METROPOLITAN BOROUGH COUNCIL

PLANNING COMMITTEE

24TH NOVEMBER, 2009

A MEETING of the PLANNING COMMITTEE was held at the MANSION HOUSE, DONCASTER on TUESDAY, 24TH NOVEMBER, 2009 at 2.00 p.m.

PRESENT:

Chair – Councillor Edwin Simpson Vice-Chair – Councillor Norah Troops

Councillors Patricia Bartlett, Susan Bolton, Karen Hampson, Beryl Harrison, Eva Hughes, Mick Jameson, Georgina Mullis, Margaret Pinkney and Yvonne Woodcock.

50. DECLARATIONS OF PERSONAL OR PREJUDICIAL INTEREST, IF ANY

In accordance with the Members Code of Conduct, all Members declared that they had been lobbied in respect of Planning Application No.08/02695/FUL, which is referred to as Schedule No. 1 in the Schedule of Planning Applications, but had given no opinion thereon.

In accordance with the Members Code of Conduct, Councillor Mick Jameson declared a personal interest in respect of Planning Application No.09/00190/OUT, which is referred to as Schedule No.2 in the Schedule of Planning Applications, which is attached hereto to Appendix ‘A.

51. MINUTES OF THE MEETING HELD ON 3RD NOVEMBER, 2009.

RESOLVED that the minutes for the meeting held on 3rd November, 2009 be approved as correct record and signed by the Chair.

52. DEFINITIVE MAP MODIFICATION ORDER – EASTERN BOUNDARY OF THE EAST COAST MAIN LINE ON TOAD HOLES LANE, TO M18 UNDERPASS, LOVERSALL.

The Committee considered a report presented by George Diprose, Public Rights of Way Officer, which reported on a direction made by the Secretary of State for Wildlife and Countryside to Doncaster Council to make a Definitive Map Modification for a right of way which subsists or reasonably subsists between the eastern boundary of the East Coast Main Line on Road Holes Lane, Rossington and the underpass below the M18 at Loversall. RESOLVED that:-

(1) a Definitive Map Modification Order adding a right of way between the eastern boundary of the East Coast Main Line on Toad Holes Lane, Rossington and the Underpass below the M18 at loversall, be made; and

(2) if there are no objections made to the order, or if all objections received are withdrawn, then authority to permit confirmation of that order, be given.

53. PLANNING AND OTHER APPLICATIONS

RESOLVED that upon consideration of a Schedule of Planning and Other Applications received, together with the recommendations in respect thereof, the recommendations be approved in accordance with the Schedule hereto and marked Appendix ‘A’.

54. TOWN AND COUNTRY PLANNING ACT 1990, SECTION 106 AGREEMENTS.

RESOLVED that, prior to the issue of planning permission in respect of the following planning application, which is included in the Schedule of Planning and Other Applications marked Appendix ‘A’ and attached hereto, the applicant be required to enter into an agreement under Section 106 of the Town and Country Planning Act 1990, regulating the development:-

09/00190/OUTA Construction of Inland Port (Strategic Rail Freight Interchange) together with ancillary infrastructure and operational development comprising:- (i) an intermodal terminal and rail and road served distribution units (562,000 m2) in Use Class B8 (including ancillary B1/B2 Floorspace); (ii) road, rail and other infrastructure facilities and works, including the Southern arm of junction 3 M18, first section of FARRS, rail access from the Joint Line to the west and from the branch colliery line from the East Coast Main Line; (iii) the re-alignment of the St Catherines Well Stream and other water courses; (iv) landscaping; (v) continued agricultural use, landscape, ecological and flood mitigation and enhancement; (vi) other ancillary works. 55. PLANNING COMMITTEE SITE VISITS

Details of an additional application were circulated at the meeting, for the Committee’s consideration. Members were also invited to consider whether they wished to visit the following site in advance of the application being presented to the Planning Committee:-

Continued use of the existing Hatfield Moor reservoir for natural gas storage and extraction on 1,890 hectares of land at Moss Croft Lane, Hatfield Woodhouse.

RESOLVED that, on this occasion, the Planning Committee do not visit the application site suggested in the report in advance of it being presented to Committee for decision.

56. PLANNING APPEAL DECISIONS

RESOLVED that the following decisions of the Secretary of State and/or his inspectors in respect of the under-mentioned Planning Appeals against the decisions of the Council, be noted:-

08/03220/FUL Conversion of existing Appeal Allowed dwelling to form 14/10/2009 extension to care home for the elderly mentally infirm, including formation of ground floor infill extension (4.2m x 6.2m overall) and staff parking area, and alterations at East Wing, Rock House, Road,

09/01160/FUL Raising of roof height of Appeal Dismissed existing bungalow in 04/11/2009 connection with formation of rooms in roof space and replacement of existing flat roof above garage with pitched roof at 122 Broadwater Drive, Dunscroft, Doncaster, South Yorkshire. 57. EXCLUSION OF PUBLIC AND PRESS

RESOLVED that the public and press be excluded from the remaining proceedings of the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972, as amended, on the grounds that exempt information as defined in Paragraph 6 of Schedule 12A is likely to be disclosed.

58. ENFORCEMENT CASES RECEIVED AND CLOSED FOR THE PERIOD OF 16TH OCTOBER TO 8TH NOVEMBER, 2009 (Exclusion Paragraph 6).

The Committee received a report, which informed Members of all Planning Enforcement Complaints Cases and Section 215 cases received and closed during the above period.

RESOLVED that the Enforcement Cases received and closed for the period 16th October to 8th November, 2009, be noted. Appendix ‘A’ 4th November, 2009

Schedule of Planning Applications

Schedule No. 1

Application No. 08/02695/FULA

Ward: Sprotbrough Parish: Hampole and Skelbrooke Parish Meeting

Proposal: Erection of 5no wind turbines, associated infrastructure and services on approx 4.82.00 ha of land.

Location: Land West of A1, South of A638 Wakefield Road, Hampole, Doncaster, South Yorkshire.

Applicant: Npower Renewables Ltd

Agent:

Date of Valid Application: 11th September, 2009

Decision: deferred for further consideration.

In accordance with Planning Guidance ‘Have your say at Planning Committee’, Councillor Jonathan Wood, Cynthia Ransome, Doreen Woodhouse and Nick Balliger (on behalf of the residents) spoke in opposition to the application for the duration of five minutes each.

In accordance with Planning Guidance ‘Have your say at Planning Committee’, Joanna Thompson from Npower spoke in support to the application for the duration of five minutes.

In accordance with the Members Code of Conduct, all Members declared that they had been lobbied on the above Application, but had given no opinion thereon.

Councillors Sue Bolton and Mick Jameson requested that their dissent from the decision be recorded. Schedule No. 2

Application No. 09/00190/OUTA

Ward: Rossington Parish: Rossington/Loversall Parish Council

Proposal: Construction of an Inland Port (Strategic Rail Freight Interchange) together with ancillary infrastructure and operational development comprising:- (i) an intermodal terminal and rail and road served distribution units (562,000 m2) in Use Class B8 (including ancillary B1/B2 floorspace); (ii) road, rail and other infrastructure facilities and works, including the Southern arm of junction 3 M18, first section of FARRRS, rail access from the South Yorkshire Joint Line to the west and from the branch colliery line from the East Coast Main Line; (iii) the re-alignment of the St Catherines Well Stream and other water courses; (iv) landscaping; (v) continued agricultural use, landscape, ecological and flood mitigation and enhancement; (vi) other ancillary works.

Location: Land West Of, West End Lane, Rossington, Doncaster

Applicant: Helioslough Limited

Agent: CGMS Limited

Date of Valid Application: 2nd February 2009

Decision: Conditional Permission Granted subject to the Secretary of State after referral of the application as a departure from the development plan allows the Council to determine the application and approval of the outstanding highway matters and subject to the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) in relation to the following matters:-

A. Transport Contribution The provision of funding to contribute to the upgrading of M18 The provision of funding for the implementation of FARRRS The provision of funding for off site footpath/cycle way enhancements Specific improvements to Junction3 of M18 including signalisation of Junction 3 improvements to the west bound access slip road.

B. Travel and Freight Management Plan The implementation of the Travel Plan incorporating Employee Travel Plan and Freight Management Plan

C. Connection of Proposed Development to FARRRS and to the former Rossington Colliery site to ensure the maximum regeneration benefits of the development be fulfilled

D. Off site Ecology -The provision and management of ecological areas outside the application site -The setting up of a partnership board (membership to include the YWT) to manage and monitor the ecological mitigation areas and a mechanism to fund its work.

E. Training The provision and funding of training facilities to support the development.

And subject to the following revised and additional conditions:-

10. No development plot or building shall be occupied until a freight line and other infrastructure required to ensure rail use linking that plot or building to the existing rail freight line has been constructed and the rail link is operational unless otherwise agreed in writing by the LPA. The rail line and other infrastructure shall be constructed in accordance with the details to be submitted and approved in writing by the LPA and shall be retained for that purpose and no railway line or siding shall be removed, realigned or close to rail traffic unless otherwise agreed in writing by the LPA.

15. Prior to the commencement of development, a plan for the protection and enhancement of species protected under the Wildlife and Countryside Act 1981 (Amended 2008) and associated habitats, shall be prepared in collaboration with the Yorkshire Wildlife Trust and submitted to and agreed in writing by the local planning authority. The plan shall cover impacts during both the construction and operational phases of the development and must encapsulate all proposed habitat mitigation and enhancements shown on ‘Fig 4-11 Mitigation and Enhancement’. The development shall thereafter proceed only in strict accordance with the agreed plan unless the local planning authority approves otherwise. 16. Prior to the commencement of development an ecological management plan shall be prepared in collaboration with the Yorkshire Wildlife Trust and submitted to the Local Planning Authority for approval in writing. This shall include details of the following:

 Clear time and feature specific goals for habitat creation and management.  Details of those BAT habitats necessary to create an effective ecological corridor comprising river meanders (if possible), open water, fen, species rich grassland, wet grassland and broadleaf woodland.  Details of all measures to be undertaken for protected species present on site.  Management practises for all retained and created habitats, landscape features and green roofs that are present on site.  A bi-annual monitoring and review programme designed to establish whether the habitat creation goals are being achieved, and inform any appropriate changes in management that may be required.  The mechanism for providing financial support for the managing, monitoring and review of the ecological areas.  The establishment of a partnership board for the management of the mitigation land, including membership (to include the YWT) and terms of reference.

The management practises within the approved plan will then be implemented for the lifetime of the proposed development. Reports detailing the results of the monitoring programme, and any suggested changes in management will be submitted to the Local Planning Authority in years 1, 2, 4, 8, 12, 16 and 20 following the commencement of development.

18. Within the perimeter zone identified on the approved plan

(a) the ridge height of any buildings constructed within the zone shall not exceed 10.3m (16m AOD)

(b) no building within the zone shall be constructed within 62m of the application boundary.

(c) a ground modelling bund of minimum height of 3.5m (9.2m AOD) shall be constructed within the area numbered 3 and labelled Eastern Greenway on the Key Parameters Plan.

(d) a 2.5m high acoustic closed boarded fence shall be constructed on the top of the bund REASON In the reduce the visual and aural impacts on neighbouring land. 30. Details to be submitted with Reserved Matters required by condition 2 shall include a plan showing the vertical and horizontal alignment of the roundabout that connects Bankwood Lane and how access across the to the former colliery site can be achieved given the height and width clearances required by the Environment Agency. REASON To ensure that the future benefits for the regeneration of Rossington are not compromised.

In accordance with Planning Guidance ‘Have your say at Planning Committee’, Terry Wilde on behalf of Rossington Parish Council/CPRE spoke in opposition to the application for the duration of five minutes.

In accordance with Planning Guidance ‘Have your say at Planning Committee’, David Rolinson from Spawforths on behalf of UK Coal and Terry Smithson on behalf of Yorkshire Wildlife Trust spoke in support to the application for the duration of five minutes.

In accordance with the Members Code of Conduct, Councillor Mick Jameson declared a personal interest in respect of the above application by virtue that he was a Member on the Potteric Carr Outside Body.

(matters of clarification and report updates were reported at the meeting).

STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION

The Local Planning Authority has decided to grant planning permission:-

Because having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations including the following policies and statements

Doncaster Unitary Development Plan (adopted March 1998) Policy GEN 2 New Development GEN 3 Regeneration Priority Areas GEN 6 Environmental Quality GEN 7 Sustainability ST7 Transport Integration SEMP 1 Job protection and creation SENV 1 Protecting the Countryside SEMP 3 Land for industrial and business development EMP 2 Existing Employment Area EMP 6 Existing Employment Area ENV 3 Development within Green Belt ENV 16 Development affecting agricultural land ENV 18 Landscape and Landscape features ENV 21 Trees and woodlands ENV 25 Conservation Areas ENV34 Listed Buildings ENV 37 Archaeology ENV 4O SSSI ENV 4I SSI ENV 42 Ecology ENV 43 Ecology ENV 44 Wildlife Corridors ENV 49 Wildlife Habitats ENV 50 Protected Species ENV 52 Design standards of new buildings ENV 53 Scale and appearance of new development ENV 59 Protection of trees ENV 60 Landscaping in new development schemes T2 Highways Schemes T 5 New development and the highway network T6 Public Transport T 22 HGV Access T 33 Freight Movement T34 Doncaster Carr Railport T 38 Rights of Way

Regional Spatial Strategy for YH 1 Overall approach and key spatial priorities YH 2 Climate change and resource management YH 5 Principal towns YH 7 Location of development YH9 Green Belt Policy SY 1 Strategic objectives for South Yorkshire sub area E 4 Regional Priority Sectors and Clusters EN 7 Agricultural Land EN 8 Biodiversity T 4 Freight T 9 Transport investment and management priorities

National Planning Policy Statements and Guidance PPS 1 Delivering Sustainable Development PPS 2 Green Belt PPG 4 Industrial & Commercial Development and Small Firms PPS 9 Nature Conservation PPG 13 Transport PPS 22 Renewable Energy PPS 25 Development and Flood Risk

Draft National Planning Statement PPS 4 Planning for Prosperous Economies

DMBC Emerging Local Development Framework Core Strategy DMBC Interim Planning Position Statement IPPS: Employment

DMBC Interim Planning Position Statement IPPS: FARRRS

And having taken into account all of the material planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed development is acceptable.

The proposal represents a justifiable departure from the Development Plan and the site’s location in the Green Belt because -

The RSS promotes Doncaster as key location for the logistics and distribution industries. The Council is satisfied that the applicants have undertaken a robust economic site selection process. The proposed drainage and flood risk provisions have been approved by the Environment Agency. The Highways Agency has no objection to the proposed improvement schemes subject to the terms of the proposed Section 106 Planning Obligation and appropriate planning conditions. The proposals for the mitigation and enhancement of wildlife habitats are acceptable, having regard to the views of Natural . The effects of the proposed development on residents have been carefully considered but the Local Planning Authority is satisfied that the effects are acceptable The Local Planning Authority takes the view that the demonstrable economic benefits of the proposals, which would reinforce key policies of the adopted UDP and the RSS, as well as emerging local planning policies, are sufficient to outweigh the objections raised and in particular justify a departure from the Green Belt restrictions referred to in Policy ENV 3 of Doncaster UDP. The development will lead to a significant net reduction in HGV traffic and emissions due to the transfer of freight from Road to rail which is considered to be an important benefit

Schedule No. 3

Application No. 09/01891/COU

Ward: Bessacarr

Proposal: Change of use from residential (Class C3) to day nursery (Class D1)

Location: 8 Bawtry Road, Bessacarr, Doncaster, South Yorkshire

Applicant: Mr D Barker Date of Valid Application: 6th August, 2009

Decision: Conditional Permission Granted.

STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION

The Local Planning Authority has decided to grant planning permission :-

1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:

PH 12 - Establishment of Non Residential Use within Residential Policy Area T5 - Highways PPS1 - Delivering Sustainable Development

2. For the following reasons:

Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed garage extension and formation of hipped roof to garage is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the Doncaster Unitary Development Plan, taken together with advice in the relevant national planning policy guidance, justifies the proposed change of use to nursery (D1).

The proposed change of use is not considered to be significantly harmful to the amenities of occupiers of neighbouring properties or will generate a significant level of traffic to the detriment of highway safety as a result of the proposed opening times and limited numbers of children present. The proposal is therefore acceptable, subject to adherence to the attached condition.