Report Precis
Report of the Head of Planning To the Planning Regulatory Board 19th November 2013
Subject
Applications under Town and Country Planning Legislation.
Purpose of Report
This report presents for decision planning, listed building, advertisement, Council development applications and also proposals for works to or felling of trees covered by a Preservation Order and miscellaneous items.
Access for the Disabled Implications
Where there are any such implications they will be referred to within the individual report.
Financial Implications
None
Crime and Disorder Implications
Where there are any such implications they will be referred to within the individual reports.
Human Rights Act
The Council has considered the general implications of the Human Rights Act in this agenda report.
Representations
Where representations are received in respect of an application, a summary of those representations is provided in the application report which reflects the key points that have been expressed regarding the proposal.
Members are reminded that they have access to all documentation relating to the application, including the full text of any representations and any correspondence which has occurred between the Council and the applicant or any agent of the applicant.
Recommendation(s)
That the applications be determined in accordance with the recommendations set out in the main report which is attached.
Background Papers
These are contained within the application files listed in the following schedule of planning applications. They are available for inspection at Barnsley Connects, The Civic Centre, Eldon Street, Barnsley S70 2JL.
1 INDEX
2013/0280 Site Visit – Approval Page 3
Residential development with associated public open space, landscaping and link road (outline) Land to the south east of Dearne Hall Road and 1 and 3 Claycliffe Road, Barnsley
2013/0894 Approval Page 28
Residential development of 37 dwellings (Reserved Matters in connection with application 2013/0203) Roy Kilner Road, Wombwell, Barnsley, South Yorkshire
2013/0940 Approval Page 36
Erection of 1 no detached dwellinghouse (Plot 2). Land off Ben Bank Road (Rear of 94 and 98), Silkstone Common, Barnsley
2013/0800 Refusal Page 47
Erection of detached Bungalow (outline) Sunningdale, Hawthorne Street, Shafton, Barnsley, S72 8NT
2 2013/0280 Commercial Estates Projects and Hall Land Management Residential development with associated public open space, landscaping and link road (outline) Land to the south east of Dearne Hall Road & 1 and 3 Claycliffe Road, Barnsley
Approximately 160 individual letters of objection have been received from local residents as well as a petition containing 140 signatures. In addition local residents have set up an action group to oppose the development named BRAND (Barugh Residents Against New Development). The Darton West Members, Councillors, Burgess, Howard and Cave have written letters in support of the residents group to request that the concerns are fully investigated. Dan Jarvis MP has also objected to the proposed development.
Site Description
The site encompasses approximately 10ha of land located to the east of Dearne Hall Road in Low Barugh (B6428). The site predominately comprises agricultural fields, which infill an area positioned between a range of existing uses that includes housing, the Millers Arms PH, Barugh Methodist Church, Claycliffe Industrial estate, an electricity substation and the Barnsley to Darton railway line on an embankment.
The site also includes two existing dwellings, Nos 1 and 3 Claycliffe Lane, which would be demolished to facilitate the proposed new access arrangements. These are part of a terrace containing ten existing dwellings. Other housing is located immediately next to the west and the south of the site on Dearne Hall Road, Dearne Hall Fold and Barnsley Road. A significant number of these properties directly overlook the site.
Claycliffe Industrial Estate and the substation are located on the other side to the east and south east on a level that is above the site. Two pylon routes pass through the site in opposing diagonal directions to the north west and south west with some of the pylon structures located within the site. Located within the site near to the eastern boundary is an area of marshland that contains two ponds, one of which has been identified to contain a colony of Great Crested Newts.
Levels on the site vary from 55m at the northern boundary opposite the Millers Arms pub rising to 72m at the southern boundary with Claycliffe Road, although the rises in the land levels are steady given the large size of the site. Large areas of the site are open. The remaining areas of the field are relatively open apart from a row of mature poplar trees in the northern area of the site.
Proposed Development
The application seeks outline approval to develop the site for a residential development of approximately 175 dwellings.
The application is in outline form and is therefore mainly about seeking to establish approval in principle for the site to be developed for housing. Detailed design matters are withheld for a future application for the approval of the reserved matters. However this application does include a proposed land uses plan showing how the site is proposed to be developed in terms of the areas of the site that are proposed to be built upon for the houses (5.1ha) and those areas that would be left open, or laid out as public open space (3.6ha).
3 In addition this application seeks approval at the outline stage for the proposed access arrangements, which would involve the construction of a new road that has been designed to take traffic off the existing Dearne Hall Road (B6428), potentially allowing this road to be declassified. This would be built from north to south passing centrally through the development site. It would then connect with the existing mini roundabout where Barnsley Road joins with Claycliffe Road, which would be increased in size by the side of the Methodist Church to form the new junction with the A638. This proposal would also involve the demolition of two existing dwellings, Nos 1 and 3 Claycliffe Lane.
The indicative dwelling number has been increased to 175 from 150 recently. This was following a viability appraisal exercise being carried out by the applicant in response to the projected costs to the development in relation to the education and highway works that have become apparent over the course of the application being considered. However the amendment does not propose to increase the developable area of the site from the 5.1ha originally proposed.
History
B/76/2070/DT – Residential development (outline) refused 02/09/1976
B/86/1414/DT: Residential development (outline) and formation of vehicular access – Refused 27/02/1987
B/87/0399/DT: Temporary siting of a mobile home – approved 10/04/1987 (expired 30/04/1995
B/92/0133/DT: Outline application for residential development – Refused 02/04/1992 for the following reasons:-
1. Housing development was contrary to the old Barnsley Urban Area Local Plan (Urban Land to Remain Undeveloped) 2. An adequate housing land supply existed within the Borough 3. The proposal was premature pending the preparation and adoption of the UDP 4. The increase in traffic movements was considered to have an unsatisfactory impact on Dearne Hall Road and the junction with Barnsley Road, to the detriment of highway safety.
Policy Context
Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations.
The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation.
Local Development Framework Core Strategy
CSP2 ‘Sustainable Construction CSP3 ‘Sustainable Drainage Systems CSP4 ‘Flood Risk’ CSP5 ‘Including Renewable Energy in Developments’ CSP8 ‘The Location of Growth’
4 CSP9 ‘The Number of New Homes to be Built’ CSP10 ‘The Distribution of New Homes’ CSP14 ‘Housing Mix and Efficient Use of Land’ CSP15 ‘Affordable Housing’ CSP26 ‘New Development and Highway Improvement’ CSP29 ‘Design’ CSP33 ‘Green Infrastructure’ CSP35 ‘Green Space’ CSP36 ‘Biodiversity and Geodiversity’ CSP39 ‘Contaminated and Unstable Land’ CSP40 ‘Pollution Control and Protection’ CSP42 ‘Infrastructure and Planning Obligations’
Saved UDP Policies
UDP notation: Urban Land to Remain Undeveloped
Policies GS11/BA11 state that ‘In areas shown as Urban Land to Remain Undeveloped on the proposals maps existing uses will normally remain during the plan period and development will be restricted to that necessary for the operation of existing uses. Otherwise planning permission for the permanent development will only be granted following a review of the UDP which proposes that development on the land in question’.
SPD’s
-Designing New Residential Development -Parking -Open Space Provision on New Housing Developments
Planning Advice Note’s
30 -Sustainable Location of Housing Sites 33 -Financial Contributions to School Places
Other
South Yorkshire Residential Design Guide
Emerging Development Sites and Places DPD
Proposed allocation: Phase 1 Housing Proposal (BAR32)
-Policy H1 ‘Uses on Allocated Housing Sites’ -Policy H4 ‘Phased Release of Allocated Housing Land’ -SD1 Presumption in favour of Sustainable Development -GD1 General Development Policy -GI1 Canals – Safeguarded Routes
5 NPPF
The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise.
Paragraphs of particular relevance to this application include:
32 – ‘Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe’ 49 – ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up to date if the Local Planning Authority cannot demonstrate a five year supply of deliverable housing sites. 58 & 60 – Design considerations 123 – Noise 179 – Viability – The costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure, contributions, or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.
Consultations
Air Quality Officer – No objections
Affordable Housing Officer – No objections subject to conditions
Biodiversity Officer – No objections subject to conditions
Coal Authority – No objections subject to conditions
Contaminated Land – No objections subject to conditions
Drainage – No objections subject to conditions
Education – Raise concerns on the grounds that Barugh Green Primary School is operating at capacity at present and that the development would cause capacity issues in the other existing primary schools within a 2m radius
Environment Agency – No objections subject to conditions
Natural England – No objections
NHS Barnsley – No objections
Highways – No objections subject to conditions
Regulatory Services – Do not object on the basis of the conditions proposed in the noise assessment
6 Tree Officer – No objections subject to conditions
SYAS – No objections subject to conditions
SYMAS – No objections subject to conditions
SYPTE – No objections
Yorkshire Water – No objections subject to conditions
Representations
The application was advertised by individual notification letters by press and site notices. Approximately 160 individual letters of objection have been received from local residents in response to both publicity exercises, as well as a petition containing 140 signatures. In addition local residents have set up an action group to oppose the development named BRAND (Barugh Residents Against New Development). BRAND have submitted a number of reports about the assumptions and conclusions made in the reports that accompany the planning application.
Residents were further notified 8th October following the amendment to the indicative dwelling number of 175 and given the opportunity to submit further representations, specifically on the proposed increase in the dwelling numbers and the associated updated technical reports.
The overall objections received are summarised under the following themes:
Harm to the character of the existing Low Barugh settlement
Loss of fields/open land/farmland/irreversible damage to the landscape Settlement mergence with Barugh Green and Baurgh, loss of village identity/character Low Barugh is considered to be a separate hamlet to Barugh and Barugh Green Overdevelopment in the area/disproportionate increase of housing number in Low Barugh
Sustainability
Insufficient need for new housing with empty properties elsewhere in the Borough Brownfield sites should be develop before greenfield sites are considered Lack of housing need due to there being vacant properties in the area Poor access to and oversubscription of local amenities including shops, schools, play areas, doctors and chemists i.e. the site is unsustainable Concerns that Barugh Green Primary School is full to capacity and located too far away (over 800m) Concerns that the area is inadequately served by public transport and is not sustainable and that public transport incentives will not work. The dwelling numbers have been increased due to the rising costs to make the development sustainable The applicants Planning Advice Note 30 assessment is disagreed with
Planning policy
The Development Sites and Places policy for this site is not the principle adopted policy and BAR32 has no weight in the decision making process. UDP Policy GS11 remains a saved policy/prematurity The application has not taken into account the relevant Core Strategy policies such as: CSP 36 Biodiversity and Geodiversity or CSP 33 Green Infrastructure.
7 UDP Policy GS11 Urban Land to Remain Undeveloped is a saved policy and the site is identified as an Urban Land to Remain Undeveloped site. The proposal takes no account of the Core Strategy policies relevant to green infrastructure. Consideration should be given to alternative sites.
Harm to residential amenity/noise
Assertions that the development would provide a poor standard of amenity for residents due to being affected by noise, light and air quality pollution including having non-opening windows Concerns that the site is unsuitable for housing due to noise from the industrial estate from existing operators including the Weldgrip factory Impact on the health of existing residents Harm to the living conditions of existing properties as a result of increased noise, loss of privacy, loss of sunlight, enjoyment of home/garden Concerns about social housing Concerns about low frequency noise affecting the development from the substation Concerns about noise from passing trains The effect of the development on the residents of numbers 1 & 3 Claycliffe Road and the dwelling to be retained, no 5 would be unfair It is questioned whether the revised noise assessment takes into account noise from the Weldmesh factory which is suggested is the main source of noise affecting the site at both daytime and night time periods
Harm to biodiversity including Great Crested Newts
Harm to wildlife including a significant colony of Great Crested Newts, bats, herons, other birds, amphibians The plans for a public open space around the newt ponds will lead to public interference threatening the habitat and prevent them from accessing their breeding ponds The colony should be protected and not destroyed Natural England guidance should be followed dictating that the application should be refused. The air quality assessment fails to recognise the colony of Great Crested Newts It is not accepted that the dedicated habitat open area would provide adequate safeguards to protect the existing colony of Great Crested Newts Biodiversity is declining on a global and local scale and this is a major sustainability issue which needs to be addressed with regard to this application. The site is used as a natural habitat by a number of birds including dunnock, house sparrow, linnet, reed bunting, song thrush and starling Concerns regarding the methodology of the ecology report and that the Council is not fulfilling its obligations in relation to various laws
Highway Safety
Concerns that existing roads in the area (including the existing bridge) are a bottleneck and rat run and cannot cope with the additional traffic flows leading to significant problems with congestion and affecting air quality Concerns that roads and footpaths in the area are unsuitable to accommodate an increase in vehicles, cycles and pedestrians The proposed link road through the middle of the development is considered unsuitable and dangerous. The proposed new roundabouts are not considered adequate and may increase the risk of accidents Conflict with existing driveways on Dearne Hall Road
8 Conflict with HGV traffic and Tate’s bus company using local roads to access the industrial estate Concerns relating to the methodology of the transport assessment Concerns with the TA recommendations to include weight restrictions and calming measures on Dearne Hall Road and Barugh Lane The link road would not provide relief but add to existing congestion problems The travel plan is unrealistic in terms of the likelihood of reducing car usage Chaos that would result when the roadworks take place. The claims about how the residents will travel from the site on foot and by bike are unrealistic. 25 dwellings is an increase of a sixth of the estate and traffic Other proposed developments in the LDF will all add congestion problems through the Low Barugh basin.
Flood Risk
Concerns about site flooding problems and increased risk affecting existing properties and Dearne Hall Road (numerous photos have been submitted showing Dearne Hall Road and parts of the application site under water). The plans for the northern access show it would be located below the existing land levels which would not be feasible. In addition it is in flood zone 2 and at risk of flooding meaning that it would be unusable on occasions when the site floods. The flood risk assessment has not been carried out by a company with any local knowledge and the report has missed a number of occasions when the site has flooded, including a large collection of water that has existed for many months in a position where the access is proposed. The site is consistently affected by surface water flooding should be classed to be within flood zone 3b and a sequential approach should be applied. Setting the floor levels 0.15m above the existing ground shows that the site is at risk of flooding. Existing drains are at capacity The proposals are considered contrary to Government advice and local planning policies which should avoid development on sites affected by flooding.
Pollution
Concerns that the site is unsuitable for housing due to noise from the industrial estate from existing operators including the Weldgrip factory Impact on the health of existing residents Landfill/Methane gas disturbance Concerns about the land being contaminated Concerns that the noise assessment methodology Concerns with the methodology of the noise assessment and it making reference to streets that are not in the area.
Localism/public opposition
Localism should dictate that the application is refused given that the majority of the local community is opposed. Concerns that community consultation by the applicants has been inadequate and ignored. There is no community support for the proposal contrary to what is asserted in the applicants supporting documentation.
9 It is asserted that the 21 day period afforded to existing residents to provide additional comments was not long enough and unfair on residents. Concerns about the applicants threat to appeal.
Other
Potential loss of archaeology. Potential structural damage to No.5 Claycliffe Road. Loss of property values. Contravention of the Human Rights Act 1998 in particular that the site has been unfairly ‘allocated’ by the Council for housing contrary to the safeguarded land designation. Potential increase in crime levels affecting existing properties. Lack of clarity about the number of houses proposed by the application. The open space would be located below a high voltage electricity pylon and would be dangerous. Concerns that the updated reports have not addressed all of the original concerns raised. It is questioned what risks would be associated to the development by the underground coal seam Previous applications on the site have been refused.
All of the above concerns have been heightened following the amendment to the application increasing the number of dwellings by 25 to 175 dwellings.
A letter was received 10th September from the Darton West Councillors Darton West (Burgess, Howard and Cave) in support of BRAND requesting that the concerns raised by the action group are fully investigated before an Officer recommendation is made to the Planning Board, including specifically:-
The issue of effects of the proposed development on road traffic in the area. noise pollution from the nearby commercial/industrial area air quality The effect of the development on the population of great crested newts on the site and other ecology. The effects of the development on local services including school places. Asking Officers to review the challenges made by BRAND to the applicants supporting documentation.
Dan Jarvis MP has objected on the following grounds which are summarised as follows:-
Support for the local residents who have objected in numbers. The proposals are unsustainable and shall fundamentally alter the character of the area. The development will increased congestion problems in the area not reduce them, particularly because many local facilities are not within walking distance of the site. Noise from the industrial estate and the substation. Concerns about the methodology of the applicant’s noise assessment report and the assumptions that it contains that habitable rooms could be faced away from the substation which would be unfair on residents and unsustainable. Concerns that Barugh Green Primary School will become oversubscribed and that the applicants have not been specific about expansion proposals. Concerns about the impact on wildlife, in particular on the colony of Great Crested Newts as a protected species. Increased risk of flooding The site is unsuitable overall for a development of 150/175 dwellings.
10
Assessment
Principle of development - Planning law is that decisions should be taken in accordance with the Development Plan unless material considerations indicate otherwise.
The current position is that the Development Plan consists of the Local Development Framework Core Strategy and the saved Policies of the Unitary Development Plan.
The National Planning Policy Framework (NPPF) is also a significant material consideration. The NPPF states that a presumption in favour of sustainable development should be at the heart of every application decision. For planning application decision taking this means:-
approving development proposals that accord with the development plan without delay where the development plan is absent, silent or relevant policies are out of date, granting planning permission unless:- –any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole; or -specific policies in the Framework indicate development should be restricted.
In addition paragraph 49 of the NPPF states that Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up to date if the Local Planning Authority cannot demonstrate a five year supply of deliverable housing sites, which a significant and important material planning consideration (as was the case with the North Gawber Colliery appeal case).
The site is designated Urban Land to Remain Undeveloped (not Green Belt as is stated in a number of representations) in the Unitary Development Plan. However, Urban Land to Remain Undeveloped is a misleading term because this designation actually represented land within existing settlements that were classed to having had the potential for development beyond the UDP plan period. The Unitary Development Plan was originally intended to relate to the period 1986-2001 and therefore the extent it can be relied upon in terms of current development needs is dated. The NPPF also classes policies adopted before 2004 as being out of date and states that due weight should only be given to policies adopted from 2004 onwards according to their degree of consistency with the NPPF.
Current strategic planning in the Borough is set out in the Core Strategy, which was adopted as recently as September 2011. It identifies the site as part of the Urban Barnsley settlement, which is main focus for development in the Borough and to accommodate housing growth over the LDF plan period running to 2026.
In terms of housing need, the target for the number of new homes to be built in the Urban Barnsley settlement during the LDF plan period is 9800 net new homes, which is significantly more than in any other settlement in the Borough. New site allocations shall be required in order to deliver these targets.
UDP Urban Land to Remain Undeveloped/Safeguarded Land sites and particularly those located in the Core Strategy Urban Barnsley settlement are of primary consideration to be new housing land allocations.
The site is proposed to become a phase one housing allocation in the Consultation Draft 2012 of the Borough’s Development Sites and Places DPD (DSAP). However this consideration can only be afforded limited weight at the current stage of the adoption process.
11 As such the overriding consideration would be the NPPF, the implication being that the UDP Urban Land to Remain Undeveloped policy is classed as being out of date meaning that relevant planning applications, such as this, need to be considered in the context of the presumption in favour of sustainable development, particularly as the Council is not in a position to demonstrate a 5 year housing land supply.
In practice this means that planning permission should only be refused if the contents of the application would result in any significant and demonstrable adverse impacts that would outweigh the presumption in favour of sustainable development as is stated in the NPPF. The assessment has been carried out in this context and is detailed below with regards to site specific issues:-
Location of the site/sustainability considerations
A significant number of the representations make reference to concerns about the amount of development proposed in comparison with the size of the existing Low Barugh settlement, as well as raising concerns about settlement convergence with Barugh Green and Barugh and making assertions that the site is not sustainable.
However, as has already identified the site is classed to be located in the Urban Barnsley settlement as defined by the boundary plans contained in Planning Advice Note 30 ‘Sustainable Location of Housing Sites’. This consideration has to be afforded considerable weight in sustainable location terms, as was the case in the Mapplewell North Gawber Colliery site appeal case for approximately 400 dwellings, which was allowed by the Secretary of State on a site that was also designated Urban Land to Remain Undeveloped in the UDP.
PAN30 ‘Sustainable Location of Housing Sites’ is also a material consideration in itself, although the extent upon it can be relied upon is now limited following the publication of the NPPF and as it is not part of the statutory development plan for the Borough. The Planning Advice Note contains a checklist to assess if a proposed housing site is in a sustainable location. Applying the checklist to this proposal shows that the site has some sustainable attributes due to its location within Urban Barnsley and the fact that even through it is on the edge of Urban Barnsley it does not project out into the countryside. However, because of its UDP Urban Land To Remain Undeveloped notation, it would not be possible for the site to pass step 2.
With regard to public transport access the situation is more complex due to changing assessment methodologies. Using the Planning Advice Note 30 method the site does not achieve a full score of 10 as the whole site does not lie in the Core Public Transport Network (CPTN) Buffer. As a result it would score 6. However the consultation response from SYPTE gives the site a green rating under the Land Use and Transport Integration method that they now use and they state that ‘the location of this development complies with public transport related policy on national, regional and local scale’ based on the following reasons:-
The bus stops located to the west of the site along the A637 provide a service frequency of more than 6 buses per hour. This therefore forms part of the South Yorkshire Core Public Transport Network, providing easy connections to local centres, transport interchanges, schools and workplaces.
The bus services 93/93a, 95/95a, 96/96a and 97 all service Barnsley Towns Centres and have combined frequency of 9 buses per hour, equating to one bus every 6 and a half minutes. Development in areas with this level of service is highly supported.
The site would therefore pass step 3 of PAN30 even though it would receive low scoring points for access to services.
12 If it is accepted that UDP designated Urban Land to Remain Undeveloped in sustainable locations can be considered out of date in terms of the NPPF presumption in favour of sustainable development it would be illogical to then apply step 2b if this is the only negative factor. Additionally it also needs to be acknowledged that PAN30 was originally drafted to incorporate the SYPTE’s method of assessing public transport access at that time. This has since been revised and this does critically affect this sites performance when considered against the PAN30 checklist. Taking these factors into account the site is considered to be in a sustainable location.
In terms of education places, Education have confirmed that the main issue is with regards to lack of available capacity at the nearest school, Barugh Green Primary School. Furthermore additional capacity could only be provided at the Barugh Green with substantial improvements to the infrastructure of the building, the cost of which would be prohibitively expensive (approximately £1million pounds). The provision of additional places in the area would therefore only be realistically possible by providing an extension of accommodation at an alternative primary school within a 2 mile radius at a cost of £190,000.
The applicants have accepted the need to provide this funding as part of the development, which would require a S106 Agreement to be signed with the Council. The situation is not ideal as over time it might result in changes to the existing natural catchment area. However, the Council has adopted a target to deliver 21,500 new homes over the LDF plan period making this form of problem inevitable and a recent appeal case in Leicestershire on the matter indicates that a reason for refusal on education grounds would be difficult to substantiate on appeal. On balance therefore it would seem the case weighs in favour of agreeing suitable mitigation proposals with the applicants as is proposed.
The issue of timely access to local doctor’s surgeries and pharmacies is also a sensitive point. However NHS Barnsley have clarified that provision is always based on the local needs of the population and that under the terms of the GP contract the number of GP’s has to reflect the number of registered patients so that there would always be adequate provision of GP’s and supporting staff. The distance to local doctor’s extends beyond the 800m recommended, but a has been established the site would pass step 3 of the PANtaking into account access to public transport and the consultation response from SYPTE, which can only be afforded limited weight in any case and as such this is not a significant enough issue to weigh the case in favour of refusal. This point applies equally to accessibility to the school and shops and services also.
In summary of these points, the site is considered to be in a sustainable location on balance taking into account the Core Strategy, Planning Advice Note 30 and the consultation response from SYPTE. However, the development would have implications for education provision which would necessitate the payment of a commuted sum of £190,000 to fund the provision of a new classroom at a local primary school within a 2 mile radius of the site that Education would not wish to specify a the current time. This would require S106 Agreement to be signed with the Council.
Visual amenity - The application is in outline form and only seeks approval for the means of access into the development. This means that if the application is approved a second application for the approval of the reserved matters would be required for the full design details of the proposed development, which would be subject to detailed assessment under the SPD ‘Designing New Residential Development’.
However a masterplan and design and access statement have been submitted indicating how the site could be developed. This states that it is anticipated that the prevailing scale of the development would be two storeys, with a smaller proportion of two and a half storeys units in suitable locations. This is likely to be acceptable, subject to the application for the approval of the reserved matters complying with the relevant space about dwellings standards in the relevant SPD.
13 In addition, the applicant has confirmed that the application is for a maximum number of 175 dwellings. This would achieve a net density of approximately 35 dwellings per hectare on the developable area, which, given the constraints on site would be considered an acceptable density in relation to CSP14 ‘Housing Mix and Efficient Use of Land’ in my view.
Some of the objections are based on the existing greenfield nature of the site. However the site is not subject to any special designations, including Green Belt, and therefore its visual amenity attributes would not be sufficient to outweigh the presumption in favour of sustainable housing development as is stated in the NPPF.
In terms of trees there are few constraints in the majority of the areas on the site with the exception of a row of large Lombardy Poplars, which are situated in the northern section of the site and a wooded area positioned on a banking off the eastern boundary of the site. There are also some trees in gardens situated just off site. The proposal plan outlines the areas to be utilised for green space and the area for development. In the main there is a buffer between the areas where dwellings are proposed and the boundaries of the site. This means that the majority of the trees should be able to be safely retained. The row of Lombardy poplars which are more central to the site are to be retained and form part of the open space on the site. The area currently occupied by the woodland belt in the South East corner of the site is shown as not only being retained but being expanded further along the southern boundary. For such a large scale proposal very few trees will require removal and all the more visually prominent groups are to be retained.
In summary of the considerations on visual amenity, the application is not considered to raise any significant issues with regards to visual amenity considerations at the outline stage. However there would be a subsequent need to ensure that the plans accompanying an application for the approval of reserved matters accord with CSP29 ‘Design’ and the ‘Designing New Residential Development’ SPD.
Residential Amenity - The site is sensitive in terms of whether the development would afford adequate standards of residential amenity for future residents and in terms of whether it would afford sufficient protection to the residents of existing dwellings which overlook the site at present in existing open and green form.
The residents of the existing dwellings would undoubtedly suffer a loss of view, however loss of view is not a material planning consideration. As such the Council is only in a position to ensure that the living conditions of existing properties would not be unreasonably impacted via loss of privacy and overshadowing. This would need to be delivered by the Council ensuring that the plans accompanying an application for the approval of the reserved matters comply with the adopted SPD ‘Designing New Residential Development. The Council is not however considering detailed design as part of this application given that the application is only in outline form with layout, scale and appearance reserved matters. As such the main assessment of these issues would need to be carried out at the approval of reserved matters stage.
Noise is identified as the main issue sensitive in terms of whether the development would afford adequate standards of residential amenity for future residents with the noise sources being the substation, the industrial estate and the train line.
The application has been accompanied by a noise assessment which has been assessed in detail by Pollution Control Officers in Regulatory Services. The report identifies a particular problem of low frequency noise from the substation that is currently audible across a large area of the site emanating from the eastern boundary and from the industrial estate. The substation and the industrial estate are located on a raised land level in comparison to the site.
14 Specific analyses have been carried out of the noise levels from these sources, as effecting both internal levels in the proposed dwellings and external levels in the proposed gardens.
The noise assessment report concludes that noise levels within the areas of the site that it is proposed to construct the houses are higher than levels that would be acceptable at present. As such mitigation would be required using a mixture of typical thermal double glazing and high performance sound insulating double glazing with acoustically treated tickle ventilation to reduce the requirements to open windows, which is not uncommon on sites affected by noise around the country as evidenced by specific examples of other developments that have been provided.
The noise assessment also includes a draft indicative layout plan for the section of the site that is located closest to the substation and the industrial estate. The plan shows that noise levels would be highest at the houses that would be located on the eastern outer edge of the development where they would exceed recommended noise levels outside the front of the houses, but not inside the dwellings, or in their rear gardens. These houses would then provide an acoustic barrier, lowering existing noise levels for the remaining parts of the development progressively as each street of houses is provided further within the site and for the existing houses to the west on Dearne Hall Road and Dearne Hall Fold benefitting existing residents in these areas of the site.
The fact that the plan in the noise assessment is only indicative for the purposes of an outline application is of slight concern in terms of the extent it can be relied upon. However, the recommendations of the report include conditions that should be imposed on the development specifying the maximum noise levels permissible within the houses and in the private rear garden areas to take into account all the noise sources affecting the site which also include traffic, activities being carried out on Claycliffe Industrial Estate (including Weldmesh) and the railway line. Regulatory Services have confirmed that the noise limits proposed in the conditions recommended would be acceptable to meet the relevant standards.
Both CSP40 and paragraph 141 of the NPPF state that mitigation is potentially an acceptable solution and on balance therefore I would not wish to recommend refusal on noise grounds.
Conditions would be required to minimise the effects of nuisance affecting existing residents during the construction phase, including when No’s 1 and 3 Claycliffe Road are demolished. The development would also have a legal responsibility for any structural damage caused to the existing properties under civil law and any increase in noise in this already heavily trafficked area is unlikely to be significant.
Highway Safety - In accordance with CSP26 new development is expected to be designed and built to provide safe, secure and convenient access for all road users and to take mitigating action where necessary.
Highway safety issues are prevalent in the concerns expressed by local residents, BRAND, local ward Councillors and Dan Jarvis MP. However the proposal to provide a new link road through the development would have the potential to be of significant benefit to the area given the benefits of diverting existing traffic away from Dearne Hall Road (which is currently of substandard width for the category of road), together with improving the existing Barnsley Road, Barugh Land and Claycliffe Road roundabout and reducing traffic flows currently using the existing Dearne Hall Road/Barnsley Road priority junction.
The modelling also shows that traffic congestion would be reduced on Dearne Hall Road, which would be of benefit to the existing residents in these areas in terms of accessing their properties, reducing existing congestion levels and noise and air quality in these areas. Highways have also confirmed that it would be possible for them to apply to have the road downgraded and apply other restrictions including weight, or making it access only if circumstances dictate.
15 There would also be a requirement for the new road to be constructed to current standards, which would mean that full width 2m footways would need to be provided on either side of the road. This would also be an improvement upon the current situation from a pedestrian safety perspective upon which a number of representations are based upon. It would also assist improve pedestrian accessibility to local bus shops and services for all users that would assist the sustainability point.
Overall Highways consider that the link road would be of positive benefit to the area and are supported taking into account CSP26 and paragraph 32 of the NPPF which states that ‘development should only be prevented or refused where the residual cumulative impacts of development would be severe’, i.e. existing traffic congestion problems are not sufficient to dictate that an application should be refused permission. This consideration is afforded significant weight in favour.
The application also includes a travel plan which is a requirement of CSP25 ‘New Development and Sustainable Travel’ for applications of this scale. The intended aim of the travel plan is to achieve a reduction in car usage from the development. The applicant intends to fulfil these responsibilities by appointing a travel plan coordinator to provide information to residents about public transport services and cycle parking as part of the development. Whilst concerns have been expressed about whether these aims are realistic, the Council’s policy and the position in the NPPF is that this approach is supported.
Other considerations
Biodiversity
Core Strategy Policy CSP36: Biodiversity & Geodiversity states that development which harms biodiversity will not be permitted unless effective mitigation or compensatory measures can be ensured. The NPPF, at paragraph 118, also supports this position.
The site currently contains two ponds that are located in an area of marshy grassland in the eastern section of the site (ponds A and B). The ecology report that pond A supports a large population of Great Crested Newts and that the other pond B and surrounding marshland provides suitable habitat. Individual common toads were recorded on two separate occasions within the pond. Great Crested Newts and their habitats are protected under the Wildlife and Countryside Act 1981 (as amended), and by the Conservation of Habitats and Species Regulations 2010 (as amended). Great crested newt and common toad are also listed as Priority Species under the provisions of the NERC Act 2006.
Where a lawful operation is required to be carried out, which is likely to result in an offence under the legislation set out above, a European Protected Species licence may be obtained from Natural England to allow the operation to proceed. However, in accordance with the requirements of Section 53 of the Conservation of Habitats and Species Regulations 2010, a European Protected Species licence can only be issued where the following derogation requirements are satisfied:
The proposal is necessary ‘to preserve public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment’; ‘There is no satisfactory alternative’; The proposal ‘will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.’
16 The proposals do not neatly fall into the first two categories, however it could be recognised that housing need and the deficiency of the 5 year housing land supply which the Council is required to demonstrate means that there is a short term pressing need for more housing for social-economic reasons and that alternatives are not coming forward or being delivered through the planning system quick enough.
In terms of the final point, the development will not directly affect the great crested newt breeding pond itself. However it is recognised that a Licence shall be required given the potential for newts to be harmed when work is carried out in the immediate habitat. The proposals are that Pond A and the broadleaved woodland will be retained as part of the development and enhanced via the removal of New Zealand stonecrop which is present within the pond. The proposals would result in the loss of pond B as well the marshy grassland and swamp habitats surrounding this pond. However it is proposed to create at least one replacement pond of a greater size in close proximity to the existing pond as mitigation that would be located in a dedicated habitat area of 2ha that would not be designed to be accessible (a net increase in optimal newt habitat of 128%.
Whilst many of the objections are focussed upon concerns in relation to this issue, Natural England and the Biodiversity Officer are content with the survey and the form of mitigation proposed and do not object to the application as the qualified experts on the matter, however there would be a requirement for a European Protected Species Licence.
The site is also not part of a designated area such as a SSSI, or natural conservation area. As such Officers are not in a position to recommend refusal on these grounds.
Objections have also been received in relation to bats. However no bat roosts were located during the surveys and the majority of the main bat activity areas would be retained. Therefore no adverse impacts on bats are anticipated as a result.
No adverse impacts on birds are anticipated. However this would need to be ensured by the recommendation of the ecology survey being followed.
Green Infrastructure
Concerns have also been raised about potential conflict with CSP33 ‘Green Infrastructure’. However the Green Infrastructure proposal for the site in the Development Sites and Places is limited to seeking to protect the former route of the Barnsley Canal which are in water, or where a towpath exists or is a public right of way. None of these are applicable on this site with it having been filled in on this section and the agricultural use of the affected areas of the site at present. In addition no houses are proposed to be constructed over the indicative location of the former canal route.
Drainage/Flood Risk
Flood risk is another common concern expressed in the objections. However the developable areas of the site have been informed by a Flood Risk Assessment to ensure that all of the houses would be located in flood zone that the Environment Agency uses to categorize sites that are at least risk of flooding.
17 The northern end of the proposed access road is located in a flood zone 2 (a 1 in 1000 year flooding event) and residents have provided a number of photographic record showing this area of the site and Dearne Hall Road submerged under a considerable amount of water during a number of flooding events. However the proposal represents an opportunity for modern drainage systems to be provided within the site and it would be a requirement for the development to include SUDS (2 large drainage ponds are indicated) and other storage capacity to ensure that run off rates do not exceed that from the existing field and deal with existing problems of areas of surface water that gather at the site, which should also benefit the area as a whole.
The report advises that there is a risk that the new road might become flooded on occasion, however this is not afforded the same weight as though dwellings would be affected in planning policy terms and a sequential approach is not required for this reason. The proposals have been assessed by the Environment Agency, the Senior Drainage Engineer and Yorkshire Water as the authorities on the matter and the outcome of their assessment is that no objections are raised subject to the imposition of appropriate conditions.
Ground conditions
The ground investigation report has identified that the site is at risk from contamination and shallow coal workings requiring mitigation measures. SYMAS and Regulatory Services are content that the risks have been understood for the purposes of an outline application and do not object subject to conditions requiring the full information to be provided prior the commencement of development.
The proposal is also likely to have implications for archaeology with the former Barnsley Canal route passing through the site and other remains from earlier eras. SYAS are content with the initial report provided and there would be a need for a condition to agree site investigation works to ensure that any features of significance found are recorded and retained where practicable. Consequently SYAS do not object.
Air Quality
An operational phase air quality assessment was submitted in support of this application, which was appraised by Pollution Control officers. The assessment followed an agreed methodology and examined the increased emissions from traffic from the proposed development on the existing road network and nearby properties. The assessment also included an assessment of emissions from permitted development in the adjacent area and the existing road network. The assessment then compared the resulting concentrations of the polluting gas nitrogen dioxide (NO2,) and fine inhalable particles (PM10 particles) against UK and European Union air quality standards, these two air pollutants being strongly associated with traffic emissions. The assessment concluded that the standards would still be met with the increase in emissions from the proposed development. In particular, the assessment looked closely at concentrations at nearby properties close to the roundabout at the junction of Claycliffe Road, Barugh Lane and Barnsley Road, also taking into account any re-configuration of the roundabout as a result of the proposed development. Pollution Control's appraisal of the assessment concluded that the methodology of the assessment was appropriate and therefore, as the proposed development would not result in breaching of air quality standards, Pollution Control did not object on air quality grounds.
18 Other housing development considerations
Open space provision – In accordance with CSP35, CSP42 and the SPD: Open Space Provision on New Housing Developments, all residential development over 20 units are expected to provide green space, whether that be on site or through a financial contribution to upgrade existing infrastructure. The SPD indicates that provision should be on site for developments of this scale. 3.6ha of open space is proposed to be retained as part of the development, although not all of this should be classed to be within the developable area of the site, including the area underneath the powerline and the dedicated habitat open space. The application is however only at outline stage with details of layout a reserved matter. As such it is considered that agreeing suitable public open space provision can be dealt with by condition, which may need to include a Neighbourood Equipped Play Area as has been indicated by the initial greenspace assessment carried out.
Affordable Housing – Core Strategy policy CSP15 identifies the area of the borough where the site is located as one where 25% of the proposed dwellings in a scheme will be expected to be affordable. The applicant has carried out a viability appraisal, which has informed an offer of 10% of the dwellings to be affordable on site at a mix of 75% social rented and 25% intermediate affordable housing similar to the mix requested by the Affordable Housing Officer. This is judged to be acceptable taking into account the advice of Paragraph 173 of the NPPF which states that:- ‘The costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure, contributions, or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable’.
Sustainable Construction – The existing policy requirement is that dwellings are constructed to a level 3 rating under the Code for Sustainable Homes and that the developments CO2 emissions are reduced by 15% by incorporating suitable design measures. The proposal is for the dwellings to be constructed to code level 3 to satisfy policy CSP2. However the viability appraisal to allow for 10% affordable housing provision is based upon the 15% CO2 policy not being applied. CSP5 should be applied flexibility in cases where viability is an issue. On balance therefore this proposal is considered acceptable to allow for the proposed amount of affordable housing to be provided as part of the development.
Conclusion
In summary, the site is designated Urban Land Remain Undeveloped in the UDP. However the relevant policy is classed to be out of date by the National Planning Policy Framework which means that the application should be considered in the context of the presumption in favour of sustainable development and permission granted, unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole; or -specific policies in the Framework indicate development should be restricted.
My assessment concludes that the impacts of the proposed development would not be so significant and adverse to indicate that the application should be refused taking into account the planning policy considerations and other material considerations summarised in the assessment section of the report including:-
The need to deliver Council’s adopted target of 21500 new homes over the LDF plan period and the sites inclusion within the Urban Barnsley settlement which is at the top of the settlement hierarchy and the absence of a 5 year housing land supply.
The fact that the site would essentially pass the Council’s Planning Advice Note 30 that is used to judge the sustainable location of housing sites given that the Urban Land to
19 Remain Undeveloped policy is out of date post publication of the NPPF and the North Gawber Colliery site appeal decision.
The proposal would be able to deliver a form of housing development that would meet with the adopted policies on housing mix, design, safeguarding the amenities of existing residents, public open space to be ensured via a mix of conditions and at the approval of reserved matters stage.
Conditions/obligations could be imposed to ensure that the proposals deliver public open space, sustainable construction and an amount of affordable housing in relation to relevant policies commensurate to the prevailing viability of the site.
The impacts of the development in terms of flood risk, biodiversity (including Great Crested Newts as a European Protected Species), green infrastructure air quality, noise, land stability and contamination and archaeology are capable of being mitigated to the satisfaction of consultees.
The highways benefits of the proposals are accepted as mitigation by highways and are not objected to on air quality grounds.
Therefore it is recommended to the Board that the application is granted planning permission subject to the conditions listed below, which include the need for the development to provide education and affordable housing provision in accordance with planning policy requirements as part of a S106 Agreement.
Recommendation
Grant planning permission subject to conditions and completion of a S106 Agreement (provision of education provision and affordable housing – public open space to be secured via a condition)
Grant subject to:-
1 Application for approval of the matters reserved in Condition No. 1 shall be made to the Local Planning Authority before the expiration of two years from the date of this permission, and the development, hereby permitted, shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved. Reason: In order to comply with the provision of Section 92 of the Town and Country Planning Act 1990.
2 The development hereby permitted shall not be commenced unless and until approval of the following reserved matters has been obtained in writing from the Local Planning Authority:-
(a) the layout of the proposed development. (b) scale of building(s) (c) the design and external appearance of the proposed development. (d) landscaping
Reason: In order to allow the Local Planning Authority to assess the details of the reserved matters with regard to the development plan and other material considerations.
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3 Detailed plans accompanying the reserved matters submission shall be designed in substantial accordance with the Land Uses Plan (Dwg. Ref. no. IL21235-020 Rev B) and the following details stated within the application:- -Provision of a maximum number of 175 dwellings -Provision of a new link road through the development to be constructed to classified road standards which is designed to facilitate the downgrading of the B6428 Dearne Hall Road -Predominately two storey development Reason: In order to define the permission, for the avoidance of doubt.
4 Detailed plans shall accompany the reserved matters submission indicating existing ground levels, finished floor levels of all dwellings and associated structures, road levels and any proposed alterations to ground levels. Thereafter the development shall proceed in accordance with the approved details. Reason: To enable the impact arising from need for any changes in level to be assessed and in accordance with LDF Core Strategy Policy CSP 29, Design.
5 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: -The parking of vehicles of site operatives and visitors -Means of access for construction traffic -Loading and unloading of plant and materials -Storage of plant and materials used in constructing the development -The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate -Wheel washing facilities -Measures to control the emission of dust and dirt during construction -Measures to control noise levels during construction Reason: In the interests of highway safety, residential amenity and visual amenity, in accordance with Core Strategy Policies CSP 26 and CSP 40
6 Prior to the commencement of development, details shall be submitted to and approved in writing by the Local Planning Authority of arrangements which secure the following highway improvement works: (i) Provision of the means of access works/highway improvement works indicated on 08/241/TR/003 Rev D 'proposed access arrangement Dearne Hall Road) and 08/241/TR/026 Rev C 'proposed compact roundabout' (ii) provision of any necessary improvement to public footpaths in the area (iii) Provision/relocation of street lighting; (iv) Provision/relocation of highway drainage; (v) Resurfacing/reconstruction of footway/carriageway; (vi) Signing/lining; (vii) Measures to prevent mud/debris on the public highway
The works shall be completed in accordance with the approved details and a timetable to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.
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7 Prior to any works commencing on-site, a condition survey (including structural integrity) of the highways to be used by construction traffic shall be carried out in association with the Local Planning Authority. The methodology of the survey shall be approved in writing by the Local Planning Authority and shall assess the existing state of the highway. On completion of the development a second condition survey shall be carried out and shall be submitted for the written approval of the Local Planning Authority, which shall identify defects attributable to the traffic ensuing from the development. Any necessary remedial works shall be completed at the developer's expense in accordance with a scheme to be agreed in writing by the Local Planning Authority. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.
8 Development shall not commence until details of the phasing of the development has been submitted and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details. Reason: To ensure a safe and adequate highway network, in accordance with Core Strategy Policy CSP 26.
9 No development shall take place until:
(a)Full foul and surface water drainage details, including a scheme for the provision and limitation of surface water run off limitation into the watercourse and a programme of works for implementation in accordance with the principles set out in the Flood Risk Assessment (version 1.8, dated September 2013), have been submitted to and approved in writing by the Local Planning Authority:
(b) Porosity tests are carried out in accordance with BRE 365, to demonstrate that the subsoil is suitable for soakaways;
(c) Calculations based on the results of these porosity tests to prove that adequate land area is available for the construction of the soakaways;
Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented and the scheme shall be retained throughout the life of the development. Reason: To ensure proper drainage of the area, in accordance with Core Strategy policy CSP4.
10 The landscaping details to be submitted pursuant to condition no.2 above shall include:
i) proposed finished levels or contours; ii) indications of all existing trees and hedges to be retained and means of protection thereof during construction; iii) public open areas; iv) soft landscaping; v) means of enclosure; vi) car parking layouts; vii) other vehicle and pedestrian access and circulation areas; viii) hard surfacing materials; ix) minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting etc); and
22 x) proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines, indicating lines, manholes, supports etc.) Reason: In the interests of the visual amenities of the locality, in accordance with Core Strategy Policy CSP 29.
11 Prior to the commencement of development or other operations being undertaken on site in connection with the development, the following documents prepared in accordance with BS5837 (Trees in Relation to Construction 2005: Recommendations) shall be submitted to and approved in writing by the Local Planning Authority:
Tree protection plan and barrier details (TPP) Arboricultural method statement (AMS)
No development or other operations shall take place except in complete accordance with the approved methodologies. The erection of barrier's for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the 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 off in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority. Reason: To ensure the continued well being of the trees in the interests of the amenity of the locality.
12 The development hereby permitted shall not begin until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of public open space in accordance with the adopted LDF Supplementary Planning Document 'Open Space Provision on New Developments'. Provisions and arrangements shall address and contain the following matters: (i) The delineation and siting of the proposed public open space (ii) The type and nature of the facilities to be provided within the public open space including where relevant the provision of play equipment which shall be supplied and installed to a specification as agreed with the Local Planning Authority. (iii) The arrangements to ensure that the Public Open Space is laid out and completed during the course of the development (iv) The arrangements for the future maintenance of the Public Open Space (v) any necessary enhancements to off site public open space
The provision of the open space shall be provided prior to completion of the development in accordance with the approved scheme. Reason: In the interests of residential and visual amenity to ensure adequate provision of public open space in accordance with the adopted Open Space Provision on New Developments LDF SPD
13 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries of materials shall only take place between the hours of 0800 to 1800 Monday to Friday and 0900 to 1400 on Saturdays and at no time on Sundays or Bank Holidays. Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40.
23 14 Prior to commencement of development an investigation and risk assessment to assess the nature and extent of any contamination on the site shall be submitted to and approved in writing by the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: o human health, o property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, o adjoining land, o groundwaters and surface waters, o ecological systems, o archeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. The development shall be carried out in accordance with the approved report including any remedial options. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Core Strategy Policy CSP 39.
15 The dwellings shall achieve a Code Level 3 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved. Reason: In the interest of sustainable development in accordance with Core Strategy Policy CSP2.
16 The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the National Planning Policy Framework or any future guidance that replaces it. The scheme shall include: i. The numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 10% of housing units/bed spaces; ii. The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iii. The arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing] (if no RSL involved)
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iv. The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and v. The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced. Reason: To meet identified housing need in accordance with Core Strategy Policy CSP 15.
17 Prior to commencement of development full details of the mitigation measures identified in the Ecological Survey prepared by BSG Ecology (March 2013), including a timetable for their implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details. Reason: To conserve and enhance biodiversity in accordance with Core Strategy Policy CSP 36.
18 No development, including any demolition and groundworks, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for archaeological investigation and this has been approved in writing by the Local Planning Authority. The WSI shall include:
-The programme and method of site investigation and recording. -The requirement to seek preservation in situ of identified features of importance. -The programme for post-investigation assessment. -The provision to be made for analysis and reporting. -The provision to be made for publication and dissemination of the results. -The provision to be made for deposition of the archive created. -Nomination of a competent person/persons or organisation to undertake the works. -The timetable for completion of all site investigation and post-investigation works.
Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed. Reason: To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated in accordance with Core Strategy Policy CSP 30.
19 No development shall commence until a scheme of measures for the treatment of shallow mine workings and/or any other mitigation measures (e.g. gas protection) to ensure the safety and stability of the proposed development have been submitted to and approved in writing with the Local Planning Authority. The development shall only be implemented in accordance with the approved details including any mitigation measures which are identified as being necessary. Reason: In order to address potential land instability issues in accordance with CSP39 'Contaminated and Unstable Land'
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20 No development shall commence until a detailed scheme has been submitted to and approved by the Local Planning Authority in writing in order to mitigate the impact of low frequency noise from the electrical substation to the south east of the site, as shown on plan IL21235-020 Rev B, upon noise levels within the dwellings hereby permitted. The scheme shall broadly accord with the Cole Jarman Planning Noise Assessment submitted as part of the application dated 13 June 2013 (Report 13/0190/R1 Revision 6) and shall:
a) demonstrate that internal noise levels at the 100Hz one-third octave band centre frequency shall not exceed an unweighted 48dB Leq 5 min during the day (0700- 2300h) and 43 dB L eq 5 min min at night (2300-0700h) respectively at any location with the dwellings due to the operation of the electrical substation; and b) include specifications for the installed performance of external building fabric such as windows and include the provision of alternative means of background ventilation in order to achieve the noise levels set out in (a) above.
The development shall be carried out in accordance with the approved scheme Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40.
21 The development hereby permitted shall not commence until a detailed scheme has been submitted and approved by the Local Planning Authority in writing in order to mitigate the impact of low frequency noise from the electrical substation to the south east of the site, as shown on plan IL21235-020 Rev B, upon noise levels within the gardens of the dwellings hereby permitted. The scheme shall broadly accord with the Cole Jarman Planning Noise Assessment submitted as part of the application dated 13 June 2013 (Report 13/0190/R1 Revision 6) and shall demonstrate that within each garden there is provision for an area subject to noise levels at the 100Hz one -third octave band centre frequency shall not exceed an unweighted 54 dB L eq 5 min due to the operation of the electrical substation.
The development shall be carried out in accordance with the approved scheme Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40.
22 A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any part thereof, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out in accordance with the approved plan. Reason: In the interests of the visual amenities of the locality, in accordance with Core Strategy Policy CSP 29.
23 Prior to commencement of development details of a scheme for biodiversity enhancement shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to occupation of the building and retained as such thereafter. Reason: In the interests of enhancing biodiversity in accordance with Core Strategy policy CSP36 Biodiversity and Geodiversity
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2013/0280 – Residential development with associated public open space, landscaping and link road (outline)
Land to the south east of Dearne Hall Road and 1 and 3 Claycliffe Road, Barnsley
Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA10002264
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2013/0894 Mr Ron Brannon Residential development of 37 dwellings (Reserved Matters in connection with application 2013/0203) Roy Kilner Road, Wombwell, Barnsley, South Yorkshire
2 letters of objection received
Site Description
Roy Kilner Road is located on the Aldham House Estate on the northern edge of Wombwell. The application site is part of a large area of public open space traversed by a series of public footpaths. The wider open space contains sports pitches and a children’s play area. The application site, which covers 1.58 hectares, is amenity grassland with a path linking one end of Roy Kilner Way to the other. Houses fronting Roy Kilner Way, Longfield Close, Yvonne Grove, Wilson Street and Rose Grove border the site.
There are mature trees on the site next to No. 1 Storey’s Gate and in a gap on the road frontage on Rose Grove. Otherwise this is a featureless area of gently undulating grassland.
Proposed Development
The application is for reserved matters following the grant of outline planning permission 2013/0203. The outline approval granted permission for the means of access. Therefore this application is for layout, the scale of the buildings, design, appearance and landscaping.
This proposal is for a mixture of house types including a two storey block of 4 apartments, 32 houses and a bungalow. There are 14no. 2 bedroom houses, 13no. 3 bedroom houses and 3no. 4 bedroom houses. The bungalow has 3 bedrooms and the apartments all have 2 bedrooms.
Two of the proposed houses front onto Rose Grove, the remainder of the units are to the rear of the houses fronting the surrounding streets. Some of the trees in the gap on Rose Grove will need to be felled to accommodate these houses and the line of the existing footpath would need to be modified. A condition on the outline permission covers this matter but an application has already been made to divert the path, which is under consideration.
It is stated that the homes are to be tailored to meet the demand for low cost houses to rent and is matched to the profile of the Council’s weighting list. It is proposed to meet Code Level 4.
Policy Context
Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy, Saved UDP policies and the Joint Waste Plan. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations.
The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation.
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Core Strategy
CSP1 Climate Change CSP2 Sustainable construction. CSP 4 Flood Risk CSP5 Renewable energy. CSP8 Location of Growth. CSP 10 Distribution of New Homes CSP14 Efficient use of land CSP15 Affordable housing CSP25 New development and sustainable. CSP26 New Development and Highway Improvement CSP29 Design. CSP35 Green Space. CSP 39 Ground Conditions CSP 42 Infrastructure & Planning Obligations
Saved UDP Policies
The site is mainly within a housing allocation although it is also partly within greenspace on the saved UDP proposals map.
SPDs/SPGs
Designing new housing development Parking
Emerging Development Sites and Places DPD
The Draft Development Sites and Places DPD shows part of the site allocated for housing and in part it is shown as a greenspace.
NPPF
The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At its heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise.
Paragraphs of relevance to this application are:
17 – Presumption in favour of sustainable development 50 –Delivering a wide choice of high quality homes 56 – Requiring good design
Consultations
Highways- No objections subject to conditions.
29 Footpaths- No objections.
Pollution Control- No objections subject to conditions
Trees- No objections subject to conditions
Affordable Housing Officer- No objections
YWA- No objections.
SYMAS – No objection
Architectural liaison Officer – Recommended that good surveillance is made of all footpaths and open areas and the development aims to achieve the standards of Secured by Design
Representations
2 letters of objection received raising the following matters:
Concern is expressed about increased anti-social behaviour from these family houses.
Loss of privacy from the erection of the 2-storey apartment block and adjoining car park, directly at the bottom of a neighbouring garden. The neighbour who lives on Rose Grove is concerned about the noise of the cars being parked there and the possible gathering of youths, ball games etc. being played in that area.
There will also be a semi-detached house built at the side of the same neighbours on Rose Grove, this will make them feel hemmed in. They thought no one could build on that space between them and 70 Rose Grove. .As such, they will not feel comfortable sitting in the garden, due to lack of privacy & car fumes just over the fence.
It is stated that there is already a huge traffic problem due to so many new housing estates being built in the area, which lead onto the main Barnsley road. It can take 40 minutes to get from Wombwell-Barnsley (which is a 5 mile drive) with the backlog of traffic as it is
The new road will be running alongside an established play area, which features slides & various other play activities. By putting a road so close by, it's only a matter of time that a child is injured or killed.
Concerns the appearance of the houses will not fit in with the surrounding area. They will probably be multi-coloured as most new housing estates are and will depreciate the house prices in the area.
Assessment
Principle of development - Outline permission has already been granted under reference 2013/0203. The majority of the site is allocated for housing in both the UDP and the draft DSAP. The submitted plans show that there are 3 buildings located on that part of the site shown as being greenspace on the UDP. Core Strategy policy CSP35 indicates that areas allocated as greenspace should be retained unless amongst other things compensation is provided to address the loss of greenspace.
30 At outline stage it was considered that the development of this site was acceptable in principle, subject to agreeing the precise details of the compensation for loss of green space in line with CSP35. A condition was imposed requiring a scheme for the provision of or enhancement to off- site open space to be submitted before development commences. Discussions are ongoing regarding the proposals with a number of ideas being looked at including additional tree planning and landscape improvements in the local area. However, this condition would remain, and would still need to be complied before commencement of development if this reserved matters application was approved. Overall the proposed use of the site for residential purposes has been established as acceptable in principal.
Residential Amenity - On the outline application there were suggestions that the apartment block would be three storeys but this has now been revised to a two storey development to reflect the character of the area which consists of mainly two storey dwellings.
In terms of the impact on existing properties the proposed layout achieved or exceeds the recommended separation distances in the SPD on Designing New Housing Development, in order to prevent any significant loss of light or privacy to neighbouring occupiers. The concern raised regarding noise and disturbance from the car park to the apartment block can be mitigated against through suitable landscaping and boundary treatment which can be conditioned as part of any approval.
The proposed layout provides for a spacious development to achieve appropriate levels of internal and external space standards as set out in the South Yorkshire Residential Design Guide and potential occupants of the proposed dwellings would be afforded sufficient levels of amenity. . The only instance where there is a short rear garden is in relation to the bungalow but overlooking would be avoided by boundary fencing.
Taking all these matters into account, the proposal conforms with policy CSP 29 and the Designing New Housing Development SPD in relation to levels of residential amenity.
Visual Amenity - The loss of greenspace has been accepted with the grant of outline permission and the development of the site represents an appropriate infilling of the land between 84 Rose Grove and 20 Longfield Close. The continuation of Roy Kilner Road is logical in design terms and would provide a safe, secure pedestrian route. The proposal would also provide much improved natural surveillance over to southern end of the playing field as well as far more secure boundaries at the rear of existing dwellings on Rose Grove, Wilson Street, Yvonne Grove and Longfield Close.
Some trees will need to be removed in order to construct the houses which face onto Rose Grove, however no others will be removed and as such the loss of a few trees in this instance is acceptable. The plans provided show extensive tree planting which will more than compensate for the loss of existing trees to be removed. The level of planting proposed is acceptable, and spread throughout the site. Details of the type and species of trees proposed, and protection of the trees to remain, can all be secured through appropriate conditions.
The majority of the development consists of two storey semi-detached properties which are in line with the predominant house type in the immediate locality. The development also provides for a bungalow, detached house, and an apartment block which provides a variety of house types for the scheme which is in line with the guidance in the NPPF on providing a mix of housing. The materials used will be tiled roofs and brick walls. Red brick would be used in the main with yellow brickwork added to provide interest and character to the development. In the surrounding area there are a mixture of brick types with red brick and buff brick predominant. The design of the dwellings are therefore considered to be of a good standard and reflective of the character of the area.
31 Overall, the proposal is considered a high quality development that optimizes the development potential of the site whilst respecting its context. In respect of design matters/visual amenity, the proposal complies with policy CSP 29 and the Designing New Housing Development SPD.
Highway Safety - Means of access was approved at the outline planning stage and the layout of the road network follows that approved at outline stage. The reason access is proposed from the north east is that there is only one-sided development along that section of Roy Kilner Road and consequently it only serves 30 dwellings at present. Conversely, the south western section of Roy Kilner Road provides access to Longfield Close, Low Laithes View and Storey’s Gate and therefore experiences higher vehicular movements throughout the majority of the week. The same also applies with Rose Grove.
It is accepted that the north eastern section of Roy Kilner Road does provide access to the playing fields and that there can be high demand for on street parking when matches take place. However, given the frequency of matches, it is considered preferable to utilize the section that is quieter for the vast majority of the time.
The plans show sufficient off street parking for the proposed units with the parking areas interspersed by landscaping to improve the frontage design. The application has not met with any objections from Highways subject to the compliance with conditions.
Education - The issue of education contribution was addressed at outline stage. In the report that went to Planning Board for the associated outline application the issue was addressed as follows:
“Education have confirmed that there is a projected shortage of primary school places in Wombwell from next year and that this development would generate approximately 8 additional school places therefore adding to the projected shortage. However, in the past, contributions have only been sought via a S106 agreement where a development would generate 30+ places, as this results in an additional classroom being required. It would therefore be unreasonable to seek a contribution towards the full cost of a classroom given that the development would only generate just over a quarter of the pupils that it could accommodate. It is also important to note that the housing scheme has been submitted by Berneslai Homes and is funded via the Housing Revenue Account. As such, the scheme is not for profit and a requirement to provide a contribution would impact on the viability of the scheme. Given that the scheme is being submitted to address an outstanding housing need and for the reasons explained above, it is not considered that a contribution should be sought.”
Ground Conditions - The site is not within a coal mining referral area and there are no shafts on or adjacent to the site. In lights on the letters, South Yorkshire Mining Advisory Service were consulted at the outline stage. They were aware that there have been some issues to the north of the site, associated with historic deep mining but were entirely confident that the proposed dwellings would not be affected due to the standard of modern foundations. On this basis, the proposal does not conflict with Policy CSP 39.
Footpath - An application has been made to permanently divert the existing footpath, and Members will note there is a separate report on this diversion on the agenda. The proposal is to move the footpath a distance of approximately 10 metres. The new footpath will remain within the area of public open space and will be accessed through a new gap in the fence on Rose Grove. A temporary diversion application has also been submitted for the two sections of Roy Kilner Road, but this would only be temporary for the health and safety of users. This will provide an alternative route to the Roy Kilner path and the permanent diversion alignment will provide the alternative for the Rose Grove route
32 Renewable Energy - The applicant is proposing to build the dwellings to Code Level 4, which exceeds the current minimum of Level 3. As a result of the financial implications of achieving level 4 and given the scheme is a public sector (i.e. not for profit), it is not viable to achieve an additional 15% reduction in CO2 emissions in accordance with policy CSP 5. However, the policy does allow a relaxation where it is not viable to achieve the requirement and as the proposal exceeds the minimum sought under CSP 2, the scheme achieves broader sustainability requirements.
Conclusions
The scheme has an outline approval which has established the principle of residential development at this site and the means of access.The proposal represents a logical infill development with a layout that reflects the surrounding area in accordance with policy CSP 29. The proposal also ensures existing residents, and occupants of the proposed dwellings, are afforded sufficient levels of amenity and reflects the requirements of the Designing New Housing Development SPD.
The proposed access was approved at outline stage when it was considered acceptable in respect of highway safety and the highway network is capable of accommodating the level of traffic generated by the scheme. The scheme is also considered acceptable when assessed against other relevant development plan policies and material considerations.
Recommendation
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 2 years from the date of this reserved matters approval. Reason: In order to comply with the provision of Section 92 of the Town and Country Planning Act 1990.
2 The development hereby approved shall be carried out strictly in accordance with the plans 14-1-1076-100-104 inclusive, 14-1-1076-30-39 inclusive, 14-1-1076-46/46, 14-1-1076-20/21, 14-1-1076-98 and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.
3 No development shall take place until full details of the proposed external materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 29, Design.
4 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, full details of both hard and soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained. The approved hard landscaping details shall be implemented prior to the occupation of the building(s). Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.
33
5 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which die within a period of 5 years from the completion of the development, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with other of similar size and species. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.
34
120
25 10
1
Aldham 4
7 Path (um) 35
3 6
9 40
41
GROVE ROSE 25
ALDHAM HOUSE LANE 49
52
ROY KILNER ROAD Playing Field
35
62
10 59
68
4
20 70 37 19
23 Playing Field ROSE PLACE
15
20
11a
11 43
8
49 12
84 12
LOWLAITHES VIEW
15
11
7
LONGFIELDCLOSE 38
GROVE 2
El Sub St a 6
5 ROSE
1 2
ROY KILNER ROAD 55
48
52
147 96
54 129
37
1
47 49 STREET
2 59
GATE WILSON 137
66 CLOSE 14 AVENUE
2 STOREY'S YVONNE
5 GROVE
64. 7m WAINWRIGHT TCB
Hudson Haven
24
10
9
69
1 17
16
68
11 11
21
73 20
30
70 15
24
14 77 33 28
1
YVONNE
31 21
18 21 5 70. 2m
40 80 GROVE 7
30 22 WAINWRIGHT PLACE
34
11 79
2013/0894 – Residential development of 37 dwellings (Reserved2 Matters in connection with High View Yo uth Centre application 2013/0203)
Roy Kilner Road, Wombwell, Barnsley
Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA10002264
35
2013/0940 KS Dawson Erection of 1 no detached dwellinghouse (Plot 2). Land off Ben Bank Road (Rear of 94 and 98), Silkstone Common, Barnsley
6 letters of objection have been received Silkstone Parish Council have objected to the scheme
Introduction
This application was considered by Members at Planning Regulatory Board meeting on 22nd October 2013. Members deferred their decision in order for officers to negotiate a higher level of compensation for loss of greenspace, and for landscaping details to be submitted (including extra heavy standard tree planting).
The applicant has now agreed to increase the level of compensation from £3,000 to £5,000. In addition, a landscaping scheme has been submitted as Members requested.
A late objection was received on the day of the October PRB meeting, which raises issues relating to additional traffic utilizing the access and the impact upon the objector's property adjacent to the road in terms of enjoyment of home and garden and in terms of highway safety. These concerns are addressed in the report below.
Background
Two applications were made in 2005 each to build 1 detached dwelling on land to the rear of 94 and 98 Ben Bank Road. (B/05/132/PR Plot 1 and B/05/1333/PR Plot 2). Plot 1, to the west, was granted planning permission and has now been built, but plot 2 was refused. The reasons for refusal stated:
1. The site lies within an area allocated as Urban Greenspace in the UDP. In accordance with policy GS34 such areas will normally remain open and undeveloped unless the adverse effects of this loss is to be offset by compensatory improvements or additions. In the absence of such compensatory improvements or additions, the present proposal is therefore contrary to policy GS34.
2. In the opinion of the LPA the development proposed would be materially detrimental to the visual amenities of this area by reason of the impact of the proposed building on existing trees, contrary to policy GS22 of the UDP.
3. In the opinion of the LPA the development of this backland site would be materially detrimental to the occupants of the adjoining dwellings by reason of the dwellings overbearing and overshadowing impact SPG3. In addition the proposal will result in the loss of vegetation and an open space that contributes positively to the character of the area. The proposal is therefore contrary to policy H8D of the UDP, and SPG Note 3 “Infill Residential Development”.
36 The applicant appealed against the decision to refuse planning permission but the appeal was dismissed. In dismissing the appeal, the Inspector wrote:
Character and appearance
“The site is different in character from the fields to the east and the woodland to the north, but I consider it currently has a natural and open character, particularly with the mix of trees on the site. Taken together with these other areas, it extends the semi-rural feel of the area up to the edge of the developed part of Silkstone common and, in my opinion, forms an area of amenity value in terms of its designation as an urban greenspace”.
In respect of the trees on the site, the Inspector says:
“I am satisfied from the appellant’s aboricultural report that the bulk of the trees and hedgerows on the site could be retained or replaced subject to an appropriate landscaping condition…however, this does not outweigh my view that to develop the site as proposed would significantly detract from its open character and its function in terms of an urban greenspace”.
In respect of effect of amenity on adjacent residents, the Inspector wrote:
“”Given its distance form No 96 and the other dwellings on Ben Bank Road, I do not consider the proposal would have a significant effect on the occupiers of these properties”.
Site Location and Description
The site is located to the rear of 94 and 98 Ben Bank Road, Silkstone, reached by an access road which climbs up from Ben Bank Road that serves two new properties with a spur to the site. The site itself is L shaped, running behind the houses on Ben Bank Road and is at a high level than them and on ground that continues to slope upwards gently from the access road.
The site has been completely cleared of vegetation. This appears to have been undertaken relatively recently.
To the east is a substantial new property (plot 1 referenced above) facing the site; to the north is sparse Birchwood; to the west are hawthorn hedgerows with pasture beyond, and to the south are properties on Ben Bank Road separated from the site by some remaining trees and vegetation.
Proposed Development
Permission is sought to erect a single large detached dwelling house with integral triple garage on this large plot.
The design would be very similar to that recently erected on plot 1. It is proposed to have two stories to the main part of the house, with the garaging taking advantage of the change in slope to be less noticeable within the landscape and to provide additional accommodation above.
The ground floor would comprise a full height entrance hall, with lounge, kitchen, dining room leading off. A conservatory is proposed to the rear of the property and a balcony to the games room, both looking to the east. An L shaped off shoot would provide a 5th bedroom and games room. At lower ground level this would provide garaging for 3 cars, a workshop/garden store and gym.
37 To the first floor, 4 bedrooms and a house bathroom are proposed with the master suite having a balcony facing east.
Externally, the property would be of traditional design, of natural stone with stone quoins and stone slate roofs with two small dormers, in keeping with the character of the area and high quality detailing such as stone mullions are also proposed to the fenestration.
The southern side of the property ( which faces the rear of the properties on Ben Bank Road), has been designed to minimise overlooking with only 3 small slit windows to the garage proposed, glazed with obscure glass. The games room does have a balcony which looks out to the east, and is approximately 7m to the boundary of the site. However, this is at the garage level on the lowest part of the site and looking to the extreme right may have a limited view of outbuildings belonging to properties on Ben Bank Road with dwellings further away. However, intervening vegetation would minimise this aspect. The nearest habitable room window overlooking that direction is one to the kitchen which is approximately 15m to the boundary.
Policy Context
The site is allocated as Urban Greenspace in the Unitary Development Plan.
Planning decisions should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy, and saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations.
The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation.
Core Strategy
CSP 35 – Greenspace – We will only allow development proposals that result in the loss of Greenspace where assessment shows that there is too much of a particular type of greenspace in an area, or an appropriate replacement greenspace of at least equivalent community benefit is provided or the development is for small scale facilities to support or improve the proper function of the greenspace.
CSP 26 – New Development and Highway Improvement – New development will be expected to be designed and built to provide safe, secure and convenient access for all road users.
CSP29 – Design – High quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley. Development should enable people to gain access safely and conveniently.
CSP2 – sustainable construction – all dwellings will be expected to demonstrate how it minimises resource and energy consumption.
Saved UDP Policies
Policy H8 (Existing Residential Areas) – Areas defined on the proposals map as Housing Policy Areas will remain predominantly in residential use.
38 H8A – The scale, layout, height and design of all new dwellings proposed within the existing residential areas must ensure that the living conditions and overall standards of residential amenity are provided or maintained to an acceptable level both for new residents and those existing, particularly in respect of the levels of mutual privacy, landscaping and access arrangements.
H8D – Planning permission for infill, back land or tandem development involving single or a small number of dwellings within existing residential areas will only be granted where development would not result in harm to the local environment or the amenities of existing residents, create traffic problems or prejudice the possible future development of a larger area of land.
SPDs/SPGs
SPD ‘Designing New Housing Development’
SPD ‘Parking’ provides parking requirements for all types of development.
Other material considerations
South Yorkshire Residential Design Guide – 2011
SPG Silkstone Parish Design Statement’
NPPF
The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise.
In respect of this application, relevant policies include:
General principles para 17 Design para 58 – 65
Consultations
Silkstone Parish Council – Object on the basis that this proposal is considered to be tandem development which is against Silkstone Parish Council Village Design Statement.
Yorkshire Water Services Limited – No comments received
Highways DC – No objection subject to conditions
Drainage – No objections subject to conditions
Policy - Compensation is requested in lieu of provision of alternative greenspace in the areas in accordance with CSP 35.
39 Representations
The application was advertised via neighbour notification letters, 6 letters of objection have been received of which two are from the same objector. Issues raised include the following:
Site lies within an area of urban greenspace Development would be seriously detrimental to the amenities of the area and to the occupants of the adjoining dwellings due to overbearing and overshadowing. The location plan is inaccurate, and does not show the property at 96 Ben Bank Road which is in close proximity to the site Plot 1 is already a prominent and overbearing presence and this proposals will intensify these aspects Topographical aspects of the site and proposed development in relation to the existing dwellings would be an imposing and overbearing presence Approval of the proposed dwelling would be at odds with planning policy in the area. The sustainability of the proposal is questioned since plot 1 has only recently been occupied Noise dust and disturbance for plot 1 was unacceptable. The loss of vegetation I and open space is disadvantageous to local wildlife and the fabric of the village The site may have had protected species on it when it was cleared in summer 2013 Development of this site will reduce the capability of the land to absorb rainfall Executive homes are not required as there are already a lot of empty homes in the borough There is a covenant to protect the western boundary of the protected woodland Additional traffic utilising the access Impact on home and garden from increase in noise
Assessment
Material Consideration
Principle of development Design and layout Residential Amenity Highway Safety Other matters
Principle of development - CSP 35 states that we will only allow development proposals that result in the loss of greenspace where an appropriate replacement greenspace of equivalent community benefit, accessibility and value is provided in the area it serves.
The site has been recently cleared of vegetation and several objectors have noted that this occurred only this summer. Whilst this is disappointing, and has no doubt had a negative impact on the wildlife habitats in this area, the land is in private ownership. In addition, the site and adjoining woodland do not have any formal designation or protection and the trees were not protected by a tree preservation order. Further, the site is not included in the Silkstone Parish Design Guide as any particularly notable greenspace. Any protective covenant relating to the woodland is not a material planning consideration.
40 Development on urban green space is only acceptable in certain circumstances mentioned under CSP 35 above. In this case, it is considered that because of the size and nature of this urban greenspace, it would be best compensated for by a financial contribution towards providing or improving greenspace elsewhere in the area, rather that replacement land elsewhere. The applicant has agreed to a contribution of £5,000, up from £3,000, as a compensation for this loss which would be the subject of a Section 106 legal agreement. In addition, a high quality landscaping scheme has been proposed, which can be secured by way of a planning condition to compensate for the vegetation lost. On this basis, the erection of a single dwelling is considered acceptable in principle.
Design and layout - The site is reasonably well screened from the road by properties on Ben Bank Lane and by the remaining vegetation at the boundaries of the site. Whilst there would be glimpses of the property, it would be viewed in the context of other backland development.
Whilst large, the design of the dwelling is of high quality traditional design but with modern character and space standards. It is almost a mirror image of that granted planning permission in plot 1. The size and style of such a dwelling in this location is therefore already established and there is a mix of roof heights and orientations which breaks up the mass of the dwelling. The high quality traditional materials and detailing comply with that advocated by the Silkstone Parish Design Statement and the additional use of stone and stone slates, as well as stone copings, lintels cills, mullions and jambs further enhances the design.
The proposed property makes use of the site levels to increase the floor area of the property by creating a lower ground floor to the south, whilst appearing as a relatively traditional two storey property from the frontage. This is in accordance with the Silkstone Parish Design Statement which advocates that 3 stories should only be where the ground floor is hidden by the ground contours.
Overall I consider the proposal complies with CSP 29, SPD Designing New Housing Development and the South Yorkshire Design Guide and the Silkstone Parish Design Statement.
Residential Amenity - The site falls in level from north to south towards Ben Bank Road with the proposed dwelling being at a higher level that the properties on Ben Bank Road. This proposal is of almost identical design and location to the one which was previously refused and objectors are concerned that the dwelling would be prominent and overbearing. Backland development can also be a concern due to the disturbance associated with the proposed access, which would run along and to the rear of existing dwellings. However, in this instance, the access is already established and it is not considered that the increased use of this access would result in a level of disturbance sufficient to warrant refusal of the application.
In terms of the impact of the dwelling itself, the southern boundary of the site is still reasonably vegetated and the proposed dwelling has been designed so that the part closest to the rear of Ben Bank Road properties is at lower ground floor and ground floor level. I consider that this would not be overbearing on the neighboring properties. In her appeal decision, the Inspector also took this positions stating:
“Given its distance form No 96 and the other dwellings on Ben Bank Road, I do not consider the proposal would have a significant effect on the occupiers of these properties”.
In terms of the proposed design, the part closest to the rear of Ben Bank Road properties is at a lower ground floor and ground floor level with obscured glazed window facing the properties on Ben Bank Road. The balcony to the games room faces east, though it would be possible to look south. However, the southern view is screened by vegetation at the southern boundary. I am satisfied that there will be no significant loss of privacy as a result of this proposal.
41 In addition, overshadowing would be limited given that the proposed dwelling would lie to the north of existing dwellings. There are also adequate separation distances to avoid any overshadowing effects and to ensure the dwelling would not appear overbearing. The proposal is therefore in compliance with CSP 29, SPG 31, UDP Policy H8A and H8D. In addition, space standards well exceed those in the South Yorkshire Residential Design Guide.
Sustainability - Policy CSP2 requires all homes to be constructed to CFSH level 3. No details have been provided regarding energy efficient technologies or renewable energy technologies and no indication has been provided by the applicant confirming compliance with CFSH3 so a condition is therefore required.
Highway Safety - The scheme provides in excess of the level of parking considered acceptable, however on street parking is a local problem and as such the level of parking provided is welcomed and considered acceptable. Adequate space is also left to allow cars to enter and leave the site in forward gear and up to 5 dwellings can be served from an unadopted access road. Given these factors, Highways therefore raise no objections to the scheme. Overall, the proposal is therefore considered acceptable in terms of highway safety in accordance with CSP 26 and 29 and UDP Policy H8D.
Other matters - One objection related to the accuracy of the location plan as it did not show Number 96 Ben Bank Road. This property was specifically mentioned by the Inspector in her decision letter, and each site is visited by officers in their assessment of an application. The accuracy of a location plan is not a material consideration to the acceptability of a proposal.
Drainage of the site was raised as an issue by an objector. However, the Drainage Officer has no objections to the proposal subject to conditions’
Objectors raised the need for executive homes and their sustainability as there are already many empty homes in the borough, especially as plot 1 was only recently occupied. Whether or not a development is necessary is not a material consideration, and in fact, Cabinet Report 4.7.2012/8 set out the need for executive housing in the borough.
One objector was concerned because the long build period for plot 1 generated Noise dust and disturbance a long period of time. Whilst the LPA cannot control how long a development take, a condition could be attached to ensure working hours are limited in order to minimise disturbance to local residents..
Conclusion
Policy CSP 35 states that we will only allow development proposals that result in the loss of greenspace where an appropriate replacement greenspace of equivalent community benefit, accessibility and value in provided in the area it serves. In this case, it is considered that because of the size and nature of this urban greenspace, it would be best compensated for by a financial contribution towards providing or improving greenspace elsewhere in the area, rather than replacement land elsewhere. The applicant has agreed to a contribution of £5,000 as compensation for this loss which would be the subject of a Section 106 legal agreement.
The scheme is considered acceptable taking into account the impact on the character and appearance of the area, which already includes a number of backland developments. The proposed dwelling would also have an acceptable relationship with existing dwellings in terms of levels of overshadowing, overlooking and loss of outlook. In addition, highway safety would be maintained. The proposal therefore complies with relevant development plan policies and is acceptable when assessed against other material considerations.
42 Recommendation
Grant subject to a S106 Legal Agreement requiring the payment of £5,000 as compensation for loss of urban greenspace.
Grant subject to:-
1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.
2 The development hereby approved shall be carried out strictly in accordance with the plans: 2005/009/03 Proposed Floor Plans Plot 2, 2005 /009/04 Proposed Elevations Plot 2 2005/009/007 Proposed Site Layout and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.
3 No development shall take place until full details of the proposed external materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 29, Design.
4 No development shall take place until:
(a) Full foul and surface water drainage details, including a scheme to maintain or reduce existing run off rates and a programme of works for implementation, have been submitted to and approved in writing by the Local Planning Authority:
(b) Porosity tests are carried out in accordance with BRE 365, to demonstrate that the subsoil is suitable for soakaways;
(c) Calculations based on the results of these porosity tests to prove that adequate land area is available for the construction of the soakaways;
Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development. Reason: To ensure proper drainage of the area in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.
5 No development shall take place until details of measures to prevent mud/debris from being deposited onto the public highway to the detriment of road safety have been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved measures shall be retained for the whole construction period. Reason: In the interests of highway safety.
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6 Prior to the commencement of development plans to show the following levels shall be submitted to and approved by the Local Planning Authority; finished floor levels of all buildings and structures; road levels; existing and finished ground levels. Thereafter the development shall proceed in accordance with the approved details. Reason: To enable the impact arising from need for any changes in level to be assessed and in accordance with Core Strategy Policy CSP 29, Design.
7 The gradient of the access for at least 5 metres from the highway boundary shall not exceed 1 in 12. Reason: In the interests of the safety of users of the highway.
8 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, full details of both hard and soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained. The approved hard landscaping details shall be implemented prior to the occupation of the building(s). Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.
9 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which die within a period of 5 years from the completion of the development, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with other of similar size and species. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.
10 The dwelling shall achieve Code Level 3, in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been submitted to the Local Planning Authority certifying that Code Level 3 has been achieved. Reason: In the interest of sustainable development and in accordance with Barnsley LDF Core Strategy Policy CSP2, Sustainable Construction.
11 Pedestrian intervisibility splays having the dimensions of 2 m by 2 m shall be safeguarded at the drive entrance/exit such that there is no obstruction to vision at a height exceeding 1m above the nearside channel level of the adjacent highway. Reason: In the interest of road safety in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement.
12 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries of materials shall only take place between the hours of 0800 to 1800 Monday to Friday and 0900 to 1400 on Saturdays and at no time on Sundays or Bank Holidays. Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.
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13 No development works shall begin until a report, endorsed by a competent engineer experienced in ground contamination and remediation, has been submitted and agreed with the Local Planning Authority. The report shall, amongst other matters, include the following:- 1. A survey of the extent, scale and nature of contamination. 2. An assessment of the potential risks to human health, property, adjoining land, groundwaters and surface waters, ecological systems and archaeological sites and ancient monuments. 3. An appraisal of remedial options, and proposal of the preferred option(s). 4. A remediation statement summarising the works to be undertaken (if required). The above must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. The development shall thereafter be undertaken in full accordance with the submitted report. Reason: To protect the environment and ensure the site is suitable for the proposed use in accordance with policy CSP39.
45 Path (um)
Hill Top Wood
SP
46 HALL ROYD LANE 1
Hall Line Royd
4 Court View 34A 34
4
20 3
1 10 Champany Lodge 18
Stone Croft 8
BEACON CLOSE 1 HALL ROYD LANE
Hall
76 74
62 Path 90
48
94
98 112 158.5m 108 160.9m
160.1m 159.7m 158.8m BEN BANK ROAD 29
37
Path
27 67
61
162.6m 65
El Sub Sta 57a 31
1 2 15
57
11
11a 6 11
11a 12 35 14 15
MOORLAND PLACE1
25 16
14 47 24 Hall Royd Wood
24
57 VIEWLANDS
23 25
26 71
27
36 HALL ROYD WALK 36 1
46
31 Recreation Ground
2013/0940 – Erection of 1 No. detached dwellinghouse (Plot 2) Path (um)
Land off Ben Bank Road (Rear of 94 and 98) Silkstone Common, Barnsley
Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA10002264
46
2013/0800 Mr Terry Smith Erection of detached Bungalow (outline) Sunningdale, Hawthorne Street, Shafton, Barnsley, S72 8NT
Introduction
This matter has been brought to PRB at the request of a local Elected Member who has also requested a site visit.
Site Description
Hawthorne Avenue is at the northern end of Shafton. There is a mix of traditional stone buildings and modern infill development. Some of the rear gardens on the east of Hawthorne Road back on to open countryside. Sunningdale is a small bungalow in a reasonably large plot that is on sloping land. There is a stone retaining wall on the roadside and some mature landscaping behind. The red brick bungalow is obscured from view and is accessed via a driveway at the side. The properties to the south are on similar sized plots. There are modern properties to the north with pedestrian access off Litton Walk, which has steps down to Hawthorne Street.
Proposed Development
This is an outline application for a detached bungalow with the applicant requesting that only layout and access to be considered as this stage.
It is proposed to erect a bungalow at the rear utilising the existing driveway, which would be upgraded. This would include widening, improved visibility splays that would involve removal of part of the front retaining wall and remodelling of the land behind. The driveway will be split so that the existing bungalow will have two independent parking spaces served from the front garden. The existing bungalow would retain a 10.5m long rear garden. The new bungalow would also have a 10.5m long rear garden and the front to back distance would be 22m. The proposed bungalow would be on slightly higher ground.
An application has also been submitted for a rear extension to the existing bungalow (application reference 2013/0801) which, at the time of writing this report, remains undetermined. However, the extension would not project any further to the rear than an existing off-shoot at the back of the property.
Policy Context
Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations.
The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation.
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Core Strategy
CSP1 Climate Change CSP2 Sustainable construction. CSP3 SuDS. CSP8 Location of Growth. CSP14 Efficient use of land CSP15 Affordable housing CSP25 New development and sustainable. CSP26 New Development and Highway Improvement CSP29 Design.
Saved UDP Policies
The site is within Housing Policy Area on the UDP.
SPDs/SPGs
Designing new housing development Parking
Emerging Development Sites and Places DPD
The Draft Development Sites and Places DPD allocates the site as Urban Fabric.
NPPF
The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise.
Relevant paragraphs of the NPPF are as follows:
Paragraph 14 – Presumption in favour of sustainable development Paragraph 56 – Good design
Consultations
Highways- No objections subject to conditions.
Drainage- No objections subject to conditions.
Representations
Neighbouring properties were notified by letter but no representations have been received.
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Assessment
Principle of development - The National Planning Policy Framework set out a presumption in favour of sustainable development unless there are any significant and demonstrable impacts that would outweigh the granting of planning permission. In this instance the Council has an adopted Supplementary Planning Document Designing New Housing Development that sets out a clear position on backland (tandem) development such as that being proposed. It states that:
1. Tandem development, with one dwelling directly in front or behind another sharing the same access, will almost always be resisted. 2. Backland development is most effective where it includes a number of dwellings served by an adopted highway, which is capable of being used by refuse and other servicing vehicles. Long, narrow private drives (typically in excess of 30m), which would result in excessive ‘man carry distances’ should be avoided. 3. Backland development may be more acceptable in circumstances where there is an existing use at the rear of dwellings and where residential development would benefit the amenity of existing residents and the character and appearance of the locality.
With regards to point 1, the application proposes a new dwelling directly behind the existing property, and would utilise the same access. It is therefore contrary to this aspect of the SPD.
With regards to point 2, the proposal is for a single dwelling which would be accessed off a private drive, with the drive being in excess of 30m (it would be 42 metres from the front of the proposed dwelling to the access onto Hawthorne Street). This would result in bins having to be carried a substantial distance along the drive to the access onto Hawthorne Street. The proposal is therefore also contrary to this aspect of the SPD.
With regards to point 3, the existing use of the site is as rear garden area connected with the existing property. There is no separate use and therefore the development would not lead to an improvement to the amenity of the existing residents or the character of the area. The proposal is therefore also contrary to this aspect of the SPD.
In principal the proposal would be contrary to the SPD on Designing New Housing Development and contrary to associated Policy CSP 29 which seeks to ensure that development is appropriate to its context.
Residential Amenity - The appearance and scale of the dwelling is not under consideration and so the positioning of windows and size of the building is not under consideration at this stage. However, given it is a bungalow that is being applied for then it is likely to be a predominantly single storey structure which would lessen the impact on neighbouring properties. In addition, windows can be positioned to ensure minimum separation distances are achieved.
However, the proposal would involve increased use of a private drive leading to increase in nuisance to the occupiers of the adjacent houses through flashing of headlight at night, revving engines, and miscellaneous other disturbances related to vehicular traffic. In addition the proposal would result in an increase in activity and disturbance on the site in close proximity to the rear private garden areas of neighbouring properties. There will therefore be a detrimental impact on neighbouring amenities.
49 Visual Amenity - The proposal would involve works to improve the driveway and introduction of a hard surfaced driveway and parking at the front to serve the existing bungalow. The mature landscape and stone retaining wall will be modified and there will therefore be an impact on the character of the streetscene. In addition the proposal would introduce a building to the rear of existing frontage development in an area that is predominantly open. The granting of this proposal could therefore set a precedent for neighboring properties to do the same which would be of detriment to the character of the area. The NPPF states that development should look to improve the character and quality of the area and it is not considered that the siting of the dwelling in this location achieves that objective.
Highway Safety - Provided the existing driveway is modified to accommodate the additional traffic no objections are raised from Highways.
Conclusions
The Council has a clear adopted SPD policy that backland or tandem development should be resisted for single dwellings using a long private drive directly behind an existing property. The application is seen as contrary to this adopted guidance.
Recommendation
Refuse
1 In the opinion of the Local Planning Authority, the proposed development would be contrary to saved UDP Policy H8D, Core Strategy policy CSP 29, the NPPF, and SPD 'Designing New Housing Development', in that it would be an undesirable form of backland development, inappropriate in its context, harmful to the character and appearance of the area, and materially detrimental to the amenities of adjacent properties by reason of increased noise, disturbance, activity from the proposed scheme.
50 18
19
17
10 15 11
9 15 11
21 HAWTHORNE STREET 7
3 Bedale Walk 5 1
1 19
MILLSIDE WALK 4
18 3
12 16
5 HOLLY FARM
Hawthorne 1 House Shafton
2
12 8
SCEPTONE GROVE
Hawthorne 10 Farm Sunningdale
Litton Walk Laurel
2
4 Lodge 2
2 Stonecroft
4 5
6 1 Thorn Lea
12 2
5 26 3 24 16
Pear Tree 16 Farm
Ballintava 47 48 Sycamore Lodge STREET
1 6 30
CHAPEL 6a 44 2
Rosedene 43
20
16 HAWTHORNE Shafton
Methodist 1 128 126
122 Church Hopton Farm 31
124 12O 118 14 11 WAY 12 2
15 2013/0800 – Erection of detached bungalow (outline)CHAPEL CLOSE Sunningdale, Hawthorne Street, Shafton, Barnsley
Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA10002264
51 BARNSLEY METROPOLITAN BOROUGH COUNCIL
PLANNING APPEALS
1st October to 31st October, 2013
APPEALS RECEIVED
The following appeals have been received during this month
Reference Details Method of Committee/Delegated Appeal
2013/0760 Erection of single storey detached Written Delegated garage Representation 28/08/2013 19 The Balk, Staincross, Barnsley
APPEALS WITHDRAWN
2012/0801 Residential development (Outline), Land at Sheffield Road, Penistone, was withdrawn for the month of October
APPEALS DECIDED
Reference Details Method of Decision Committee/ Appeal Delegated
2012/0691 Erection of single 50Kw wind Written Allowed Committee turbine (Height of mast 24.6 m Representation 24/10/2012 height to blade tip 34.2m) Land at Cockle Edge Farm Huddersfield Road, Ingbirchworth
2013/0679 Erection of front porch Written Allowed Delegated extension to dwelling Representation 08/08/2013 3 The Beeches, Hemingfield, Barnsley
7 Appeals decided since April 2013 5 Appeals allowed since April 2013 28.5% of all appeals dismissed since April 2013
52