DONCASTER METROPOLITAN BOROUGH COUNCIL
Agenda Item No: 4 Date: 21st July 2009
To the Chair and Members of the PLANNING COMMITTEE
PLANNING APPLICATIONS PROCESSING SYSTEM
Purpose of the Report
1. A schedule of planning applications for consideration by Members is attached.
2. Each application comprises an individual report and recommendation to assist the determination process.
Human Rights Implications
Member should take account of and protect the rights of individuals affected when making decisions on planning applications. In general Members should consider:-
1. Whether the activity for which consent is sought interferes with any Convention rights.
2. Whether the interference pursues a legitimate aim, such as economic well being or the rights of others to enjoy their property.
3. Whether restriction on one is proportionate to the benefit of the other.
Andy Gutherson Assistant Director of Development and Planning Directorate of Development and Planning
Contact Officers: Mr M Roberts (Tel: 734897), Mr G Stent (Tel: 734994) and Mrs D Holgate (Tel: 734925)
Background Papers: Planning Application reports refer to relevant background papers Summary List of Planning Committee Applications ( 6 )
NOTE:- Applications are in NUMERICAL order except those deferred from previous meetings for a Site Visit which are marked 'SV' and appear first and Major Proposals which are marked ‘M’.
Schedule Application No Ward Parish No
1. M 09/00246/TIPA Edenthorpe, Kirk Sandall Barnby Dun /Kirk Sandall Parish And Barnby Dun Council
2. M 08/03024/FULM Mexborough
3. M 09/00728/OUTA Armthorpe Armthorpe Parish Council
4. 08/00649/OUT Bessacarr And Cantley
5. 09/00639/OUT Torne Valley Tickhill Parish Council
6. 09/00931/COU Torne Valley Tickhill Parish Council Schedule No: 1.
Application No: 09/00246/TIPA
Ward Edenthorpe, Kirk Sandall Parish Barnby Dun /Kirk Sandall And Barnby Dun Parish Council
Proposal Proposed energy recovery facility involving gasification of waste
Location Land Off Sandall Stones Road, Kirk Sandall, Doncaster, South Yorkshire
Applicant Doncaster Energy Recovery Ltd
Agent SLR Consulting Ltd
Date of Valid Application: 5th February 2009
======
MAIN POINTS OF REPORT
* The proposal involves the treatment of up to 120,000 tonnes per annum (tpa) of residual waste materials by gasification and the generation of 11.2 megawatt (Mwe) of renewable electrical energy for transfer to the national grid from the arising gas.
* The proposed facility would process waste materials and generate electricity on a 24 hour basis. Waste will only be accepted during daytime.
* Gasification involves the heating of the waste material in a reduced oxygen environment, converting the material into a synthetic gas fuel (i.e. gasification). The gas is then utilised as a fuel in an oxygen rich environment and the energy from the combustion is used to drive a turbine, generating renewable electricity.
*Diverting residual waste from landfill for energy recovery in a gasification plant (i.e. “Moving waste up the waste hierarchy”) at the nearest appropriate location and producing renewable energy is in accordance with Government guidance and RSS policies (ENV12 and ENV5).
* The application site is located in the Kirk Sandall Industrial Estate and is allocated as an Employment Policy Area (EMP2 - 19) on the Doncaster Unitary Development Plan (UDP) Proposals Map 1998. Policy EMP 2 states that permission will normally be granted for B1, B2 and B8 uses. Proposals for other industrial, business or commercial uses will be considered on their merits, in accordance with other relevant plan policies.
* The proposal will generate some 47 HGV loads per day (94 HGV movements) and a small number of light vehicle movements. * A petition, signed by 496 people, objecting to the proposal has been submitted, as well as 42 letters of objection.
RECOMMENDATION - Planning Permission be Granted subject to a Section 106 Agreement
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission:-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
UDP Policies
EMP2 Employment sites SWD1 Waste Management Strategy SWD4 Waste Management Strategy SWD5 Environmental Protection (waste) T5 Transport
RSS Policies
ENV12 Regional Waste Management Objectives ENV13 Waste Management and Treatment Facilities ENV14 Strategic Locational Criteria for Waste Management Facilities ENV5 Energy YH7 Location of Development
Government guidance
PPS1 Climate Change PPS10 Sustainable Waste Management PPS22 Renewable Energy PPS23 Pollution Control
2. For the following reasons:
Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed development is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the development plan, taken together with advice in the relevant national planning policy guidance, justifies development involving waste treatment facilities in this location on the scale proposed.
It is considered that the design of the proposed development is appropriate to its setting and would safeguard the living conditions of neighbouring residents having regard to light, privacy, noise and disturbance arising from construction activity, and outlook, in so far as such matters can be regarded as material planning considerations and subject to mitigation by the attached planning conditions.
======
Introduction
1. This application was deferred at the last meeting on 30 June following a request for further information about health and traffic issues including materials to be processed, waste products created and amount of traffic. The additional traffic information is contained in paragraphs 46, 47 and 48. Additional information about health and pollution control is to be found in paragraphs 50, 51 and 52. Information about the materials to be accepted at the plant and matters relating to cardboard are included in paragraphs 67 and 68. Details added verbally at the last meeting including the recommended two extra conditions have also been added to this report.
2. This application seeks permission for a proposed energy recovery facility involving gasification of waste. The proposal involves the treatment of up to 120,000 tonnes per annum (tpa) of residual waste materials by gasification and the generation of 11.2 megawatt (Mwe) of renewable electrical energy for transfer to the national grid from the arising gas. The applicants have stated that the connection to the grid will be via underground cables. There will also be the facility to supply heat to surrounding users, thus increasing the thermal efficiency of the process. The proposed facility would process waste materials and generate electricity on a 24 hour basis. Waste will only be accepted during daytime hours (7am to 7pm Monday to Friday and 7am to 5pm on Saturdays). The waste material would be sourced in the local area and would consist of material having passed through recovery centres for reuse and recycling that have been deemed to have no further use. All waste would be unloaded and processed within a building utilising negative pressure, limiting odour/emissions. Gasification involves the heating of the waste material in a reduced oxygen environment, converting the material into a synthetic gas fuel (i.e. gasification). The gas is then utilised as a fuel in an oxygen rich environment and the energy from the combustion is used to drive a turbine, generating renewable electricity. The waste material will have been converted at this stage to flue gas and to bottom ash. It is expected that the bottom ash will comprise approximately 18% by weight of the original waste material, although this is dependant upon the composition of the waste entering the process.
3. The bottom ash, which is inert and can be used for block making, will be removed from the site. The flue gases would then pass through an Air Pollution Control System (APC) which would control the concentration of pollutants released to the atmosphere. This would include the addition of a reagent (lime and carbon) into the flue gas. The reagent and flue gas combine to form APC residue, known as fly ash. It is expected that the fly ash will comprise approx. 4% by weight of the waste. Fly ash is classed as waste and will require disposal at a landfill site. Waste treatment facilities of this nature are known as Advanced Thermal Treatment (ATT) and are distinguished from conventional mass burn incinerators, usually being of a smaller scale. 4. Although gasification is not a new technology, it is only in recent years that it has been commercially applied to the treatment of waste. The process of gasification is classed as Advanced Thermal Treatment under the UK’s Renewable Obligations Order. The applicants state that it is not anticipated that the proposed facility would discourage local recycling schemes and that only residual municipal, industrial and commercial wastes sourced in the local area, which are normally landfilled, would be utilised. The proposal will generate some 47 HGV loads per day (94 HGV movements) and a small number of light vehicle movements.
Site and Surroundings
5. The proposed site, of approx. 2 hectares, is a former storage area adjacent to the Polypipe works within the Kirk Sandall Industrial Estate which is located approximately 4.5 km to the north east of Doncaster. The site is relatively flat and surrounding land uses are of an industrial nature. There are a few individual properties along Clay Lane, which is separated from the application site by a rail line, the closest being some 200 metres from the application site. Other than these properties, the closest residential properties are located at least 350 metres to the east at Kirk Sandall.
History
91/11/2109/OTL - Outline application for use of land for class B1 (business) B2 (general industrial) and B8 (storage and distribution) on approx 8.3 hectares (being application under Regulation 5(2) of the Town and Country Planning (General) Regulations 1976). 25/11/90 - Deemed granted.
96/11/1841/FUL - Erection of warehouse/production shop extension to existing factory including car and trailer park, area for open storage and security fence. 22/8/96 - Conditional consent.
Environmental Impact Assessment
6. A detailed Environmental Statement has been submitted with the application.
Development Plan Allocation
7. The application site is located in the Kirk Sandall Industrial Estate and is allocated as an Employment Policy Area (EMP2 - 19) on the Doncaster Unitary Development Plan (UDP) Proposals Map 1998.
Consultation Responses
8. The following bodies have been consulted: DMBC: Trees, Ecology and Landscapes, Drainage, Environmental Health, Urban renaissance, Resource Recovery and Highways Development Control External: Environment Agency, Internal Drainage Board, SY Fire, Yorkshire Water, Kirk Sandall and Edenthorpe Parish Councils, Natural England, British Gas (Transco), SY Archaeology, SYPTE, SY Badgers. Other than the objections from the two parish councils, no objections have been raised by consultees, subject to appropriate conditions. 9. Both parish councils have objected on the following grounds: - The site is not remote from residential property - details of similar sites should be submitted - independent specialists should assess all technical data - impact on groundwater - concern over toxic substances contained within the normal waste - alternative sites should be considered - highways impact.
Publicity Responses
10. The application has been advertised on site and in the press, in accordance with regulations. A number of objections to the proposal have been submitted, as follows:
11. 42 letters of objection and a petition objecting to the proposal signed by 496 people.
12. The main issues raised relate to – highways (including a low bridge which floods), proximity of residential property and schools, pollution, additional pylons, gas pipe, noise, impact on the aquifer, vermin, pests, odour, unproven technology, conflict with recycling policy, fire/explosion, health and safety, flooding, impact on future housing development, devaluation of property values.
Assessment of Proposal
13. Under Section 38(6) of the Planning and Compulsory Purchase Act 2004, the starting point for consideration of this application is the Development Plan. The statutory development plan for the purposes of determining planning applications includes both the UDP and the RSS. Clearly, all decisions should be made in accordance with the Plan unless material considerations indicate otherwise. Other material considerations may include statements of Government policy and draft development plan documents.
Development Plan
UDP 14. EMP 2 - Employment sites Policy EMP2 states that permission will normally be granted for B1, B2 and B8 uses. Proposals for other industrial, business or commercial uses will be considered on their merits, in accordance with other relevant plan policies.
15. SWD1 - Waste Management Strategy - states, Waste minimisation, recycling, and methods of waste disposal alternative to landfill, such as incineration and composting, will be supported subject to all other requirements of the UDP.
16. SWD4 - Proposals for waste facilities will be considered in terms of the need for the site, its proposed location and the duration and feasibility of the proposal. The borough council will seek to ensure that all areas of the borough enjoy reasonable access to waste disposal sites and facilities and accepts in principle the need for waste disposal facilities to be provided broadly in line with the amount of waste produced in the borough. However account will also be taken of the needs of surrounding areas, in cooperation with the neighbouring local authorities. 17. SWD5 - Environmental Protection (waste) - Proposals for waste facilities will be considered in terms of the effect on local amenity, agriculture, nature conservation, scientific and archaeological interests, landscape, water resources, listed buildings and conservation areas, access and the highway system.
18. T5 - Transport - The policy states that the borough council will seek to ensure that any proposals for new development are located where the traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion, or amenity. In the case of industrial and warehouse development, it should be located conveniently with respect to the strategic route network and local communities.
RSS Policies
19. The general thrust of the RSS waste policies is to minimise the impact of waste on the environment and human health by diverting waste away from landfill and using it as a resource through more sustainable waste management methods. This involves moving the management of waste up the waste hierarchy - reduction, re-use, recycling and composting, using waste as a source of energy, and only disposing as a last resort. The RSS carries considerable weight because it has development plan status and reflects up to date government guidance as set out in PPS 10.
20. ENV12 - Regional Waste Management Objectives The policy requires local authorities to reduce, reuse, recycle and recover as much waste as possible. In particular, under C, local authorities are required to support the urgent provision of a combination of facilities and other waste management initiatives which best meets environmental, social and economic needs for their areas based on principles: 1, moving waste up the waste hierarchy, 2, achieving waste performance targets, and, 3, managing waste at the nearest appropriate location.
21. ENV 13 - Waste Management and Treatment Facilities. Requires waste planning authorities to ensure that adequate sites and facilities are available to manage municipal, commercial and industrial, construction and demolition, agricultural and hazardous waste, taking account of the figures set out in the RSS. The figures set out in the RSS indicate that the three boroughs of Barnsley Doncaster and Rotherham will need to provide sufficient treatment and recovery capacity to manage 611,000 tonnes of municipal, commercial and industrial waste per annum.
22. ENV 14 - Strategic Locational Criteria for Waste Management Facilities. Waste should be managed at the nearest appropriate location. Sites for waste facilities should take account of the following priority order: i) Established and proposed industrial sites which have potential for the location of waste management facilities and the co-location of complementary activities such as resource recovery parks. ii) Previously developed land. iii) Redundant farm buildings
23. Also relevant is policy YH7, which, in relation to development, gives priority to previously developed land, and policy ENV5 (energy) which sets targets for renewable energy and supports maximising the use of combined heat and power and community heating opportunities.
Government guidance
24. Recent (2005) Government guidance (PPS 10) sets out locational criteria which indicates that industrial sites may be suitable for waste management facilities, subject to impacts (i.e. noise, odours, air emissions including dust) and proximity to sensitive receptors (e.g. residential property), the cumulative effect of previous waste disposal facilities on the well- being of the local community (including social cohesion and inclusion or economic potential) and potential land use conflict.
25. PPS 10 also states that, waste planning authorities should not require applicants to demonstrate a need for the proposal. It goes on to state that, in considering planning applications before development plans can be reviewed to reflect the PPS, planning authorities should have regard to the policies in the PPS as material considerations which may supersede the policies in the development plan and should ensure proposals are consistent with the policies in PPS 10 and avoid placing requirements on applicants that are inconsistent.
26. PPS 10 also makes the point that the planning and pollution control (i.e. the Environment Agency) regimes are separate but complementary. Pollution control is concerned with preventing pollution and ensures that ambient air and water quality meet standards that guard against impacts to the environment and human health. The planning system controls the development and use of land in the public interest and should focus on whether development is an acceptable use of the land, and the impacts of those uses on the development and use of land. Waste planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced.
27. Additional guidance is contained in the Companion Guide to PPS 10.
28. Given that the proposal includes renewable energy generation from waste, other relevant Government guidance will include the Supplement to PPS 1 (climate change), PPS 22 and its Companion Guide (renewable energy) and PPS 23 (pollution control).
29. Useful relevant advice is also contained in a number of waste documents including, 'Advanced Thermal Treatment of Municipal Solid Waste' published by DEFRA in 2007 and 'Planning for Waste Management Facilities' published by the ODPM in 2004.
Emerging Development Plan (LDF)
30. The Core Strategy: Preferred Options, published in 2005, effectively supports the guidance in PPS 10. In addition, a Joint Strategic Waste Development Plan, (a DPD) with Barnsley and Rotherham, is being prepared. As this document is still at an early stage in its preparation it only carries limited weight as a material planning consideration. A “Towards Publication” draft of the DPD has been produced which sets out a list of potential waste sites. Included in the list is a site on the Sandall Stones Industrial Estate as a potential site for a large scale waste facility. This site lies immediately to the south of the application site. The Waste DPD does not allocate different technologies to different sites – it only allocates sites suitable for waste management facilities. Six ‘strategic’ sites are to be identified as the DPD allocations progress.
Assessment of Policies/Guidance
31. A common factor of both the RSS and PPS 10 is that both documents emphasise that significant new waste management facilities will be required, to ensure that sufficient sites are available to demonstrate that capacity exists for at least ten years of the annual rate of waste production.
32. UDP Policy SWD4 requires the need for the development to be taken into account: PPS 10, however, states that waste planning authorities should not require applicants to demonstrate a need for the proposal. The guidance in PPS 10 will supersede the need aspect of the UDP policy requirement. Doncaster currently has very limited waste treatment facilities and there is a clear requirement, as indicated by the RSS policies, for new treatment facilities.
33. The guidance in PPS 10 and RSS policy indicates that industrial sites, particularly previously developed land, may be suitable for waste facilities and the employment policy related to the site indicates that proposals for industrial, business or commercial uses other than B1, B2 and B8 will be considered on their merits, in accordance with other relevant plan policies. Policy SWD1 indicates that the proposal, being an alternative to landfill, will be supported. RSS policies require waste to be moved up the waste hierarchy and managed at the nearest appropriate location.
34. 'Advanced Thermal Treatment of Municipal Solid Waste' published by DEFRA in 2007, states that ATT processes can be similar in appearance and characteristics to various process industries. It would often be suitable to locate facilities on land previously used for general industrial activities or land allocated in development plans for such B2 uses.
35. 'Planning for Waste Management Facilities' - States that, unlike large thermal treatment facilities gasification proposals are likely to offer the opportunity to consider wider locational options in mixed use areas. Preferences should be given to areas allocated for business use or traditional commercial/industrial urban area. Under 'Proximity to sensitive receptors' the document states that Sites closer than 250 metres of housing etc. should generally be avoided where possible. However scale and improved environmental performance standards should enable a reasonable case for such plants to be located closer to sensitive receptors, particularly when part of a CHP/district heating scheme.
36. The Companion Guide to PPS 22 states that a generating station which is fired wholly or partly from waste is excluded from receiving a Renewables Obligation Certificate (ROC) unless advanced conversion technologies (e.g. pyrolosis and gasification) are used to produce a fuel gas, in which case ROCs can be claimed. This is an incentive for the deployment of new technology which is inherently cleaner and can be deployed on a smaller scale. The document goes on to state that pyrolosis and gasification are still developing but experience thus far has demonstrated that the superior control of the combustion offered by these processes can create much lower levels of contaminants in the exhaust gas when compared with typical grate combustion. Conclusion on policy/guidance
37. Taking account of the above policies and guidance it is clear that advanced treatments such as gasification of waste are considered to be cleaner and less polluting than traditional waste incinerators, are of a smaller scale and are similar to general industrial land uses. As such, they can normally be located on general industrial sites, close to residential property.
38. As a renewable energy recovery facility with potential for district heating, located on an industrial estate on previously developed land, generally greater than 250 m from residential property, within the main urban area of Doncaster and close to the strategic highway network, the proposal satisfies these policy requirements and is in accordance with the relevant guidance.
39. In principle, therefore, the method of waste treatment is acceptable and the proposed site is suitable for the proposed development, subject to other relevant considerations, including impacts on local amenity and flood risk.
Location
40. As noted above, a draft of the DPD has included an adjacent site on the Sandall Stones Industrial Estate as a potential site for a large scale waste facility. The application site has now been assessed by the Council’s planning consultants against the site selection criteria: the findings show that the application site exhibits strong sustainability credentials and would be an appropriate location for waste facilities. (Key sustainability considerations include health, water and greenhouse gas). The site scored considerably higher than any of the alternative sites in Doncaster, and the second highest of all the sites in the three boroughs (Barnsley, Doncaster, Rotherham). The waste DPD is still at an early stage and any draft document will, therefore, carry little weight. Nevertheless, the fact that the application site has scored highly against the site selection criteria indicates that the site is acceptable for waste treatment.
41. The BioGen site was not included in the published shortlist of the ‘Towards Publication of the DPD’ document (2008). A different site was included in this document - Sandall Stones Road, Kirk Sandall (site D-014), which scored low down on the shortlist (overall score of 45). However, the Biogen site, which lies adjacent to site D-014, was included in an updated list and was found to score the second highest overall score (76) of all the shortlisted sites due to exhibiting strong sustainability credentials i.e.
1. It is available for development (has owner support); 2. It has good infrastructure; 3. It is not in the Green Belt;
Only the Sterecycle site (Rotherham) has a higher overall score - but was not included in the shortlist due to it already being an existing waste management site.
Highways and Traffic
42. A number of objectors have stated that the local road network is unsuitable for the number of Heavy Goods Vehicles (HGVs) proposed. 43. The application site is within an established industrial estate and was previously used for the storage of pipes. As such the surrounding road network has an established HGV use. The Transport Assessment, submitted as part of the Environmental Statement, indicates that the proposal will generate some 47 HGV loads per day (94 HGV movements) and a small number of light vehicle movements. The applicants have also agreed to a condition/agreement relating to a Freight Management Plan to control the numbers and routing of HGVs.
44. Highways Development Control has raised no objections to the proposal, subject to appropriate conditions/legal agreement.
45. Given that the site is part of an established industrial estate, that the numbers of HGVs will be limited to 94 vehicle movements a day and that Highways DC has not raised any objections, it is concluded that there should be no significant impact on the local road network as a result of the proposed development.
46. A transport Assessment has been submitted by the applicant which has been audited and agreed by the Council's highways team. The assessment shows that the projected level of traffic generated by the proposed development over a 12 hour period equates to a total of 94 Heavy Goods vehicle movements and 12 light vehicles. This is a modest increase in the level of traffic added to the highway network. In terms of the total percentage increase on Sandall Stone Stones Road this equates to 5.1%, and in terms of Barnby Dun Road, the increase amounts to 0.7%. The percentage increase in HGV movement along Sandall Stones Road equates to 47.2%. The increase is higher on Sandall Stones Road, which is to be expected due to the already low numbers of vehicles using the road. Significant is that HGV traffic will not be directed along Doncaster Road towards Kirk Sandall. All 94 of the Heavy Goods vehicles generated by the development will route along Barnby Dun Road and then travel east or west along Wheatley Hall Road. The 12 light vehicles generated by the development will be distributed at a ratio of 66 -33%.(i.e. 8 vehicles will travel towards Wheatley Hall Road and 4 will go towards Kirk Sandall). The increase in traffic generated by the development is not significant except the increase in HGVs on Sandall Stones Road (47.2%). However, this percentage increase is high largely because of the low numbers of HGVs using the road.
47. A letter of objection asked the question as to what constitutes an HGV. A full classified traffic count has been undertaken which uses recognised methodology for categorising vehicle types. Any vehicle over 3.5 tonnes with twin rear wheels constitute a Heavy Goods Vehicle.
48. A traffic analysis has been undertaken at the junction of Sandall Stones Road with Barnby Dun Road which shows the junction will operate within capacity.
Proximity to Residential Properties and Schools
49. The main impacts on sensitive receptors such as schools and residential property relate to noise and emissions to air (including dust, odour etc.). The submitted Environmental Statement includes an Assessment on Air Quality and mitigation measures. Waste will be delivered in enclosed vehicles and will be discharged within a sealed building utilising negative pressure. All Advanced Thermal Treatment facilities are required to comply with the European Waste Incineration Directive, which sets out limits for emissions to air. 'Advanced Thermal Treatment (ATT) of Municipal Solid Waste' published by DEFRA in 2007, states that, in terms of complying with the Waste Incineration Directive the major emission from a plant with energy recovery is the release of flue gases from the combustion of the syngas. The clean up required for the flue gases is dependent on the process from which they have been generated. One of the main benefits claimed by manufacturers for gasification plant is that emissions of pollutants are lower than those from conventional incineration and that plant are designed to comply with the emission limits set out in the directive. The document also states that an independent study on Health & Environmental impacts of waste management processes found no evidence of health effects linked to ATT facilities, although due to the emergent nature of these technologies the available data was only of moderate quality.
50. As noted above, PPS 10 makes the point that the planning and pollution control regimes are separate but complementary. PPS 23, on Planning and Pollution Control, also makes the same point. Pollution control is concerned with preventing pollution and ensures that ambient air and water quality meet standards that guard against impacts to the environment and human health. The development will require an Environmental Permit from the Environment Agency which will set emission limit values, including noise, as conditions as part of the permitting process. The permit will set emission limits from the plant, and performance standards that the operation must meet. The permit will ensure that the plant is operated in accordance with relevant legislation, in particular, with the Waste Incineration Directive (WID).
51. The WID itself sets emission limits for major pollutants - e.g. for acid gases, carbon monoxide, dust, heavy metal and organic pollutants. These limits are based on World Health Organisation guidance, and are health-based standards. The WID also specifies performance standards - minimum combustion temperature and residence times to be met by the plant, continuous emission monitoring and interlocks to prevent operation of the plant when monitoring equipment is not functional.
52. In addition, the applicant will have to show that no other emissions from the plant are likely to cause harm to human health or to the environment. So, where an emission is likely that is not addressed by the WID, the applicant would have to provide modelling of the possible impact of that emission, and then show how the emission would be abated to below the Environmental Assessment Limit for that substance. Should any such substances be identified falling outside those covered by the WID, the EA would place emission limits for that substance in the permit.
53. There are individual properties, the closest of which is some 200 metres from the site, along Clay Lane, which is separated from the application site by a rail line. Apart from these properties, the closest sensitive properties are greater than 350 metres from the site. The guidance referred to above (Planning for Waste Management Facilities) states that (ATT) sites closer than 250 metres of housing etc. should generally be avoided where possible. The guidance goes on, however, to state that scale and improved environmental performance standards should enable a reasonable case for such plants to be located closer to sensitive receptors, particularly when part of a CHP/district heating scheme.
54. As part of the submitted Environmental Statement, the applicant has put forward mitigation measures to control matters such as odour, dust and noise. No objections, subject to appropriate conditions, have been made by DMBC Environmental Health/Pollution Control or by the Environment Agency to the proposal. Given the above, it is concluded that the site is sufficient distance from sensitive receptors to ensure that any impacts will be limited. Flood Risk
55. The Environment Agency’s flood risk map indicates that the majority of the application site lies within Flood Zone 3. According to the Doncaster Strategic Flood Risk Assessment (2005) the site lies partially within flood zone 1 and partly within flood zone 3a.
56. A Flood Risk Assessment has been submitted with the application. The FRA includes the information necessary to carry out a Sequential Test, which looks at alternative sites, and an Exception Test and details mitigating measures.
57. Taking account of the information submitted by the applicants for the Sequential Test, it is concluded that the Sequential Test has been passed. In relation to the Exception Test, the proposed use is less vulnerable and, as such, does not require an Exceptions Test.
58. The Environment Agency and Yorkshire Water have no objections to the proposal, subject to appropriate conditions. It is concluded, therefore, that flood risk and ground water issues have been satisfactorily resolved and that the proposal will not exacerbate the flood risk of the area.
Other Issues
59. Additional pylons - The applicants have stated that the connection to the grid will be via underground cables.
60. Unproven technology/assessment by independent specialists - As noted above, although gasification is not a new technology, it is only in recent years that it has been commercially applied to the treatment of waste. The Companion Guide to PPS 22 indicates that there is an incentive (Renewable Obligation Certificate, ROC) for the deployment of such new technology, which is described as inherently cleaner. While it is accepted that pyrolosis and gasification of waste is still developing, experience has demonstrated that these processes can create much lower levels of contaminants in the exhaust gas when compared with typical grate combustion. Advanced Thermal Treatment of Municipal Solid Waste notes that an independent study on Health & Environmental impacts of waste management processes found no evidence of health effects linked to ATT facilities, although due to the emergent nature of these technologies the available data was only of moderate quality. As noted, the development will require an Environmental Permit from the Environment Agency which will set emission limit values. Bodies such as the Environment Agency and DMBC’s Pollution Control are examples of the independent specialists referred to by the parish councils who have assessed the proposal, and who have raised no objections.
61. Given that the development will be required to meet strict emission limits set by the Environment Agency to protect human health and the environment, and that the emerging evidence indicates that these technologies are cleaner than conventional treatment facilities, the fact that the technology has only recently been applied to waste is not considered to be sufficient grounds to refuse such an application.
62. Fire/explosion, health and safety - South Yorkshire Fire & Rescue has been consulted and has raised no objections, subject to appropriate conditions. 63. Impact on future housing development - The Council’s Housing Policy Officers have been consulted on the proposal and have responded by stating that the future housing development should be no more sensitive than the school or existing housing or surrounding businesses, although perception of the facility may affect the marketability of the site for housing.
64. Conflict with recycling policy - There is no evidence that the energy recovery of residual waste (i.e. waste which cannot be recycled/reused) will conflict with recycling policy. Doncaster’s Resource Recovery service has been consulted and has raised no objections.
65. Alternative sites - As part of the evidence for the Sequential Test, the applicants have assessed alternative sites. In addition, the Council’s planning consultants have assessed the application site against the waste DPD site selection criteria: the findings show that the application site exhibits strong sustainability credentials, scores higher than alternative sites in Doncaster, and would be an appropriate location for waste facilities.
66. Similar sites - The applicants have submitted testimonials from the Regional Pollution Control authority for Rogaland in Norway and the Director of Environment & Neighbourhoods in Newport, Isle of Wight, where similar plant has been installed. The letters confirm that no complaints have been received and that there are no health related issues. In Newport, monitoring has been carried out by the Environment Agency who have confirmed that there have been no recent complaints.
67. Toxic substances contained within the waste – This was a concern raised by the committee at the meeting on 30 June. The facility would only accept non hazardous waste that has passed through transfer stations and material recycling facilities to remove cardboard, plastics, wood and other recyclable material. Waste vehicles would report to the weighbridge where waste documentation, waste carrier certificates and transfer notes would be checked to ensure compliance with the Duty of Care Regulations and the site’s Environmental Permit. Vehicles containing any non-conforming waste would be quarantined and managed in accordance with the site’s Environmental Permit. The range of waste is determined by the Environment Agency during its consideration of the application for an Environmental Permit (EP). The EP will not permit the site to take hazardous or clinical waste. The waste types will be set in the knowledge of the proposed process. Any materials that are likely to give rise to unacceptable pollutants in the emissions gas will be excluded from the list approved in the EP.
68. The committee expressed concerns about the glue used in cardboard being noxious. Although the majority of cardboard in the waste stream would be removed some would inevitably enter the facility. The applicants advise that the substances in such glue can be effectively destructed at temperatures in excess of 700 degrees Celsius. The temperature range on this instillation is 950 – 1000 degrees Celsius. The Environment Agency has been asked to comment on the letter from the applicant and its response will be reported verbally at the meeting.
Overall Conclusion
69. The proposal complies with all relevant policies and Government guidance in relation to the location and acceptability of Advanced Thermal Treatment waste facilities. In particular, the Council’s planning consultants for the waste Development Plan Document indicates that the application site scores highly on sustainability issues. It is recognised that there is a need for new waste treatment facilities in Doncaster which will divert waste away from land filling and up the waste hierarchy.
70. The various issues (i.e. proximity to sensitive property, highways etc.) which have been raised by local residents and parish councils have been resolved to the satisfaction of the relevant authorities. No objections have been made to the proposal by any consultees, apart from the two parish councils. It is concluded, therefore, that the development is acceptable, subject to appropriate conditions and the completion of a legal agreement relating to HGV routing.
RECOMMENDATION
PLANNING COMMITTEE RESOLVE TO GRANT PLANNING PERMISSION FOR THE PROPOSED DEVELOPMENT, SUBJECT TO THE COMPLETION OF AN AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 IN RELATION TO THE FOLLOWING MATTERS:
A) ALL HEAVY GOODS VEHICLES SHALL BE ROUTED TO THE STRATEGIC HIGHWAY NETWORK TO MINIMISE DISRUPTION TO RESIDENTIAL PROPERTIES IN ACCORDANCE WITH A SCHEME TO BE APPROVED BY THE LOCAL PLANNING AUTHORITY
THE HEAD OF DEVELOPMENT MANAGEMENT BE AUTHORISED TO ISSUE THE PLANNING PERMISSION ON COMPLETION OF THE AGREEMENT.
THE FOLLOWING MATTER WAS REPORTED TO PLANNING COMMITTEE
Additional information
The Waste DPD does not allocate different technologies to different sites – it only allocates sites suitable for waste management facilities. Six ‘strategic’ sites are to be identified as the DPD allocations progress.
The BioGen site was not included in the published shortlist of the ‘Towards Publication of the DPD’ document (2008). A different site was included in this document - Sandall Stones Road, Kirk Sandall (site D-014), which scored low down on the shortlist (overall score of 45). However, the Biogen site, which lies adjacent to site D-014, was included in an updated list and was found to score the second highest overall score (76) of all the shortlisted sites due to exhibiting strong sustainability credentials i.e.
1. It is available for development (has owner support); 2. It has good infrastructure; 3. It is not in the Green Belt;
Only the Sterecycle site (Rotherham) has a higher overall score – but was not included in the shortlist due to it already being an existing waste management site.
Resource Recovery has not raised any objections to the proposed development. The Council already has waste management contracts in place for the next 7 years and the development of a gasification plant will not impact on this. Following the end of the contract period the Council will need to renegotiate new contracts and will take into consideration such a waste management facility. It is recognised, however that in Doncaster there is a demonstrable need for additional waste treatment and recovery facilities in the period to 2020 and the BioGen site may be a potential site for future negotiations.
The nearest residence to the site is Manor House on Clay Lane and is approximately 200m to the south west of the site.
Additional conditions The development hereby permitted shall not be commenced until such time as a scheme to secure the protection the underlying aquifer (Sherwood Sandstone) has been submitted to, and approved in writing by, the local planning authority. Any such scheme shall be supported by detailed information including a fully detailed Groundwater Risk Assessment (GRA). As part of the GRA and with regard to the engineering aspects we will require information on: - The detailed design of the proposed waste silo in relation to the hydro geological conditions beneath the site. - Design life details of the proposed waste silo including the anticipated performance in terms of hydrostatic pressure and chemical attack effects within and surrounding the waste silo. - Evidence to demonstrate as to why no drainage is proposed for the waste silo. - Operation and maintenance of the proposed waste silo. - Emergency plans and monitoring at the proposed facility to mitigate against pollution of the underlying aquifer. - Details concerning the protection of the underlying aquifer at the post operational stage of the facility including the waste silo. - Dewatering operations with appropriate mitigation where required. The GRA should include all the appropriate mitigation to protect the underlying aquifer during both the construction, operational and post operational phases of the development. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme, or any changes as may subsequently be agreed, in writing, by the local planning authority. REASON To protect controlled waters from pollution. The site is located on a Source Protection Zone 3 (SPZ) for a public water supply from groundwater.
Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. REASON To prevent pollution of the underlying aquifer by demonstrating that piling will not take place through contaminated ground.
Requests to speak Councillor Paul Bisset will be speaking in opposition to the application.
Mr Craig will be speaking in opposition to the application. Nicholas Baston will be speaking in support of the application.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO SECTION 106 LEGAL AGREEMENT
01. SB021 The development to which this permission relates must be begun not later than the expiration of three years beginning with date of this permission. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.
02. U19367 The development hereby permitted shall be carried out in accordance with the details contained in planning application Ref. 09/00246/TIPA - and the mitigation measures contained in the submitted Environmental Statement dated 5th February 2009, and the additional information submitted on 27 April 2009, unless otherwise set out in the conditions stated below which shall in all cases take precedence or as may be amended in writing by the Local Planning Authority. Reason To ensure that the development is carried out in accordance with the submitted details.
03. U19368 There shall be no outside storage or stockpiling of waste. Reason In the interest of health and safety, visual amenity and to prevent dust and litter on the highway.
04. U19369 All vehicles importing waste to the site shall discharge their loads into the main building. Reason In the interest of the amenity of the area, and the prevention of odour.
05. U19370 Best practicable means shall be used to restrict the emission of vibration, smoke, odour, fumes, dust, grit or noise including noise from any equipment arising from the development hereby permitted. Reason In the interest of the amenity of the area, and the prevention of odour.
06. U19372 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. All foul drainage trenches and other structures designed to hold foul waste water shall be lined with a minimum of 1 metre of engineered clay and impermeable liner in order to provide a double lined system. Reason To ensure that the development can be properly drained
07. U19373 The site shall be developed with separate systems of drainage for foul and surface water on and off site. Reason In the interest of satisfactory and sustainable drainage
08. U19374 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the local planning authority before development commences. Reason To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading
09. U19375 Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge to the public sewer. Roof drainage shall not be passed through any interceptor. Reason In the interest of satisfactory drainage and to protect the public water supply
10. U19376 Any liquid storage tanks shall be located within a bund with a capacity of not less than 110% of the largest tank or largest combined volume of connected tanks. Reason To ensure that there are no discharges to the public sewerage system which may injure the sewer, interfere with free flow or prejudicially affect the treatment and disposal of its contents
11. U19377 Unless otherwise approved in writing by the local planning authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. Reason To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal
12. U19378 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the local planning authority before development commences. Reason: To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading
13. U19379 The development hereby permitted shall not be commenced until such time as a scheme to secure the protection the underlying aquifer (Sherwood Sandstone) has been submitted to, and approved in writing by, the local planning authority. Any such scheme shall be supported by detailed information including a fully detailed groundwater risk assessment (GRA). As part of the GRA and with regard to the engineering aspects the following information will be required: • The detailed design of the proposed waste silo in relation to the hydrogeological conditions beneath the site. • Design life details of the proposed waste silo including the anticipated performance in terms of hydrostatic pressure and chemical attack effects within and surrounding the waste silo. • Evidence to demonstrate as to why no drainage is proposed for the waste silo. • Operation and maintenance of the proposed waste silo. • Emergency plans and monitoring at the proposed facility to mitigate against pollution of the underlying aquifer. • Details concerning the protection of the underlying aquifer at the post operational stage of the facility including the waste silo. • Dewatering operations with appropriate mitigation where required.
The GRA shall include all the appropriate mitigation to protect the underlying aquifer during both the construction, operational and post operational phases of the development. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme, or any changes as may subsequently be agreed, in writing, by the local planning authority. Reason To protect controlled waters from pollution. The site is located on a Source Protection Zone 3 (SPZ) for a public water supply from groundwater.
14. U19380 Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
1) An options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
2) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (1) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved. Reason To protect controlled waters by ensuring that the site is remediated to an appropriate standard. The site is located in a Source Protection Zone 3 (SPZ3) for a public water supply from groundwater. The site investigation undertaken (2007) identified hydrocarbon contamination at the site and therefore any areas of contamination should be dealt with accordingly prior to development.
15. U19381 Prior to development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long-term monitoring and maintenance plan) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority. Reason To protect controlled waters by ensuring that the site is remediated to an appropriate standard. The site is located in a Source Protection Zone 3 (SPZ3) for a public water supply from groundwater.
16. U19382 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. Reason To prevent pollution of the underlying aquifer by demonstrating that piling will not take place through contaminated ground.
17. U19383 The proposed vehicular access shall be constructed to the satisfaction of the local planning authority before the development comes into use. Adequate measures shall be so designed into the proposed access to avoid the discharge of surface water from the site onto the highway. Reason In the interests of highway safety
18. HM13 Before the development is brought into use that part of the site to be used by vehicles shall be properly laid out, drained, surfaced/sealed and or marked out in a manner to be approved by the Local Planning Authority and shall thereafter be maintained in a condition to the reasonable satisfaction of the Local Planning Authority. REASON To encourage drivers to make use of the parking space and ensure that the use of land for this purpose will not give rise to mud hazards at entrance/exit points in the interests of public safety.
19. HW23 The vehicle turning space shall be constructed as defined on the approved plans before the development is brought into use and shall thereafter be maintained in a condition to the reasonable satisfaction of the Local Planning Authority. REASON To avoid the necessity of reversing a vehicle on to or from the highway thus creating an unnecessary dangerous situation.
20. U19384 No development shall take place until the applicant, their agent, or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to, and approved in writing by, the local planning authority. Reason In the interests of archaeology
21. U19385 No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being accepted and approved by the Local Planning Authority (LPA).
a) The contaminated land assessment shall include a desk study to be submitted to the LPA for approval. Potential risks to human health, property (existing or proposed) including buildings, livestock, pets, crops, woodland, service lines and pipes, adjoining ground, groundwater, surface water, ecological systems, archaeological sites and ancient monuments must be considered. The desk study shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy must be approved by the LPA prior to investigations commencing on site.
b) The site investigation, including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology and current best practice.
c) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the LPA. The LPA shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters. d) Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The LPA must be given two weeks written notification of commencement of the remediation scheme works. If during the works contamination is encountered which has not previously been identified then all associated works should cease until the additional contamination is fully assessed and an appropriate remediation scheme agreed with the LPA. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation.
e) Upon completion of the works, this condition shall not be discharged until a validation report has been submitted to and approved by the LPA. The validation report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the validation report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all validation data has been approved by the LPA
Reason To protect human health and controlled waters.
22. U19386 Should any unexpected significant contamination be encountered during development all associated works should cease, and the Local Planning Authority (LPA) be notified in writing immediately. A Remediation Strategy Report shall be submitted to the LPA for approval. The associated works shall not re-commence until such time as all the validation data in accordance with the approved remediation strategy has been approved in writing by the LPA. Reason To protect human health and controlled waters
23. U19387 Any soil or soil forming materials brought to site for use in garden area, soft landscaping, filing and level raising shall be tested for contamination and suitability for use on site. Proposals for contamination testing including testing schedules, sampling frequencies and allowable contaminant concentrations (as determined by appropriate risk assessment) and source material information shall be submitted to and approved in writing by the LPA prior to any soil or soil forming materials being brought onto site. The approved contamination testing shall then be carried out and validatory evidence (laboratory certificates, etc) submitted to and approved in writing by the LPA prior to any soil and soil forming material being brought on to site. Reason To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to planning policy statement 23- Planning and Pollution Control.
24. U19919 The development hereby permitted shall not be commenced until such time as a scheme to secure the protection the underlying aquifer (Sherwood Sandstone) has been submitted to, and approved in writing by, the local planning authority. Any such scheme shall be supported by detailed information including a fully detailed Groundwater Risk Assessment (GRA). As part of the GRA and with regard to the engineering aspects we will require information on: - The detailed design of the proposed waste silo in relation to the hydro geological conditions beneath the site. - Design life details of the proposed waste silo including the anticipated performance in terms of hydrostatic pressure and chemical attack effects within and surrounding the waste silo. - Evidence to demonstrate as to why no drainage is proposed for the waste silo. - Operation and maintenance of the proposed waste silo. - Emergency plans and monitoring at the proposed facility to mitigate against pollution of the underlying aquifer. - Details concerning the protection of the underlying aquifer at the post operational stage of the facility including the waste silo. - Dewatering operations with appropriate mitigation where required. The GRA should include all the appropriate mitigation to protect the underlying aquifer during both the construction, operational and post operational phases of the development. The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme, or any changes as may subsequently be agreed, in writing, by the local planning authority. REASON To protect controlled waters from pollution. The site is located on a Source Protection Zone 3 (SPZ) for a public water supply from groundwater.
25. U19920 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. REASON To prevent pollution of the underlying aquifer by demonstrating that piling will not take place through contaminated ground. 01. U03260 The applicant should contact the Highway Authority prior to the commencement of any works within the adopted highway.
02. U03261 Prior to preparing any reports in support of conditions related to land contamination, the applicant is advised to refer to best practice guidance and “Contaminated Land - A guide to developers in the Doncaster Borough”. A description of the reports is as follows:
Phase I Desk Study Report - typically consists of a desk top study, site walkover, conceptual model and an qualitative/quantitative risk assessment and ‘conceptual model’ must be included within this report outlining actual and potential risks. The information obtained should be of sufficient detail to enable recommendations to be made and further investigation to be undertaken (including design of intrusive investigation), where necessary.
Phase II Intrusive Site Investigation Report - typically consists of an intrusive site investigation and qualitative and/or quantitative risk assessment. These studies aim to characterise the ground conditions, identify any contamination present and assess whether it will potentially result in harm. A more detailed conceptual model should be constructed based on the further information available and supported by quantitative risk assessments, where necessary. Recommendations for further investigation and remedial, protective and/or monitoring works should also be included.
Remediation Strategy Report - contains details on required remedial, protective and/or monitoring measures demonstrating how the works will render the site ‘suitable for use’ describing the works in relation to the development hereby permitted. A range of remedial options should be reviewed/considered and the preferred option(s) should be justified by cost-benefit analysis. The report should include full details of any works to be undertaken including proposed site clean up criteria, site management and contingency procedures, validation/protection/monitoring measures, timetable for carrying out the works. (This may comprise a Technical Specification Report prepared for the tendering process to procure a specialist remediation contractor).
Validation Report - includes evidence with discussion on substantiating data to confirm that the works agreed in the approved Remediation Strategy Report have been implemented. Information to be submitted at the agreed timescales as outlined in the agreed Remediation Strategy Report. Any significant deviations from the approved Remediation Strategy Report (e.g., due to unexpected contamination) must also be included in this report. 03. U03262 The Remediation Strategy and Validation Report shall be prepared in accordance with CLR11, PPS23 and “Contaminated Land - A guide to developers in the Doncaster Borough.
04. U03273 Without prejudice, any noise, odour, vibration, fumes etc, complaints received by the Public Health Team once operational will be investigated in accordance with the current policies and procedures. Schedule No: 2.
Application No: 08/03024/FULM
Ward Mexborough Parish
Proposal Erection of 212 residential units including public open space and locally equipped area of play, with associated remedial work including importation of inert fill materials on approx 5.13 ha of land (Being resubmission of application refused under Ref: 07/01996/FULA on 26.10.2007)
Location Mexborough Power Station, Doncaster Road, Mexborough, South Yorkshire
Applicant Strata Homes Yorkshire Ltd
Agent DLP Planning Ltd
Date of Valid Application: 22nd October 2008
======
MAIN POINTS OF REPORT
* This planning application is being presented to Planning Committee because it is a departure from the provisions of the development plan and has been publicised in accordance with statutory requirements.
* The proposal is also of a scale such that, should Members resolve to grant planning permission, the application must be referred to the Secretary of State.
* No objections have been received from consultees subject to conditions being attached to any grant of planning permission.
* One letter of objection has been received with regards to asbestos and health problems.
* The proposal is for the erection of 212 residential units including public open space and a locally equipped play area and importation of inert fill material on approx 5.13 hectares with a density of 41 per hectares.
* Relevant Planning Policy - National, PP S 1 Delivering Sustainable Development , PPS 22 Renewable Energy, PPS 23 Planning and Pollution, PPS 25 Development and Flood Risk, PPS 3 Housing, PPG Note 4 Industrial, Commercial Development and Small Firms, PPG Note 13 Transport. Regional Spatial Strategy Policies -ENV 1 Development and Flood Risk, ENV 5 Renewable Energy, H4 Provision of Affordable Housing, H5 Housing Mix, YH1- YH8 Spatial Vision and Core Approach, T3 Public Transport. Adopted Unitary Development Plan 1988 RP4 Don Dearne Valley, ENV52 Design of New Buildings,ENV53 Design of New Buildings (scale and appearance), ENV43 New Development and Nature Conservation, ENV44 Wildlife Corridors, ENV59 Protection Of Trees, ENV60 Landscaping in Development Proposals, ENV67 Improving the Environment, ENV69 Development on Potentially Contaminated Land, PH13 Standards of Residential Development, PH19 Provision of Affordable Housing, RL4 Public Open Space Provision, T5 New Development and Traffic Generation, PU6 Land Drainage, PU10 River Quality and Pollution Control. DMBC Interim Planning Position Statement 3 Employment in Doncaster, DMBC Interim Planning Position Statement 2 Housing, DMBC Interim Planning Position Statement 1 Affordable Housing in Doncaster. Emerging Local Development Framework (Core Strategy) CS-B2 Incorporation of Sustainability Initiatives in Development Proposals.
* In summary as the site meets the tests set out in Planning Position Statement 3 - Employment in Doncaster and that there are no employment planning policy objection to the application and there are no housing policy objections to the site being developed for residential purposes is in accordance with national , Regional and Local Guidance. The proposed scheme provides a mix of house types ensuring a mix of households for a sustainable community. The proposal makes efficient use of a previously derelict contaminated brownfield site. The density, parking levels and access to the site are considered acceptable and will not have a detrimental impact on the highway network, and will not be detrimental to highway safety. A section 106 Legal Agreement will be entered into for affordable housing, POS and LEAP, Management Agreement, Bus stops and shelters, vehicular monitoring and a Transport Improvement Bond. A travel plan has also been agreed.
RECOMMENDATION - PLANNING PERMISSION BE GRANTED SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) FOLLOWING REFERRAL TO THE SECRETARY OF STATE
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
Adopted Unitary Development Plan 1988
RP4 - Don Dearne Valley ENV52- Design of New Buildings ENV53 - Design of New Buildings (scale and appearance) ENV43 - New Development and Nature Conservation ENV44 - Wildlife Corridors ENV59 - Protection of Trees ENV60 - Landscaping in Development Proposals ENV67 - Improving the Environment ENV69 - Development on Potentially Contaminated Land PH13 - Standards of Residential Development PH19 - Provision of Affordable Housing RL4 - Public Open Space Provision T5 - New Development and Traffic Generation PU6 - Land Drainage PU10 - River Quality and Pollution Control
Emerging Local Development Framework (Core Strategy)
CS-B2 Incorporation of Sustainability Initiatives in Development Proposals
Planning Policy Statement 1 - Delivering Sustainable Development Planning Policy Statement 22 - Renewable Energy Planning Policy Statement 23 - Planning and Pollution Planning Policy Statement 25 - Development and Flood Risk Planning Policy Statement 3 - Housing Planning Policy Guidance Note 4 - Industrial, Commercial Development and Small Firms Planning Policy Guidance Note - 13 Transport DMBC Interim Planning Position Statement 3 - Employment in Doncaster DMBC Interim Planning Position Statement 2 - Housing DMBC Interim Planning Position Statement 1 - Affordable Housing in Doncaster
Regional Spatial Strategy (RSS) May 2008 (Policies) ENV 1 - Development and Flood Risk ENV 5 - Renewable Energy H 4 - Provision of Affordable Housing H 5 - Housing Mix YH1 - YH8 Spatial Vision and Core Approach T3 - Public Transport
2. For the following reasons:
The site meets the tests set out in Planning Position Statement 3 - Employment in Doncaster and there no planning policy objections to this site not being developed for employment uses. There are no housing policy objections it is then considered that the proposal is in accordance with national, Regional and Local Guidance. The proposed scheme provides a variety of house types ensuring a mix of households for a sustainable community. The proposal makes efficient use of a previously derelict contaminated brown field site, which can be remediated for human habitation. Remediation would be strictly regulated by Pollution control and the Health and Safety Executive, which would protect local residents in addition only licensed contractors can work with asbestos on the site. Access and parking levels to the site are considered acceptable and will not have a detrimental impact on the highway network and will nor prejudice highway safety. An acceptable landscaping scheme incorporating public open space and a locally equipped are of play is being provided and appropriate mitigation for loss of biodiversity is to be provided A section 106 Legal Agreement will be entered into for affordable housing, pos and LEAP, Management Agreement, Bus stops and shelters, vehicular monitoring and Transport Improvement Bond. A travel plan has also been agreed. ======Introduction
1. This planning application seeks permission for the erection of 212 residential units including public open space and locally equipped area of play, with associated remedial work including importation of inert fill materials on approx 5.13 ha of land (Being resubmission of application refused under Ref: 07/01996/FULA on 26.10.2007).
2. The planning application is being presented to Committee due to the proposal being a departure from the provisions of the development plan. Should Members recommend the application favourably, then it will need to be referred to the Government Office for Yorkshire and The Humber for determination as the development involves more than 150 dwellings.
Site and Surroundings
1. The site is located to the eastern edge of Mexborough on land which was formerly occupied by Mexborough Power Station and is accessed via Doncaster Road to the north of the site.
2. The site is roughly a ‘U’ shape and is bounded by the Sheffield and South Yorkshire Navigation Canal and tow path to the North West and the River Don and the adjacent Doncaster to Sheffield railway line, to the south west.
3. In the middle of the ‘U’ shape there is a large substation which is fenced off and is surrounded on three sides by the development site. This substation is to remain in operation and is serviced by overhead cables.
4. The Denaby Waste Water Treatment Works (WWTW), which have just undergone major improvements and are now fully functional is located to the south east on the edge of the settlement of Denaby within 400m of the site. This WWTW takes waste from two decommissioned WWTWs at Burcroft and Mexborough.
5. The site is within a short distance of a Site of Scientific Interest (old Denaby Ings and River Oxbow) to the south east of the site.
6. The site is relatively flat, however there is an oval depression in the land, which is the subject of an extant minerals application to fill it to provide a development platform. This permission would need to be implemented to facilitate the development applied.
7. The site has been derelict for a number of years and contains areas of concrete hard standing, rubble, concrete foundations and remaining basement voids. The former use of the site as a Power Station has resulted in a vacant contaminated brown field site which is overgrown in places with areas of self set trees and shrubs. The north east boundary with the canal and tow path is well screened with trees and shrubs with trees located to the south east and northern parts of the site. Japanese Knotweed has also been found on the boundaries of the site with the Canal.
History
1. The site was formerly occupied by Mexborough Power Station, which was demolished in the 1980’s. 2. Planning application 01/4333 granted 27/12/01 for the formation of a new site access.
3. Planning application 94/0091 granted 21/11/94 for outline permission for industrial (B2) and commercial distribution (B8) on approximately 5.94 ha of land.
4. Planning application 05/02033/TIP was granted on 10/10/05 for the infilling of existing void to create development platform.
5. Planning application 07/02722/TIP was granted 16/11/07 for the infilling of existing void with inert waste to create development platform without compliance with condition 3 time limits. This permission was a section 73 application which effectively extended the time of the 05/02033/TIP permission. The permission allows three years to commence the development and 2 years upon commencement of the operational development to complete it.
6. Planning application 07/01996 refused 26/10/07 for the erection of 189 dwellings with associated remedial work including importation of inert fill materials on approx 5.13 Ha of land. There were 6 reasons for refusal regarding: insufficient information as to why the site should not be used for employment, odour from sewage works and noise from substation, poor quality layout and design, insufficient information on pollution, nature conservation and lack of information concerning trees.
Development Plan Allocation
1. Within the Doncaster Unitary Development Plan adopted 1998 the site is allocated within a Mixed Use Regeneration Project, policy RP4 - Don Dearne Valley, the map which accompanies this policy identifies the site for industrial (B1,B2 and B8) and leisure use opportunities.
Consultation Responses
1. LDF Housing Team - have commented that their comments are in the context of those provided by the LDF Employment team and are dependent upon agreement being reached that the loss of employment land (either across the whole site or across part of it as part of a mixed use development) is acceptable.
The site is less than ideal for housing being physically separated from the town but it lies within the settlement boundary (as defined in the UDP), is brownfield, and will make a valuable contribution to housing supply to meet the requirement for Mexborough. It is noted that the applicant's planning statement argues that the Council has not demonstrated a 5 year supply of housing land; this is disputed; this site is not needed at this time to meet a 5- year supply. However on balance and subject to the above employment land policy context the Housing team would not wish to raise any objections to the development of this site for housing subject to the following:
Layout and design, open space provision: The provision of 26% affordable housing on site of a type/tenure to be agreed with us or a smaller amount if, and only if, justified by an appropriate viability appraisal carried out in accordance with our Interim Planning Position Statement as amended. Being satisfied that the EA are satisfied that this site is Flood Zone 1 and therefore satisfies the sequential test set out in the Interim Planning Position Statement. Attention is also drawn to the access improvements (in respect of non-car modes) detailed in our previous consultation response (Michael Whitehead 25 January, 2008)links to canal towpath, travel master tickets and an additional bus stop near to the entrance to the site. The mix of housing types should complement the Pathfinder housing renewal programme.
2. LDF Employment - Have commented that in summary it is considered that the site meets the tests set out in Planning Position Statement 3 - Employment in Doncaster and that there are no employment objections to the application.
3. Housing Market Renewal Pathfinder (Urban Design) - Requested further information from the applicants which was received , which acknowledges the fact that the site is within a Housing Market Renewal Pathfinder Area and the that the scheme does not intend to conflict with DMBC’s broader regeneration programme but aims to support it in terms of housing numbers , affordability and quality.
4. British Waterways - Have made the following comments, we welcome the principle of the proposed residential development with access to the waterfront. In general, the siting and orientation of new buildings should positively address the waterway by fronting the water and providing an attractive facade. The new buildings should overlook the waterway and any adjoining open spaces to provide natural surveillance and policing. Rear and side elevations should generally be avoided and amenity space should only be provided where dwellings will front the waterway so providing a level of natural surveillance. An appropriate design approach is to consider development with secured and overlooked rear service and parking areas with semi-private access to the frontage from the waterway. Pedestrian circulation should be created between and within the development and the waterfront, as well as establishing strong and direct linkages and connections to places beyond it. The towpath should be used as an integral part of the mixed use or residential scheme and ideally where possible the towpath should be upgraded or even widened to ensure that increased pedestrian numbers can be accommodated safely as part of the development. The waterway should be treated as a ‘pedestrianised street’ with the development being accessed from the towpath.
As part of this, BW supports the use of the towing path as sustainable transport routes for both walking and cycling. Planning a Future for the Inland Waterways (IWAAC, December 2001) states that waterways corridors have a useful role to play in widening travel choices, providing opportunities for cycling, walking, alternative public transport and green routes. To ensure long term use of towpaths as sustainable route, investment and maintenance are needed. We note that the red line application boundary does not extend to the waterfront and excludes the towpath, although three pedestrian routes connect the site with the towpath. To further improve connectivity between the proposed development and the waterfront and towpath, we recommend that the red line of the application site be extended to the waterfront. We also suggest that as the development will lead to an increase in the use of the towpath, from leisure users and commuters linking to Mexborough Railway Station, which will increase wear and tear on the towpath, the towpath is upgraded and its future maintenance is funded by the developer. BW receives no specific central grant funding to invest in and maintain towpaths. It is therefore crucial to improve the pedestrian networks along the canal corridor by encouraging planning conditions or obligations to improve towpath surfacing and access for all, and create and more inviting, less intimidating routeways. We would like to reinforce that permission is required to discharge surface water into the navigation and we suggest that the applicant contact our estates team to discuss this matter further.
In relation to planting, any vegetation removal should be kept to a minimum to maintain both the existing character of the area and its habitat value. Hedges and trees owned by British Waterways must not be affected without prior approval. All new planting should seek to use locally appropriate, native species that will create viable areas for habitat development.
5. Environmental Planning Landscape - Extensive pre-application discussion has taken place and the design layout has evolved through a series of iterations resulting in the current landscape proposals. Although the proposals are indicative they show sufficient detail for the scheme to be interpreted clearly. The design takes account of a number of site constraints including an electricity substation which is unsightly. The site’s former use as a power station resulted in its contamination by asbestos and the proposals include for remediation by capping. The development of the site for housing and an area of public open space will reclaim an area of derelict land to beneficial use in accordance with UDP Policy 67. It should improve the appearance of site and enhance the biodiversity of the river Don and Sheffield and South Yorkshire Navigation through retention of existing scrub, trees and new planting. Access to the canal towpath and riverside is provided as a recreational resource. An area of public open space and local area of equipped play (LEAP) is provided within the scheme in compliance with UPD Policy RL4. The areas of open space and habitat creation are to be maintained by a land management company. A comprehensive hard and soft landscape scheme has been submitted in accordance with UDP Policy ENV 60 and the Borough Strategy which is acceptable. Therefore recommend approval of the landscape proposals subject to conditions.
6. Environmental Planning Ecology - Generally content with the quality of the ecological surveys undertaken. However, the issue of Japanese knotweed was raised in both the ecological assessment and detailed vegetation survey, without any mention of how this was going to be removed from the site. would like to see a more detailed Japanese knotweed survey undertaken to assess the extent of the problem and an appropriate mitigation strategy produced for the site to ensure adequate control. Regarding protected species measures should be put in place to ensure the prevention of pollution or run off into the surrounding watercourses in order to reduce potential impacts on both otter and water vole. ENV 43 covers this as a non-designated site. At present the site is mainly Post-Industrial Brownfield and hence covered within the LBAP. The measures proposed to create wildflower meadow go some way towards maintaining the biodiversity interest of the area however the use of seed collected on site is questionable. It may be more appropriate to consider sourcing seed from a local example of the type of grassland that is targeted for creation. In addition it would be good to see translocation of the bee orchids on site into the wildflower meadow. It is also considered that the development as proposed will still result in a net loss of habitat for birds. Therefore additional enhancement measures such as the installation of bird boxes is suggested and covered by condition. There are two Sites of Special Scientific Interest (SSI) wildlife sites near the site but the nature of the development should not adversely impact upon either of the sites. ENV 44 considers the protection and enhancement of wildlife corridors. The proposals seek to retain and enhance, by additional planting, the vegetation corridors along the canal and river as well as proposing protection measures for the existing vegetation.
7. Environment Planning Trees and hedgerows - condition requested
8. Public Rights of Way - Confirm that no public rights of way appear to be affected by the proposals. Also they are not aware of any claims across the land, however this does not preclude public rights of way being shown to exist at a later date.
9. South Yorkshire Fire and rescue Service - Have commented that access should comply to standards and pumping appliances are 26 tonnes.
10. South Yorkshire Mining Advisory - Have produced a report giving advice on geology, mining and former land use in relation to the site.
11. Natural England - Have commented that the ecological survey indicates no protected species on site and are satisfied with the survey work undertaken and conclusions of the surveys that development is unlikely to impact on protected species, however if any found work must cease. The proposal will result in the removal of large areas of vegetation in order to prepare the site for residential development. Although the site does not have any designations, it is covered by the Doncaster BAP for Post-Industrial Derelict and Degraded Land. Hence, the site does offer a good example of successional habitat which will be lost due to the development. Hence Natural England would like to see the developer include habitats that are to be lost in the landscape plan. This would include areas of scrub and woodland and replacement refugia. We are pleased that patches of vegetation around the edges of the site are to be maintained as this will create continuity of habitat. Planting should consist of native species of local provenance in order to maximise the biodiversity potential of the site.
We note that Japanese knotweed and Himalayan balsam are present on the site. It is an offence under section 14(2) of the Wildlife and Countryside Act 1981 to "plant or otherwise cause to grow in the wild" any plant listed in Schedule 9, Part II to the Act. This includes Japanese knotweed. Japanese knotweed should be removed and disposed of as controlled waste. More information on non-native invasive species and their removal can be found on the Natural England website.
Building-in biodiversity PPS9:
This site offers many opportunities for the successful building-in of biodiversity in accordance with PPS9:
The re-use of previously developed land for new development makes a major contribution to sustainable development by reducing the amount of countryside and undeveloped land that needs to be used. However, where such sites have significant biodiversity or geological interest of recognised local importance, local planning authorities, together with developers, should aim to retain this interest or incorporate it into any development of the site. Development proposals provide many opportunities for building-in beneficial biodiversity or geological features as part of good design. When considering proposals, local planning authorities should maximise such opportunities in and around developments, using planning obligations where appropriate. We are pleased that the developer intends to improve the river and canal corridors by maintaining the vegetation on the banks and providing extra planting to increase the amount of riverside habitat for wildlife. Vegetation that is to be retained should be protected during the development work. In addition, we would advise the installation of an artificial otter holt along the river corridor. The improved river corridor will offer excellent foraging habitat for bats. We would advise the developer to install bat bricks and boxes in the buildings close to the river to provide rooting opportunities. Additionally buildings can be designed in order to provide suitable sites for nesting birds. These measures would help the development to be in accordance with PPS9.
Public Open Space:
We are pleased that public open space (POS) is being provided as part of this development. The designated area will act as green infrastructure, linking in to existing planting in the south of the site. Whilst we welcome the POS in principle, we would advise that the developer reconsiders the design of the area in order to maximise its biodiversity potential. The landscape plan indicates that the POS will consist of mainly turf with a winding path and standard trees. We would advise that the POS is planted more imaginatively without large expanses of amenity-turf, which has little biodiversity value. Reference is made to the planting of wildflower meadow. Natural England would support this, although it is unclear from the plans what part of the POS this would involve. A grassland management plan should be drawn up by the developer which includes details on mowing and collection of clippings. Species-rich grasslands form on nutrient-poor soils, therefore, cuttings should be removed after mowing in order to prevent them decomposing and adding nutrients to the soil.
We welcome the native buffer of shrubs and trees that will be planted on the eastern side of the POS in order to mask the electricity substation. On the western edge, the developer has proposed to plant ornamental shrubs. We would advise against the use of ornamental non- native shrubs in this part of the site as they are of lower biodiversity value than native species of local provenance. If used, non-native species should only be planted as street trees or in gardens, however, even for these purposes it is preferable to use native species. We are pleased the developer intends to maintain continuity of habitat by collecting seeds from existing plants before the site is subject to remedial works. This should be carried out at an appropriate time of year with special focus on the species of importance outlined in the vegetation survey. In addition, prior to the capping of the site, the developer should ensure that the topsoil used to cap the site is of suitable nutrient and mineral content to support the species for which, seed has been collected.
Drainage:
We note that SUDS are not recommended at this site due to contamination of the ground surface. As the site is to be raised by 600mm and topped with a largely hard surface, it is possible that run-off rates will increase, especially with the effects of climate change. Hence, we would advise the developer to ensure that the development does not place undue pressure upon the existing drainage system as this could exacerbate flooding further downstream. The installation of rainwater harvesting systems could help alleviate the pressure upon the drainage system. In addition, green roofs can help to attenuate flows as well as regulating building temperatures and providing habitat for invertebrates and birds. It is the advice of Natural England that the developer should consider installing rainwater harvesting systems and green roofs at the site.
Sustainability:
We are pleased to note that the developer intends to recycle on-site materials and source other materials locally. This will help the development to fit in with the local vernacular.
12. Health and Safety Executive - have commented that there is no requirement for Health and safety to be consulted. Having checked their records they believe there are no major hazard sites or pipelines within the vicinity.
13. Highways Development Control - Amended plans satisfactory from a highways point of view. Conditions requested.
14. South Yorkshire Passenger Transport Executive - Have commented that Doncaster Road although well served by bus services there are currently no public access points located within an attractive walk of the site. The developer should provide two new stops with quality shelters fitted with real time public transport information displays to increase public transport ease of use, close to the proposed site access. 400m is considered the maximum acceptable distance to walking distance to access public transport. The provision of stops would bring most of the site within a 400m walk of the bus corridor. Concerns are raised about the southern extreme of the site however the provision of an attractive safe and direct walk route should increase the likelihood of residents walking further. The developer should also be conditioned to provide each household with a public transport season ticket for one year.
15. Strategic Transportation Unit - Have accepted the technical assessment in the amended Transport Assessment and have accepted the amended Travel plan as a framework document. Recommendations through a section 106 legal agreement are that two bus shelters are provided, vehicular monitoring take place for a 5 year period and a transport bond for £90,000. Conditions have also been requested for cycle provision and provision of a detailed Travel Plan.
16. Pollution Control Air Quality - Have commented that due to the size of the development that the developer needs to carry out an Air Quality Assessment, which needs to be completed prior to commencement of the development.
17. Pollution Control - Have commented that following several site investigation reports in 2007 and considering the past industrial use and proposed sensitive end use of the site conditions should be attached to any positive decision.
18. Environmental Health (Noise Assessment/olfactory and Odour) - Have commented that the submitted noise survey indicates the site is categorised within Noise exposure categories B and C Noise Exposure Category B states, Noise should be taken into account and steps taken to ensure an adequate level of protection against noise. Noise Exposure Category C states that, Planning permission should not normally be granted. Where it is considered that planning permission should be given, for example, because there are no alternative, quieter sites available, conditions should be imposed to ensure a commensurate level of protection against noise. If planning policy allows for development of this site, appropriate conditions should be required to ensure the properties are not adversely affected by road and train noise and noise from the electrical sub-station. The Public Health Team would advise that any noise attenuation measures that are to be applied, should reduce the sound levels to those specified in the World Health Organisation: 2000 guidance on acceptable sound levels in dwellings, which states the following levels:
Indoors generally 35 dBA Leq for speech intelligibility and moderate annoyance
Bedrooms 30 dBA Leq to avoid sleep 45 dBA Lmax disturbance
Mitigating measures advised to be undertaken - in accordance with the noise report provided by the Applicant, in order to achieve a suitable level of amenity for the proposed dwellings and to existing noise sensitive sites, it is recommended that the following acoustic attenuation measures itemised in Section 6 of the report are be applied at the site, as follows: Remediation and construction works would usually be subject to control by planning conditions and the following points are considered reasonable to control and minimise noise impacts from such activities. Given the absence of detailed information regarding remediation and construction methods and programmes, it is recommended that Best Practicable Means should be employed to minimize remediation and construction and demolition impacts in line with the guidance given in BS 5228 ‘Noise and Vibration Control on Construction and Open Sites.
Odour issues/olfactory report:
This Directorate is not objecting to the application but we do have concerns as the site is within 400m of Denaby sewage treatment works. An odour assessment has been conducted by the applicant in conjunction with Yorkshire Water, this has identified that odour from the STW should not cause nuisance on the site. However if the application is granted and odour complaints are received an investigation would be carried out and an assessment of statutory nuisance under the Environmental Protection Act 1990 will be made and if necessary action taken under this Act.
19. Land Drainage - Conditions and informatives have been suggested
20. Environment Agency - Have no objections to the development subject to the inclusion of conditions on any permission granted, relating to flood risk, Ground Water and Contaminated Land, Biodiversity, Pollution Prevention and Waste Management. As no development is proposed on land which is at risk from flooding, it is our view that there should be no requirement for the Sequential Test to be undertaken.
21. Urban Design - The revised proposals have overcome a number of key issues set out in the building for life assessment. The original score of 10.5 has been reviewed and the score is now around 14 (or Building for life good) particularly if on site renewables can be secured. To achieve BFl 'good' is no easy task considering the site constraints, and has been the result of a long-period of negotiation on design issues. The efforts the applicants have gone to, to create a good quality scheme is commendable and is a positive aspect of the proposals. 22. South Yorkshire Archaeology (SYAS) - Have commented that the ground has been heavily disturbed across the entire site and consequently the archaeological potential is very low. Therefore SYAS advise there are no archaeological implications with the proposed development.
23. CE Electric UK - Have provided information on apparatus in the area.
24. Yorkshire Water - objected to the previous application on this site due to the proximity of Denaby Waste Water Treatment Works. That application was subsequently refused. However, in the interim period, YW has undertaken a major improvement scheme at the site to ensure compliance with the Freshwater Fisheries Directive. As a result, the treatment technology has changed to one that has far less risk of producing malodours and/or flies that could lead to a loss of amenity to nearby occupiers of residential or similar development. Additionally, the developer has undertaken a programme of odour modelling that has demonstrated that the risk of odour problems arising is much reduced. We are therefore not objecting to the current application but the developer and the Local Planning Authority should be aware that given the proximity of the site to the WWTW there is still the chance of residents experience occasional malodours because of operations on the WWTW or weather conditions.
25. Neighbourhood Manager (Mexborough) - Have commented that as far as the project goes it looks like a good scheme but they have questions (which they think will have been covered in the planning proposal) with regard: the area flooded in 2007, nearness of properties to substation, access onto main road via Bambury bridge, land contamination from former use as a power station.
26. The Yorkshire and Humber Assembly - have commented that the proposed development raises issues in relation to the implementation of the Regional Spatial Strategy May 2008. The most significant are in relation to proposed scale, nature, and location of the development . The Assembly concludes that if the local authority were to approve the application: It would need to be confident that an appropriate mix of employment sites remained in Mexborough, in order for it to fulfil its role as a Principal Town. The housing mix should reflect a local needs assessment and the need for an appropriate housing mix. There should be a requirement for a least 10% of the energy to be used to come from on-site renewable energy sources. It would need to ensure that there is adequate public transport provision and provision for walking and cycling to meet the accessibility criteria of current and draft RSS.
27. South Yorkshire Architectural Liaison Officer - has commented that having reviewed the latest plans he can confirm that recommendations made previously to improve safety and security on site have been incorporated and the site is now acceptable.
Publicity Responses
1. The planning application has been advertised in the press and by site notices. One letter of objection has been received with regards to: The development of the site will expose local residents including the objector and his wife to health problems due to the disturbance of asbestos buried at the site after the power station was decommissioned. Local environmental groups also expressed concerns in the local press at that time. The objector trusts the Council will once again make the public interest paramount in reaching a decision.
Assessment of Proposal
1. Members will recall that a similar application on this site was previously refused in 2007 for 189 dwellings. Since then considerable pre application discussions have taken place with the applicants and consultees in addressing the reasons for the previous refusal, which has resulted in this resubmission.
2. Within the Doncaster Unitary Development Plan adopted 1998 the site is allocated within a Mixed Use Regeneration Project, policy RP4 - Don Dearne Valley, the map which accompanies this policy identifies the site for industrial (B1,B2 and B8) and leisure use opportunities. The site has therefore been advertised as a departure from the provisions of the development plan as a housing development is not an identified use for the site.
3. Information from the applicants was submitted in line with the requirements of the Interim Planning Policy Statement 3 Employment in Doncaster (IPPS-3). The applicants were requested to submit additional information over marketing, availability and suitability of other sites and justification as to why the site is not suitable for mixed use.
4. The additional information was submitted and it is considered that the applicant has demonstrated that: the site is not suitable or required for employment uses e.g. there are adequate more suitable sites available elsewhere in the Borough and beyond, and that issues such as remediation costs mean that the site is unviable for employment or mixed use; and that there is also no market interest in the site for these same reasons. It is considered that the site meets the tests set out in Planning Position Statement 3 - Employment in Doncaster and that there is no employment planning policy objection to the application.
5. The application site is within the settlement boundary of Mexborough although it is physically separated from it by the canal, the site has been vacant and derelict since the Power station was decommissioned and demolished in the 1980’s. The site is also classed as brownfield.
6. The land has been left contaminated by its former use as a power station and some investigation reports and specification for remedial and preparatory works have taken place and been submitted with the application. Both the Environment Agency and Pollution Control have recommended conditions for the remediation of the site to make it safe for human habitation and for the protection of controlled waters. A flood risk assessment was submitted with the application and the Environment Agency has confirmed that no development is proposed on land, which is at risk from at flooding. With the conditions proposed it will ensure the development complies with policies PU6 and PU10, which deal with land drainage and river quality and pollution, ENV69 development on potentially contaminated land. Prior to the first occupation of the site it will be safe for human habitation. The build programme for the site is to proposed to be in five phases and is estimated to take nearly 8 years to complete.
7. Concern has been raised by a local resident over asbestos contamination, should any be found on the site its remediation would be strictly regulated by Pollution control and the Health and safety executive in addition only licensed contractors can work with asbestos. 8. The site is physically separated from the town of Mexborough, but it lies within the settlement boundary (as defined in the UDP), the site is classed as brownfield, and will make a valuable contribution to housing supply to meet the requirement for Mexborough, however this site is not needed at this time to meet a 5-year supply. However on balance no housing policy objections to the development of this site are raised. The site is located within a Housing Market Renewal Pathfinder area and the applicant have acknowledged this and that their housing scheme does not intend to conflict with DMBC’s broader regeneration programme but aims to support it in terms of housing numbers, affordability and quality.
9. The proposal complies with policies YH5 and YH7 of the RSS 2008 as Mexborough is a principal town and housing is a use identified that principal towns should be the main local focus for. Priority should also be given to the re-use of previously developed land, which this site is classified as.
Design Appraisal
10. It is considered that the proposal addresses Policies PH13, which seeks to promote high standards of development. Policy ENV52, which seeks to ensure development respects its setting and achieves the highest standards of design possible and ENV53, which deals with the scale and appearance of new development having regard for its wider visual impact.
11. The previous application was refused partly due to design issues and that the site is within 150m of the Waste Water Treatment Works (WWTW) at Denaby, which is less than the 400m recommended in the Policy PH13(a). Since this time the applicants have worked hard to overcome these issues. In the interim period from the original application being refused, Yorkshire Water has undertaken a major improvement scheme at the Denaby site to ensure compliance with the Freshwater Fisheries Directive. As a result, the treatment technology has changed to one that has far less risk of producing malodours and/or flies that could lead to a loss of amenity to nearby occupiers of residential or similar development. Additionally, the developer has undertaken a programme of odour modelling that has demonstrated that the risk of odour problems arising is much reduced. However, due to that the proximity of the site to the WWTW there is still the chance of residents experience occasional malodours because of operations on the WWTW or weather conditions. Yorkshire Water have not objected to the proposal and Environmental Health although concerned about the proximity of the site to the WWTW have not objected but have stated that if complaints are received an investigation would be carried out and an assessment of statutory nuisance under the Environmental Protection Act 1990 will be made and if necessary action taken under this Act. Concern was raised over noise from the electricity substation the developer are providing a landscaped gabion bund with 2m high acoustic fencing on top and Environmental health have recommended conditions.
12. In relation to design, the applicants have been involved in detailed negotiations with the Councils Urban Renaissance Team both at pre application stage and since its submission. The applicants have amended the layout and reduced the number of units from 217 to 212 and introduced new house types, which have helped to overcome the earlier issues relating to density and car parking. It is considered that the scheme relates well to its surroundings, the land on which the application site is situated is bounded by the River Don and the Canal and includes two pedestrian links to the canal tow path and surrounding areas. The layout is well structured and contains a series of interesting streets and spaces that contain a good range of accommodation both in flats and houses, comprising of one to five bedrooms, ensuring the provision of homes for a mix of households which in turn will create a sustainable community in a safe and secure layout. This is in line with the Policy H5 of the Regional Spatial Strategy.
13. The public realm has been downgraded to create shared streets and spaces, which prioritise pedestrian movement and safety. The scheme contains an area of open space, which includes a locally equipped area of play (LEAP), which is well located and overlooked by surrounding houses. Parking is well laid out and does not dominate the street scene, cars are in parking areas to the rear of many properties and on the main spine road parking lay- bys have been introduced providing visitor parking. Streets will include landscaping and different surface treatments. The proposed dwellings vary in height, ranging from two to three and a half storeys providing a variety of interest into the street scene. Good quality materials will be used including a variety of brick colours and render. The homes will collectively create a distinctive new character for the development.
14. Building for Life is the national standard for assessing the quality of new homes. The site has been subject to an internal Building for Life assessment which has confirmed the proposals are acceptable in design terms, particularly if the Council's requirement for 10% on-site renewables is secured. The assessment suggests the scheme may be capable of achieving a score of 14 Building for Life Credits, which would potentially make it one of the first schemes in the Borough eligible to achieve a Building for Life award for housing design quality. The applicant has incorporated recommendations made by South Yorkshire Architectural Liaison Officer to improve safety and security and is now working towards Secured by Design accreditation.
Public Open Space
15. As the site is being developed with more than 10 family units and because Mexborough is deficient in public open space, the developer is providing 15% of the site as amenity area and providing a locally equipped area of play (LEAP) in accordance with policy RL4 of the Doncaster Unitary Development Plan. The play area is positioned to the south western part of the site and is overlooked by properties and fenced providing a safe environment. To the rear of the play area is the substation, which is screened by a landscaped gabion wall with two metre, timber acoustic fence on top of it.
16. The public open space and LEAP are to be provided and maintained under a management agreement by the developer and will be dealt with under the terms of a section 106 Legal Agreement. The landscaping of the public open space will commence in phase two of the build programme as a safe route will then exist to the area. Provision of the LEAP and completion of the POS will take place prior to first occupation of the phase 5 build programme as the area by then will be overlooked by properties on the development creating a safer environment.
Affordable Housing
17. The development is providing over 15 residential properties and in accordance with PPS3 Housing and the Councils Interim Planning Position Statement, Affordable Housing in Doncaster, the developer is required to provide 26% of the total number of units as affordable units on the site unless an affordable housing viability statement is submitted. The RSS policy H4 also deals with the provision of affordable housing and recommends that up to 30% of new housing may need to be affordable housing in our region.
18. The Applicants have submitted a an affordable housing viability statement, which indicates that the financial viability of the site would not be sufficient to provide any affordable housing. This is a reflection of the current economic climate and the significant costs involved in contaminated land remediation. The Councils own independent advisors agree with this position adding that affordable housing could only be achieved if all funding was obtained from the Homes and Community Agency (HCA), Registered Social Landlords or public source of funding.
19. The development is likely to be carried out over an 8 year period. In that time economic circumstances could change significantly, therefore Officers are currently investigating the best means to be able to review the position over this time and be able to secure affordable housing in later phases of the development, under a more buoyant economy. This might be best achieved through a section 106 Legal agreement or by a condition.
Trees Ecology and Landscaping
20. Policies ENV59, ENV43, ENV44 and ENV60 deal with protecting existing trees and hedgerows, conserving and enhancing existing features of nature conservation and comprehensive schemes of landscaping.
21. The site has been derelict for a number of years and contains areas of concrete hard standing, rubble, concrete foundations and remaining basement voids. The site is overgrown in places with areas of self set trees and shrubs. The development of the site for housing and an area of public open space will reclaim an area of derelict land to beneficial use in accordance with UDP Policy 67. The north east boundary with the canal and tow path is well screened with trees and shrubs with trees located to the south east and northern parts of the site. Japanese Knotweed has also been found on the boundaries of the site with the Canal.
22. The self set trees and shrubs on the site are to be removed and a scheme for dealing with the Japanese Knot weed will need to be submitted. The remediation of the site will maintain the perimeter vegetation. A comprehensive hard and soft landscape scheme has been submitted, which is considered acceptable and in line with policies ENV 59 and 60 and the Borough Strategy. The scheme indicates landscaping to the amenity area, the inclusion of trees within the highway boundary, landscaping on the street frontages and parking areas, additional tree planting to the boundaries and wild flower meadow creation.
23. It is considered that even with the wild flower meadow, which will go towards maintaining biodiversity interest within the application site, that there will be a net loss of habitat for birds, therefore a condition is attached for additional enhancements, which will include bird boxes. Two Sites of Scientific Interest are in close proximity to the site, but it is not considered that the development will adversely impact upon them. The landscaping proposals see the wildlife corridors protected and additional planting taking place to enhance them along the River Don and the Canal in line with policies ENV43 and 44. Access and Highways
24. Policy T5 relates to highway safety and sates the Borough Council will seek to ensure that any proposals for new development are located where the traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion or amenity.
25. Vehicular access to the site is via an existing access, which exists off Doncaster Road. During the course of the application it has been amended and Highways Development Control have raised no objections.
26. The development provides 1 resident parking space per apartment, with overall resident parking at a ratio of 1.52 per unit. Some of the properties although they have a frontage with the main spine road within the development their vehicular access is at the rear of the properties via a court yard arrangement. Some visitor parking spaces have also been designated within these areas. Visitor spaces have been allocated in designated parking bays on the main spine road and trees are also being planted in the highway to soften the appearance of the street scene and to help denote spaces. Cycle storage facilities are also being provided for each apartment on the basis of one cycle per apartment.
27. In addition to the main access to the site there are two pedestrian accesses from the site, which link in to the towpath which runs alongside the canal, to the North West boundary of the site.
28. The Strategic Transportation Unit have also received an amended Transport Assessment (TA) and have accepted the technical assessment put forward in the TA. The Travel Plan for the site is acceptable as the framework document for the site and to act as the interim travel plan, until the development is operational and the travel characteristics can be estimated. Conditions have been requested.
29. It is considered that the proposed development does not have a material impact (above 10% increase) on the Pastures Road and Doncaster Road Junction, there is still a need to work towards a minimal impact on the junction and the methods for this site is through the travel plan, monitoring of its effectiveness and the inclusion of a Transport Improvement Bond provided in the amount of £90,000 in the event that traffic levels for the site are above those agreed in the TA. The aim is for a 2% reduction target year on year of the trips accounted for in the TA.
30. South Yorkshire Passenger Transport Executive requested the Developer to provide two new bus shelters and stops on Doncaster Road as close as possible to the site entrance by doing this the majority of the site will be within a 400m walking distance, which is considered an acceptable distance to access public transport.
31. The provision of the two bus stops, the vehicular monitoring and the Transport Improvement Bond will be subject to a Section 106 Legal Agreement.
32. The proposal is therefore considered to be in accordance with policy T5 of the Doncaster Unitary Development Plan, adopted in July 1988, and inline policy T1 and with tables 13.8 and 13.9 of the adopted Regional Spatial Strategy May 2008 which states development should make use of existing public transport services. Sustainability
33. Planning Policy Statement 1 Delivering Sustainable Development states that accessibility should be a key consideration in development decisions. This site is in an accessible location with regular bus services located on Doncaster Road. In addition the developer is providing cycle storage for each apartment and is committed to reducing travel trips from the site by 10%.
34. The developer is required by condition to provide 10% renewable energy on the development site. This is in accordance with policy ENV5 of The Regional Spatial Strategy. The developer intends to recycle on-site materials and source other materials locally.
35. PPS3 aims to promote the use of brownfield land to maximise the efficient use of land and locate residential developments in sustainable areas. The site was previously occupied by the Mexborough Power station and has been vacant since it was demolished in the 1980’s the density of the site is approx 41per ha just above the regionally recommended density of 38 per Ha. It is considered the development complies with these aims.
36. All buildings on the site are to be naturally ventilated, where possible properties have been orientated for maximum solar gain.
37. All of the properties will have energy efficient condensing boilers together with dual flush toilets and energy efficient light bulbs to contribute to the overall reduction in energy on the site.
38. Each dwelling will be provided with a water butt, composting bin, and outside washing line. Provision for the recycling waste. Provision is also being made available on site for contractors during construction to recycle waste.
39. Where possible all raw materials will be sourced from renewable sources and reclaimed materials will be used for the structure, floor and walls and materials sourced locally to the site.
Summary
40. It is considered that the use of this employment site is acceptable for housing purposes subject to conditions and a section 106 Legal Agreement being entered into. A derelict brownfield site which is contaminated will be reused and made fit for human habitation. The proposal is acceptable on highway grounds, acceptable landscaping and Public open space is being provided and the layout and design of the housing is acceptable within this location the scheme has scored 14 Building for Life Credits, which would potentially make it one of the first schemes in the Borough eligible to achieve a Building for Life award for housing design quality.
41. In light of the above the application is viewed favourably and recommended accordingly.
RECOMMENDATION
PLANNING COMMITTEE RESOLVE TO GRANT PLANNING PERMISSION FOR THE PROPOSED DEVELOPMENT, SUBJECT TO THE COMPLETION OF AN AGREEMENTUNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) IN RELATION TO THE FOLLOWING MATTERS:
A) AFFORDABLE HOUSING (UNLESS CONSIDERED APPROPRIATE BY CONDITION)
B) CONCURRENTLY WITH THE CARRYING OUT OF THE DEVELOPMENT HEREBY APPROVED, THE PUBLIC OPEN SPACE, LANDSCAPED AREAS, THE LOCALLY EQUIPPED AREA OF PLAY, SHALL BE LAID OUT, EQUIPPED AND MAINTAINED IN PERPETUITY IN ACCORDANCE WITH A SCHEME TO BE SUBMITTED TO AND APPROVED BY THE COUNCIL
C) A PRIVATE MANAGEMENT AGREEMENT, IN RESPECT OF THE MANAGEMENT AND MAINTENANCE OF PUBLIC OPEN SPACE AREAS, LOCALLY EQUIPPED AREA OF PLAY , LANDSCAPING AND FOOTPATHS NOT BEING ADOPTED SHALL BE SUBMITTED TO AND APPROVED BY THE COUNCIL AND THEREAFTER IMPLEMENTED IN ACCORDANCE WITH THAT APPROVAL.
D) PRIOR TO FIRST OCCUPATION ON THE SITE THERE SHALL BE THE PROVISION AND INSTALLATION OF TWO BUS STOPS AND SHELTERS EITHER SIDE OF DONCASTER ROAD IN CLOSE PROXIMITY TO THE SITE ENTRANCE.
E) VEHICULAR MONITORING OF THE SITE FOR A PERIOD OF 5 YEARS AFTER THE FIRST OCCUPATION OF THE SITE TAKES PLACE.
F) PROVISION OF A TRANSPORT IMPROVEMENT BOND TO THE AMOUNT OF £90,000 IN THE EVENT THAT THE TRAFFIC IS OVER WHAT HAS BEEN AGREED IN THE TRANSPORT ASSESSMENT.
THE HEAD OF PLANNING SERVICES BE AUTHORISED TO ISSUE THE PLANNING PERMISSION ON COMPLETION OF THE AGREEMENT.
AND
PLANNING COMMITTEE RESOLVE
A - TO INDICATE THEIR SUPPORT FOR THE PROPOSED DEVELOPMENT AND TO
B - AUTHORISE REFERRAL OF THE APPLICATION TO THE SECRETARY OF STATE FOR THE ENVIRONMENT FOR HIS CONSIDERATION AND AUTHORISE THE HEAD OF PLANNING SERVICES TO ISSUE THE DECISION NOTICE IF THE SECRETARY OF STATE RAISES NO OBJECTIONS.
C - THE HEAD OF PLANNING SERVICES BE GIVEN DELEGATED POWERS TO ADD AN ADDITIONAL CONDITION TO SECURE AFFORDABLE HOUSING PROVISION PRIOR TO THE DECISION NOTICE BEING ISSUED (IN THE EVENT THIS IS NOT DEALT WITH UNDER THE SECTION 106 LEGAL AGREEMENT).
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO SECTION 106 LEGAL AGREEMENT
01. SB021 The development to which this permission relates must be begun not later than the expiration of three years beginning with date of this permission. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.
02. U18260 The development hereby granted shall be carried out in accordance with the details shown on the approved plans and specifications including the details shown on the amended plans dated 17/12/08, 23/02/09, 23/03/09, 31/03/09, 05/05/09, 30/06/09 , Travel Plan 31/03/09 and Transport Assessment 31/03/09 ref A036077 issue 4. REASON To ensure that the development is carried out in accordance with the application as approved.
03. U18261 Prior to commencement of the development unless otherwise agreed in writing by the Local Planning Authority a landscape and ecological management plan shall be submitted and agreed in writing by the Local Planning Authority. This shall include details of the short term establishment and long term design objectives, management responsibilities and maintenance schedules of all the retained and created wildlife habitats as well as areas of public open space on site. Provision shall be made for the management measures outlined in this document to be implemented for the lifetime of the development. The landscape and ecological management plan shall be carried out as approved and any subsequent variations shall be agreed in writing by the Local Panning Authority.
The scheme shall include the following elements: - Details of all vegetation to be removed on site; - Details of the extent and type of new planting to the boundary of the site as indicated on the Landscape Master Plan amended plan dated 23/03/09. Planting is to be of native species of local provenance and in accordance with Doncaster Metropolitan Borough Council's Planning Guidance - Doncaster Landscape Character Types Tree and Shrub Planting. - Details of maintenance regimes of all retained, created habitats and areas of public open space; - Details of any new habitat created on site, including the extent and creation of an area of a wildflower meadow. - Existing vegetation and habitats along the Sheffield and South Yorkshire Navigation shall be retained unless an alternative scheme is agreed in writing with the Local Planning Authority (and enhanced by additional planting where appropriate). - Existing vegetation and habitats along the River Don shall be retained unless an alternative scheme is agreed in writing with the Local Planning Authority (and enhanced by additional planting by where appropriate). Some areas should be kept as only accessible by wildlife. - Details of how the buffers along the River Don and Sheffield and South Yorkshire Navigation will be treated and how they will be protected during construction; - Details of all improvement and mitigation proposals including provision of an artificial otter holt (unless otherwise agreed in writing by the LPA), installation of bat bricks and boxes in the buildings close to the river, installation of bird boxes and bird friendly nesting features on buildings across the site. - The buffer zone along the River Don must be at east 10m wide - as shown on Site Layout Drawing 29123/01R. This is the width from the bank top to any development (including gardens and formal landscaping). Some areas should be kept as only accessible by wildlife.
REASON In the interest of nature conservation and ecological enhancement and to ensure appropriate long term management of wildlife areas and landscape features.
04. U18262 Within 6 months of the remediation of the site the developer shall submit for approval of the Local Planning Authority in writing details of the following. 1. The location and species of trees and shrubs to be planted. 2. Detailed drawings and specification indicating the method of planting. Where planting is likely to damage the construction of the highway root deflectors or root barriers shall be used. Trees in hard landscaping shall be protected through use of kerbing; where appropriated barriers and/or tree guards to provide protection of the trees from traffic. REASON To ensure the successful establishment and maintenance of the landscape scheme.
05. U18263 The public open space and play shall be constructed in accordance with the Landscape Master Plan dwg.no.R/790/1K dated May 07 (amended plan dated 23/03/09) and Play Area Details dwg.no. R/790/4 and completed prior to the first occupation of phase 5 build programme of the development. A scheme to avoid or remove compaction of the open space shall be submitted and agreed in writing by the Local Planning Authority prior to the commencement of works on the public open space. The footpath with the play area and riverside walk shall be constructed to a detail standard to be submitted to and approved in writing by the Local Planning Authority. A lighting scheme shall be submitted and approved by the Local Planning Authority prior to construction of open space. REASON To ensure provision of safe and accessible public open space.
06. U18264 No development on site shall take place on site until a detailed soft and hard landscape scheme has been submitted to and approved in writing by the local planning authority in accordance with the landscape master plan dwg. No.R/790/1K (unless an alternative scheme is agreed in writing with the Local Planning Authority). The landscape scheme shall provide details of species, siting, planting distances and programme of planting. Planting is to be carried out during the first available season after commencement of the development and shall thereafter be maintained in accordance with the detailed management arrangements to be submitted to and approved in writing by the Local Planning Authority. Any tree or shrub planted as part of the scheme which is removed or severely damaged or is found to be dying or seriously diseased within five years of planting shall be replaced within the next available planting season with a tree or shrub of a similar size and species to be agreed in writing by the Local Planning Authority. The landscape scheme shall include proposals for the area of public open space and play area. REASON To ensure that a landscape/planting scheme is submitted and implemented in the interests of amenity.
07. U18265 Prior to the commencement of the development hereby granted a scheme of protection for the boundary hedgelines and trees shown for retention on the approved plan shall be submitted to the Local Planning Authority for approval. The protection shall be implemented on site in accordance with the council's adopted Supplementary Planning Guidance 'Planning for trees and hedgerows on development sites in Doncaster' before any equipment, machinery or materials have been brought on to site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority. REASON To ensure that retained boundary hedgelines and trees are protected from damage during construction
08. U19905 Before the development is brought into use that part of the site to be used by vehicles shall be properly laid out, drained, surfaced/sealed and or marked out in a manner to be approved in writing by the Local Planning Authority and shall thereafter be maintained to the agreement of the Local Planning Authority. REASON To encourage drivers to make use of the parking space and ensure that the use of land for this purpose will not give rise to mud hazards at entrance/exit points in the interests of public safety. 09. U18270 Prior to commencement of the development an air quality assessment should be completed. A diffusion tube survey lasting a minimum of 6 months is required to determine the baseline air quality in the area. Results must be reported to the Pollution Control Section within the Council and the Local Planning Authority, and a decision will be made as to whether further monitoring or air quality assessments need to be undertaken. REASON To protect public health.
10. U18276 The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by ARP Associates, ref. 374/03r10, dated September 2008 and the following mitigation measures detailed within the FRA: - Limiting the surface water run-off generated by the 1 in 100 year, plus climate change, critical storm so that it will not exceed 264 litres per second and not increase the risk of flooding off-site; - Identification and provision of safe route(s) into and out of the site to Doncaster Road; - Flood-proofing measures detailed on page 16, section 7.3 of the FRA; - The minimum floor level of any dwelling constructed on this site shall be 16.4m AOD; REASON To ensure the development is safe and will not increase flood risk elsewhere. To comply with PPS25 and ensure the recommendations made in the Flood Risk Assessment are implemented. To ensure that no development or land raising will take place below the modelled 1 in 100 year flood level, ensuring that flood risk is not increased elsewhere.
11. U18277 No development shall be commenced until detailed plans showing pre and post-development land levels have been submitted to and agreed in writing by the Local Planning Authority. The minimum ground level of the site shall be 16.1m AOD other than for the site entrance from Doncaster Road. The minimum ground level at the site entrance from Doncaster Road shall be 15.48m AOD. The development shall thereafter proceed only in strict accordance with the agreed plans. REASON To ensure there is no increase in the risk of flooding elsewhere as a result of the development.
12. U18278 There must be no new buildings, structures (including gates, walls and fences) or raised ground levels within 6 metres of the top of any bank of the River Don inside or along the boundary of the site, unless agreed otherwise in writing by the Local Planning Authority. REASONS To maintain access to the watercourse for maintenance or improvements and to ensure space is retained for overland flood flows. 13. U18275 Any proposed paving areas being greater than 5m², must be permeable or discharge to a permeable surface within the curtilage of the property. REASON In the interest of adequate drainage of the site.
14. U18282 Prior to the commencement of development, a detailed method statement for the removal or long-term management /eradication of Japanese knotweed on the site shall be submitted to and approved in writing by the local planning authority. The method statement shall include proposed measures to prevent the spread of Japanese knotweed during any operations such as mowing, strimming or soil movement. It shall also contain measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant covered under the Wildlife and Countryside Act 1981. Development shall proceed in accordance with the approved method statement. REASON Japanese knotweed is an invasive plant, the spread of which is prohibited under the Wildlife and Countryside Act 1981. Without measures to prevent its spread as a result of the development there would be the risk of an offence being committed and avoidable harm to the environment occurring. Information submitted with the application suggests that Japanese knotweed is found throughout the site.
15. U18283 The development hereby permitted shall not be commenced until a scheme for pollution prevention has been submitted to and agreed in writing by the Local Planning Authority. The scheme must include the following elements:- - Oil interceptors from parking and hardstanding areas; - Roof drainage sealed at ground level; - A settlement facility to remove suspended solids from run-off during construction works; The scheme shall thereafter proceed only in strict accordance with the agreed scheme. REASON To ensure that controlled waters such as the River Don are not polluted during the construction or operation of the development.
16. CLC1 No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being accepted and approved by the Local Planning Authority.
a) The contaminated land assessment shall include a desk study to be submitted to the Local Planning Authority for approval. The desk study shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be in accordance with CLR 9 - 11 and must be approved by the Local Planning Authority prior to investigations commencing on site. b) The site investigation, including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology and current best practice, e.g. CLR11 and PPS23.
c) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the Local Planning Authority. The Local Planning Authority shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters.
d) Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during the works contamination is encountered which has not previously been identified then all associated works should cease until the additional contamination is fully assessed and an appropriate remediation scheme agreed with the Local Planning Authority.
e) Upon completion of the works, this condition shall not be discharged until a validation report has been submitted to and approved by the Local Planning Authority. The validation report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the validation report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all validation data has been approved by the Local Planning Authority REASON To protect human health and controlled waters.
17. CLC2 Should any unexpected significant contamination be encountered during development all associated works should cease, and the Local Planning Authority be notified in writing immediately. A Remediation Strategy Report shall be submitted to the Local Planning Authority for approval. The associated works shall not re-commence until such time as all the validation data in accordance with the approved remediation strategy has been approved in writing by the Local Planning Authority. REASON To protect human health and controlled waters
18. CLC3 Any soil or soil forming materials brought to site for use in garden area, soft landscaping, filing and level raising shall be tested for contamination and suitability for use on site. Proposals for contamination testing including testing schedules, sampling frequencies and allowable contaminant concentrations (as determined by appropriate risk assessment) and source material information shall be submitted to and approved in writing by the Local Planning Authority prior to any soil or soil forming materials being brought onto site. The approved contamination testing shall then be carried out and validatory evidence (laboratory certificates, etc) submitted to and approved in writing by the Local Planning Authority prior to any soil and soil forming material being brought on to site. REASON To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to planning policy statement 23- Planning and Pollution Control.
19. U18284 Any noise attenuation measures that are to be applied, should reduce the sound levels to those specified in the World Health Organisation: 2000 guidance on acceptable sound levels in dwellings, which states the following levels:
- Indoors generally 35 dBA Leq for speech intelligibility and moderate annoyance
- Bedrooms 30 dBA Leq, 45 dBA Lmax to avoid sleep disturbance
REASON In the interest of public health and to ensure residents of properties are not adversley affected by Road, Train and noise from the electrical sub station
20. U18285 In order to achieve suitable levels of amenity for the proposed dwellings and to existing noise sensitive sites and during the remediation and construction phase of the development the Mitigation measures detailed in section 6 of the noise impact assessment referenced NIA/1618/08/1684 dated 20th October 2008 shall be implemented concurrently with the carrying out of the development. REASON: To safeguard the amenity of premises with regard to suitable noise levels.
21. DI09 Details of the method of the disposal of surface water from the development hereby permitted shall be submitted to and approved by the Local Planning Authority prior to the commencement of the development hereby granted. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development. REASON To ensure that details of the means of surface water disposal from the site are approved by the Local Planning Authority prior to the commencement of the development. 22. U18287 The site shall be developed with separate systems of drainage for foul and surface water on and off site. REASON In the interest of satisfactory and sustainable drainage
23. U18288 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the local planning authority before development commences. REASON To ensure that the site is properly drained and in order to prevent overloading of the public sewer network surface water is not discharged to the foul or combined sewerage system
24. U18289 No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the local planning authority. REASON To ensure that the development can be properly drained
25. U18290 Unless otherwise approved in writing by the local planning authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. REASON To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal
26. U19490 Within 6 months of commencement of the development hereby permitted, a scheme for generating 10 % of the predicted energy requirement of the development from decentralised renewable and/or low carbon sources (as defined in the glossary of Planning Policy Statement: Planning and Climate Change (December 2007) or any subsequent version) shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented before the development is first occupied and shall remain operational for the lifetime of the development. REASON In the interests of sustainability and to minimize the impact of the development on the effects of climate change.
27. U18540 Notwithstanding the details of the permission hereby granted nothing in this permission relates to the external material to be used in the development. Prior to the commencement of the development samples of the proposed external materials shall be submitted to and approved in writing by the Local Panning Authority. REASON To ensure the satisfactory appearance of the development.
28. U19521 Provision shall be made for each apartment unit within the site to have access to (a minimum of) one cycle storage facility. The storage will be in a safe, secure and accessible location within the development, and shall be built prior to the first occupation of the apartments it serves, in accordance with amended plan dated 30/06/09 and amended Lucca house types dated 30/06/09. REASON To accord with the Second South Yorkshire Local Transport Plan and Regional Transport Strategy to encourage the use of sustainable modes of transport and the potential for modal shift from car use.
29. U19524 Within one year from the first occupation on site, a detailed travel plan shall be submitted to the Local Planning Authority for approval the agreed travel plan shall then be implemented. The detailed travel plan shall build on the amended travel plan document submitted with the planning application for the site and will take account of the responses from the residential surveys, results of vehicle trip counts, and the sites potential to reduce car trips. REASON To ensure the site benefits from an up to date relevant travel plan that has the potential to encourage modal shift from car use.
01. U03036 INFORMATIVE The applicant/developer is advised to contact third party works engineer Ken Fowler 0113 281 6875, in order to ensure that any necessary consents are obtained and the works are compliant with the current British Waterways' "Code of Practice for Works affecting British Waterways.
02. U03038 INFORMATIVE Birds may be nesting in trees and shrubs proposed for removal. It is an offence under the Wildlife and Countryside Act 1981 (as amended) to disturb nesting birds, and vegetation removal should be timed therefore to avoid the nesting season (March to August inclusive).
03. U03039 INFORMATIVE Should bats be found during the demolition of any structures or during any development works, all works shall cease immediately and both Natural England and the LPA ecologist informed. Works shall not recommence until Natural England advises so.
04. U03040 INFORMATIVE Otter and water vole are fully protected under Schedule 9 of the Wildlife and Countryside Act 1981 (as amended). Measures should therefore be implemented to prevent pollution and run off into the watercourses surrounding the site. 05. U03058 INFORMATIVE Access for fire appliances is to conform to Building Regulations Approved Document B Volume 1 Part B5 Sect 11.2 - 11.5 inc. Pumping appliances in South Yorkshire will weigh 26 tonnes. Table 8 references to pumping appliances should read as 26 tonnes.
06. U03059 INFORMATIVE Highway engineering and surface water drainage details will be required to be submitted to the Local Planning Authority for inspection and approval before works commence on the site.
07. U03061 INFORMATIVE The written consent of the Environment Agency is required for any works on or near a watercourse. It is current best practice not to allow culverting of a watercourse other than for access purposes. The Developer shall make all owners/future owners aware of their riparian responsibilities in relation to the watercourse/culverted watercourse.
08. U03064 INFORMATIVE The drainage scheme proposed should provide a sustainable drainage strategy to include SuDS elements with attenuation, storage and treatment capacities incorporated as detailed in the CIRIA SUDS Manual (C697). Although ground conditions on this site may not be suitable for infiltration drainage SuDS solutions such as rainwater harvesting and green roofs should be investigated and incorporated into the development wherever possible.
09. U03103 INFORMATIVE Without prejudice, any noise or odour complaints received by the Public Health Team will be investigated in accordance with the current policies and procedures.
10. U03065 INFORMATIVE The applicant should be made aware that under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8 metres of the top of the bank of the River Don, designated a 'main river'. The Sheffield and South Yorkshire Navigation is under the control of British Waterways and their byelaws will apply.
11. U03066 INFORMATIVE In England, it is a legal requirement to have a site waste management plan (SWMP) for all new construction projects worth more than £300,000. The level of detail that your SWMP should contain depends on the estimated build cost, excluding VAT. You must still comply with the duty of care for waste. Because you will need to record all waste movements in one document, having a SWMP will help you to ensure you comply with the duty of care. Further information can be found at http://www.netregs-swmp.co.uk 12. U03067 INFORMATIVE Applicants should be aware that if any controlled waste is to be used on the site the operator will need to obtain the appropriate authorisation from the Environment Agency. If the operator wishes more specific advice they will need to contact the Environment Management Team at our Templeborough office on 08708 506506 or look at available guidance on our website http://www.environment-agency.gov.uk/subjects/waste
13. U03068 INFORMATIVE The applicant should be aware that the Duty of Care regulations for dealing with waste materials are applicable for any off-site movements of wastes. The developer as waste producer therefore has a duty of care to ensure all materials removed go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations. If any controlled waste is to be removed off site, then site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. If the operator wishes more specific advice they will need to contact the Environment Management Team at our Templeborough offices on 08708 506 506 or look at available guidance on our website www.environment- agency.gov.uk/subjects/waste/
14. IL121 INFORMATIVE The proposed development is within 250 metres of a landfill site about which insufficient information is known to permit an adequate response to be made on the extent to which landfill gas may be present on or off site.
15. IM131 INFORMATIVE Planning permission has been granted on the basis that there is no sound and clear cut reason to refuse. The applicant is, however, reminded that the responsibility for safe development and secure occupancy of the site rests with the Developer and accordingly is advised to consider the possibility of the presence or future presence of landfill gas and satisfy himself of any gas precaution measure which might be necessary.
16. ICOAL INFORMATIVE The proposed development lies within a coal mining area. In the circumstances Applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to effect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk. 17. U03070 Any noise or odours complaints received by the Public Health Team will be investigated in accordance with the current policies and procedures'.
18. U03332 INFORMATIVE The developer shall consider incorporating all possible sustainability features into the design of the proposed development. Schedule No: 3.
Application No: 09/00728/OUTA
Ward Armthorpe Parish Armthorpe Parish Council
Proposal Outline application for water based holiday lodge complex comprising up to 150 lodges, up to 24 touring caravan pitches, an aquacentre amenity building, lake activities and 9-hole golf course, together with expansion of the existing motorpark comprising a central hub building and additional tracks, parking, servicing, landscaping and ancillary paintballing
Location Huggin Lakes, Holme Wood Lane, Armthorpe, Doncaster
Applicant Blue Anchor Leisure Limited
Agent Mr I Griffin
Date of Valid Application: 25th March 2009
======
MAIN POINTS OF THE REPORT
* This application is presented to Committee as the proposal is considered locally significant and the application represents a Departure from the provisions of the adopted Doncaster Unitary Development Plan (U.D.P.). If Members give support to the application, it must, therefore, be referred to Government Office for Yorkshire and the Humber for consideration.
* The application seeks planning permission in outline for a water based holiday lodge complex comprising up to 150 lodges, up to 24 touring caravan pitches, an aquacentre amenity building, lake activities and a 9 hole golf course, together with the expansion of the existing motorpark comprising a central hub building and additional tracks; parking areas, servicing areas, landscaping and a paintballing operation at Huggin Lakes, Holme Wood Lane, Armthorpe.
* Three letters have been received from Members of the Public raising issues relating to the proposal.
* The relevant Unitary Development Plan Policies are ENV4, ENV7, ENV52, ENV59, T5 and EMP15.
* The main issues for Members to consider are the extent to which the proposal complies with the policies of the U.D.P., particularly Policies ENV4, ENV7 and EMP15; the suitability of the proposed means of access to the site, the impact locally in terms of noise and visual appearance; the effect on the ecology and the wider landscape of the area; and the scale and design of the proposed buildings.
* The proposal is acceptable to officers when judged against these criteria in that the proposed use represents a predominantly outdoor recreation/leisure activity, acceptable in terms of its nature, scale, siting and design, and such that it would not create or aggravate highway or amenity problems and is sited, designed and screened so as to minimise its impact on the landscape. The visitor centres and car parking areas will not exceed those which are considered reasonable and sufficient for the users of the main facilities.
RECOMMENDATION - PLANNING PERMISSION BE GRANTED FOLLOWING REFERRAL TO THE SECRETARY OF STATE
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission:-
1. Having regard to the policies and proposals set-out in the adopted Doncaster Unitary Development Plan set-out below, and all other relevant material planning considerations:
Adopted Unitary Development Plan:
ENV4 - Countryside Policy Area ENV7 - Recreation and Leisure Developments ENV52 - Design of New Buildings ENV59 - Protection of Trees T5 - Highway Safety EMP15 - Commercial Development Within Rural Settlements
2. For the following reasons:
Having taken into account all material planning considerations including those referred to in the representations and consultation responses, against the policy background referred to, it has been concluded that the proposed development is acceptable subject to the requirements of the attached planning conditions.
The scheme comprises a predominantly outdoor recreation/leisure use. The buildings which are part of the scheme are considered entirely necessary to provide facilities for use by motor cyclists, golfers and lake users, such as changing facilities, toilets, café, small convenience store, equipment stores and a small office facility. The site can be satisfactorily accessed via Holme Wood Lane without the need for significant improvement. An emergency access will be provided to serve the site. In terms of the potential impact on local residents an initial Acoustic Survey has been carried out and a report of the findings submitted. The Council is satisfied that it can support the application subject to the results of further surveys prior to the commencement of the development. Noise transmission from the site will be mitigated by the provision of acoustic fencing, bunding and, where necessary, screen planting. The visual appearance of the site will also be enhanced by the screen planting and by other planting. Care would be taken to ensure that important species such as water voles and newts are not disturbed by the development and that their habitats are retained. The design of the proposed building is modern in appearance whilst being entirely functional. The lodges with their timber finishes will blend in with the waterside environment.
======
Introduction
This application seeks planning permission in outline for a water based holiday lodge complex comprising up to 150 lodges, up to 24 touring caravan pitches, an aquacentre amenity building, lake activities and a 9-hole golf course, together with the expansion of the existing motorpark comprising a central hub building and additional motor cycle tracks, parking areas, servicing areas, landscaping and a paintballing facility.
Site and Surrounding
The site lies to the east of junction 4 of the M18 motorway off Holme Wood Lane in Armthorpe. There is presently an existing motor cycle facility and a substantial size lake on the site.
History
95/2235/P - Use Of Land For Motorcycle Track - Granted 05.02.1996.
98/0193/P - Renewal Of Permission For Use Of Land As Motorcycle Track - Granted 06.04.1998.
Development Plan Allocation
The site lies within a Countryside Policy Area as identified and defined in the adopted Doncaster Unitary Development Plan (U.D.P.). Policies ENV4, ENV7, ENV52, ENV59, T5 and EMP15 are therefore relevant.
Consultation Responses
D.M.B.C. Highways Development Control - no objections subject to the conditions set-out below in respect of the improvement of Holme Wood Lane. D.M.B.C. Land Drainage Officer - no comments. Environment Agency - no objections subject to the suggested conditions. D.M.B.C. Pollution Control Team - no objections. D.M.B.C. Acoustic Officer - no objections subject to further work at Reserved Matters stage and subject to the attached condition. D.M.B.C. Air Quality Team - no objections. D.M.B.C. Strategic Transportation Unit - no objections on transportation grounds and satisfied with details of Travel Plan. D.M.B.C. Ecologist Planner - has indicated there will be a potential net gain in biodiversity interest subject to the suggested conditions. D.M.B.C. Landscape Officer - no objections. D.M.B.C. Trees and Hedgerows Officer - satisfied with the details of the proposal and the minimal effect of trees and hedgerows within the site. South Yorkshire Archaeology Unit - no objections subject to the condition attached to this report. Highways Agency - no objections on transportation grounds and satisfied with the proposed Travel Plan. Natural England - no objections to the proposals subject to conditions to protect Grebes from motorised activities on the lake, ensuring new habitat created for water voles at least matches that lost, and that management of habitats enhanced by the proposals such as grassland, watercourses and hedgerows, is safeguarded. Cantley with Branton Parish Council has supported the application subject to the construction of bunding where necessary. Armthorpe Parish Council has raised no objections subject to the provision of bunds and planting in order to ensure noise does not cause any further disturbance, ensure that heavy construction plant uses the motorway and does not travel through Armthorpe village, and subject to a Green Travel Plan for cyclists and pedestrians. Yorkshire Wildlife Trust - have raised no objections, and are pleased with the proposed habitat enhancements, subject to a condition protecting nesting birds. The Trust wish to see no fish in the lake.
Publicity Responses
The application was advertised on site and in the local Press as a Departure from the provisions of the adopted Doncaster U.D.P. Three letters have been received from Members of the Public raising issues relating to the proposal. Concerns relate to the claimed reduction in the width of a right of way adjacent to the site, the need for water storage within the site, and the need for strong perimeter fencing to the site. Other serious concerns are the potential increase in noise, dust, the need to restrict the opening hours and the loss of a view.
Assessment of Proposal
1) The main issues for consideration are:-
* Whether the proposed use is acceptable in the context of the U.D.P. Policies, Regional Spatial Strategy and National Planning Policy Statements.
* Whether the proposed means of access to the site is satisfactory.
* The potential impact of the proposals on local residents in terms of noise, traffic generation and visual appearance.
* The impact of the proposed development on the ecology of the site and on the wider landscape of the area.
* The scale, design and materials of the proposed buildings. Planning Policy:-
2) Policy ENV4 of the adopted Doncaster U.D.P. states that within Countryside Policy Areas uses which predominantly involve outdoor recreation and leisure will normally be acceptable where the development would not prejudice the purposes of the Countryside Policy Area by reason of its nature, scale, siting or design, would not create or aggravate highway or amenity problems and is sited, designed and screened so as to minimise its impact on and wherever possible enhance the character, landscape and nature conservation value of the local environment.
3) Policy ENV7 allows for recreation and leisure uses which are predominantly outdoor and have a low proportion of building area to land area, and where ancillary facilities such as visitor centres and car parking areas would not exceed those which are reasonable and sufficient for the users of the main facilities and are sited designed and screened to the satisfaction of the Borough Council. Such development as is permitted should be located and designed to ensure harmony with the surrounding countryside and in particular so as to not have an adverse impact on the landscape, agriculture, the built heritage or wildlife. Development which would detract from the amenities of nearby residents or from the general amenity of the wider countryside will not be permitted.
4) Policy EMP15 states that within the Green Belt and Countryside Policy Area the following will be encouraged, provided that their impact upon the countryside is acceptable: a) leisure developments of a scale and nature appropriate to the countryside and which accord with Policies ENV3, ENV4, ENV6 and ENV7 as appropriate.
5) Whilst the proposal includes a considerable number of lodges and two buildings, the proposal still represents a mainly outdoor use centred on the motor cycle tracks, golf course and the lake and lakeside uses. However, due to the scale of the proposed buildings and the number of lodges involved, the application has been treated as a Departure and, if Members resolve to give their support, the application must be referred to Government Office for consideration.
Means of Access:-
6) Policy T 5 states that the Borough Council will seek to ensure that proposals for new development are located where the traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion, or amenity. New development must normally incorporate all roads necessary to serve the development designed and constructed to appropriate standards and substantially completed before that part of the development they serve is brought into use.
7) The proposed means of access is via Holme Wood Lane, entering the site via the existing entrance/exit to the motor cycle operation. From there the internal access road would split into that serving the motor cycle tracks and that serving the water park and golf course, with separate parking areas and facilities for the two. A further emergency access would serve the site via a new access point on Holme Wood Lane closer to the Holme Wood Lane/M18 junction than the main access point. Access can be provided without the necessity to carry out any widening or other improvements to the existing road. Noise and Visual Appearance:-
8) The applicant has submitted a Noise Survey, which after analysis by the Environmental Health Acoustic Officer, is considered to be acceptable at this time. Further work will be required in order to fully establish the likely impact of the proposals; however, the Environmental Health Officer is content at this time to give support for the proposals subject to a condition requiring the submission of a further noise survey and report, prior to the commencement of the development. Depending on the outcome of which, various mitigation strategies could be put in place, including acoustic fencing, bunding and controls over when motor cycling activities can take place.
9) With regard to the visual appearance of the site, it is not considered that the impact on local residents resulting from the provision of the two amenity buildings and the lodges will be significant given their separation distances from the nearest residential properties. The lodges will be of timber construction blending in with this countryside location.
Impact on Ecology and Wider Views of the Landscape:-
10) The main ecological issues to be taken into consideration are water voles which it is thought are present on the site and water birds. The design of the waterside environment will therefore need to take into account the retention of a suitable habitat for these species leaving sufficient undisturbed space on the apron of the lake.
11) With regard to the impact of the proposals on the landscape, the Landscape Assessment submitted as part of the application, with which the Council’s Landscape Officer concurs, defines the landscape quality as being moderate. The landscape buffering proposed by the applicant will be approximately 30 metres in depth of native deciduous woodland, with some evergreens for all year round coverage, planted on earth bunds.
12) ENV59 states that in considering proposals for new development the Borough Council will attach considerable importance to the need to protect existing trees, hedgerows, wetland habitats, watercourses and other natural landscape features and will require that new developments do not cause unnecessary loss of trees, nor imperil trees by building works.
Scale and Design of the Proposed Buildings:-
13) Policy ENV 52 states that new buildings should respect their townscape and landscape setting with layout, siting, form, scale, detailing and materials being appropriate to the character of the surrounding area and any adjoining properties. The Borough Council will reject obviously poor designs which are out of scale or character with their surroundings. Whilst the tallest of the buildings would be 3 storeys, it is not felt, given the scale of the site and the context of the extent of the earthworks already carried out, and those proposed, in connection with the motor cycle tracks and sand and gravel quarrying, the impact would not be unsatisfactory given the extensive tree and woodland planting proposed. The buildings are designed to look modern in appearance whilst being entirely functional.
Summary
14) The proposed development represents a Departure from the provisions of the adopted Doncaster U.D.P. (Policy ENV4) due to the scale of the two buildings and the number of lodges involved. However, the scheme still comprises a considerable amount of outdoor recreation space and as such the proposal is viewed favourably as a useful addition to the range of Doncaster’s recreation and tourism facilities and the application is recommended accordingly. The buildings which are part of the scheme are considered entirely necessary to provide facilities for use by motor cyclists, golfers and lake users, such as changing facilities, toilets, café, small convenience store, equipment stores and a small office facility. The lodges would provide a very useful way of encouraging not only short duration and day long recreational activities but also overnight, weekend and longer stay tourism in the area.
15) The site can be satisfactorily accessed via Holme Wood Lane without the need for significant improvement. An emergency access will be provided to serve the site. In terms of the potential impact on local residents, clearly noise is an important aspect, and to this end an initial Acoustic Survey has been carried out and a report of the findings submitted. The Council’s Environmental Health Acoustic Officer is satisfied that he can support the application subject to the results of further surveys prior to the commencement of the development. Noise transmission from the site will be mitigated by the provision of acoustic fencing, bunding and, where necessary, screen planting.
16) The visual appearance of the site will also be enhanced by the screen planting and by other planting which would be carried out within the site. Care would be taken to ensure that important species such as water voles and newts are not disturbed by the development and that their habitats are retained in order to ensure their continued presence on site.
17) The design of the proposed building is modern in appearance whilst being entirely functional. The lodges will include timber finishes, blending in with the waterside environment.
18) In light of all of the above, the proposal is viewed favourably and the application is recommended accordingly.
IN ACCORDANCE WITH THE PROVISIONS OF THE TOWN AND COUNTRY PLANNING [DEVELOPMENT PLANS AND CONSULTATION) DIRECTION 1999, THE SECRETARY OF STATE BE NOTIFIED THAT THE BOROUGH COUNCIL DOES NOT PROPOSE TO REFUSE THIS APPLICATION FOR DEVELOPMENT WHICH DOES NOT ACCORD WITH THE PROVISIONS OF THE DEVELOPMENT PLAN. THE ASSISTANT DIRECTOR OF DEVELOPMENT AND PLANNING BE AUTHORISED TO ISSUE THE DECISION NOTICE IF THE SECRETARY OF STATE RAISES NO OBJECTIONS.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES 01. U19875 Approval of the details of the layout, siting, design and external appearance of each building and/or installation of any wall or fence to be erected on the site, including a schedule of external materials, the details of the layout of the motorcycle tracks, paintballing facility and golf course (including details of species to be planted), the means of access thereto and landscaping of the site (hereinafter referred to as reserved matters) shall be obtained from the Local Planning Authority before the commencement of any works. REASON The application is in outline and no details having yet been furnished of the matters referred to in the outline they are reserved for subsequent approval by the Local Planning Authority.
02. SC031 The development to which this permission relates must be begun not later than whichever is the later of the following dates:- i The expiration of three years from the date of this permission or ii The expiration of two years from the final approval of the reserved matters or in the case of different dates the final approval of the last such matter to be approved. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.
03. SE05 In the case of the Reserved Matters application for approval must be made not later than the expiration of three years beginning with the date of this permission. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.
04. C29C Any works necessary to carry out any part of the development hereby granted shall only be permitted between the following hours: Monday to Friday inclusive 0800 - 1800 Saturday 0800 - 1300 and not at all on Sundays and Public and or Bank Holidays. Such works shall include deliveries to and from the site (including deliveries by outside contractors or suppliers); any construction (including internal works i.e. decorating, joinery, plumbing); demolition; highway and drainage works; erection and dismantling of scaffolding; site preparation/ excavations and any related off site works in the vicinity of the site. REASON For the avoidance of doubt and in the interests of protecting the amenity of existing residents in the vicinity of the site.
05. VR18 Trees and shrubs shall be planted on the site in accordance with a scheme to be approved in writing by the Local Planning Authority prior to commencement of development. This scheme is to provide details of species, siting, planting distances and programme of planting. Planting is to be carried out during the first available season after commencement of development and shall thereafter be maintained to the satisfaction of the Local Planning Authority and in accordance with the Local Planning Authority's document 'Landscape Specification in Relation to Development sites'. Any tree or shrub planted as part of the scheme which is removed or severely damaged or is found to be dying or seriously diseased within five years of planting shall be replaced within the next available planting season with a tree or shrub of a similar size and species to the satisfaction of the Local Planning Authority. REASON To ensure that a landscape/planting scheme is submitted and implemented in the interests of amenity.
06. U19843 Prior to the submission of any reserved matters application, an archaeological evaluation of the application area will be undertaken in accordance with a written scheme of investigation that has been submitted to, and approved in writing by, the Local Planning Authority. Drawing upon the results of this field evaluation stage, a mitigation strategy for any further archaeological works and/or preservation in situ will be agreed in writing and then implemented to the satisfaction of the Local Planning Authority. REASON: In the interests of recording/preserving any archaeological remains which may be present on the site.
07. U19844 No development shall take place until a Construction Impact Management Plan, indicating measures to be taken to mitigate the effects of the construction activity and associated vehicle movements upon the living conditions of neighbouring residents and upon highway safety has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the agreed Construction Impact Management Plan. REASON In order to protect neighbouring residential amenity.
08. DA01 The development hereby granted shall not be begun until details of the foul, surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development. REASON To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin.
08. CLC1A No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being accepted and approved by the Local Planning Authority (LPA), unless otherwise agreed in writing with the LPA. a) The Phase I desktop study, site walkover and initial assessment must be submitted to the LPA for approval. Potential risks to human health, property (existing or proposed) including buildings, livestock, pets, crops, woodland, service lines and pipes, adjoining ground, groundwater, surface water, ecological systems, archaeological sites and ancient monuments must be considered. The Phase 1 should include a full site history, details of a site walkover and initial risk assessment. The Phase 1 should propose further Phase 2 site investigation and risk assessment works, if appropriate, based on the relevant information discovered during the initial Phase 1 assessment.
b) The Phase 2 site investigation and risk assessment, if appropriate, must be approved by the LPA prior to investigations commencing on site. The Phase 2 investigation should including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a quality assured sampling and analysis methodology and current best practice. All the investigative works and sampling on site, together with the results of analysis, and risk assessment to any receptors shall be submitted to the LPA for approval.
c) The Phase 3 remediation report, if appropriate, should be approved by the LPA prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site MUST not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation.
d) The approved Phase 3 remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The LPA must be given two weeks written notification of commencement of the remediation scheme works. If during the works contamination is encountered which has not previously been identified then all associated works should cease until the additional contamination is fully assessed and an appropriate remediation scheme agreed with the LPA.
e) Upon completion of the Phase 3 works, this condition shall not be discharged until the Phase 4 verification report has been submitted to and approved by the LPA. The verification report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the verification report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all verification data has been approved by the LPA Reason To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to Planning Policy Statement 23- Planning and Pollution Control.
09. CLC2A Should any unexpected significant contamination be encountered during development all associated works should cease, and the Local Planning Authority (LPA) be notified in writing immediately. A Phase 3 remediation report shall be submitted to the LPA for approval. The associated works shall not re-commence until the report has been approved. Following such works all the data in accordance with the Phase 3 remediation must be submitted to the LPA in as a Phase 4 verification report, the site shall not be brought into use until such time as all verification data has been approved by the LPA Reason To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to Planning Policy Statement 23- Planning and Pollution Control.
10. CLC3A Any soil or soil forming materials brought to site for use in garden area, soft landscaping, filing and level raising shall be tested for contamination and suitability for use on site. Proposals for contamination testing including testing schedules, sampling frequencies and allowable contaminant concentrations (as determined by appropriate risk assessment) and source material information shall be submitted to and approved in writing by the LPA prior to any soil or soil forming materials being brought onto site. The approved contamination testing shall then be carried out and verification evidence (laboratory certificates, etc) submitted to and approved in writing by the LPA prior to any soil and soil forming material being brought on to site. Reason To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to Planning Policy Statement 23- Planning and Pollution Control.
11. U19904 Prior to the commencement of the development a detailed landscaping plan for the golf course shall be submitted to the Local Planning Authority and be approved in writing. This shall provide details of the following:- Creation of heathland and acid grassland habitat within the golf course landscaping. Water body design including plans for marginal aquatic planting. How the introduction of fish into either water body will be prevented. The Landscape Plan will then be implemented in the timescales outlined in the approved document. REASON:- In the interests of biodiversity and providing nightjar foraging habitat.
12. U19906 Prior to the commencement of development a construction environmental management plan shall be submitted to the Local Planning Authority and be approved in writing. This shall include details of the timing and scope of all proposed mitigation measures and with respect to protected species and retained habitats. Specifically with respect to water voles it will detail how a net gain in water vole habitat will be provided and how the habitat at water body P12 will be linked to that in Diggin Dyke. The management plan shall then be implemented in the timescales outlined in the approved document. REASON:- In the interests of maintaining the biodiversity interest of the site.
13. U19907 Prior to the commencement of development an ecological management plan shall be submitted to the Local Planning Authority and be approved in writing. This shall include details of the following Management of all retained and created habitats on site. The provision of bat boxes and bird boxes on suitable trees and buildings across the site. The approved document shall then be implemented for the lifetime of the proposed development. REASON:- In the interests of nature conservation to ensure the long term ecological value of all the wildlife habitats on site.
14. U19908 Prior to the commencement of development a written scheme and plans that describe how the lake shall be separated into usage zones shall be submitted to the Local Planning Authority and be approved in writing. This scheme will describe how water sports activities will be excluded from areas assigned for wildlife, in particular wetland birds. The approved scheme shall then be implemented for the duration of the development. REASON:- In the interest of maintaining the biodiversity interest of the site.
15. U19909 Structural planting shall be undertaken in accordance with drawing no. EMS 1815_16 dated 05 March 2009. The planting and associated ground modelling shall be carried out in advance of building and infrastructure works on site. Any tree or shrub planted in accordance with the scheme and becoming damaged, diseased, dying or removed within five years of planting shall be replaced in accordance with the above document. REASON:- To ensure that replacement trees are of a suitable type and standard in the interests of amenity.
16. U19911 No development shall take place within the development zones on the site until details of a landscaping/planting scheme has been approved in writing by the Local Planning Authority. This scheme shall indicate all existing trees and hedgerows on the site, showing their respective size, species and condition. It shall distinguish between those which are to be retained, those proposed for removal and those requiring surgery. The scheme shall also indicate, where appropriate, full details of new or replacement planting. All planting material included in the scheme shall comply with horticultural practice. Planting shall take place in the first suitable planting season following the commencement of each phase of the development. any tree or shrub planted in accordance with the scheme and becoming damaged, diseased, dying or removed within five years of planting shall be replaced in accordance with the above document. REASON:- To ensure that replacement trees are of a suitable type and standard in the interests of amenity.
17. U19912 Improvements shall be carried out along the entire length of Holme Wood Lane from its connection with junction 4 of the M18 motorway to the site entry prior to the commencement of the development. The works shall comprise:- _ The widening of Holme Wood Lane from its junction with the M18 to the site entry to a minimum width of 5.5 metres. A wider width of 6 metres is proposed from the M18 roundabout that includes a 6.75 metres passing bay. _Improved pedestrian access to the west side of the M18 roundabout which involves improvement/reinstatement of the existing footway. _Introduction of a 30 mph speed limit along its whole length reinforced with Traffic Calming in the form of speed cushions. _ A separate emergency access 3 metres wide combined with a pedestrian/cycleway route maintained in perpetuity by the developer/operator(s) of the site. _ The provision of street lighting to Holme Wood Lane and to the emergency access/footpath/cycleway route. _ Footpath/cycleway routes serving the southern part of the site shall be constructed to a minimum width of 3 metres and be capable of withstanding the weight of a fire appliance. REASON:- In the interests of highway/pedestrian safety.
01. IA011 INFORMATIVE The permission hereby granted shall not relate to the display of any advertisement for which express consent is required. Separate consent under the Town & Country Planning (Control of Advertisements) Regulations 1992 (as amended) is required.
02. ICLC1A INFORMATIVE
TO ACCOMPANY CONDITION CLC1A - PREPARATION OF REPORTS ADDRESSING LAND CONTAMINATION
Prior to preparing any reports in support of conditions related to land contamination, the applicant is advised to refer to best practice guidance and Technical Guidance for Developers, Landowners and Consultants Yorkshire and Humberside Pollution Advisory Council. A description of the reports is as follows:
Phase I desktop study, site walkover and initial assessment - typically consists of a desk top study, site walkover, conceptual model and a qualitative/quantitative risk assessment. The ‘conceptual model’ must include both actual and potential risks. The information obtained should be of sufficient detail to enable recommendations to be made and further investigation to be undertaken (including design of intrusive investigation), where necessary.
Phase 2 intrusive site investigation and risk assessment - typically consists of an intrusive site investigation and qualitative and/or quantitative risk assessment. These studies aim to characterise the ground conditions, identify any contamination present and assess whether it will potentially result in harm. A more detailed conceptual model should be constructed based on the further information available and supported by quantitative risk assessments, where necessary. Recommendations for further investigation and remedial, protective and/or monitoring works should also be included.
Phase 3 remediation report - contains details on required remedial, protective and/or monitoring measures demonstrating how the works will render the site ‘suitable for use’ describing the works in relation to the development hereby permitted. A range of remedial options should be reviewed/considered and the preferred option(s) should be justified by cost-benefit analysis. The report should include full details of any works to be undertaken including proposed site clean up criteria, site management and contingency procedures, validation/protection/monitoring measures, timetable for carrying out the works. (This may comprise a technical specification report prepared for the tendering process to procure a specialist remediation contractor).
Phase 4 verification report - includes evidence with discussion on substantiating data to confirm that the works agreed in the approved remediation report have been implemented. Information to be submitted at the agreed timescales as outlined in the agreed remediation report. Any significant deviations from the approved remediation report (e.g., due to unexpected contamination) must also be included in this report.
03. ICLC2A INFORMATIVE
TO ACCOMPANY CONDITION CLC2A
The Phase 3 remediation report and Phase 4 verification report shall be prepared in accordance with CLR11, PPS23 and Technical Guidance for Developers, Landowners and Consultants Yorkshire and Humberside Pollution Advisory Council.
04. ICLC3A INFORMATIVE
TO ACCOMPANY CONDITION CLC3A
The risk assessment, remediation and verification should be carried out in accordance with CLR11, PPS23 and Technical Guidance for Developers, Landowners and Consultants Yorkshire and Humberside Pollution Advisory Council. Schedule No: 4.
Application No: 08/00649/OUT
Ward Bessacarr And Cantley Parish
Proposal Outline application for erection of extension to public house to create 13 guest bedrooms and additional family facilities including swimming pool, sauna, gymnasium, games room, mini cinema and multi function room on approx 0.36ha of land
Location The Two Palfreys, Acacia Road, Cantley, Doncaster
Applicant Mr D Bailey
Agent Ken Manning
Date of Valid Application: 29th February 2008
======
MAIN POINTS OF REPORT
* The application is being presented to Committee due to the significant public interest shown in the application. 19 letters of objection were received to the originally submitted plans, 6 letters have been received in respect of the amended plans.
* The application is in outline form with matters of layout and access to be considered, and is for the erection of an extension to the existing public house to create guest accommodation and additional family facilities.
* The originally submitted plans proposed accommodation in excess of 50 bedrooms. Following negotiations with the applicant this has been scaled down to 13 bedrooms, the use now being ancillary to the main use of the building as a public house.
* In accordance with the Doncaster Unitary Development Plan 1998, the site lies within a Residential Policy Area. Policies PH12, RL22, TO4, TO5 and T5 are applicable.
* No objections have been received from statutory consultees.
* The principal of this development is considered to be acceptable in this location, and it is felt that an appropriate design can be achieved through a reserved matters application, without causing harm to the character of the area, nor to the amenities of neighbouring occupiers. No objections have been received on Highways grounds to the traffic or parking associated with the development.
RECOMMENDATION - OUTLINE PLANNING PERMISSION BE GRANTED MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
PH12 - Non Residential Uses within Residential Policy Areas RL22 - Indoor Leisure Facilities TO4 - Hotel and Conference Facilities TO5 - Hotel and Conference Facilities - detailed considerations
2. For the following reasons:
Having taken into account all material planning considerations and planning policy, it has been concluded that the outline proposal for an extension to include guest bedrooms and additional family facilities is acceptable. The principal of this development is considered to be acceptable in this location, and it is felt that an appropriate design can be achieved through a reserved matters application, without causing harm to the character of the area, nor to the amenities of neighbouring occupiers. No objections have been received on Highways grounds to the traffic or parking associated with the development.
======
Introduction
1. The planning application seeks outline permission for an extension to the existing public house to create guest accommodation and additional family facilities, including swimming pool, sauna, mini-cinema, multi-function room and gymnasium, with matters of siting and access to be considered. The intention is to create the extension on the north eastern side of the existing building.
2. The originally submitted plans proposed guest accommodation of over 50 rooms. This would have resulted in the building being a bona fide hotel, and was considered to be unacceptable in this location. Following negotiation with the applicant, it was stated that any overnight accommodation should be ancillary to the public house, and this resulted in the revised plans showing a maximum of 13 rooms. The public house itself is a substantial building, and this was considered to be a reasonable amount of accommodation given the size and location of the building.
3. The application is being presented to Committee Members due to the amount of public interest. Site and Surroundings
1. The Palfreys Lodge is a substantial two storey building, standing to a total height of approximately 9 metres. The building is fairly traditional in form with long pitched roofs and various projecting gables. The main frontage to the building faces to the westwards towards the shopping precinct on Everingham Road. The car park serving the public house is located to the rear of the building, behind the adjacent properties fronting on to Acacia Road.
2. The surrounding area is allocated as Residential Policy Area, however is in the heart of the settlement of Cantley and surrounded by a mix of residential, commercial and community uses. As previously mentioned, to the western side of the site is a shopping precinct fronting Everingham Road, with uses including a post office, hot food takeaway, supermarket and bakers. To the southwest of the site, although not adjacent, a health centre and library are located on Goodison Boulevard. Residential properties, predominantly two storey semi- detached dwellings, are located to both the east (rear) of the building, and to the southern side on the other side of Acacia Road. A wooded area is located to the northern side of the application site.
History
1. 04/0060/P - Erection of two storey bay window extension, canopies and disabled access and formation of beer garden – GRANTED
2. 07/03448/FUL - Erection of smoking shelter (4.2m x 3.0m) - GRANTED
Development Plan Allocation
1. The site is located within a Residential Policy Area as allocated within the Doncaster Unitary Development Plan 1998.
Consultation Responses
1. Highways Development Control - no objections, suggested conditions, require improved corner radius
2. Police Architectural Liaison Officer - Concerns over original plans, regarding likelihood of car crime with excess of 50 rooms provided. Plans have since been amended to maximum of 13 rooms.
3. Yorkshire Water - No observations
4. South Yorkshire Fire & Rescue - No objections
Publicity Responses
1. The application was advertised in accordance with Circular 15/92 by sending letters to neighbouring occupiers. Nineteen letters of objection to the originally submitted plans were received. Following amendments to the proposal, neighbours were renotified, and six letters of objection were received. The main points of objection raised relate to parking and traffic difficulties in the area, possible overlooking towards neighbouring properties, anti-social behaviour, possible smells from cooking and noise from extractor fans.
2. Prior to the application being put before committee, 117 standard letters of support were also received, referring to the need for additional employment and recreational facilities in the area.
Assessment of Proposal
Main Issues
1. The application is for the erection of an extension to the existing public house to create guest accommodation and additional family facilities, including swimming pool, sauna, mini- cinema, multi-function room and gymnasium, with matters of siting and access to be considered. The application is in outline form with matters of layout and access to formally considered.
2. Concerns have been raised by local residents over the impact of the proposal upon traffic and parking in the area, the visual impact of the proposal, overlooking and anti-social behaviour.
Principle
3. The application site is located within the settlement of Cantley, and is within an allocated Residential Policy Area as defined by the Doncaster Unitary Development Plan 1998. That being said, the existing public house is located adjacent to a parade of commercial units, which includes a supermarket, post office, food takeaways, a bakers and other uses. The site is also in close proximity to the public library and health centre. As such, it is reasonable to say that the immediate surrounding area has a mix of uses.
4. The Development Plan recognises that non-residential uses can be acceptable within Residential Policy Areas, under the provisions of Policy PH12. The establishment or extension of non-residential uses of an appropriate scale will be permitted provided the use would not cause unacceptable loss of residential amenity.
5. As the proposed development incorporates the provision of a swimming pool, sauna, gymnasium and games room, it is also considered that Policy RL22 of the Development Plan is applicable. This policy deals with the provision of new built indoor leisure facilities, and states that the Council will encourage such facilities, provided that there is no loss of residential amenity.
6. Another aspect of the application is the provision of 13 guest bedrooms, and a multi- function room, which could be used for conferences and events. As previously stated, the originally submitted plans showed an extension providing over 50 bedrooms, and this was deemed unacceptable as it would result in a bona fide hotel outside of a central area. Following negotiation, this was scaled down to a maximum of 13 rooms, which was considered to be a level ancillary to the existing use of the building as public house / restaurant. As such the proposal is not considered to be a hotel, although the closest applicable policy in the Development Plan is TO4, which is concerned with hotel and conference development outside of areas designated for such uses. It states that such development will not be permitted except where it is the extension of an existing hotel, conference facility or restaurant where ancillary accommodation is appropriate. On this basis, it is considered that the development is acceptable in principal, being an extension to a substantial public house/ restaurant.
7. Policy TO5 follows on from TO4, giving more detailed advice. Such proposals will normally be supported where the design, form and scale is appropriate to the site and location, has good access to the primary road network, will have no adverse impact from traffic generation and will cause no detriment to residential amenity. The application is in outline form with matters of design and appearance reserved, and the siting of the extension will be discussed further on in the report. No objections have been received from Highways to the proposal, and the site is located in close proximity to the main Bawtry Road. The impact upon residential amenity will be discussed later in the report.
Siting and Access
8. The proposed extension is to be located on the north eastern side elevation of the building, measuring approximately 25m at its widest point, although the bulk of the extension would be approximately 15 in width, and extending back the depth of the existing building approximately 25m.
9. In terms of its positioning, the extension would be located on the far side of the building from the closest public road. To the rear of Palfreys Lodge fronting Acacia Road are two storey semi-detached dwellings, which would obscure the new structure from public vantage points to a degree. Similarly, the bulk of the existing building and the buildings within the adjacent shopping parade would also provide screening. The existing building is a substantial structure with a traditional appearance utilising long sloping roof pitches and gable ended projections. The indicative plans propose a more contemporary flat roofed extension to the side, with facilities spread over 4 floors. The applicant is also investigating the possibility of incorporating a green roof on the structure. Obviously the design and appearance of the extension will be judged at the Reserved Matters stage, however following consultation there is no objection in principal to a more contemporary addition to the building. Whilst the accommodation will be over four floors, the proposed flat roof means that the extension could tie in with the height of the existing structure.
10. No objections have been received from the Highways Development Control Officer to the scheme, subject to an improved turning radii, which has been incorporated into the layout plan. The existing car park provided in excess of 60 spaces, which is considered to be satisfactory for the level of development proposed. Several objections have been received on the basis of traffic and parking, however it seems that the existing car park is not being fully utilised. Given that the facility is there, it is difficult to raise an objection on these grounds in the absence of an objection from Highways.
Impact Upon Residential Amenity
11. Several objections have been received with regards to the impact of the proposal upon the living conditions of neighbouring occupiers. Objections from properties on Acacia Road have raised the issue of possible overlooking from guest rooms within the extension. In terms of proximity, the closest part of the extension to properties on Acacia Road is nearly 35m, and is further away than parts of the existing public house. Window positioning will be decided as part of the design and appearance within the Reserved Matters submission, and as such it is considered that on the basis of the layout shown it would be unreasonable to refuse the application on grounds of overlooking.
12. Several objections have also been received on the grounds of existing anti-social behaviour in the area, and the likelihood of this increasing with provision of these facilities. Whilst these matters are normally dealt with by the Police, they are a material planning consideration and the Local Authority has a duty to ensure that proposal would not be likely to lead to such issues. With regards to the proposal, the extension does not include enlarging the public house facilities, which will remain as existing. The extension will include guest bedrooms, a gymnasium, sauna, swimming pool, games room and multi-function room. On this basis, it is difficult to substantiate that these type of facilities would lead to an increase in anti-social behaviour. Concern was originally raised by the Police Architectural Liaison Officer over the increased opportunity for car crime in light of an additional 50+ bedrooms, however this has been scaled back to 13 bedrooms. The car park will be for the use of customers, and surveillance and security of this area can be looked into in more detail when the design of the building is put forward.
13. Further objections have also been received with regards to the smell of cooking coming from the building. The building already operates as a restaurant, and so there is existing Environmental Health legislation to deal with such issues. It is considered prudent however to add a condition for details of any extraction units ,which may be required to be provided to an approved by the Local Planning Authority prior to the commencement of development.
Summary
14. In summary, and having taken into account all material planning considerations and planning policy, it has been concluded that the outline proposal for an extension to include guest bedrooms and additional family facilities is acceptable.
15. As outlined above, the principal of this development is considered to be acceptable in this location, and it is felt that an appropriate design can be achieved through a reserved matters application, without causing harm to the character of the area, nor to the amenities of neighbouring occupiers. No objections have been received on Highways grounds to the traffic or parking associated with the development.
16. On the basis of the above, the application is accordingly recommended for approval.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES 01. SC031 The development to which this permission relates must be begun not later than whichever is the later of the following dates:- i The expiration of three years from the date of this permission or ii The expiration of two years from the final approval of the reserved matters or in the case of different dates the final approval of the last such matter to be approved. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.
02. U19845 Approval of the details of the appearance, landscaping and scale; (hereinafter referred to as reserved matters) shall be obtained from the Local Planning Authority before the commencement of any works. REASON The application is in outline and the matters referred to in the condition are reserved matters for subsequent approval by the Local Planning Authority in order that they may be satisfied with the details of the proposal.
03. SE05 In the case of the Reserved Matters application for approval must be made not later than the expiration of three years beginning with the date of this permission. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.
04. VK11A Before the development commences, samples of the proposed external materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials. REASON To ensure the satisfactory appearance of the development.
05. U19846 The proposed extension will incorporate a maximum of no more than 13 guest bedrooms REASON Due to the location of the site outside of a town centre location, and to allow the Local Planning Authority to retain control over the proposed development
06. HM13 Before the development is brought into use that part of the site to be used by vehicles shall be properly laid out, drained, surfaced/sealed and or marked out in a manner to be approved by the Local Planning Authority and shall thereafter be maintained in a condition to the reasonable satisfaction of the Local Planning Authority. REASON To encourage drivers to make use of the parking space and ensure that the use of land for this purpose will not give rise to mud hazards at entrance/exit points in the interests of public safety. 07. HU21 All servicing of the premises to which this permission relates shall, unless otherwise agreed with the Local Planning Authority, take place from within the site. REASON To avoid the necessity of parking vehicles on the carriageway and/or verges to the detriment of road safety.
08. U19847 The development hereby permitted shall be carried out in accordance with the details shown on the letter of amendment dated 27th April 2009;. REASON To ensure that the development is carried out in accordance with the application as approved.
09. U19848 The development hereby granted shall be carried out in complete accordance with the details shown on the amended plans referenced and dated as follows: Site Layout Plan, 26th March 2009 REASON To ensure that the development is carried out in accordance with the application as approved.
10. CB02 Details of an extraction/ventilation system to control the emission of cooking smells and fumes shall be submitted to and approved by the Local Planning Authority and it shall be installed and be fully operational before the use commences. The system shall thereafter be kept in efficient working order. REASON To ensure that an adequate ventilation system is installed and is fully operational before the development is begun. Schedule No: 5.
Application No: 09/00639/OUT
Ward Torne Valley Parish Tickhill Parish Council
Proposal Outline application for erection of two detached dwellings on approx 0.28 ha of land including details of means of access
Location Land Adjacent The Conifers, 2 Scarborough Close, Tickhill, Doncaster
Applicant Mr And Mrs S Prendergast
Agent Graham Raynor
Date of Valid Application: 17th March 2009
======
MAIN POINTS OF REPORT
* The planning application is being presented to Planning Committee due to significant public interest and as the proposal is a departure from the Doncaster Unitary Development Plan 1998.
* The application seeks outline planning permission for the erection of two detached dwellings on approx 0.28 ha of land including details of means of access.
* The site is within an Open Space Policy Area as defined by the Doncaster Unitary Development Plan and policies RL1, ENV52, PH11, PH13 and T5 are applicable. National Policies PPS1 Delivering Sustainable Development and PPS3 Housing are also applicable.
* 10 letters of objection have been received from neighbouring properties.
* Provision for the payment of a commuted sum in lieu of public open space is to be secured by the signing of a section 106 legal agreement, to compensate for the loss of the open space.
* In summary, the proposed residential development is considered to be of an appropriate density and the indicative layout, demonstrates that it will not be harmful to the character of the surrounding area. The subsequent reserved matter application controlling design will ensure that the amenities of occupiers are protected. The proposal is considered to be an efficient use of the site and is thus considered to be acceptable, subject to conditions. The development is acceptable as it maximises the use of the site for residential purposes without causing a significant detrimental effect on the highway, the amenities of the surrounding dwellings and the character of the area. RECOMMENDATION - PLANNING PERMISSION BE GRANTED SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED)
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
Planning Policy Statement 1: Delivering Sustainable Development Planning Policy Statement 3: Housing RL 1: Open Space Policy Area ENV 52: Design of New Buildings PH 11: Existing Residential Areas PH 13: Residential Design Standards T 5: Highways Safety
2. For the following reasons:
Having taken into account all the material planning considerations including those raised in the representations and consultation responses, against the policy background referred to, it has been concluded that the proposed development is acceptable subject to the attached planning conditions.
The proposed development of two dwellings plus garages would be a satisfactory use of the privately owned open space area, whilst also taking into consideration the character of the local area. The siting and scale of the dwellings, whilst indicative, prevents a significant detrimental effect to the amenities of nearby occupiers in terms of overlooking or being overbearing. Furthermore the site is an urban potential site, which is sequentially supported through the Regional Spatial Strategy and the emerging Core Strategy.
======
Introduction
1. The application seeks outline planning permission for two detached dwellings on approx 0.28ha of land including details of means of access. The dwellings proposed are two storeys in height consistent with the surrounding dwellings. An indicative plan submitted with the application has indicated properties consistent in both form and scale with those in the immediate vicinity.
2. The planning application is being presented to Planning Committee due to significant public interest and as the proposal is a departure from the Doncaster Unitary Development Plan 1998. Site and Surroundings
1. The site relates to privately owned open space to the rear of Scarborough Close. The site is roughly triangular in shape, is flat and located to the north of Scarborough Close which is an unadopted private drive that provides access onto Sunderland Street. The site is set between the Tickhill cricket ground and a recreation ground. Permission has previously been granted for a large detached house to be erected at Land to the Rear of 42 Sunderland Street, which is also set between the cricket and recreation grounds. The site has two unmade public footpaths running along the boundaries. To the north of the site is further undeveloped land beyond, which there is an existing residential development know as The Paddock.
History
1. There have been no previous applications on this site however there have been various applications on the neighbouring site at the Rear of 42 Sunderland Street, which is of relevance:
04/1403/P - Outline application for erection of 1 detached dwelling and garage on approx 0.1 ha of land. Granted. 05/0805/P - Details of siting, design, external appearance and means of access to detached house and garage on approximately 0.1ha of land (Being matters reserved in outline application granted under ref: 04/1403/P/OTL on 15/06/04). Granted. 07/02854/FUL - Erection of detached house and detached triple garage on approx. 0.18ha of land. Refused - unacceptable access. 08/01540/FUL - Erection of detached house and detached triple garage on approx. 0.18ha of land (Being resubmission of application refused under Ref: 07/02854/FUL on 12.03.2008) Granted. 09/00494/FUL - Erection of detached house and detached garage block on approx. 0.18ha of land. Refused - unacceptable access.
Development Plan Allocation
1. The site is located within Open Space Policy Area as defined by the Doncaster Unitary Development Plan (1998). The site lies within the settlement boundary and surrounded on all sides by Residential Policy Area.
Consultation Responses
Public Rights of Way Officer has no objections to the proposal subject to conditions.
Tickhill Parish Council object to the proposal as there is a shortage of open space in Tickhill.
Environmental Policy Officer objects to the proposal as it is contrary to open space policy.
Highways Development Control Officer has no objections to the proposal subject to conditions.
Internal Drainage Board has no objection to the proposal. Environmental Planning Group (Trees) has no objections to the proposal subject to conditions.
Environmental Planning Group (Landscape) object to the proposal due to the loss of green space in Tickhill.
Ecologist Officer has no objection to the proposal subject to condition.
Publicity Responses
1. This application has been advertised in accordance with Circular 15/92. The application has been advertised in the press and by two site notices. Letters from 10 households were received objecting to the proposal. The objection letters raised issues regarding the loss of valuable open space, lack of extra parking facilities, dangerous access over public footpath and impact on wildlife habitat.
Assessment of Proposal
1. The site is within a within an Open Space Policy Area the Doncaster Unitary Development Plan 1998 and so consideration needs to be given to policies RL1, PH11, PH13, ENV52 and T5.
Open Space Policy Area
2. The application site is designated as Open Space Policy Area in the Doncaster Unitary Development Plan (1998), however is within private ownership. This constrains the ability of the wider public to use the land as recreational open space. Therefore other forms of development need to be considered. As the site is within the village settlement, It is considered that the site is capable of development. Having liaised with the Neighbourhood Manager for the Tickhill area it was established that the land would be inappropriate for acquisition and as such would be appropriate for development subject to a section 106 agreement, to compensate for the loss of the Open Space Area.
3. The Local Planning Authority have sought a valuation of the land, although at the present time this information is unavailable. Therefore the Section 106 Agreement will require that a commuted sum of 15% of the land value should be paid by the developer to the council, which reflects the deficiency of open space in the Tickhill area. The monies will be used for the creation of a suitable area of open space elsewhere or the enhancement of an area of existing public open space in the locality.
4. Policy RL1 places great importance on urban open spaces and states that development will not be permitted for purposes other than outdoor recreation, allotments, nature conservation and cemetery uses. Development for other purposes will only be permitted in exceptional circumstances. The proposed development does not accord with these policies. However, exceptional circumstances have been demonstrated to show that the loss of the Open Space Area can be justified through the council’s reluctance to formally acquire the land for the purpose of Public Open Space Policy Area. As such the development is primed for residential development given its location within the Residential Policy Area. Furthermore, the site is an urban potential site which is sequentially supported through the Regional Spatial Strategy and the emerging Core Strategy. Land Use and Density
5. Policy PH11 of the Doncaster Unitary Development Plan (1998) states that within Residential Policy Areas, development for housing will normally be permitted except where the development would be at a density or of a form that would be detrimental to the character of the surrounding area or would result in over-intensive development of the site. Two dwellings on approximately 0.28ha of land represents a density of seven dwellings per hectare. This is well below the national indicative minimum of 30 dwellings per hectare, as advocated in PPS3. Although this is considered a relatively low density it is considered that the proposal represents development consistent with those in the immediate surrounding area. As such the proposed density represents an efficient use of land whilst at the same time respecting the character of housing in the surrounding area. It must also be noted that the site is of a restrictive shape and the proposal has been designed to maximise the restricted site.
Character and Layout
6. Proposals for new residential development within allocated Residential Policy Areas are required to comply with Policies PH11 and PH13 of the Doncaster Unitary Development Plan (1998). In general, these policies seek to ensure that new development is acceptable in terms of density and layout, design, relationship with neighbouring properties, parking and amenity space.
7. The character of the immediate area comprises a mix of different house types. The predominant house types are 2 storey detached properties laying to the north, east and south of the application site. The current planning application proposes detached properties similar in design to those lying adjacent to site at Scarborough Close and The Paddock maintaining the character of the surrounding properties. The overall height and design of the dwelling will be regulated by any forthcoming reserved matters application.
Design Standards
8. Policy PH13 relates to design standards in new developments and states that consideration should be given to design issues, including layout, privacy, aspect, and the provision of private and or communal garden space, and parking/garage space. Policy ENV52 of the Doncaster Unitary Development Plan relates to the design of new buildings and states that new buildings should respect their townscape and landscape setting with layout, siting, form, scale, detailing and materials being appropriate to the character of the surrounding area and any adjoining properties. The Borough Council will reject obviously poor designs, which are out of character with their surroundings. It is further stated that all buildings should be designed and located to ensure adequate standards of privacy, daylight, sunlight, energy conservation and noise attenuation for occupiers of nearby properties and for occupiers of the proposed development.
9. The proposed layout has been designed to avoid any adverse impact on the amenity of neighbours. The indicative plan has shown that the buildings can adequately fit onto the site. The indicative plan also shows that the layout of the properties, it indicates that the properties can easily achieve separation distances against the proposed dwellings and existing properties. 10. The proposal also provides a sufficient level of amenity space in relation to its footprint and surrounding properties. The development proposes a turning area and garaging facilities together with adequate off road parking. The proposal is therefore, considered to accord with Policy PH11 and PH13 of the Doncaster Unitary Development Plan, adopted in 1998. The layout, siting and form is also in accordance with Policy ENV 52 for the reasons previously stated under Policy PH13. Materials are to be agreed by a suitable condition.
Highways Safety
11. Policy T5 relates to highway safety and states that the Borough Council will seek to ensure that any proposals for new development are located where traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion or amenity. Access to the proposed development is to be taken off Scarborough Close into the site. The proposed road layout includes a turning area. The plans and the design and access statement detail the proposed garages as double with long driveways. There have been no objections to the proposal by the Development Control Highways Officer subject to conditions being attached to any permission given.
Ecology
12. A Great Crested Newt survey was requested by the Ecology Officer to identify if the species were present at the site. The survey was carried out and the findings submitted to the Local Planning Authority. The Ecologist is satisfied with the scope of the Great Crested Newt survey that has been carried out on the site. The survey was negative meaning the likelihood of Great Crested Newts being impacted by the development is very low. Therefore there are no objections subject to condition.
Other Issues
13. Objectors have raised issues regarding the dangerous access over public footpath. However, the Public Rights of Way officer and the Highways Development Control officer have raised no objections to the proposal subject to conditions.
Summary
16. Although the density of the development is lower than that national indicative minimum it is considered on balance that the application is acceptable, as it would not be significantly detrimental to the character of the area and makes efficient use of land. The scheme has been designed to minimise any loss of amenity to surrounding residential properties. There will be no significant impact on the highway network and the level of parking and amenity space is considered acceptable. The site is also well served by public transport and local services.
17. In light of the above the application is viewed favourably and recommended accordingly.
Recommendation
PLANNING COMMITTEE RESOLVE TO GRANT PLANNING PERMISSION FOR THE PROPOSED DEVELOPMENT, SUBJECT TO THE COMPLETION OF AN AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 IN RELATION TO THE FOLLOWING MATTERS:
A) A sum equivalent to 15% of the residential land value shall be paid to the Council in lieu of Public Open Space provision prior to commencement of work on the site.
THE HEAD OF PLANNING SERVICES BE AUTHORISED TO ISSUE THE PLANNING PERMISSION ON COMPLETION OF THE AGREEMENT.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES
01. SC031 The development to which this permission relates must be begun not later than whichever is the later of the following dates:- i The expiration of three years from the date of this permission or ii The expiration of two years from the final approval of the reserved matters or in the case of different dates the final approval of the last such matter to be approved. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.
02. SE05 In the case of the Reserved Matters application for approval must be made not later than the expiration of three years beginning with the date of this permission. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.
03. U19871 Prior to the commencement of development an ecological enhancement plan shall be submitted for approval in writing by the Local Planning Authority. This shall include details of the following: - Bird and Bat boxes on the site - Planting of a native species rich hedgerow along the western boundary of the site adjacent to the footpath.
The approved scheme shall then be implemented in the first available planting season.
REASON In the interests of maintaining the biodiversity of the site. 04. U19888 Approval of the details of the appearance, layout/siting and scale (hereinafter referred to as reserved matters) shall be obtained from the Local Planning Authority before the commencement of any works. REASON The application is in outline and the matters referred to in the condition are reserved matters for subsequent approval by the Local Planning Authority in order that they may be satisfied with the details of the proposal.
05. HC03 Concurrently with the carrying out of the development a crossing over the footpath/verge shall be constructed to the satisfaction of the Local Planning Authority and shall be completed before the development is brought into use. REASON To avoid damage to the verge.
06. VK11A Before the development commences, samples of the proposed external materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials. REASON To ensure the satisfactory appearance of the development.
07. U19889 The layout of the proposed development shall be based on the need to retain all sound and healthy trees standing within the site and on adjacent land within 15 metres of the proposed development. The siting of any proposed buildings, access roads, private drives and parking spaces shall be based on a tree survey commissioned in accordance with British Standard BS5837: 2005 Trees in Relation to Construction and shall give full regard to the root protection area and future growth of each tree and the aspect and topography of the site. REASON: To ensure that appropriate trees are retained and given due consideration in site planning in the interests of amenity.
08. U19890 Minimum sight splays of 2.4m x 2.4m should be provided on both sides of the footpath crossing the proposed private drive, which is a Definitive Public Footpath. Any planting within these areas should be either of a low lying variety or maintained at a height of no more than 900mm. REASON To ensure the safety of pedestrian using the route.
09. VQ17 No development shall take place on the site until details of a landscaping/planting scheme have been agreed in writing with the Local Planning Authority. This scheme shall indicate all existing trees and hedgerows on the site, showing their respective size, species and condition. It shall distinguish between those which are to be retained, those proposed for removal and those requiring surgery. The scheme should also indicate, where appropriate, full details of new or replacement planting. All planting material included in the scheme shall comply with Local Planning Authority's 'Landscape Specifications in Relation to Development Sites'. Planting shall take place in the first suitable planting season, following the commencement of the development. Any tree or shrub planted in accordance with the scheme and becoming damaged, diseased, dying or removed within five years of planting shall be replaced in accordance with the above document. REASON To ensure that replacement trees are of a suitable type and standard in the interests of amenity.
10. HM13A Before the development is brought into use that part of the site to be used by vehicles shall be laid out and surfaced in a bound, permeable material and marked out in a manner to be approved by the Local Planning Authority and shall thereafter be maintained. REASON To ensure surface water is disposed of in accordance with best practice of sustainable drainage, encourage drivers to make use of the parking space and ensure that the use of land for this purpose will not give rise to mud hazards at the entrance/exit points in the interests of the public safety.
11. HW23 The vehicle turning space shall be constructed as defined on the approved plans before the development is brought into use and shall thereafter be maintained in a condition to the reasonable satisfaction of the Local Planning Authority. REASON To avoid the necessity of reversing a vehicle on to or from the highway thus creating an unnecessary dangerous situation.
12. U19892 The provision of a bin store shall be made close to the highway. REASON To assist refuse collection.
13. D55C Prior to commencement of the development, details of the methods of disposal, for both surface water and foul drainage, shall be submitted to and agreed in writing by the Local Planning Authority. The developer shall be aware that the preferred option would be for Sustainable Drainage Systems, should this not be proposed, a detailed explanation of any alternative option shall be submitted along with reasons for rejecting a Sustainable Drainage System. REASON To ensure that the site is adequately drained in a sustainable manner
01. U03341 The proposed low level planting must be well maintained and not let to encroach onto the footpath. 02. U03342 Public footpaths should remain clear and free of obstruction at all times and the maintenance responsibility of any landscape and planning will remain with the applicant.
03. U03343 Should it be necessary to erect fencing Public Rights of Way would require a minimum of 2m for the width of the footpath in accordance with the Rights of Way Improvement Plan. Schedule No: 6.
Application No: 09/00931/COU
Ward Torne Valley Parish Tickhill Parish Council
Proposal Change of use of agricultural land to equestrian use (being resubmission of application refused under ref 08/01942/FUL on 11.12.08)
Location Land Off Lancaster Crescent, Tickhill, Doncaster, South Yorkshire
Applicant Mrs Kristina Wood
Agent
Date of Valid Application: 17th April 2009
======
MAIN POINTS OF REPORT
* This application is being presented to Committee due to a Member Request and significant public interest.
* The application seeks planning permission for the change of use of agricultural land to equestrian use (being resubmission of application refused under ref 08/01942/FUL on 11.12.08).
* The site is located within the Green Belt, as defined by the Doncaster Unitary Development Plan, adopted 1998.
* 41 letters of support, 1 letter of comment and 40 letters of objection (including one from Councillor Barbara Hoyle) have been received.
* In accordance with Schedule 2, Part 4, Class B of the General Permitted Development Order (GPDO), the club is allowed up to 28 days per year to hold events on the site without requiring consent from the Local Planning Authority, providing that all structures are removed on expiry of the 28 days. However the applicant wishes to locate show jumps on the field from April - September and provide year round grazing of equines.
* The proposal is an appropriate recreation and leisure use within the Green Belt, and subject to conditions, would not be unreasonably harmful to the amenities of occupiers of neighbouring properties. The proposal is therefore, recommended for approval subject to adherence to the attached conditions.
RECOMMENDATION - PLANNING PERMISSION BE GRANTED MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
ENV 3 - Development within the Green Belt ENV 7 - Recreation and Leisure Development T5 - Highways
PPG 2: Green Belt PPS 7: Sustainable Development in Rural Areas.
2. For the following reasons:
Having taken into account all the material planning considerations raised in the consultations and representations, against the policy background referred to above, the Local Planning Authority is of the view that its accordance with the relevant policies of the Doncaster Unitary Development Plan (1998), taken together with the advice in the relevant National Planning Policy Guidance, justifies the use of the land for equestrian purposes and the siting of show jumps.
Furthermore the proposed use is very similar to the operations currently permitted under Schedule 2, Part 4, Class B of the General Permitted Development Order (GPDO). The proposal is not considered to significantly impact on the openness of the Green Belt or be significantly detrimental to the amenities of the neighbouring dwellings.
======
Introduction
1. The application seeks planning permission for the change of use of agricultural land to equestrian use (being resubmission of application refused under ref 08/01942/FUL on 11.12.08) including the year round grazing of equines and erection of show jumps from April - September. The site is to be used for events by the Maltby and District Riding Club for no more than 28 days a year.
2. This application is being presented to Committee due to a Member Request and significant public interest.
3. Since the previous refusal the relocatable buildings have been removed from the application, the applicant now is requesting permission for the erection of show jumps in connection with show events and training, the year round grazing of equines and twenty eight days use of the site for Maltby and District Riding Club. Site and Surroundings
1. The site is within an area of open land to the south of Lancaster Crescent, a residential estate comprising of detached single storey and two storey properties. The site itself is accessed between No’s 60 and 62 Lancaster Crescent. The site is bound by a timber fence of approximately 1.5m in height and there are a number of jumps located within the field and grazing horses. To the north west of the site is a large agricultural barn, which appears to store farm machinery, a public footpath is located to the western boundary of the site. Paper Mill Dyke forms the western and southern boundary of the site.
History
1. 08/01942/FUL - Change of use of agricultural land to equestrian use including siting of two relocatable buildings (each one 9.62m x 3.40m) - Refused.
Members resolved to refuse the application for the following reasons:
In the opinion of the local planning authority, the application is contrary to policy ENV7 of the Doncaster Unitary Development Plan, as the proposed relocatable buildings are industrial in appearance and will harm the openness of the Green Belt.
In the opinion of the local planning authority, the application is contrary to policy ENV7 of the Doncaster Unitary Development Plan, as the proposed use will harm the amenity of nearby residential properties through noise disturbance from vehicle movements, tannoy systems and general activity.
Development Plan Allocation
1. The site is located within the Green Belt, as defined by the Doncaster Unitary Development Plan, adopted in 1998. Therefore, the following policies are applicable;
ENV 3 - Development within the Green Belt ENV 7 - Recreation and Leisure Development T5 - Highways
PPG 2 - Green Belts PPS 7 - Sustainable Development in Rural Areas
Consultation Responses
1. Tickhill Internal Drainage Board - No objections subject to the inclusion of informatives.
2. Parish Council - Object to the proposal on the grounds of flooding, unacceptable levels of traffic and inappropriate use of Green Belt land.
3. Public Rights of Way - No objection subject to the inclusion of informatives.
4. Highways Development Control Officer has no objections to the proposal from a highway point of view.
5. Ramblers Association - No objections.
6. Environmental Services - No objections.
7. The Design and Conservation Officer has no objection to the current proposal but has requested an informative.
8. Environmental Health has no objections to the proposal subject to conditions.
Publicity Responses
The application was advertised by means of site notice only, in accordance with Circular 15/92 Publicity for Planning Applications. 41 letters of support, 1 letter of comment and 40 letters of objection (including one from Councillor Barbara Hoyle) have been received.
The concerns raised are as follows;
Noise and disturbance to residents Traffic generation - residents conducted several traffic surveys, and on the busiest day it indicated approximately 294 vehicles travelling one way from York Road to the site. Size of vehicles entering the site Health and safety Obstruction of public footpaths Disruption to wildlife Other uses of the site - such as BBQs, overnight camping and dog shows Deposits of horse manure Times of use Road network unable to cope with volume and size of traffic Impact on privacy Commercial activities Concern that land will be developed Parking on neighbouring roads
Assessment of Proposal
1. The site is located within the Green Belt, as defined by the Doncaster Unitary Development Plan, adopted in 1998. Therefore, policies ENV 3 (Development within the Green Belt), ENV 7 (Recreation and Leisure Developments) and T5 (Highways) are applicable. National planning policies, which are relevant to this application include; PPG 2: Green Belts and PPS 7: Sustainable Development in Rural Areas). The main issues that need to be considered are the impact on the highway, the appropriateness of the use within Green Belt and the effect of the proposed use on the amenities of the neighbouring residents.
2. The proposal is a resubmission of a previously refused application submitted under 08/01942/FUL for the change of use of agricultural land to equestrian use including siting of two relocatable buildings (each one 9.62m x 3.40m). The latest application is also for the change of use of the land, however the proposed relocatable buildings have been omitted. Highways
3. Significant concern has been raised with regard to the traffic generation associated with this use. Policy T5 states that the Borough Council will seek to ensure that any proposals for new development are located where the traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion or amenity.
4. An anonymous site visit conducted on a Show Day by the Highways Development Control Officer provided a clear picture of the types of vehicles entering the site, the number of vehicles entering the site and the frequency of the vehicles entering the site. The site was visited on 5 July 2009, and monitored over the morning period and from 3:30 to 4:45 in the afternoon in order to assess the level of traffic generated by the proposed development. The event was understood to be typical of others that take place at this venue with comparable traffic generation, and therefore without evidence to the contrary, the Highways Development Control Officers comments/views on the development are influenced by the site visit. The level of traffic generated by the proposed development though comprising a mix of different vehicle types including horse boxes, cars towing trailers and car, was insufficient to justify a refusal of the application on road safety grounds.
5. After reviewing the surveys submitted by both the applicant and objectors alongside the evidence collated during the site visit the application is deemed to accord with Highways Safety Policy T5 as the traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion or amenity.
6. Whilst it is appreciated that the use of the site attracts a number of large vehicles and horseboxes, as is evident from site visit and the surveys submitted by both the applicant and that provided by objectors, all do not arrive at the same time and are infrequent.
7. By granting permission for the proposed use the council is able to include conditions within the permission which controls and restricts the growth of the use.
Green Belt
8. Policy ENV 3 (part b) states that within the Green Belt, development will not be permitted, except in very special circumstances, for purposes other than outdoor sport and outdoor recreation including essential facilities for such development subject to the limitations included in policy ENV 7. Therefore, as the proposal seeks permission for the change of use of the land for equestrian use, incorporating horse shows and riding classes, this accords with policy ENV 3 (part b), subject to adherence with policy ENV 7.
9. Policy ENV 7 states that within the Green Belt the development of essential facilities for outdoor sport and outdoor recreation including small ancillary buildings, unobtrusive spectator accommodation and other essential facilities, will be permitted provided the development is genuinely required and the development preserves the openness of the Green Belt. It is further stated that such development as is permitted should be located and designed to ensure harmony with the surrounding countryside and in particular so as to not have an adverse impact on the landscape, agriculture, the form and character of existing settlements, the built heritage or wildlife and so as to comply with all relevant UDP policies. Development which would detract from the amenities of nearby residents or from the general amenity of the wider countryside will not be permitted. Regard will be had to the cumulative effects of such developments in a particular area.
10. The use of the land for equestrian use with the use of the site for riding events and training is deemed to comply with policies ENV3 and ENV7 of the Doncaster Unitary Development Plan as outdoor sport and recreation are listed as an acceptable use within the Green Belt.
11. The proposed show jumps are ancillary to the use of the land for equestrian purposes. The proposed show jumps are to be used on show days and for training, which is therefore considered appropriate. The reason for this being that for the majority of the year, the jumps will be located on the field without any equestrian activity occurring, thus not being required.
Residential Amenity
12. Policy ENV7 states that within the Green Belt the development of essential facilities for outdoor sport and recreation including small ancillary buildings, unobtrusive spectator accommodation and other essential facilities, will be permitted provided the development in genuinely required and the development preserves the openness of the Green Belt. Development which would detract from the amenities of nearby residents or from the general amenity of the wider countryside will not be permitted.
13. As a result of the publicity 40 letters of objection have been received relating to the proposal, many of which comment on the nuisance caused by the use of the field for equestrian purposes in terms of noise, inconvenience, traffic generation and smells created by the horses and ponies.
14. After a site visit by the Development Control Officer on a show day it was deemed that the noise created by the event is minimal. The tannoy system is used infrequently and faces away from the neighbouring residential properties. Having visited the site and spending time on Lancaster Crescent the noise and disturbance created by the use is deemed to be satisfactory and not considered to significantly affect the amenities of the neighbouring properties.
15. The shows occur no more than 28 days a year and the access is used between the hours of 8am and 6pm. However, it should be noted that the applicant is allowed to use the site, without the need for planning permission at whatever time they choose, providing that it is not used for more than 28 days per year. If permission were granted, then the hours of use on show days could be limited through condition to ensure there is no negative impact on the amenities of the neighbouring properties.
16. The Environmental Health office were consulted as part of the application as issues were raised on the previous application at this site. The Environmental Health Practitioner is satisfied that the proposal can proceed with a condition being attached requiring a noise assessment to be undertaken. Permitted Development
17. In accordance with Schedule 2, Part 4, Class B of the General Permitted Development Order (GPDO), the club is allowed up to 28 days per year to hold events on the site without requiring consent from the Local Planning Authority, providing that all structures are removed on expiry of the 28 days. However, the applicant wishes to graze equines on the site and keep show jumps erected from April - September therefore a change of use of the land is required. If the applicant removed the structures from the site on expiry of 28 days and the site returned to its previous state, the Local Planning Authority would have no control of this use. Should horses purely be grazed on the field, and their diet un-supplemented, planning permission would not be required. However, they are to be visited and fed at least once per day, hence the application for a broad equestrian usage of the field.
18. Previously an opinion from a legal perspective has been sought with regards to whether or not the siting of jumps on the field for more than 28 days requires planning permission, and it is considered that the siting of the jumps may not constitute a building operation, which would require planning permission. However, if jumps are left on the field for more than 28 days, and are capable of use, it would be difficult to control and may ultimately constitute a building operation. Therefore, due to the varied uses of the site, and the period of use, an application was invited to maintain control of the site.
19. As a result of this, and the ability to condition the usage, the proposal is considered acceptable, and would not have required permission if structures were not to exceed 28 days. Should the application be refused, the applicant would still be able use the site for equestrian use and it is therefore considered that there is no merit in refusing the application, as granting permission, with the attached recommended conditions, would enable greater control over the site.
Other Issues
20. Many of the objectors raised the issue that there would be a disruption to the wildlife habitat along Paper Mill Dyke and as a result the Ecologist Officer was consulted as part of the application. A site visit was made and no objections raised to the proposal as it is not felt that the nature of the proposed development would impact upon the species as no ground works are to be undertaken.
21. Another issue raised by several objectors was with regard to the flooding of the site. Previous riding events have been cancelled due to rain which causes the field to become waterlogged. As there is no ground works to be undertaken as part of the proposal and the proposal is for the change of use of the land, the grazing of equines would be at the risk of the owner who is aware of the history of flooding at the site.
Summary
1. In summary, as a result of the permitted 28 days use of the site, without the requirement of planning permission, and the recommended conditions attached to this recommendation, the proposal is acceptable. The proposal is not considered to significantly impact on the openness of the Green Belt or be significantly detrimental to the amenities of occupiers of nearby properties, and is therefore, recommended for approval, subject to adherence to the attached conditions. The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES
01. SB021 The development to which this permission relates must be begun not later than the expiration of three years beginning with date of this permission. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.
02. U19866 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 Article 3, Schedule 2, Part 4, Class B: The use of any land for any purpose for not more than 28 days in total in any calendar year, shall occur without prior permission of the Local Planning Authority, the shows hereby granted shall operate between the 1st April and 30th September only, and shall not exceed 12 shows within this time period. Following expiry of this period, all equipment and structures associated with the use shall be removed and the site shall be used only for grazing, to the satisfaction of the Local Planning Authority. REASON To restrict the period in which the site may be used for equestrian show purposes and in the interests of the character and openness of the Green Belt.
03. U19867 The twelve shows hereby approved shall be run between 09:00 hours and 18:00 hours only. REASON To ensure that the development does not prejudice the local amenity.
04. U19868 A strip of land 9 metres wide adjacent to the top of both banks of all watercourses on site shall be kept clear of all new buildings and structures (including gates, walls, fences and trees) unless agreed otherwise in writing with the Local Planning Authority in consultation with the Board. Ground levels must not be raised within this area. Access arrangements should be agreed with the Internal Drainage Board. REASON To maintain access to the watercourse for maintenance or improvements. 05. U19895 The evening classes and training hereby granted shall operate between the 1st April and 30th September only, and shall occur only once in every two weeks. Following expiry of this period, all equipment and structures associated with the use shall be removed and the site shall be used only for grazing, to the satisfaction of the Local Planning Authority. REASON To restrict the period in which the site may be used for training purposes and in the interests of the character and openness of the Green Belt.
06. U19896 When events are advertised, all associated literature shall state that the gates will open no earlier than 8am on show days. REASON In the interest of residential amenity.
07. U19897 The evening training classes hereby approved shall be between the hours of 15:00hours and 20:00hours only. REASON In the interests of residential amenity.
08. U19899 Within three months of the use hereby permitted, a noise assessment shall be undertaken and any such assessment shall be undertaken in accordance with appropriate noise assessment criteria including the procedure laid down in BS4142:1997 (Method of rating industrial noise affecting mixed residential and industrial areas). REASON In the interests of residential amenity.
01. U03345 Footpaths Tickhill 22 and 23 at the side of the land should not at any time becomes impeded or blocked.