space/allotments (the site for the dwelling).
Policy H3 indicates that Housing Policy Areas will remain predominantly in residential use.
Policy H8D indicates that planning permission for infill development involving single or a small number of dwellings will normally be granted where the development would not result in harm to the local environment or amenities of adjacent residents, create traffic problems or prejudice the possible future development of a larger area of land
Policy GS 34 – urban green space will normally remain open and undeveloped.
Policy GS 38 –development of land used or last used as allotments will not normally be permitted.
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SPG 3 gives more guidance on infill residential developments
Consultations
Transportation – no objections in principal, subject to the driveway being widened to 4.1 metres to the front and rear of the dwelling.
Representations
The following objections been received:-
• adverse impact on shared water supply • access problems/ proximity to pedestrian crossing • loss of green belt/ allotment land
Assessment
Material Considerations Principle of Development Residential amenity Highway Safety
Principle of Development –the site lies within a larger area of land allocated for allotments and Urban Green Space, where development is not normally acceptable. These areas are considered to make a significant contribution to the environment and any development must be assessed in respect of the potential of the larger area for recreation, amenity value and the link between adjacent areas.
The proposal is therefore considered unacceptable in principle. In addition the development of this small part of the urban trees space could prejudice the future development of a larger area of land.
Residential amenity – a dwelling could be sited on the land and comply with the Council's Development Control standards in respect of space about buildings. However, access to the site would be via a long narrow driveway adjacent to the gable of the neighbouring house which does not have a side driveway. It is considered that noise nuisance would be caused to the occupants of that property, to the detriment of their amenity.
Highway Safety – there are no highway objections to the proposal, it is considered that the existing access is adequate if widened to serve an additional dwelling. An additional dwelling would not therefore have an adverse impact in respect of road safety.
111 Refuse
1 The site lies within an area designated as Urban Greenspace/allotments on the approved Barnsley Unitary Development Plan. Unitary Development Plan Policy GS34 states that such areas will normally remain open and undeveloped and that any proposals for development will be assessed for their effect on the present and potential function of the areas in terms of its recreation, amenity or conservation value. In the opinion of the Local Planning Authority, the site makes a useful contribution to the appearance of the local environment, and in the absence of any alternative provision being made, the proposed development would be contrary to UDP Policy GS34.
2 Furthermore, in the opinion of the Local Planning Authority, the proposed development would be contrary to UDP Policy H8D, in that it would be an undesirable form of backland development, materially detrimental to the amenities of the adjoining properties by reason of loss privacy and disturbance from increased residential activity.
112 SECTION B – REFUSALS – NO REPORTS
B/04/2398/DT Global Hour R.B.S. Pharmacy Erection of retail unit Pharmacy, Ballfield Lane, Kexborough, Barnsley.
Refuse
1 In the opinion of the Local Planning Authority, the proposed use would lead to the loss of an existing off street parking area resulting in on-street car parking occurring on Ballfield Lane close to its junction with Churchfield Lane. Such conditions would be incompatible with the interests of road safety and the free flow of traffic, contrary to UDP Policy H8B and S6.
B/05/0044/WB Mr A Khan Internal alterations, formation of ramp for the diabled and access to classified road 148-150 Sheffield Road, Birdwell, Barnsley.
Refuse
1 The proposed development would involve the creation of an access on to a principal traffic route . The turning manoeuvres of vehicles entering and leaving the site and the possibility of vehicles standing on the highway would lead to conflict and interference with the free flow of traffic on the principal route to the detriment of highway safety and contrary to UDP Policy T2.
B/05/0089/BA Margaret Dearden Conversion and extension of outbuilding/ store to gents salon. To rear of 125/ 127 Huddersfield Road, Barnsley.
Refuse
1 The site lies within a larger area designated as a Housing Policy Area on the approved Barnsley Unitary Development Plan. The proposed development would involve the intensification of a retail use, which would be materially detrimental to the amenity of the occupiers of adjacent residential properties by reason of the noise and general disturbance it would create, contrary to UDP Policy H8B.
113 2 The proposed development fails to provide sufficient and suitable car parking provision within the site, as recommended by UDP Policy T17. Consequently, the proposal would be likely to result in on-street car parking along Huddersfield Road to the detriment of the safe and free flow of traffic on the highway and contrary to UDP Policy T2.
B/05/0163/PR/TF Mr A Butcher Fell two Oak trees within Tree Preservation Order No. 3/1997 14 Ormsby Close, Thurgoland, Sheffield.
Refuse
1 In the opinion of the Local Planning Authority the loss of light to the garden does not warrant the felling of 2 healthy and protected trees. The loss of the trees would be detrimental to the amenity of the area and would be contrary to council Policies GS22 [Woodlands, Hedgerows and Trees] and SPG9 [Trees and Hedgerows].
114 SECTION C – DEEMED PERMISSIONS
B/05/0208/DA Berneslai Homes Formation of access ramp to main entrance of community centre Darhaven Community Centre, Illsley Road, Darfield, Barnsley.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 The development to be carried out in accordance with the plans In the interests of the visual amenities of the locality.
B/05/0238/DE Barnsley MBC Siting of 2 temporary portacabins for use as classroom and office. The Dearne High School, Goldthorpe Road, Goldthorpe, Rotherham.
Grant subject to:-
1 The development to be carried out in accordance with the plans In the interests of the visual amenities of the locality.
2 The building shall be removed on or before the 1st April 2010 In the interests of the locality.
115 SECTION D – CONSULTATION WITH ADJOINING AUTHORITY
CON//05/0002/WO B-Braun Medical Ltd. Erection of extension to existing office building (Consultation from Sheffield City Council) B-Braun Medical Ltd, Thorncliffe Park, Estate, Chapeltown, Sheffield.
Consultation from Sheffield City Council
Site/Proposal
It is proposed to erect an extension to an existing four storey office building on the Thorncliffe Park Business Estate and to create new car parking areas. It is the second phase a larger project and provides office accommodation for a medical company. The established business estate lies on the south flank of the A616 Stocksbridge-by-pass and to the west of Junction 35a of the M1 Motorway.
Assessment
The proposed development is located on the established business estate and is an expansion project that would bring employment opportunities for the locality. The proposals would not detract from the viability of any similar projects in the Barnsley Borough. As such there are no objections raised in principle to the proposed development.
Recommendation
That Sheffield City Council be thanked for the consultation and advised that this Council has no objection to the proposed development.
116 SECTION E - MISCELLANEOUS
TCA/5/2005 Steve Turton (Contractor) Fell one mature lime tree, crown reduce 1 silver birch, 2 conifers and 1 laburnum and formative prune 2 apple trees 57 Huddersield Road, Barnsley
Proposal
Fell one mature lime tree, located too close to a dwelling and cracking the boundary wall. Crown reduce 1 silver birch, 2 conifers and 1 laburnum. Formative prune 2 apple trees.
Site Assessment
The lime tree is less than 5 metres from the house and is damaging the boundary retaining walls. The crown reduction and formative pruning works are acceptable maintenance works.
Recommendation
Accept the proposal to fell 1 mature lime tree and crown reduce and formative prune, 1 silver birch, 2 conifers, 1 laburnum tree and 2 apple trees.
TCA/6/2005 Mr. Richardson, 108 Towngate, Silkstone Fell 3 sycamore trees, and replant using 3 standard Bird Cherry and 2 standard Rowan trees 59 Hopwood Street, Barnsley
Proposal
Fell 3 sycamore trees, previously pollarded and in poor condition and replant using 3 standard Bird Cherry and 3 standard Rowan trees.
Site Assessment
The 3 sycamore trees have been pollarded in the past and in very poor condition.
Recommendation
Accept the proposal to fell 3 sycamore trees and replace with 6 new standard sized trees.
117 Report Precis
Report of the Assistant Director
Planning and Transportation to the
Planning Regulatory Board
Date: 15th March, 2005
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.
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Representations
Where representations are received in respect of an application, a summary of those representations is provided in the application report which reflects the key points that have been expressed regarding the proposal.
Members are reminded that they have access to all documentation relating to the application, including the full text of any representations and any correspondence which has occurred between the Council and the applicant or any agent of the applicant.
Recommendation(s)
That the applications be determined in accordance with the recommendations set out in the main report which is attached.
Full report attached for public and press copy (unless Confidential item).
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