Committee Report

Report Precis

Report of the Assistant Director Planning and Regulatory Services To the Planning Regulatory Board Date 23/07/2013 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

2012/1330 Refuse Page 4

Erection of 1 no. 50m high wind turbine (to hub) and associated development. Land South West of Ingfield Farm, High Lane, Ingbirchworth, Penistone, Sheffield, S36 7GG

2012/1380 Refuse Page 16

Installation of 1no 50kW wind turbine on a 24m monopole mast (34.2m to blade tip) Westfield Farm, Royd Moor Road, Thurlstone, Sheffield, S36 7RD

2013/0565 Refuse Page 25

Erection of a detached agricultural workers dwelling - Amendment to previously approved application 2011/0638 The Old Pit Yard, Off Bagger Wood Lane, Hood Green, Barnsley, S75 3HL

2013/0450 Approve Page 32

Outline for residential development (up to 30 dwellings) and formation of access road Land to the east of Station Road, Royston, Barnsley, S71 4HQ

2013/0528 Approve Page 46

Residential development of 23 no. dwellings, 2 pairs of semis and 19 detached properties Land at Hill Top Lane, Barnsley, South Yorkshire, S75 2RF

2012/0537 Approve Page 57

Residential development (Outline). Willowgarth High School, Brierley Road, Grimethorpe, Barnsley, S72 7AJ

2013/0553 Approve Page 69

Erection of ceremony building with provision of associated access road, parking and site landscaping and new outdoor children’s play area. Burntwood Court Hotel, Common Road, Brierley, Barnsley, S72 9ET

2013/0580 Approve Page 79

Erection of 1 no. micro scale wind turbine (14.97m to hub, 5.6m diameter blades) Globe Farm, Church Lane, High Hoyland, Barnsley, S75 4BE

2012/0062 Approve Page 90

Erection of boundary wall, siting of caravans, erection of chalet & alterations to ground levels. (Part retrospective) 32A Michaels Estate, Grimethorpe, Barnsley

2013/0340 Approve Page 96

Erection of 1 no detached bungalow with detached double garage. Land to rear of 2 Doghill Drive, Shafton, Barnsley, S72 8NW

2013/0332 Approve Page 104

Change of use to decontamination of end of life vehicles and recovery of vehicle parts. Unit L12, Bromcliffe Park Industrial Estate, Monk Bretton, Barnsley, S71 5RN

2011/1248 Approve Page 113

Variation of condition 3 of application 2007/1365 - extension of time limit to complete work on site Carlton Colliery Site, Shaw Lane, Carlton, Barnsley, S71 3HJ

2012/1330 Mr Robert Knowles Erection of 1 no. 50m high wind turbine (to hub) and associated development. Land South West of Ingfield Farm, High Lane, Ingbirchworth, Penistone, Sheffield

87 objections Objections from Councillor Barnard and Councillor Millner.

Background

The Council considered that the proposal gave rise to significant environmental effects and, accordingly, considered EIA was required. However, the applicant requested a final Screening Direction from the Secretary of State. He stated that the development was not EIA development within the meaning of the 2011 Regulations. Accordingly the proposal does not require EIA.

Site Location and Description

The site lies to the south west of Ingbirchworth village at a distance of approximately 450m. The site comprises an open field set within a distinctly rural, undulating landscape which is punctuated by a scattering of farmsteads within fields divided by distinct dry stone walls. Access is proposed from High Lane which lies to the north east of the site with an access routing through the existing caravan site which lies to the north of the site. The nearest dwelling lies to the north east of the site on the edge of the settlement of Ingbirchworth.

Proposed Development

It is proposed to erect a three bladed wind turbine with a hub height of 50m and a height to blade tip of approximately 76m. Each blade would measure approximately 26m. The turbine has a rated output of 500kW (0.5MW). Power generated from the turbine would be fed directly into the Grid. The generation of renewable energy is considered to constitute the applicant’s case of potential very special circumstances.

Policy Context

The site lies within the Green Belt on the adopted Unitary Development Plan.

Planning decisions should be made in accordance with the development plan unless material considerations indicate otherwise. The development plan consists of the Core Strategy and the Joint Waste Plan, and saved Unitary Development Plan policies.

The Council has also produced a Consultation Draft of the Development Sites & Places Development Plan Document, 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 that it is at an early stage in its preparation. The site is allocated as Green Belt within this document.

4 Barnsley’s Core Strategy (CS) includes the following policies:

CSP6 - Development that Produces Renewable Energy - we will allow development that produces renewable energy as long as there is no significantly harmful effect on;

 The character of the landscape and appearance of the area;  Living conditions;  Biodiversity, geodiversity and water quality;  Heritage assets, their settings and cultural features and areas;  Highway safety; and  Infrastructure including radar.  Proposals must be accompanied by information that shows how the local environment will be protected, and that the site will be restored when production ends.

The Core Strategy recognises that undulating landscapes, such as those in the west of the borough, can increase the prominence of turbines. Careful consideration will need to be given to the capacity of the landscape to accommodate turbines, the ability to mitigate visual intrusion and cumulative impacts of individual sites when they are grouped rather than dispersed. We will use the Character Assessment and Policy CSP37 to assess the effect of development proposals.

We will carefully weigh up the environmental, social and economic benefits of the proposals against effects on the local area. We will also refuse planning applications for proposals that are not accompanied by enough supporting information.

CSP21 – Rural Economy – aims at encouraging a viable rural economy by allowing development in rural areas if it supports the sustainable diversification and development of the rural economy or results in the growth of existing businesses or is related to tourism/recreation or improves the range and quality of rural services. However, development in rural areas will be expected to:

 Be of a scale proportionate to the size and role of the settlement;  Be directly related, where appropriate, to the needs of the settlement;  Not have a harmful impact on the countryside, biodiversity, Green Belt, landscape or local character of the area; and  Protect the best quality of agricultural land.

CSP29 - Design - states that high quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, including (amongst other things):

 Topography, important habitats, woodlands and other natural features;  Views and vistas to key buildings, landmarks, skylines and gateways; and  Heritage, townscape and landscape character including the scale, layout, building styles and materials of the built form particularly in and around (amongst other areas), Penistone and the rural villages in the west of the Borough.

The policy is aimed at ensuring that development is appropriate to its context.

CSP30 – The Historic Environment – states that development will be expected to protect the character and/or appearance of listed buildings and Scheduled Ancient Monuments.

CSP34 – Protection of Green Belt – the character and openness of the Green Belt is to be safeguarded.

5 CSP36 – Biodiversity and Geodiversity – development will be expected to conserve and enhance the biodiversity and geological features of the borough. Development which may harm such features will not be permitted unless effective mitigation and/or compensatory measures can be ensured.

CSP37 - Landscape Character - development will be expected to retain and enhance the character and distinctiveness of the individual Landscape Character Assessment in which it is located.

CSP40 – Pollution Control and Protection – development will be expected to demonstrate that it is not likely to result in an increase in air, surface water and groundwater, noise, smell, dust, vibration, light or other pollution which would unacceptably affect or cause a nuisance to the natural and built environment or to people.

Relevant policies in the Development Sites and Places DPD:

SD1 – Presumption in Favour of Sustainable Development – refers to taking a positive approach reflecting the presumption in favour of development contained in the NPPF. However, proposals for development will only be approved if (amongst other matters):

 They advance the economic ambitions contained in the Economic Strategy;  There will be no significant adverse effect on the living conditions and residential amenity of existing and future residents;  They are compatible with neighbouring land and will not significantly prejudice the future use of the neighbouring land; and  They include appropriate landscaping to provide a high quality setting for buildings, incorporating existing landscape features and ensuring that plant species and the way they are planted, hard surfaces, boundary treatments and other features appropriately reflect, protect and improve the character of the local landscape.

National Planning Policy Framework

The NPPF 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:

Protecting Green Belt land.

 The Government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.  Green Belt serves five purposes; to check the unrestricted sprawl of large built-up areas, to prevent neighbouring towns merging into one another, to assist in safeguarding the countryside from encroachment, to preserve the setting and special character of historic towns, and to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

6  Local planning authorities should plan to enhance the beneficial use of the Green Belt such as looking for opportunities to provide access; to provide opportunities for outdoor sport and recreation; to retain and enhance landscapes, visual amenity and biodiversity; or to improve damaged and derelict land.  Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.  When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources.

Supporting a prosperous rural economy.

 A positive approach should be taken to sustainable new development.

Conserving and enhancing the natural environment.

 The planning system should contribute to and enhance the natural and local environment by (amongst other things), protecting and enhancing valued landscapes.  When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional.

Consultations

Penistone Town Council – no comments received.

Yorkshire Water – there is a large diameter strategic water main passing the site to the north east. The proposed access may interfere with this.

Highways – Object due to insufficient information regarding routing and delivery of turbine parts.

South Yorkshire Mining Advisory Service – no objection.

Kirklees Council – consider there is insufficient information to conclude the impact on the landscape within Kirklees. There is unlikely to be an impact on residential amenity given the distance involved.

National Air Traffic Services – no comments received.

Regulatory Services – no objection subject to conditions.

Ministry of Defence – no objection.

7 Civil Aviation Authority – no objection.

Biodiversity Officer – no comments received.

Natural England – no objection.

South Yorkshire Archaeology Service – no comments received.

Conservation Officer – Objects - the cluster of listed buildings in the area of South View, Green, Willow, and Broadfield Farm and the very strong association with their traditional curtilage buildings create a distinct and important group value. I would interpret this group as the original settlement of the conservation area and its group value as an important asset in itself (not limited to one or two buildings).

I believe this proposal due its location and scale may be substantially (not less than) harmful to the setting of the adjacent heritage assets. I would consider that the rural and traditional character of both the local built form and the immediate landscape are important and material to the significance of the character and value of the heritage assets. This is harm in both the cumulative sense – adding to the impact of the existing wind farms on Ingbirchworth Moor (but much closer), but also in the sense that this single large turbine has no clear relationship with any other development and so appears incongruous and overbearing.

Representations

The application was advertised on site, in the local press and by way of neighbour letter. A total of 87 objections have been received raising the following concerns:

- Cumulative visual impact as the turbine would be seen against the other existing turbines on the ridgeline. Already 19 turbines visible. - Would spoil the tranquillity of the area. - No benefits from the turbine to the community. - Noise pollution from the turbine. - Turbine may spoil the enjoyment of homes and gardens. - Distraction to drivers along the A629. - Detrimental impact on Ingbirchworth Conservation Area. - Turbine too close to A629. - Detrimental impact on birds and wildlife. Birds fly to and from the nearby reservoirs. - Impact on bats. - Disruption due to construction from traffic. - Detrimental impact on the landscape.

Most of the objections have been received from Ingbirchworth. However, 8 representations have been received from Lancashire, Upper Denby, Kendray, Kirkburton, Chorley, Birds Edge and the Deepcar and Stocksbridge walking group.

8 Assessment

Principle of development – the proposed turbine is located within Green Belt. As such it is considered that the proposed development would affect openness and that it constitutes inappropriate development. As previously stated, inappropriate development is, by definition, harmful to the Green Belt and such development should not be approved, except in very special circumstances. Such very special circumstances will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

Very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable resources whatever their scale, and this should be given significant weight in determining proposals.

The NPPF also reiterates the importance of Green Belts and in particular, their openness and permanence and local planning authorities should plan to retain and enhance landscapes, visual amenity and biodiversity. Substantial weight is given to any harm to the Green Belt and great weight given to the conservation of heritage assets. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification.

In maximising renewable and low carbon energy, any adverse impacts should be satisfactorily addressed including cumulative landscape and visual impacts and good design is a key aspect of sustainable development.

The proposed development makes a large contribution (0.5MW) of renewable energy capacity (there is already 26.9MW from wind farms alone in Barnsley). As such this can be put forward as a case for special circumstances but this would need to be sufficient to outweigh the harm to the local landscape from the turbine and associated structures including the access track and small substation building.

Landscape and Visual Impact – the proposed site lies beyond the settlement of Ingbirchworth within open and exposed agricultural land. The Barnsley Landscape Character Assessment guides that this area has a high sensitivity to built development and a low capacity for change. As the subtext to CSP6 guides, undulating landscapes (such as this) can increase the prominence of turbines and CSP6 advises that careful consideration will need to be given to the capacity of the landscape to accommodate turbines and the ability to mitigate visual intrusion.

By any estimation, the turbine would be a significantly visible feature within its surroundings. From most vantage points, the turbine would appear in an isolated position and immediately against the backdrop of open countryside. It would appear out on a limb and detached from the village. Some views would represent the turbine against undulating fields, whilst others would show the turbine against the skyline. Either way, the landscape is eminently open and due to the scale of the tower and the blade sweep, the turbine would clearly affect the openness of the area. In my view this would be a significantly harmful element.

The proposed wind turbine would be located in the open countryside, outside the settlement boundary. As such, it would fail to assist in safeguarding the countryside from encroachment and be positioned in an isolated position. However, the physical footprint of the development would be limited to the turbine base, turbine and ancillary structures such as a small meter cabinet. An access track would also be created. However, this would be a temporary surface designed to accommodate large vehicles. There is considered to be limited harm relating to conflict with the purposes of including land within the Green Belt.

9 The character of this countryside is one of undulating land split into geometric field patterns with little in the way of tree cover. Dry stone walls are a distinctive element of the local area. From the site to the west land gently rises to a crest which includes a number of wind farms. To the south lies a large reservoir. To the north east of the site lies the village of Ingbirchworth which is partially hidden on two levels. The historic settlement lies sheltered on the southern side of Ingbirchworth Dike. On the northern side of the Dike lies a more modern, linear make up on either side of the A629 comprising a stone built settlement pattern. Views of the upper part of the settlement are intermittent due to tree cover. Obtainable views from the site are panoramic, although longer distance views are sheltered in some parts by undulations in the landform.

Within the local area are a number of sensitive receptors including footpaths and bridleways and the settlement of Ingbirchworth. Due to the scale of the turbine and its relative isolation, it would be a wholly conspicuous and intrusive feature of the landscape. This is best framed by a number of photomontages, including views of the proposed turbine from the bridleway to the west and the photomontage from northern edge of Ingbirchworth reservoir. When viewed from the position closest to Far Royd Farm, the significant scale of the turbine can be readily appreciated in context of the sheltered settlement of Ingbirchworth. Whilst these are mainly short distance views, the view from Horn Lane at a distance of 1.5km shows the turbine appearing conspicuously against the skyline.

Views from Ingbirchworth village would be affected in parts. From the edge of the village closest the site the proposal would appear as a strident feature at odds with the surrounding landscape. Whilst there are views of the existing turbines on the ridgeline at some distance; these are silhouette features forming a regular pattern on the ridgeline and do not appear as obtrusive. The proposed turbine would lie at a distance of approximately 450m from the edge of the village, whereas the existing turbines lie at a distance of over 1.5km.

It is considered that overall; the turbine would have a significant adverse effect on the character and appearance of the area which is contrary to one of the criteria outlined in CSP6 of the Core Strategy. In addition, there is conflict with CSP37 as a result of harm to the landscape character. This echoes the NPPF which includes, as one of its core principles, recognition of the intrinsic character and beauty of the countryside. In my view, this turbine would significantly erode the local qualities of this landscape and it is considered that this attracts significant weight against the scheme.

In terms of cumulative visual impact, whilst there are numerous large turbines associated with wind farms at approximately 1.1km to the north, these turbines are appreciably separate from the proposed site and clustered together. Therefore, cumulative impact is not considered to be significant enough to warrant refusal but, at the same time, the turbine as proposed would introduce a further, isolated vertical element into a sensitive landscape which in itself would lead to significant harm.

By virtue of its scale and poor siting, the proposal would result in significant visual impacts. There would be significant harm to the openness and visual amenities of the Green Belt and the character and appearance of the area and therefore, conflict with CSP6, CSP34 and CSP37.

Residential Amenity – the proposal lies approximately 450m from the nearest dwelling. A number of other dwellings lies within 550m on the edge of Ingbirchworth village. Regulatory Services have no objection to the proposal. A condition could be imposed, should permission be granted, in order to stipulate a maximum noise level from the turbine and in order to protect residential amenity.

Due to the distance from residential properties and the diameter of the proposed turbine blades, there would be no issues relating to shadow flicker. The proposal is considered to satisfy policy CSP40.

It is a well held planning principle that there is no right to a view beyond the curtilage of individual properties. However, there may be occasions where a development is on such a magnitude that it would overbear nearby properties, resulting in an uneasy feeling to an extent that the outlook of a property or garden would have harmed to an unreasonable degree. However, this is not considered to be the case with this particular application. Whilst the turbine would be visible from part of Ingbirchworth and a number of properties and gardens, it is considered that the distance between the site and dwellings is sufficient to ensure that living conditions would be maintained to a reasonable degree.

Ecology – the site lies with an agricultural field which is considered to comprise low ecological value. The proposed development site is considered to be of low ornithological value due to the limited habitats and its heavily managed nature. The number of birds nesting within the development footprint is likely to be negligible. No nesting species were recorded at the time of submitted survey.

The proposed turbine lies over 50m from the nearest potential bat roost or foraging ground and therefore, there is no potential conflict with Natural England’s guidance on wind turbines and bats.

The South Pennines SPA is present approximately 6km to the south of the site, supporting a range of species. Of these species short-eared owl, peregrine and merlin may forage in the wider area throughout the year and may at times forage over or around the site, though this is likely to be in infrequent with no negative impacts anticipated. In addition golden plover may forage in this area at times, however due to the distance from the SPA and the habitats present this is likely to be infrequent again with no negative impacts anticipated. The proposal is considered to comply with CSP36.

Heritage Assets – the historic settlement of Ingbirchworth, which lies approximately 450m to the north east, includes a number of heritage assets mainly comprising listed buildings. There is also a Grade II* listed building situated approximately 490m to the north east which comprises a barn. Ingbirchworth itself lies within a Conservation Area (CA) which covers all the land to the south of the dike (where most of the listed buildings are positioned) and some of the settlement to the north and on the northern side of the A629. Therefore, the element of the settlement closest to the turbine lies within the CA and also includes a range of listed buildings.

The buildings on the southern edge of the CA create a distinct and important group value. Some of these buildings are listed and are a significant contributing factor to the character of the CA.

The turbine would appear as a prominent feature on the edge of the CA. In my view, the setting of each of the listed buildings goes beyond each of their immediate curtilages as they cumulatively contribute to the character and appearance of the area. Therefore, whilst they clearly have individual significance and value, the significance and character of the CA is largely based on the group value of these buildings. The wider setting of the CA is considered to include the contribution the landscape makes towards containing the settlement, which is typical of many pennine fringe settlements, charactertised by tight groupings around traditional farmsteads.

There would be numerous views of the proposed turbine from the edge of the CA and from the curtilage of a number of the associated listed buildings. Whilst I accept that there are views of existing wind turbines the west (which lie approximately 1.5km away), they appear in the distance and therefore, do not have the same level of impact as the turbine hereby proposed. The proposed turbine by way of its constant movement and visibility from large portions of the historical area of the village would detrimentally alter the setting of the village. Accordingly, it is considered that there is significant harm to the setting of Ingbirchworth CA and, accordingly, the proposal conflicts with CSP30.

11 Highways – the turbine parts would be delivered by specialist HGV. In addition, vehicles would be required for construction work and for the delivery of concrete.

It is considered that the most significant issue involves the delivery of the large parts associated with the turbine. These include the blades, tower and nacelle sections of the turbine. Each of the turbine blades would be delivered using a HGV with a 23m long trailer and the overall vehicle would be at least 30m long. The delivery route involves vehicles traveling along the A628 towards Ingbirchworth then turning onto New Row Lane. Vehicles would then travel through the southern portion of the village. The roads within the settlement of Ingbirchworth are narrow and difficult to travel and it is not clear whether or not such large loads would be able to pass through the village safely. The applicant has not provided a swept path analysis to show that the route is achievable. Overall it has not been adequately shown that the existing highway network is suitable to be able to safely accommodate the type of vehicles proposed. Therefore, the application conflicts with CSP26.

Other Issues – concerns have been raised that the scheme is merely for monetary gain, as the Government are currently subsidising renewable energy proposals through a scheme known as the Feed In Tariff. However, the proposal would be a form of rural diversification and such monetary gain would be no different to many other farm diversification schemes which also receive subsidies. It would also make a contribution towards tackling climate change which is supported by a raft of national and local policies. Therefore, this application should be judged on its planning merits.

Whilst property prices are often cited as an objection to planning applications; ‘The Planning System: General Principles’ has guided that it is not whether owners and occupiers would experience financial or other loss from a particular development, but whether or not a proposal would unacceptably affect amenities of the existing use of land and buildings which ought to be protected in the public interest. It is considered that house prices therefore, are not material consideration and it would be difficult to accurately quantify the extent to which, or if property prices were at all, affected by a particular development.

Representations refer to the amount of electricity produced by the scheme. Clearly, the wind does not blow all the time and, therefore, wind energy is an intermittent source of energy. However, it is not the role of the local authority to question the amount of energy that will be produced. This is reiterated in planning policy. The proposal involves 0.5MW of renewable energy capacity and therefore, the application is being considered on that basis.

Yorkshire Water states that there is the potential for the access track to affect their infrastructure. However, as the access comprises a temporary surface, it is unlikely that this infrastructure would be affected.

Conclusion

Green Belt policy requires a balancing exercise to be carried out in order to decide whether or not to grant planning permission in the Green Belt. The applicant has demonstrated that there would be environmental benefits associated with the provision of renewable energy, and this would be fed directly into the Grid. The capacity of the turbine would be 0.5MW. The proposal is consistent with national polices which support the provision of low carbon and renewable energy developments. These are laudable benefits which afford very significant weight in favour of the application.

12 Conversely, given its Green Belt status, the proposal comprises inappropriate development which is, by definition, harmful to the Green Belt. The turbine is proposed in a conspicuous position within an open field. It would appear out on a limb and disjointed from the settlement of Ingbirchworth, being a prominent and significantly obtrusive element within the landscape. Due to its scale and relationship with visual receptors, there would be a significantly detrimental impact on the openness and visual amenities of the Green Belt. The proposal would lead to conflict with CSP37 as it would result in localised harm to the landscape character. Green Belt policy requires a balancing exercise for applications of this nature. Whilst the benefits put forward by the applicant are clearly very significant, they are not considered to outweigh the substantial harm brought about by reason of inappropriateness and the significant visual harm to the openness of the Green Belt, visual amenities and local landscape character. The harm brought about by visual impact is markedly increased due to the impact on the setting of the heritage assets in Ingbirchworth. It is considered that the proposal conflicts with the NPPF and CSP6, CSP21, CSP30, CSP34 and CSP37. Overall the circumstances put forward are not very special and therefore, the development is not justified in the Green Belt.

There are significant concerns regarding the delivery of the turbine and associated infrastructure. It is not considered that the existing network is suitable to accommodate the vehicle movements associate with the scheme and therefore, it would be detrimental to the safety of other road users, vehicles and pedestrians. The proposal is considered to conflict with CSP26.

Having regard to all the issues set out in this report, it is recommended that the proposal is contrary to national and local policies and therefore, planning permission should be refused.

Recommendation

Refuse

1 The site is within Green Belt on the adopted Barnsley Unitary Development Plan. In the opinion of the Local Planning Authority, the proposed wind turbine is sited in a significantly prominent and exposed location which would appear as an incongruous and visually intrusive feature, harming landscape character and the visual amenities of the Green Belt, and the openness and appearance of the area. The proposed development is neither well designed nor inclusive or in keeping and scale with its location, and is not sensitive to the character of the locality. The proposed development does not retain and enhance the character and distinctiveness of the individual Landscape Character Area in which it is situated (Ingbirchworth Upland Farmland). The Council considers that no very special circumstances have been demonstrated in this case which clearly outweighs identified harm and harm by reason of inappropriateness. Accordingly the proposal conflicts with policies CSP6, CSP29, CSP34 and CSP37 and the National Planning Policy Framework.

2 As a result of the prominence, scale and proximity of the proposed wind turbine to a Ingbirchworth Conservation Area and the collection of Grade II and Grade II* listed buildings which lie to the south of the village, it would not protect or improve the character and appearance of the heritage assets. In particular, the current setting and character of Ingbirchworth Conservation Area would be eroded by virtue of the turbines height, location and regular movement, and the public benefit of the scheme is not considered to outweigh the visual harm to the setting of the historic settlement and heritage asset of Ingbirchworth. Accordingly the proposal conflicts with CSP6 and CSP30 of the Core Strategy and the National Planning Policy Framework.

3 In the opinion of the Local Planning Authority it has not been adequately shown that the existing network is suitable to accommodate the vehicle movements that would be required for the proposed scheme. The road network which runs through the village of Ingbirchworth is substandard in terms of width, alignment and gradient in order to accommodate the long, specialised vehicles required for the delivery of the turbine parts. The proposal would be detrimental to the safety of other road users, vehicles and pedestrians and thus contrary to CSP26 of the Core Strategy.

2012/1330 – Erection of 1 No. 50m high wind turbine (to hub) and associated development Land south west of Ingfield Farm, High Lane, Ingbirchworth, Sheffield

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

2012/1380 Robert Barraclough Installation of 1no 50kW wind turbine on a 24m monopole mast (34.2m to blade tip) Westfield Farm, Royd Moor Road, Thurlstone, Sheffield, S36 7RD

Three objections. Objections from three local councillors.

Background

The proposal has been assessed against the Town and Country Planning (Environmental Impact Assessment) Regulations 2011. Whilst the scheme falls within Schedule 2 of the Regulations due to the height of the turbine a screening opinion has been issued and it has been concluded that the proposed development would not require EIA.

Site Location and Description

The site lies just beyond the edge of the settlement of Thurlstone. The site lies on open agricultural land approximately 150m from Westfield Farm which lies to the east. To the north of the site the land falls slightly towards a winding country lane before rising slightly towards a ridge. To the west the land rises in a more pronounced fashion towards Royd Moor wind farm.

In context, the site comprises open countryside in the foothills of more elevated land to the north which include a number of wind farms. The land is mainly open and largely devoid of tree cover or other vertical elements. There is a footpath and bridleway within the local area.

Proposed Development

It is proposed to erect a 3 bladed monopole wind turbine (galvanised grey mast, off-white nacelle and blades) with a hub height of 24.6m and a height to blade tip of 34.2m. The three turbine blades would each be 9m in length. The proposal includes the creation of a permanent small concrete pad upon which the turbine would be sited. A cable run would be approximately 150m comprising a backfilled trench which would lead to the farmhouse.

It is anticipated that the turbine would generate approximately 170,000 kWh and approximately 95% of this would be fed into the grid, with the remainder providing electricity to the farm. The turbine has an output of 50kW (0.05MW).

Policy Context

The site lies within the Green Belt on the adopted Barnsley Unitary Development Plan.

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.

16 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, and, a Town Centre Area Action Plan (TCAAP) which sets out a vision for the whole of Barnsley Town Centre and identifies sites for development. It also includes planning policies and indicates how the Council intends to implement and deliver important proposals.

The Barnsley Local Development Framework Adopted Core Strategy (CS) includes the following policies:

CSP6 - Development that Produces Renewable Energy - we will allow development that produces renewable energy as long as there is no significantly harmful effect on; - The character of the landscape and appearance of the area - Living conditions - Biodiversity, geodiversity and water quality - Heritage assets, their settings and cultural features and areas - Highway safety and - Infrastructure including radar.

Proposals must be accompanied by information that shows how the local environment will be protected, and that the site will be restored when production ends.

CPS21 – Rural Economy - we will encourage a viable rural economy by allowing development in rural areas if it: - supports the sustainable diversification and development of the rural economy; or - results in the growth of existing businesses; or - is related to tourism or recreation; or - improves the range and quality of local services in existing settlements Development in rural areas will be expected to: - be of a scale proportionate to the size and role of the settlement - be directly related, where appropriate, to the needs of the settlement - not have a harmful impact on the countryside, biodiversity, Green Belt, landscape or local character of the area - consider the re-use of existing rural buildings in the first instance; and - protect the best quality agricultural land.

CSP29 - Design - states that high quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, including (amongst other things): - Topography, important habitats, woodlands and other natural features - Views and vistas to key buildings, landmarks, skylines and gateways - Heritage, townscape and landscape character including the scale, layout, building styles and materials of the built form particularly in and around (amongst other things), Penistone and the rural villages in the west of the Borough. The policy is aimed at ensuring that development is appropriate to its context.

CSP34 – covers the protection of the Green Belt which is to be protected for its openness and visual amenity.

CSP37 – development will be expected to retain and enhance the character and distinctiveness of the individual Landscape Character Area in which it is located (as set out in the Landscape Character Assessment of Barnsley Borough 2002).

National Planning Policy Framework

- The NPPF sets out the Governments 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:

Protecting Green Belt land.

- The Government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.

- Green Belt serves five purposes; to check the unrestricted sprawl of large built-up areas, to prevent neighbouring towns merging into one another, to assist in safeguarding the countryside from encroachment, to preserve the setting and special character of historic towns, and to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

- Local planning authorities should plan to enhance the beneficial use of the Green Belt such as looking for opportunities to provide access; to provide opportunities for outdoor sport and recreation; to retain and enhance landscapes, visual amenity and biodiversity; or to improve damaged and derelict land.

- Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

- When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources.

Supporting a prosperous rural economy.

- A positive approach should be taken to sustainable new development. - Conserving and enhancing the natural environment. - The planning system should contribute to and enhance the natural and local environment by (amongst other things), protecting and enhancing valued landscapes.

18 Consultations

Regulatory Services – no objection subject to conditions.

Yorkshire Water – no objection.

Ministry of Defence – no objection.

National Air Traffic Service – objects on the basis that the turbine may interfere with their existing radar infrastructure.

Highways – no objection.

SYMAS – no objection subject to an informative.

Representations

The application was advertised on site, in the local press and by way of neighbour letter. Three objections have been received outlining the following points of concern:

- Concerns regarding landscape and visual impact from the local area and from individual properties including Folly Barn. - This development is inappropriate in the Green Belt. - This application is not about renewable energy but simply a financial transaction where Westfield farm receives a significant income for the duration and for the utilisation of its land. - Concerns about noise impacts on Folly Barn due to the fact that the site lies on lower land and is close to the property.

In addition, Councillor Wilson objects on the following basis:

- The turbine would be sited too close to no77 Royd Moor Road.

Councillor Barnard objects for the following reasons:

- In the event of structural failure, broken blade sections can be flung up to 10 times blade tip height and then ricochet a further 3 times that height. In which case in its proposed location this turbine would constitute a clear and present danger to road users and residents.

- The Acoustic Profile appears to be for a different turbine as it refers to a height of 30.6 metres. No attempt has been made to assess the likely impact of low frequency noise and infra-sound.

- The Visual Impact Assessment includes some photomontages but fails to make clear the focal length of the lens used and hence we have no idea of the field of view. However, these appear to have been taken with a wide angle lens and, coupled with smaller objects of known height such as walls in the foreground, serves to create an optical illusion making the turbine appear smaller than it would be.

- There are now many turbines either already constructed or with permission in the area and I submit that the cumulative impact would be detrimental to the Green Belt and would constitute an unacceptable development.

Councillor Millner objects for the same reasons as Councillor Barnard, listed above.

19 Assessment

There are wind farms and numerous smaller wind turbines in the west. Wind farm development alone contributes 26.9MW of grid-connected renewable energy capacity. This figure does not include a number of smaller turbines which have been installed and there are a number of other proposals which may come forward in the near future. The proposed development makes a small contribution (0.05MW) and as such, this can be put forward as a case for very special circumstances, but this would need to be sufficient to outweigh the harm to the Green Belt and local landscape.

Core Strategy policy CSP6 is supportive of renewable energy schemes which do not have significant harmful effects on the character and appearance of the area, or the Green Belt. The proposal is considered to offer benefits which attract weight in favour.

Landscape and Visual Impact – the proposed turbine lies within the Ingbirchworth Upland Farmland landscape character area. The landscape character comprises a stepped landform with scattered farmsteads and fields defined by distinctive stone walls. On a local scale, the site is within soft, rolling pasture, divided by intact dry stone walls. The settlement of Thurlstone is sheltered within the lower slopes of the hills. Isolated trees lie within the surrounding fields and a small copse is visible at the top of the slopes to the north west. The landform has shallow banks and appears as a shallow valley, incised by a rural lane. The lane follows the valley which rises to the north west towards Royd Moor wind farm lying at a distance of over 1km. The landscape assessment indicates that the rural character of the area and its low density settlement pattern make this landscape particularly sensitive to built development. Its sensitivity is thus judged to be high, with landscape capacity being low.

The applicant has submitted an LVIA which includes a number of photomontages. The LVIA concludes that visual change at the site would arise from the erection of a turbine and significant views would be obtainable to the properties on the western side of Windsor Avenue. However, views from longer distance, they conclude, are not significant. Whilst concerns have been raised regarding the validity of the photomontages submitted; they are only intended as a guide and have been read in conjunction with the other submitted information and site visits.

20 The proposed turbine is located within the above landscape, albeit on the more sheltered slopes. The site lies approximately 230m to the west of the settlement of Thurlstone separated from the village by the applicant’s farmstead. To the north of the site and beyond the country lane the land rises and views from this area would be partially intercepted. Similarly, views would be screened by a rise in landform to the south towards Millhouse Green. Overall, views of the turbine would be mainly confined to the open land generally within the south east to north west sloping landform. According to the submitted Zone of Theoretical Visibility (ZTV) this would equate to views over 6.5km in an east to west direction and roughly 2km north to south. However, due to the undulating nature of the landform and intervening buildings, especially when viewed from the east, in reality obtainable views would be much less pronounced over middle and long distances.

It is considered that views of the turbine would be most significant from within the immediate confines of the site. The adjacent farm building lies on a lower level than the proposed turbine and have an appreciable relationship with the edge of the built settlement. However, the turbine would be much larger than these buildings and would be a prominent feature in views from footpaths which run in the local area and from an isolated number of dwellings. It would form an obtrusive addition to an area which is mainly free from vertical elements. From further afield however, views would be much less obtrusive given the distance involved. However, the turbine would still be visible from the upper slopes to the north east, albeit it would be visible against the backdrop of the countryside and not against the skyline. Whilst there are large turbines along the ridgeline at a distance of over 1km to the north west, these are not visible from within the confines of the site and the local landscape is largely devoid of vertical structures.

It is considered therefore, that there would be harm arising as a result of the significant impact on the openness of the Green Belt, and harm to the character and appearance of the area. Therefore, this is significant conflict with Green Belt policy in this case and harm to the landscape character. The NPPF includes, as one of its core principles, recognition of the intrinsic character and beauty of the countryside. It is considered that the turbine would significantly erode the local qualities of this landscape and it is considered that this attracts significant weight against the scheme. The proposal is considered contrary to CSP6 and CSP37.

In respect of Thurlstone Conservation Area, the proposal would be sited approximately 380m from its western edge. However, it is considered that the intervening housing estate and distance between the site and the CA would ensure that its setting would be adequately retained. There would be some views of the turbine, but not to an extent where its setting would be significantly harmed. The Conservation Officer raises no objections. The proposal is considered to comply with CSP30 in this respect.

Residential Amenity – the nearest residential dwelling lies approximately 230m from the site on the western edge of Westfield Avenue. There are also dwellings located approximately 315m on a higher level to the north east. Whilst concerns have been raised by local residents regarding potential noise from the turbine; Regulatory Services have assessed the application and raise no objections, subject to the imposition of a planning condition. The proposal is considered to comply with CSP40.

Ecology – the application includes a submitted ecological assessment. The assessment includes an appraisal of the ecological value of the turbine site and concludes that the impact is likely to be low. The site lies within a species poor, improved pasture field and no protected species were identified within or close to the site. Furthermore, the turbine would be sited over 50m from potential bat roosts and foraging grounds which is in excess of the guidance issued by Natural England. Overall the proposal is considered to comply with CSP36.

21 Highway Safety – the proposed development would not result in any significant highway safety impacts either through construction deliveries or the operation of the turbine. A condition could be applied regarding delivery and construction times. Overall therefore, the proposal is not considered detrimental to highway safety.

National Air Traffic Services – an objection has been received from National Air Traffic Services (NATS) on the basis that the turbine would conflict with their safeguarding criteria. There is the potential that the movement of the turbine would add additional clutter and interference to NATS operating systems (radar). After consulting NATS, it would appear that potential mitigation measures are not deliverable. Accordingly, it is considered that the proposal conflicts with CSP6.

Other Issues – concerns have been raised by local residents regarding the impact on individual views from properties. It is a well held planning principle that there is no right to a view beyond the curtilage of individual properties. There may be occasions where a development is of such a magnitude that it would overbear nearby properties, resulting in an uneasy feeling to an extent that the outlook of a property or garden may be harmed to an unreasonable degree. However, this is not considered to be the case with this particular application. Whilst there would be views from some local properties, and a view from one of the windows and garden of the higher land at Folly Barn; it is considered that the distance between the site and dwellings is sufficient to ensure that living conditions would be maintained to a reasonable degree.

Concerns have been raised that the scheme is merely for monetary gain, as the Government are currently subsidising renewable energy proposals through a scheme known as the Feed In Tariff. However, the proposal would be a form of rural diversification and such monetary gain would be no different to many other farm diversification schemes which also receive subsidies. Therefore, this application should be judged on its planning merits.

In respect of shadow flicker PPS22 Companion Guide advises that only properties within 130 degrees either side of north relative to the turbines can be affected. Furthermore, flicker effects have only been known to occur within 10 rotor diameters of a turbine and the effects reduce with distance. There are no properties potentially affected within this radius.

Concerns have been raised regarding structural failure of the turbine. However, the turbine is set back from the highway by approximately 130m and there have been very few incidences of structural failure relating to wind turbines. The proposal complies with the suggested spacing standards set out in PPS22CG.

Conclusion

The NPPF advises that even small scale projects can make a valuable contribution to cutting greenhouse gas emissions. This proposal would comprise a 0.05MW capacity turbine and would generate approximately 170, 000 kWh of electricity per year which would go well beyond the requirements of the farmstead, the electricity fed into the Grid would indirectly benefit the community as a whole. By any standards, the turbine proposes very significant benefits and would adhere to a number of national and local policies and the whole thrust of tackling climate change.

Conversely, national policy guides that substantial weight should be attributed to the harm brought about by reason of inappropriateness. In addition to this harm, the proposal would bring about significant harm to the visual amenities of the locality and significant harm to the character and appearance of the local area. The turbine would appear out of scale and proportion with its surroundings and would relate poorly in scale to other features within the local area. There would be harm to the visual amenities and openness of this Green Belt site which is located within a sensitive landscape character, with a low capacity for change.

22 When balanced, it is not considered that the benefits of the scheme clearly outweigh identified harm and there are therefore, no very special circumstances in this case. The proposal is considered contrary to policies CSP6, CSP34 and CSP37.

Finally, there is additional harm and potential to affect the safe operation of aircraft. The proposal conflicts with policy CSP6 in that the turbine has the potential to interfere with air traffic control systems.

Recommendation

Refuse

1 The site is within Green Belt on the adopted Barnsley Unitary Development Plan. In the opinion of the Local Planning Authority, the proposed wind turbine is sited in an exposed an open landscape where it would appear as incongruous and visually intrusive feature, harming landscape character and the visual amenities of the Green Belt, and the openness and appearance of the area. There would be significant visual impacts on local receptors including footpaths. The proposed development is neither well designed nor inclusive or in keeping and scale with its location, and is not sensitive to the character of the locality which comprises an open, rolling countryside which is relatively free from vertical features. The proposed development does not retain and enhance the character and distinctiveness of the individual Landscape Character Area in which it is situated. The Council considers that no very special circumstances have been demonstrated in this case which clearly outweighs identified harm and harm by reason of inappropriateness. Accordingly the proposal conflicts with policies CSP6, CSP29, CSP34 and CSP37 and the National Planning Policy Framework.

2 The proposed development would have a detrimental impact on air traffic control systems and would therefore present a hazard to aircraft safety. The proposal is therefore considered to be contrary to CSP6 of the Barnsley Core Strategy.

The Barn

ROYD MOOR ROAD

235.6m

Westfield Farm Silo

91 89

71 69

Westfield Lane

Track 57

2012/1380 – Installation of 1 No. 50kW wind turbine on a 24m monopole mast (34.2m to blade tip) Westfield Farm, Royd Moor Road, Thurlstone, Sheffield

2013/0565 E & D Danforth Erection of detached agricultural workers dwelling – Amendment to previously approved application 2011/0638 The Old Pit Yard, Off Bagger Wood Hill, Hood Green, Barnsley, S75 3HQ

No letters of objection have been received Stainborough Parish Council have stated that they would object to the proposal if the occupancy of the dwelling was not limited to an agricultural worker and if permitted development rights were not removed Cllr Barnard has raised concerns on behalf of the residents of Hood Green

Background

The site has a long history of planning applications which are summarised below:-

2003/1012 - Erection of extension to existing agricultural building – Approved with conditions

2003/1014 - Erection of general purpose agricultural building. – Approved with conditions, but expired in 2008 without being implemented

2004/1111 - Erection of general purpose agricultural building to include housing for site electricity supply – Approved with conditions

2004/1112 - Erection of extension to existing agricultural building - Approved with conditions

2007/0173 - Formation of composting facility to recycle green waste – withdrawn

2007/0196 - Change of use of land to form area for storage of caravans – withdrawn

2007/0986 - Use of land as a composting facility including construction of lagoon and weighbridge (amended submission, previous submission withdrawn) – refused due to detrimental impact on road safety and amenity.

2008/0175 - Use of land as a composting facility including construction of lagoon and weighbridge – Refused and the decision quashed on Judicial Review and Appeal.

2009/0815 – Erection of agricultural building (Prior Notification) – the Council considered that further justification was required and requested the submission of a formal application.

2009/1009 - Erection of an agricultural storage building (Resubmission) – Approved with conditions

2010/1393 - Erection of detached agricultural workers dwelling – withdrawn

2011/0638 – Erection of detached agricultural workers dwelling – Approved at PRB with conditions which include limiting the occupancy of the dwelling to an agricultural worker and removal of permitted development rights for extensions and outbuildings

25 Description

The Old Pit Yard is located approximately 300m to the north of the village of Hood Green. The land slopes steeply away from the village and a number of dwellings overlook the site at distance and at an elevated level. The site currently comprises a naturally re-vegetated former colliery and semi mature/mature woodland and agricultural buildings. To the south of these on higher land is a large agricultural building used as a grain store. The site is accessed via a track which runs from the junction with Bagger Wood Hill down to a cleared area which is used for the parking of vehicles.

The site of the proposed dwelling which is currently under construction, is on an existing clearing which is currently used for the storage of straw bales and the parking of vehicles. A number of semi-mature trees, surround the northern boundary of the site, however the southern boundary of the site is open and due to the slope of the land, it is highly visible from Bagger Wood Hill.

The farm business E&D Danforth, operates from Saville Hall Farm in Gilroyd, The Old Pit Yard, Hood Green and a small range of farm buildings are rented for calving at Silkstone Common. The total farm holding is a mixed 400 acre farming unit with arable land for growing of cereal crops which are fed to the livestock on the unit with a beef breeding and fattening enterprise and a sheep breeding enterprise.

The current farm business, E&D Danforth, provides full time employment for Eric Danforth, Doris Danforth and John Danforth. Eric Danforth manages the business and John Danforth carries out the livestock husbandry. Doris Danforth operates the administration of the business. Eric and Doris Danforth live at Saville Hall Farm and John Danforth currently lives in Shelley, Huddersfield and commutes to work.

The information provided with the previously approved application stated from 2011, the stocking levels comprised 32 suckler cows, 8 replacement heifers, 120 store cattle, 15 bulls, 19 heifer calves, 172 breeding ewes and 40 lambs, with the majority being located at Hood Green. The business had 63 acres in arable production crops.

Proposed Development

The application seeks an amendment to the plans for the dormer bungalow farmhouse approved as part of application 2011/0638. The proposal is now for the erection of a two storey detached agricultural workers dwelling. The proposal has a floor area of approx. 188sqm and measures 10.8m by 8.7m and 5.3m in height to the eaves and approximately 9.3 in height to the pitch. In summary the dwelling has been increased in height by approx. 2m, the eaves height by 2m and altered in shape to include a 1st floor with provision of windows and walling materials. The property would have a steeply pitched roof.

The property provides internal accommodation comprising:- ground floor: porch/entrance hall, large kitchen/diner, utility room, shower room, lounge, farm office, first floor: two large bedrooms, two bathrooms. Whilst not shown on the submitted plans, the property has a large area within the roof space which could be converted into further living space. The scale of the proposed dwelling is the same as submitted originally under application 2011/0638 and was objected to by officers due to it being disproportionately large relative to the fundamental need of an agricultural worker on this farm holding. A number of meetings were then held with the applicant which resulted in revised plans for a smaller dormer bungalow which was supported by officers and granted approval by Members of the Planning Board.

The design and access statement submitted with the application does not provide any justification for the increase in size, other than that the design is more ‘aesthetically pleasing’ than the original approval.

Policy Context

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 the 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.

Barnsley UDP Saved Policies

UDP Allocation – Green Belt

GS8B states that proposals for agricultural and forestry workers dwellings will be determined in accordance with the following principles: a) Agricultural and forestry workers dwellings within rural and green belt areas will only be permitted where essential need, to sustain a demonstrably viable agricultural or forestry enterprise, can be shown b) Permission will not normally be granted for a new agricultural workers dwelling in cases where a farm dwelling has recently been or is to be separated from the agricultural land c) Where new dwellings are accepted solely on the basis of an agricultural or forestry need, the size of the dwelling should be in proportion with the established functional requirement d) Where new agricultural workers dwellings are permitted in the countryside they shall normally be sited directly adjacent to existing or proposed farm buildings e) Where new dwellings are permitted they should be constructed using materials appropriate to the locality, to safeguard the visual amenities of the countryside f) Where planning permission is granted for an agricultural or forestry workers dwelling, a condition will be imposed restricting the occupancy to a person solely or mainly working, or last working, in the location in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants g) Where permission is granted, on the basis of agricultural need, for an additional dwelling on a farm unit, then an occupancy condition will also be imposed on any existing dwelling on the unit which is under the control of the applicant, and is needed at the time of the application to be used in connection with the farm. Local Development Framework

Core Strategy

Policy CSP34 ‘Protection of Green Belt’ states that the extent of the Green Belt will be safeguarded and remain unchanged in order to protect the countryside and open land around it.

27 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:

80. Green Belt serves five purposes: • to check the unrestricted sprawl of large built-up areas; • to prevent neighbouring towns merging into one another; • to assist in safeguarding the countryside from encroachment; • to preserve the setting and special character of historic towns; and • to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

89. A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. Exceptions to this are:- • Buildings for agriculture and forestry

Consultations

Stainborough Parish Council - have stated that they would object to the proposal if the occupancy of the dwelling was not limited to an agricultural worker and if permitted development rights were not removed

Highways DC – No objections.

Representations

Letters were sent to residents within the village of Hood Green, however no letters of objection have been received as a result.

Cllr Barnard has raised concerns on behalf of the residents of Hood Green which state:-

 The original planning consent was for a 'farm worker's dwelling' but this now appears to have changed to 'principal residence'.

 The new application increases the overall size to that approaching 2011/0638 which was refused on the grounds of being too large.

 2010/1393 was refused due to size. 2011/0638 was also refused as being too high but amended plans reduced the height by 1 metre and the length by 0.7 metres which gained approval.

 There is a striking similarity between the latest plans and those rejected.

28 Assessment

Material Consideration

Principle of development Visual Amenity Residential Amenity

Principle of development - The site is within an area designated as Green Belt. The erection of new residential development is not usually considered appropriate within the Green Belt unless very special circumstances exist to justify it. This proposal seeks permission for the erection of a dwelling for an agricultural worker which can be acceptable subject to compliance with UDP Policy GS8B, and criteria set out in the NPPF. The principle of a dormer agricultural workers dwelling has been accepted by the previous approval, however this application now requests an increase in size and an alteration to the design of the property already approved.

In terms of policy, saved UDP Policy GS8B states that the size of the dwelling proposed should be proportionate to the established functional requirement. This application does not include information seeking to justify that the extended size of the building is required in connection with the agricultural function of the site rather that the revised proposal is an ‘improved design.’ This aspect will be explored further in the visual amenity section of this report.

The application seeks an amendment to the plans for the dormer bungalow farmhouse approved as part of application 2011/0638.This approval was the subject of a number of discussions with officers to reduce the size of the dwelling to that appropriate to the holding. The approved application 2011/0638 for the dormer bungalow was approved as height had been reduced and as a result rooms could not be provided within the roofspace, thus significantly reducing the floor area of the dwelling. In addition, further justification was submitted with regard to the livestock numbers and working requirements which justified a dwelling on this site. Permitted development rights were removed which meant that no extensions could be added to the dwelling without planning permission, in order for the size of the property to be strictly controlled. The applicant now wishes to increase the height of the dwelling, resulting in a large two storey dwelling - essentially reverting back to the original design; however now the plans do not show rooms within the roofspace.

Whilst not shown on the submitted plans, the property has a large area within the roof space which could be converted into further bedrooms, or the internal arrangements altered to provide additional rooms. Planning conditions could not reasonable imposed to prevent a change in the internal layout, therefore given the size of the proposal, the proposed dwelling is still considered to be excessive in size and scale.

The sub text to GS8B states that, where an agricultural or forestry workers dwelling is allowed, the intention is that it remains available to meet the needs of other farm or forestry workers in the locality if it is no longer needed by the original business, thus avoiding a proliferation of dwellings in the countryside. It is, therefore, doubly important that the dwelling permitted should be no larger than is shown to be necessary to serve the immediately identified need, in order to protect its affordability should it later become part of the general housing stock for local agricultural and forestry workers.

No justification has been submitted for increase in the size of the dwelling, nor how the needs of the farm holding have changed since the previous application was approved.

29 Visual Amenity - The applicant wishes to construct a large two storey detached dwelling with a steeply pitched roof. The property is not modest in scale or size and due to its position and the elevated nature of Baggerwood Road, the dwelling would appear highly prominent and incongruous in this attractive Green Belt landscape contrary to the openness and character of the Green Belt and policies CSP29 and CSP34 of the Core Strategy.

Residential Amenity - The site itself is located a considerable distance to the north of the nearest residential properties which sit at a higher level to the site, within the main village of Hood Green. Due to the substantial distance and level differences there is not considered to be any detrimental impact as a result of the building.

Conclusion

The proposed dwelling is considered to be excessive and of an unreasonably large scale for an agricultural worker. It is also considered that the design and size is considered to be significantly detrimental to the openness of the Green Belt contrary to GS8B, CSP29 and CSP34 of the Core Strategy.

Recommendation

Refuse

1 In the opinion of the Local Planning Authority, the size of the proposed agricultural workers dwelling is considered to be disproportionately large relative to the size of the land holding and the functional needs of an agricultural worker and as a result of its size and scale would harm the openness and visual amenity of the Green Belt, contrary to saved UDP Policy GS8B and Core Strategy Policies CSP29 and CSP34

2013/0565 – Erection of a detached agricultural workers dwelling – Amendment to previously approved application 2011/0638

The Old Pit Yard, Off Bagger Wood Lane, Hood Green, Barnsley

2013/0450 Applicant: Mr Payman Nayeri Description: Outline application for residential development including formation of access road. Site Address: Land to the east Station Road , Royston, Barnsley, S71 4HQ.

5 Letters of objection have been received from local residents

Site Location and Description

The application site is located to the east of Station Road directly north (0.3m) of Royston town centre. The site measures approximately 0.65 hectares in area and is triangular in shape. Station Road extends along the western boundary where residential properties located on the other side of the highway overlook the site. Across the northern boundary there is a pair of semi-detached properties and along the eastern boundary there is an access road serving Windmill Terrace. To the north east of the site there are fields which are in agricultural use.

The site has an elevated position in relation to the highway, levels rise from the southern boundary and then drop to the north. The site is Greenfield but historically supported two residential properties which have long since been cleared. Until recently it was dominated by thick scrub and grass land but has since been cleared. Its boundary to Station Road comprises of a dense hedgerow which is broken at the northern and southern boundary by an access to the highway.

Planning History

B/96/1010/RO – Outline application for residential development – Refused for the loss of Greenspace and poor design

B/04/0488/RO – Residential development for 25 dwellings – Refused for being contrary to the UDP on Safeguarded Land and also for design reasons.

2007/1930 – Erection of 19 dwellings – Refused for being contrary to the UDP policy on Safeguarded Land and also for its poor layout design.

2010/1463 – Residential development of 24no. dwellings (Outline) – Withdrawn

Proposed Development

The application has been submitted for outline planning permission for residential development. Details of access have been included, with matters of design, scale, siting and landscaping reserved for subsequent judgement.

Access is proposed from the southern tip of the site onto Station Road, an indicative layout has been provided for a development compromising of 30 dwellings set around a cul-de-sac that terminates at the north western boundary. The layout suggests a mixture of detached, semi- detached and terraced dwellings including provision for 5 affordable units.

To meet with the local and national validation requirement the application has been accompanied with the following reports:

Planning, Design and Access Statement Phase 1 Ecological Assessment Tree Assessment

32 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 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.

Core Strategy

CSP2 ‘Sustainable Construction’ all new dwellings shall be expected to achieve at least a level 3 rating under the Code for Sustainable Homes.

CSP3 ‘Sustainable Drainage Systems’ – Expects all developments to use SUDS.

CSP4 ‘Flood Risk’ sets out that the extent and risk of flooding shall be reduced by requiring Flood Risk Assessments for developments over 1ha that shall set out measures including reducing surface water run off by at least 30% on brownfield sites.

CSP5 ‘Including renewable Energy in Developments’ all development above 10 or more dwellings will be expected to incorporate decentralised, renewable or low carbon energy sources and other appropriate design measures sufficient to reduce developments carbon emissions by at least 15%.

CSP8 ‘Location of Growth’ Identifies Royston as a Principle town and a priority for future growth.

CSP9 ‘The Number of New Homes to be Built’ – The Council will seek to achieve the completion of 21500 new homes between 2008 – 2026.

CSP10 ‘The Distribution of New Homes’ – (5% (1000) of the 21,500 new homes planned for Barnsley) are proposed to be built in Royston which is identified as a Principle town within the Core Strategy.

CSP14 ‘Housing Mix and Efficient Use of Land’ states that proposals will be expected to include a broad mix of house size, type and tenure to help create mixed and sustainable communities. It also states that a minimum development density of 40 dwellings per hectare will be expected. In addition priority shall be given to the development of previously developed land with a target of 55% and 60% of the overall amount of new housing.

CSP15 ‘Affordable Housing’ states that housing developments of 15 or more shall be expected to provide affordable housing. In Urban Barnsley the expected contributions shall be 15% of the overall number of new dwellings proposed.

CSP26 ‘New Development and Highway Improvement’ state that new development shall be expected to be designed and built to provide safe, secure and convenient access for all road users.

CSP29 ‘Design’ sets out that high quality design shall be expected. New housing developments of 10 or more dwellings should achieve a rating of ‘good’ as a minimum under an assessment against the CABE Building for Life scheme.

CSP35 ‘Green Space’ seeks to protect and enhance the Borough’s Green Spaces, loss of any designated or functioning space would only be tolerated where appropriate compensation is secured or there is a surplus of that type of green space within the vicinity.

CSP40 ‘Pollution Control and Protection’ is that the Council shall not allow development of new housing where existing air pollution, noise, smell, dust, vibration, light or other pollution levels are unacceptable and there is no reasonable prospect that they can be mitigated against.

DSAP

The site is allocated for housing purposes (Roy 7 Land North West of Windmill Terrace) there are no site specific polices relevant to the allocation.

SPDs/SPGs

The following LDF Supplementary Planning Documents have now been adopted which are relevant to the proposal:-

‘Designing New Residential Development’ sets out the standards that will apply to the consideration of planning applications for new housing development.

‘Parking’ states that the parking standards for new housing development shall be 1 space for dwellings under 3 bedrooms in size and 2 spaces for 3 bed dwellings and above.

The South Yorkshire Residential Design Guide has been adopted as a best practice guide by the Council and covers issues relating to sustainability, local distinctiveness and quality in design and is underpinned by the principles in the CABE ‘Building for Life’ scheme.

Saved UDP

H4 ‘Development on Housing Sites’ promotes residential development H8A ‘Existing Residential Areas’ GS10 ‘Safeguarded Land’

NPPF

In respect of this application, relevant policies include:

General principles para’s 17 Delivering a wide choice of high quality homes para’s 47 – 55 of particular relevance is paragraph 49 which states that ‘Housing applications should be considered in the context of the presumption in favour of sustainable development’

58 & 60 – Design considerations Design para’s 58 – 65

Consultations

Biodiversity Officer – No objections

BMBC Drainage – No objections subject to conditions Civic Trust – No objections

Contaminated Land Officer – Site investigation will be required to accompany Reserved Matters.

Design – No comments

Education – No objections 30 houses would generate only 6 additional pupils, it is confirmed that there are sufficient school places in the local area to accommodate these pupils.

Forestry Officer – No objections subject to conditions

Highways: No objections following revisions to the access arrangements

Regulatory Services – No objections

SYPTE – No comments

SYP ALO – Site can achieve SBD objectives

Yorkshire Water – Identify that there is a sewer crossing the site, the layout would appear to observe this easement.

Representations

The application has been advertised by way of a site notice and properties which share a boundary to the site have been consulted in writing. Five letters of representation have been received objecting to the proposals, they can be summarised as follows:

 Visibility for vehicles accessing/egressing the site is poor  Visual intrusion and loss of privacy to surrounding properties  Inappropriate form of development within the Green Belt and there are no special circumstances to justify approval.  Loss of wildlife habitat for protected species.  Objections raised on previous application remain valid  The development contravenes paragraph 109 of the NPPF (Biodiversity) and does not address the requirements of paragraph 118 which promotes opportunities to incorporate biodiversity in and around developments.

Assessment

Principle of development - There have been 4 previous applications for residential development at the site which stretch back over a period of 17 years. These applications have been refused on being contrary to land use policy, although it is of note the last submission was withdrawn by the applicant. The previous applications had been assessed against the relevant provisions of the UDP and prior to this the then Local Plan and South Yorkshire Structure Plan.

The current Development Plan consists of the Local Development Framework Core Strategy and the saved Policies of the Unitary Development Plan. The Development Sites and Places Development Plan Document (DPD) is a material consideration, this actually allocates the site for housing purposes. Little weight can however, be attached to this as the policy document is still only a consultation draft.

The NPPF emphasises that Local Planning Authorities exercise a presumption in favour of sustainable development in determining all planning applications. For the purposes of the decision making process 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.

The existing Unitary Development Plan notation on the site is Safeguarded Land (not Green Belt as is stated within a representation). Saved UDP policy GS10 is clear that on Safeguarded Land existing uses will normally remain during the plan period and that planning permission for alternative development will only be granted following a review of the UDP. This has formed the basis of previous refusals.

The intention of Safeguarded Sites, however, is to release land that is required beyond the development plan period to serve long term development needs. The purpose of the Safeguarded Land designation in the UDP was therefore not to protect the land from development in perpetuity, but rather to designate land on the edge of existing settlements that may be required to meet longer term development needs without the need to alter existing Green Belt boundaries at the end of the UDP plan period.

The Unitary Development Plan was adopted in 2000 therefore the extent it can be relied upon in terms of current development needs is becoming dated. The NPPF also states that decision makers should only afford full weight to policies adopted from 2004 onwards.

UDP policies are not protected by the NPPF and those associated with safeguarded land within identified sustainable locations can now be considered ‘out of date’ meaning that the application needs to be considered within the context of the presumption in favour of sustainable development. The site is classed to be sustainable in terms of the adopted Core Strategy, Planning Advice Note 30 and the emerging Development Sites and Places Development Plan Document (DPD).

Once it is accepted that the UDP safeguarded land designations in sustainable locations, are out of date, it is then necessary to consider, as required by the presumption, if there are any adverse impacts from granting permission for this particular site that ‘would significantly and demonstrably outweigh the benefits’. A PAN 30 assessment identifies that the site measures favourably against most of the sustainable criteria. This is achieved in the main due to its location within a Principle Town (within 0.3m of the centre) and the benefits arising from the associated access to transport and local services..

36 The site is being considered as a housing site within the emerging DSAP, this supports the notion that is a sustainable location which must also be viewed in the context of the NPPF which not only commits to the presumption of sustainable development but also identifies that it is essential ‘to significantly boost the supply of housing’.

In terms of housing need, Royston has been identified as a Principle Town and will be a priority for new development across the plan period. This will include the delivery of 1000 new homes.

The proposal is contrary to saved UDP policy with regard to the Safeguarded Land designation of the site. It is however, considered that this allocation is out of date and not reflective of the NPPF’s presumption of sustainable development or the future growth aspirations for Royston. These matters weigh in favour of the site being released for development, this is however, on the provision that the application would not have any demonstrable or adverse impacts. This approach is consistent with recent decisions taken on other safeguarded sites within the Borough.

Residential Amenity - There have been concerns raised within the representations relating to privacy and outlook matters. The submitted layout is for indicative purposes only, full regard to spacing and amenity standards would need to be considered as part of the subsequent Reserved Matters process. . However, there are only a limited number of properties which border the site, those in the main are located on the opposite side of Station Road and would therefore be separated by the highway. Taking into account these circumstances as well as landscaping requirements there are no apparent reasons why the details submitted as part of the Reserved Matters could not be designed in accordance with the requirements stipulated within the adopted SPD and the SYRDG.

Design / Visual Amenity - The site has been naturalised area for some time. Residential development would represent a significant departure from this characteristic. There are however, mitigating factors which help to reduce this impact. The site is bounded on three of its boundaries by existing houses, the north eastern boundary to the open countryside would also be level to these adjacent developments. Views from Station Road (the main public vantage point) would be restricted in part by the sites levels and also by mature planting along the boundary. Taken in this context the development can be interpreted as a natural infill plot.

Core Strategy policy CSP14 aims to ensure that development makes the most efficient use of land both in terms of overall density and house types. The indicative plan suggests a range of different house sizes and tenures and is likely to comply with this aspect of CSP14.

DSAP document suggests that the site could support 43 dwellings; this policy is however, subject to further consideration. Design concerns have been principle objections to previous applications for residential development at the site. Factoring in matters of levels, access requirements, landscaping and amenity considerations it is considered that 30 dwellings would be a reasonable threshold for the site. To increase the density above this would invariably require compromises to be made to amenity standards reflecting poorly on the design. It is also considered that such a higher density would appear out-of-kilter with the suburban character/grain of the locality.

The design matters would be considered in full detail as part of a Reserved Matters application. The layout will be dictated by the formation of the access, which is being considered on this application. To achieve satisfactory gradients, and to maximise the sites potential the road needs to take a central line and terminate within a cul-de-sac. The layout of any subsequent development submitted as Reserved Matters is therefore not likely to be significantly different from that indicated on the submitted plan. Fortunately this indicates that a broad range of house types can be achieved whilst also observing relevant spacing and amenity requirements.

37 It is therefore considered that a high-quality development can be achieved at the site which incorporates sustainable techniques and scores a favourable Building For Life assessment. No objections are therefore raised on design grounds.

Affordable Housing - The site layout is indicative at this stage but, based on 30 units, it suggests that 5 units would be assigned as affordable, which would equate to 17% which would exceed the requirements of CSP15.

Details of affordable housing can be conditioned on an outline planning application and secured as part of a 106 at Reserved Matters. The affordable housing would have to be provided in accordance with the approved scheme and have regard to the requirements of the most up-to-date Housing Market Assessment.

Public open Space - The site presently functions as green space, as a natural area, although it doesn’t function as any form of functional recreation space. Policy CSP35 states that we will only allow development proposals that result in the loss of green space whereby there is an identified surplus of that type and where suitable compensation for its loss can be achieved. Royston is fortunate in that many of its areas are semi-rural in character and the site itself borders onto open agricultural areas and natural woodlands to the north. Given the existing natural open spaces in the area it is considered that it would be reasonable for this area to be developed subject to suitable compensation.

The applicant has identified that they are willing for green space contributions to be appropriately conditioned. It is of note that owing to the constraints of the site such contributions are likely to be required to fund off-site improvements. This would be addressed as part of the application for Reserved Matters whereby full consideration will be given to green space requirements in lieu of a detailed scheme.

Ecology - Representations have been made that the development will have an adverse impact upon local ecology and wildlife. However, the applicant has submitted a Habitat Survey with the application which addressed the whole site, which is not designated either nationally or locally for nature conservation, and found no evidence that any protected species were present within the site. Furthermore, this identified no significant harm that could be attributed to the development but did acknowledge that there is an opportunity to enhance the biodiversity value of site through the creation of new habitat. The incorporation of new hedgerows of native species would be of a significant benefit in this regard. An informative is recommended to accompany any planning permission to make the developer aware that it is an offence under the Wildlife and Countryside act to deliberately capture, injure or kill or disturb protected species or destroy a breeding site or resting place of such species.

Trees - The majority of the trees on site are generally small, low value, self-seeded specimens which have been placed in category C meaning they should not be considered a constraint to development. The exception is the remnants of an old Hawthorn hedge close to the boundary which has been given retention category B (Good).

The design and access statement clearly states that only the same number of trees as shown in the impact assessment would require removal. This means that the higher category B group can be retained along with some of the category C trees.

Given that there are some trees to be removed, however poor they are, landscaping details will need to be submitted detailing tree planting to mitigate the loss. Likewise as some trees are to be retained a method statement detailing the protection measures for them will also be required. These matters can be adequately addressed by condition.

38 Highway Safety - The site is to the east of Station Road (B6132) Royston. The road runs in a northerly direction from Royston town centre towards the village of Notton in the district of Wakefield. Station Road currently only has one footway; this is on the opposite side to the development site. The speed limit fronting the site is currently 30 mph.

The site is regarded as being within a sustainable location. Station Road is served with regular bus services to Barnsley and Wakefield with bus stops being located a short distance from the site. Royston town centre which includes a variety of services is also only a short distance away and can easily be accessed on foot. In addition there are also attractive walking, cycling and recreation opportunities nearby. In this regard the site is therefore considered to be highly accessible, and well located in terms of sustainable transport means.

The proposed access arrangements are fundamental to the determination of the application. In this regard the proposal is to introduce a single access into the site which would be located directly off Station Road approximately 33m north of the access to Windmill Terrace. The access would be a shared surface which culminates in a cul-de-sac towards the north east boundary. Highways DC have been consulted on the proposals and subject to the recommended conditions governing construction and drainage details no objections are raised.

Conclusion

Notwithstanding the sites designation as Safeguarded Land it is considered that material considerations (namely the presumption in favour of sustainable development) weigh in favour of the site being released for residential development. Royston is a principle town which has been prioritised for future growth; the development would therefore contribute to these objectives. There are no significant or demonstrable adverse impacts associated with the development and the site is considered to be within a highly sustainable location.

Residential development represents an efficient use which is compatible with the locality. The application has successfully demonstrated that an adequate access can be achieved without compromising highway safety and there are no reasons why a detailed scheme cannot be designed in accordance with the requirements of Local and National planning policies.

Recommendation

Grant subject to:-

1 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.

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

3 The development hereby approved shall be carried out in accordance with the plans: - Drawing 01 - Ecological Assessment by TEP - Arboricultural Implications Assessment - Planning Design & Access Statement Reason: to ensure that the development accords with the Outline Planning Permission

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 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 NPPF 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 15% of housing units/bed spaces. This should be in accordance with the most current needs assessment for the area and in accordance with Core Strategy policy CSP15 (or any further guidance that replaces it); 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); 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. vi. arrangements to ensure affordable housing can be provided elsewhere within the local area should no transfer of the affordable housing to an affordable housing provider prove possible within a reasonable period of time Reason: To ensure the satisfactory provision of affordable housing which responds to an up-to-date assessment of local housing need in accordance with Core Strategy Policy CSP15

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no building or structure shall be placed or erected within 3 metres, measured horizontally, of any sewer or culverted watercourse. Reason: To prevent damage to the existing [sewer, watercourse or culverted watercourse] in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

7 No development shall take place until:

(a) Full foul and surface water drainage details, including a scheme to reduce surface water run off by at least 30% 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.

8 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 Core Strategy policy CSP39.

9 Prior to the commencement of development a Construction Method Statement shall 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.

10 Prior to commencement of development, details of a scheme to reduce the developments carbon dioxide emissions by at least 15% by using decentralised, renewable or low carbon energy sources or other appropriate design measures shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and upon completion of the development a report shall be submitted to and approved by the Local Planning Authority demonstrating that at least a 15% reduction in carbon dioxide emissions has been achieved. In the event that the use of other decentralised, renewable or low carbon energy sources or other appropriate design measures are also required to achieve a 15% reduction in carbon dioxide emissions, full details of such proposals and a timetable for their implementation shall be submitted to and approved in writing by the Local Planning Authority prior to installation. The approved details shall be implemented in accordance with the approved timetable and all the approved measures shall be retained as operational thereafter. Reason: In the interest of sustainable development, in accordance with Core Strategy policy CSP5.

11 The dwelling(s) 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.

12 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.

13 Visibility splays, having the dimensions 2.4m x 90m, shall be safeguarded at the junction of the access road with Station Road, such that there is no obstruction to visibility and forming part of the adopted highway. Reason: In the interest of road safety.

42 14 Development shall not commence until arrangements have been entered into to secure such works to mitigate the effect of the development, and such works shall be completed prior to the development being brought into use. Such works shall comprise of: -

Provision of a 2m wide footway to adoptable standards along the entire site frontage Reason: To mitigate the impacts of the development in accordance with policy CSP26

15 Prior to any works commencing on-site, a condition survey (including structural integrity) of the highways to be used by construction traffic shall be carried out in association with the Local Planning Authority. The methodology of the survey shall be approved in writing by the Local Planning Authority and shall assess the existing state of the highway. On completion of the development a second condition survey shall be carried out and shall be submitted for the written approval of the Local Planning Authority, which shall identify defects attributable to the traffic ensuing from the development. Any necessary remedial works shall be completed at the developer's expense in accordance with a scheme to be agreed in writing by the Local Planning Authority. Reason: In the interests of highways safety in accordance with policy CSP26

16 Vehicular and pedestrian gradients within the site shall not exceed 1:12 to ensure safe and adequate access. Reason: To ensure safe and adequate access can be achieved.

17 The developer shall submit a scheme detailing either on-site or off-site Public Open Space Provision or agree a commuted sum in accordance with figures sets out in Supplementary Planning Document Open Space Provision on New Housing Developments as part of the first Reserved Matters application. The Open Space provision shall be provided 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 Core Strategy Policy CSP 29.

18 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.

19 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 BS5837:2012 Trees in relation to design, demolition and construction - Recommendations shall be submitted to and approved in writing by the Local Planning Authority:

Tree protection plan Arboricultural method statement

No development or other operations shall take place except in complete accordance with the approved methodologies. Reason: To ensure the continued well being of the trees in the interests of the amenity of the locality.

43 20 Development shall not commence until full highway engineering construction details, (including highway retaining structure, and phasing of the highway works) have been submitted to and approved, in writing, by the Local Planning Authority. The development shall then be carried out in accordance with the approved details. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

44 Path (um)

Drain

Post s Post Track 59. 4m

El Sub St a

G uide

Post 164

G uiseley Pum ping Wells St at ion

150

136 2 64. 9m

136a 100

98 Windm ill 29 2 Track

Ter r ace 33 28

Ashford Court 94 3

STATION ROAD 1

1 SUMMER LANE

23 94a AINSDALE CLOSE

Windmill Hill

40 92a

21 2

6 69. 1m WAY

32 17

CUTTS MOOR

AINSDALE ROAD 2

FIELD HAIGH 24

21 VIEW 5

1 88a

1 BIRKDALE ROAD

2 18 CROFT 7

8 20

23 SKYE 12 11 1

15 25

3 MOOR 11

Allotment Gardens Garage 24

14 134

16 29

SKYE CROFT 75. 8m 31 38

69 72

24 40

65a

Shelter 67 10 2

TCB

AINSDALE ROAD 76. 8m 27

65b 21 2

6 116

SUMMER ROAD 65

46 8 63a

36 15 2013/0450 – Outline for residential developmentNEWTOWN AVENUE (up to 30 dwellings) and formation of access

road, Land to the east of Station Road, Royston, Barnsley

2013/0528 Applicant: Site 4 Self Build Description: Residential development of 23 dwelling houses. Site Address: Land at Hill Top Lane, Barnsley

Seven letters of objection received

Site Location

Hill Top Lane is situated off Redbrook Road about 2 km from the Barnsley town centre beyond the Infirmary and opposite the former Friendship Public House, which is now a Sainsbury store.

Site Description

This is a sloping spare piece of former grazing land (0.7 hectares) that abuts the rear and side gardens of modern houses fronting onto Redbrook Road, Barden Drive, Revenshaw Close and Samuel Square. There are older properties on Hill Top Lane that have either been refurbished or are due to be refurbished in the future.

The land is privately owned so has not ever been used for formal recreation and is untended. There are some trees around the perimeter of the site but mostly the land is just grassed. The land slopes down from Hill Top Lane to Barden Drive, where there is a turning head next to the field gate.

Proposed Development & Background

This is a full planning application on land which benefits from extant outline planning permission (2010/1580). The proposed layout is based around a central village green with all access taken off Barden Drive. The scheme includes 4 pairs of semi-detached dwellings and 15 detached dwellings all of which are two storeys.

The original decision to grant outline planning permission (2007/0947) was made at appeal. At the time, the Council argued that the site should be retained as a greenspace but the Planning Inspector considered the determining factors to be the fact that the UDP housing allocation was retained in the Council’s saved policies and that the site is in a sustainable location. A layout was submitted showing a village green and improved pedestrian routes. The fact that a village green was included within the layout compensated for loss of greenspace.

Some land next to Hill Top Lane, which was included in the outline permission, is excluded from the current application site boundary. This contains a semi-derelict dwelling (no. 30) and part of its curtilage. Planning permission has subsequently been obtained to extend this dwelling (2013/0370) and this dwelling will overlook the application site at close quarters. To address overlooking issues the land adjacent to the extended dwelling will be left open as a recycling area and vegetable plot.

Site 4 Self Build are a Barnsley based company that project manage house building schemes. This is a potential Homes and Communities Agency (HCA) funded development that provide houses which are inexpensive to buy due to amongst other things removal of the developer profit.

46 Earlier this year Cabinet agreed that, due to the self-build credentials of the scheme, the requirement for 15% of the homes (4 plots) to be affordable (i.e. transferred to a registered provider/housing association for a discounted value) would not be imposed in the event that a planning application was submitted. Although a report approved by cabinet does not form part of the development plan, the cabinet decision is a material consideration.

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.

Core Strategy

CSP1 Climate Change CSP2 Sustainable Construction. CSP 4 Flood Risk CSP5 Renewable energy. 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. CSP35 Green Space.

Saved UDP Policies

The site is allocated for residential development on the UDP.

SPDs/SPGs

Designing new housing development Open Space Parking

Emerging Development Sites and Places DPD (DSAP)

The DSAP allocates the land as a housing site.

47 NPPF

Consultations

Highways: No objections subject to conditions

Pollution Control: No objections subject to conditions

Affordable Housing: No objections.

Yorkshire Water: No objections subject to conditions

Highways Drainage: No objections subject to conditions

Representations

At the time of writing the report 7 letters of objection have been received. The concerns raised can be summarised as follows:

 The description of development should read land off Barden Drive as this is where the access is going to be from.  Vehicular access will be a problem due to on street parking on the roads leading to the development. These roads are also in a poor state of repair and are therefore susceptible to damage associated with heavy plant.  Loss of greenspace, potential damage to trees and negative impact on biodiversity  The village green will attract children and youths to the area. There are already sufficient play areas in the area.  Properties along northern boundary will be elevated above those on Ravenshaw Close, leading to loss of light and overlooking.  During periods of heavy rain water runs off the field onto the properties on Ravenshaw Close, this could be exacerbated by the development.  There is no need for more first time buyer houses in the area.  Objections are raised to communal recycling facilities.  Concern is expressed about possible issues that could arise during the construction phase.

Assessment

Principle of development - This is a full planning application following on from the grant of outline permission for housing. The land is designated for housing in both the UDP and the draft Development Site and Places DPD. This is a highly sustainable location close to local shops, bus routes and the town centre and policy CSP8 in the Core Strategy states that most housing development should be located within Urban Barnsley. As such, for all these reasons, there is no objection in principle to the granting of permission for housing development.

48 Green Space - The Council has an adopted SPD on Open Space which would normally be applied to new housing proposals of this scale. This sets out a requirement for various types of greenspace, such as a formal playing field or children’s play area, based on an assessment of need. However, in granting outline planning permission the Planning Inspector was persuaded that the ‘village green’ included within the application description would meet the requirement for greenspace in this instance. He simply required that a landscape management plan be provided to deal with future maintenance. The applicant proposes a privately managed central greenspace that would be in line with the Inspectors decision and another area that would be a recycling area and vegetable patch. On this basis, it is considered that the greenspace requirements within CSP 35 are satisfied.

Affordable Housing - This is a HCA funded scheme for self build houses that will be available at no more than 75% of their open market value due to, amongst other things, removal of the traditional developer profit element and economies of scale. By way of an example, a plot that could be sold for around £145k will be available for £105k with the buyer only having to find an initial deposit of £7,000. The scheme is considered self build because the buyer is purchasing the land, a dwelling built to damp proof course and a ‘costed build template’ so that the remainder of the build is funded by the buyer’s mortgage. Funding from the HCA and three other investors is being provided to get each of the dwellings to damp proof course. As such, whilst the scheme does not include affordable housing in the strictest sense, the houses are initially available at a more affordable price and this explains why Cabinet agreed to waive the requirement for 15% (4) of the house to be ‘affordable (i.e. transferred to a registered provider/housing association and retained in perpetuity).

In agreeing to waive the requirement for 4 plots to be affordable, the applicant accepts that the Council has to have a mechanism to ensure that the scheme is implemented in accordance with the self-build model. This can be secured by way of a S106 agreement but, because the applicant is not acquiring the land until planning permission is obtained, a condition would have to be imposed effectively requiring a S106 agreement to be entered into prior to commencement of development. Amongst other things, this agreement would include the following:

 Sales shall be to individual owner occupiers and not e.g.to buy to let landlords  No one person shall buy more than one property in the development  Buyers shall pay no more than 75% of an agreed open market value when they purchase the plot and the costed template.  If the dwellings are sold on within 3 years of completion of the dwelling, they shall be sold at no more than: o 80% of open market value if sold within 1 year o 85% of open market value is sold within 2 years o 90% of open market value if sold within 3 years  After 3 years there shall be no restriction on how much the dwellings could be sold on for but the 3 year period will apply to any sale within the period and not just the first sale.

The measures will apply to all but three plots on the basis that three of the plots are to be sold to the investors who fund the initial stages of the build. The purpose of these measures is to ensure that the self-build model is not seen as a mechanism for traditional developers to exploit in order to avoid usual affordable housing requirements. The measures would also ensure that buyers are not able to sell immediately and gain a full uplift in the value of the property at the expense of others who could have benefitted from one of the four affordable homes that would have traditional been provided and retained in perpetuity. On this basis, it is considered that an exemption to policy CSP 15 can be applied in this instance.

49 Residential Amenity - This is a relatively low density scheme (approx. 30 dwellings per hectare) that follows the principles established by the grant of outline planning permission. Whilst Core Strategy policy CSP14 requires a minimum density of 40 dwellings per hectare, the site is an irregular shape and slopes from a high point in the south east corner. The proposed layout largely complies with the separation distances of 21m between principle elevations and minimum garden sizes set out within the Designing New Housing Development SPD.

The level difference between plots 4-7 and the houses on Ravenshaw Close is acknowledged and for this reason, plot 7 is set forward on its plot to avoid appearing overbearing when viewed from rear windows of no. 8 Ravenshaw Close. Similarly, plots 4-6 are set as forward with plots 4&5 being in excess of the 23m from no. 2 Ravenshaw Close and plot 6 achieving the required 21m distance to no. 4. There is also an opportunity to provide screening along their rear boundaries. As a result, whilst development of an open grassed site will inevitably have some impact on occupants of the dwellings that border the site, this impact is not considered excessive when taking into account matters of overlooking, overshadowing and loss of outlook.

In the main, the 12m separation distance between principle and side elevations is also met and although the rear corner of the dwelling on plot 13 is only 10m from the dwelling to the west, this dwelling is on a lower level with the majority of its bulk further forward on the plot. Inevitably the rear garden of plot 13 would be overlooked by existing dwellings but not to such an extent that this aspect of the scheme should be revisited. In all other cases, occupants of the proposed dwellings would be afforded good levels of amenity.

As stated previously, 30 Hill Top Lane overlooks the site at close quarters. The vegetable plot and recycling area are proposed close to this dwelling and their use will inevitably produce an element of disturbance. However, the garden area of no. 30 is on the opposite side of the plot and subject to retention of an appropriate boundary treatment and suitable landscaping scheme, it is not considered that the level of disturbance would be unduly harmful to the amenity of the occupants of no. 30.

Overall, the scheme provides high standards of privacy, light and outlook for existing and proposed residents in accordance with the Designing New Housing Development SPD.

Design & Visual Amenity - The submitted layout shows low density housing arranged around a central greenspace or village green. Although this is a self build project the house types follow a consistent approach, with full details provided in this application. Core Strategy Policy CSP29 sets out a range of considerations to assess design matters and this low density scheme complies with the general thrust of this policy.

The dwellings are designed to face onto the village green with active frontages and good levels of natural surveillance. Frontages will benefit from landscaped strips where it will be possible to provide trees and shrubs to break up areas of car parking. The height of the dwellings (two storeys) is also befitting of the surrounding area ensuring that the development does not appear incongruous. There are some mature trees around the perimeter of the site but none of these would be affected by the proposed development.

Overall, the design of the scheme reflects the requirements of Core Startegy CSP 29 and relevant advice in the NPPF.

Highway Safety - The vehicular access will be an extension of Barden Drive, which is acceptable in highway terms and reflects the outline planning permission. The parking provision accords with the SPD on parking and highways have raised no objections subject to conditions. As such, the proposal reflects the requirements of policy CSP 26.

50 Other matters - The YWA raised the presence of a public sewer crossing the site and an objection was issued. Further detailed site investigations were carried out and this objection has been rescinded. A sustainable drainage system is proposed to deals with surface water run-off and this can be secured by way of a planning condition.

The development will be built to a high standard of thermal efficiency and again, this can be secured in a planning condition.

Ecology will be dealt with via the provision of the village green and a smaller area shown as a vegetable patch. A condition can be imposed to ensure that wildflower meadow planting is provided on the village green to compensate for the loss of the existing ‘wild grassland’ habitat that the site provides.

Conclusions

This site has an extant outline planning permission for housing reflecting it’s UDP designation. The site is sustainably located within Urban Barnsley close to shops and other facilities. The density of the scheme befits the characteristics of the site and surrounding area and ensures that existing and future residents are provided with adequate levels of amenity. Public open space is provided on site and will form a focal point. There are opportunities to introduce significant areas of planting and existing trees will be safeguarded. The result is a high quality, attractive proposal reflective of relevant local plan policies. The self-build credential of the scheme are evident, particularly given that the HCA is offering financial support. For this reason, it is considered appropriate not to impose the traditional affordable housing requirement.

The scheme is also considered acceptable when assessed against other relevant development plan policies, the advice in the NPPF and when taking into account other material considerations.

Recommendation

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 following plans and specifications as approved unless required by any other conditions in this permission:

Site Plan: SP16 House Types: Chestnut (Plots 1,13 & 22), Elm (Plots 0,2,5 & 19), Fir (Plots 3,4,15 & 16), Dagwood (Plots 6&8), Ash (Plots 7,12,14,17 & 21), Beech (Plots 9,10,18,20 & 23) Garages

Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.

51 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 a proposed wildflower meadow and 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.

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.

6 A landscape management plan for the village green and vegetable patch, 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 and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.

7 No development shall take place until:

(a) Full foul and surface water drainage details, including a scheme to maintain or reduce existing greenfield surface water 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;

52 8 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority before development commences. Reason: To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system, which will prevent overloading in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

9 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 and in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement, and CSP 29, Design.

10 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.

11 Development shall not commence until full highway engineering construction details have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details and thereafter be retained as such. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

12 Development shall not commence until details of the phasing of the development has been submitted and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

13 The dwellings shall achieve a minimum of 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 in accordance with Core Strategy Policy CSP2.

14 Prior to commencement of development, details of a scheme to reduce the developments carbon dioxide emissions by at least 15% by using decentralised, renewable or low carbon energy sources or other appropriate design measures shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and upon completion of the development a report shall be submitted to and approved by the Local Planning Authority demonstrating that at least a 15% reduction in carbon dioxide emissions has been achieved. In the event that the use of other decentralised, renewable or low carbon energy sources or other appropriate design measures are also required to achieve a 15% reduction in carbon dioxide emissions, full details of such proposals and a timetable for their implementation shall be submitted to and approved in writing by the Local Planning Authority prior to installation. The approved details shall be implemented in accordance with the approved timetable and all the approved measures shall be retained as operational thereafter. Reason: In the interest of sustainable development, in accordance with Core Strategy policy CSP5.

15 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.

16 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 safeguard existing trees, in the interest of visual amenity in accordance with Core Strategy Policy CSP29.

17 Pedestrian intervisibility splays, having the dimensions 2m x 2m, shall be safeguarded at the drive entrance/exit such that there is no obstruction to visibility at a height exceeding 1m above the nearside channel level of the adjacent highway. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

18 The parking/manoeuvring facilities, indicated on the submitted plan, shall be surfaced in a solid bound material (i.e. not loose chippings) and made available for the manoeuvring and parking of motor vehicles prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: To ensure that satisfactory off-street parking/manoeuvring areas are provided, in the interests of highway safety and the free flow of traffic and in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement.

19 Vehicular and pedestrian gradients within the site shall not exceed 1:12 to ensure safe and adequate access Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

20 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.

21 Prior to commencement of development, arrangements shall be entered into that legally secure the following restrictions on the site:

-Sales shall be to individual owner occupiers; -No one person shall buy more than one property in the development; -No more than one dwelling shall be owned/occupied by relatives of the owner/developer; -Buyers of at least 20 of the properties shall not pay more than 75% of an agreed open market value when they purchase the plot and the costed template; -If any of these 20 dwellings are sold on within 3 years of completion of the dwelling, they shall be sold at no more than: 80% of open market value if sold within 1 year 85% of open market value is sold within 2 years 90% of open market value if sold within 3 years - After 3 years there shall be no restriction on how much the dwellings could be sold on for but the 3 year period will be apply to any sale within the period and not just the first sale.

The development shall be carried out in accordance with the approved restrictions. Reason: In the interest of ensuring the scheme is implemented as a self-build development, in order to justify not imposing the affordable housing requirement set out in policy CSP 15.

33 12 10

62 Redbrook

11 30 9 15 7

45 10

1 19

2 RAVENSHAW 8

BARDEN DRIVE

4 2

14 CLOSE

OAKWORTH 1

7 25 14 12

93 18

105

17 1

102 120.7m LITTLE NEW CLOSE 104

115

HILL TOP LANE 22

110 20

106 108

118 127 (Track)

28 120 16 2

10 18

128.1m Gas Govn 141 24 139

30 26 11 REDBROOK

ROAD 133.7m 6

CHURCH STREET

31 The Friendship 122

(PH)

128 126

14 126.5m 1 128a

1a El 2013/0528 – ResidentialSub Sta development of 23 No. dwellings, 2 pairs of semis and 19 detached

properties, Land at Hill Top Lane, Barnsley

2012/0537 Mr Robin Parker Residential development (Outline). Willowgarth High School, Brierley Road, Grimethorpe, Barnsley, S72 7AJ

Site Location

The former Willowgarth School was located at the northern end of Grimethorpe (between Grimethorpe and Brierley). There are no longer any buildings on the former School site, which was cleared prior to this application being made. The School, dating from the 1960s was mostly 3-storey with flat roofs and courtyard areas between. The associated playing fields do not fall within the boundary of the application site, however, an area of open land owned by the Council to the south of the site is within the red line, albeit shown to remain undeveloped.

The centre of Grimethorpe and its local amenities are located approximately 1km from the site, The nearest convenience store is approximately 800 metres away. The main routes (pedestrian and vehicular) to the centre from the site will be retained and improved. There is a bus stop on Brierley Road immediately outside the entrance to the site.

Proposed Development

The application is in outline form at this stage with only access under consideration. Nevertheless, the applicant has provided an indicative layout and submitted a number of reports with the scheme including:

- Initial Drainage Assessment - Ecology Report - Tree Survey - Phase 1 Desk Study - Landscape Assessment

The site is in the Green Belt, which effectively dictates how much development is allowable on the site and has determined the direction of thinking behind the ‘master plan’ approach which has been produced by the applicants. Public consultation was undertaken by BMBC around the closure of the school, and during this time no interest was expressed in any kind of community usage of the buildings.

The indicative layout shows 102 dwellings with the indicative plan showing the development concentrating around the footprint of the previous buildings and hard surface areas. Whilst, the footprint of the proposed housing is larger than that of the pre-existing school buildings, taking into account of the reduced height the volume of the built form is reduced. Furthermore development is generally on the pre-existing hard surfaces areas on which the buildings stood.

The design principles have been based on mitigating the impact of the development on the surrounding countryside and Green Belt. The applicants’ indicative plans propose a low density development of 22 dwellings per hectare. The dwellings will be 2 and 2.5 storeys and buffer planting will be provided along the entire northern boundary. The applicants have carried out a landscape assessment to inform the layout. Amongst other things this stipulates retention of existing trees and hedgerows where possible.

57 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 Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations.

Core Strategy

The application is in outline form at present with only access being considered at this stage. In terms of the principle of the development the following are of particular relevance:

CSP8 The Location of Growth – Priority will be given to development in Urban Areas and the Principal Towns

CSP10 – The Distribution of New Homes – 1800 are proposed in the Cudworth area (including Grimethorpe) up to 2026

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.

CSP34 – Protection of Green Belt – In order to protect the countryside and open land around built up areas the extent of the Green belt will be safeguarded and remain unchanged

In addition the following policies would also need consideration:

CSP1 Climate Change CSP2 Sustainable construction. CSP3 SuDS. CSP5 Renewable energy. . CSP14 Efficient use of land CSP15 Affordable housing CSP25 New development and sustainable. Travel CSP29 Design. CSP35 Green Space.

Saved UDP Policies

The site is shown as an existing community facility within the Green Belt on the UDP.

SPDs/SPGs/PAN

Designing new housing development Parking PAN 30 Sustainable location for housing development.

58 Emerging Development Sites and Places DPD

The Draft Development Sites and Places DPD allocates the site as school grounds within the Green Belt.

NPPF

Section 9 of the NPPF provides guidance on protection of the Green Belt. It states what types of development within the Green Belt would not be classed as inappropriate development in the Green Belt, One of the criterion within this category is:

“limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings) which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development.”

In addition the following sections of the NPPF are also of relevance:

Section 6 Delivering a wide choice of high quality homes Section 7 – Requiring good design Section 11 – Conserving and enhancing the natural environment

Consultations

Highways- No objections subject to conditions

SYPTE- No objections subject to conditions

Pollution Control- No objections subject to conditions

Trees- No objections subject to conditions

South Yorkshire Police- No objections subject to detailed security issues being taken into account in the final layout

Yorkshire Water - No objections subject to conditions, including provision of Sustainable Urban Drainage.

Drainage-No objections subject to conditions.

SYMAS/Coal Authority- No objections.

59 Representations

The application has been advertised by way of a press notice, site notice and neighbour notification letters. No written representations have been received to these notifications.

Assessment

Principle of development - As this is Green Belt site policy CSP34 is applicable. This indicates that the Green Belt will be safeguarded. However, this policy also refers to PPG2 which has since been superseded by the NPPF. The NPPF sets out what is to be considered appropriate development in the Green Belt and this includes previously developed sites such as a former School. Development on such sites is acceptable if it preserves openness.

The former school buildings consisted of a number of large buildings that made up the school and nursery. The proposed indicative scheme would be more spread out on the site but its massing and scale would be less than that of the previous use. The overall floorspace of the previous school buildings was 7, 259 square metres and the submitted drawing shows a development with a footprint that is no greater than 7,192m². In addition the volume of built form that existed on the site was approximately 79, 849 cubic metres whereas the indicative layout shows a built form of 55, 420 cubic metres. Therefore, in terms of massing and scale it is considered that the openness will be reduced and the proposal accords with the NPPF and policy CSP34.

In accordance with Policy CF2 of the UDP, the Council has given consideration to the need to make the site available for alternative community use. However, consultation by the Council with potential users has not elicited any interest.

Overall this planning application is supported in terms of the regeneration of Grimethorpe and the need for new housing growth to support the community and its facilities and that this area also has close proximity to local job opportunities both at Park Springs and Carlton. In addition this site can take advantage of its good location to allow a further diversification of the housing mix in line with the Housing Strategy for Grimethorpe. To date the new housing developments have concentrated on private sector housing for sale with a 2 & 3 bed housing mix. To move the focus to 3, 4 and 4+ bed units is real progress for this area and provides a relative spacious feel recognising the Green Belt location.

Whilst this is an outline application at this stage, with all matters reserved other than access, there will be a need for any reserved matters application to take into account the surroundings so that the development is integrated well into its locality.

Green Space - In terms of existing green space there were 3 hard surfaced games areas on the site and informal open space to the south of the site. In accordance with CSP35 and the Green Space Strategy existing green space will be protected from development, or compensation sought for its loss. In terms of the hard surfaced games areas the loss of this facility has been agreed subject to compensation for its loss. This can be dealt with when the land is sold.

In the case of the informal open space to the south of the site, the residents have expressed desires to retain this area as informal open space and indicated that it is a valued community resource. The current indicative layout proposes retention and improvement of this area: the improvements will meet part of the requirement for new green space associated with new housing developments.

60 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 a financial contribution to upgrade existing. As discussed above the informal open space to the south of the site could be upgraded to meet the informal open space requirements, with an off-site contribution being sought for children's play and formal recreation. The figures will depend on the unit split (number of bedrooms), therefore a definite figure will need to be determined at reserved matters.

At this stage a condition should be attached to any permission requiring upgrade of the informal on site POS and off site contribution for children's play and formal recreation will suffice and full details agreed at reserved matters. This is in addition to the compensation requirement for the games areas discussed above.

Residential Amenity - None of the existing houses surrounding the site will be affected now that the open land to the south has been excluded from the development area. The nearest houses are on a private street to the south west of the development site but the closest of these is 90m from the rear wall of the closest proposed dwelling.

Visual Amenity - This is the most significant impact in terms of the change in appearance to the land from a former school to houses. This is an edge of settlement site and mitigation is needed to meet the requirements of PAN 30 Sustainable location for housing development. A landscape assessment has been prepared to show the impact on long range views into the site. This has been prepared to inform the final layout and to establish the need for buffer planting on the northern and eastern boundaries. This landscape buffer zone will allow for the integration and transition between the new build development and the surrounding area. This will need to be assessed in more detail at reserved matters stage.

Highway Safety - The proposed development will generate less traffic at peak times than the existing use, and will not result in on-street parking and maneuvering, therefore, there will be no adverse impact on the highway network. At Reserved Matters stage the internal layout will need to ensure adequate access for emergency/service vehicles, and the whole development will have to be able to accommodate the CARP vehicle used by South Yorkshire Fire and Rescue. This can be designed into the scheme when the exact layout is determined at a later stage. Consequently, there are no objections to the proposed development in a highway context, subject to conditions.

Other matters

SYPTE

The site has scored ‘Green’ through an SYPTE LUTI assessment therefore proving that the site has access to an attractive public transport service. There is good access to public transport with strong connections to Barnsley Town Centre. The site layout is public transport friendly providing attractive links to the bus stops. Travel planning needs to be encouraged.

Trees

The application is for access only and as such the layout is only indicative. In terms of the access there is no objection as the trees in close proximity are shown to be retained and there is nothing in the information provided to suggest that they will be unduly affected.

61 The indicative layout is generally acceptable, however some of the better quality trees would be removed if this were to be the final layout. Given the scope of the site every effort should be made to retain as many of the better quality trees on site as possible. The applicants should be advised that a plan showing all the existing trees and their root protection areas as well as any other existing site features which are to be retained should be used to determine the developable areas on site.

When final details of the layout are submitted an arboricultural impact assessment will need to be submitted along with the tree survey etc. to show how the trees will interact with the development and how these issues will be dealt with.

Ecology

The site has been cleared of buildings and seeded. An ecology report has been submitted with the application which concludes the following:

“The site is assessed as being of relatively low ecological value being largely made up of school buildings and associated grounds which are heavily managed and subject to frequent disturbance. A small parcel of land to the south of the school is included as part of the proposals; this is a relatively species poor habitat currently used for grazing horses and by local dog walkers. Its loss is unlikely to have an impact on local biodiversity given its current state and the close proximity of much larger areas of similar habitat which do not form part of the proposals.”

Given the above, and the potential for ecological improvements through the landscape buffer zone and landscaped areas there is not considered to be any significant detriment to the ecology of the site.

Drainage

The Initial Drainage Assessment gives a strategy with respect to the drainage of the site, but is short on the final details regarding the suitability of soakaways on the site. YWA has requested a condition regarding the use of SUDs. There is a watercourse adjacent to the eastern boundary of the site, however, as the developer acknowledges in his Drainage Assessment flows, this would need to be attenuated on site prior to any discharge to this watercourse so as not to exacerbate flooding problems downstream. Accepting that this is an outline application only, the details of the drainage of the site can be conditioned to be assessed at reserved matters stage.

Coal

The Coal Authority considers that the submitted details are sufficient for the purposes of demonstrating that the application site is, or can be made, safe and stable for the proposed development. The Coal Authority therefore has no objection to the proposed development.

Energy Efficiency

This can be dealt with via appropriate planning conditions and ensuring that the final layout maximizes opportunities for improving energy efficiency.

62 Affordable Housing

In accordance with Core Strategy policy CSP 15 the proposal would generate the need for 15% affordable housing for the site. Initial marketing of the site by NPS has shown that interest in the site is limited given the wariness of developers to commit to a large site in this location in the current economic climate. CSP 15 does state that the percentages of affordable housing will be sought unless “it can be demonstrated thorough a viability assessment that the required figure would render the scheme unviable”. As the scheme is only at outline stage only a condition is recommended to state that affordable housing should be provided as part of the reserved matters unless a comprehensive viability assessment shows that this is not possible. This can then be assessed in more detail at the reserved matters stage.

Conclusions

This is a Green Belt location but the site is formerly developed land. The openness of the Green Belt will not be reduced because the volume of proposed development is less than previously existed. A low density development will provide larger houses that are not readily available in the area. The main issue is reducing the impact of the proposed development on long range views and this will be addressed via a low density layout and buffer planting on the northern and eastern boundaries.

As the site falls within the Green Belt and is over the 1,000 square metres threshold for the provision of buildings in the Departures Directive the application needs to be referred to the Secretary of State if Members were minded to grant approval.

Recommendation

Grant subject to conditions and referral to Secretary of State.

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

3 The principle of the development and landscaping buffer zone shall be as outlined in the submitted landscape impact statement dated May 2013, and supplementary information dated July 2013. The details of the landscaped buffer zone, including type, species and height of trees and vegetation and a timetable for implementation will need to be submitted with any Reserved Matters application and agreed in writing with the Local Planning Authority. The scheme shall then be implemented in accordance with the approved details and timetable for implementation. Reason: In order to mitigate the impact of the development on the Green Belt in accordance with CSP34 Protection of the Green Belt.

4 No development shall take place until full details of the proposed external materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 29, Design.

5 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 layout and provision of the open space shown on the submitted plan to be to informal open space requirements. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of residential amenity and to ensure adequate provision of public open space to meet local needs in accordance with the LDF Supplementary Planning Document 'Open Space Provision on New Housing Developments'.

6 A landscape management plan for the buffer planting and open spaces, 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 any of the houses on the development . 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 and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.

7 Development shall not commence until details of the siting of the sales cabin, and parking for staff and customers visiting the site, have been submitted and approved in writing by the Local Planning Authority, and such facilities shall be retained for the entire construction period. Reason: In the interest of road safety in accordance with Core Strategy Policy CSP26.

8 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 road safety in accordance with Core Strategy Policy CSP26.

9 Vehicular and pedestrian gradients within the site shall not exceed 1:12 to ensure safe and adequate access. Reason: In the interest of road safety in accordance with Core Strategy Policy CSP26.

10 Development shall not commence until details of the phasing of the development has been submitted and approved in writing by the Local Planning Authority, to ensure a safe and adequate highway network Reason: In the interest of road safety in accordance with Core Strategy Policy CSP26.

11 Prior to the development being brought into use, a draft Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall indicate measures that will be put in place to encourage travel by modes other than the private car, and allow for regular reporting and monitoring to be undertaken. Subsequently, within six months of the site becoming operational, a detailed travel plan shall be submitted to the Local Planning Authority and once approved shall be fully implemented Reason: In the interests of sustainable development in accordance with Core Strategy Policy CSP25 New Development and Sustainable Travel.

12 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; - Measures to prevent mud/debris being deposited on the public highway Reason: In the interest of road safety in accordance with Core Strategy Policy CSP26.

13 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.

14 There shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works for that phase. Reason: To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal in accordance with Core Strategy policy CSP4.

15 No development shall take place until:

(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;

16 No development or other operations being undertaken in which trees are to be retained on site shall take place until an Arboricultural Method Statement and details of barriers for protection of retained trees has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved methodology and the erection of barriers 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. Reason: To ensure the continued wellbeing of the trees in the interests of the amenity of the locality in accordance with Core Strategy policy CSP29.

17 The dwellings 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 in accordance with Core Strategy Policy CSP2.

18 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. For further information, see BMBC's Supplementary Planning Guidance 28, "Developing Contaminated Land". Reason: To protect the environment and ensure the site is suitable for the proposed use in accordance with Core Strategy Policy CSP40.

19 A scheme for the provision of 15% of affordable housing, in accordance with the requirements of PAN 34 and Barnsley LDF Core Strategy Policy CSP 15, Affordable Housing, as part of the development shall be submitted as part of any Reserved Matters application, or if a reduced number is to be proposed, a comprehensive independent viability assessment shall be submitted to justify a reduced number. The affordable housing shall be provided in accordance with the approved scheme and phased to the satisfaction of the Local Planning Authority. The scheme shall include:-

1. The numbers, type and location of the affordable housing provision to be made. 2. The timing of the construction of the affordable housing. 3. The arrangements to ensure that such provision is affordable for both initial and subsequent occupiers of the affordable housing. 4. The occupancy criteria to be used for the determining of the identity of prospective and successive occupiers of the affordable housing and the means by which such occupancy will be enforced. Reason: To ensure the satisfactory provision of affordable housing in accordance with PAN 34 and the Barnsley LDF Core Strategy Policy CSP 15, Affordable Housing

20 At least 15% of the energy supply of the development shall be secured from decentralised and renewable or low-carbon energy sources. Details and a timetable of how this is to be achieved, including details of physical works on site, shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of development. The approved details shall be implemented in accordance with the approved timetable. Reason: In the interest of sustainable development and in accordance with Barnsley LDF Core Strategy Policy CSP 5, Including Renewable Energy in Developments.

2012/0537 – Residential development (Outline)

Willowgarth High School, Brierley Road, Grimethorpe, Barnsley

2013/0553 Mr John Saul Erection of ceremony building with provision of associated access road, parking and site landscaping and new outdoor childrens play area. Burntwood Court Hotel, Common Road, Brierley, Barnsley, S72 9ET

No objections from local residents or the Town Council.

Site Description

The application site is the Burntwood Court complex located off Common Road in Brierley.

The site is currently made up of a number of buildings including a hotel, public house, restaurant, sports and leisure facilities and a large car park which are set back from Common Road behind an access road serving the development.

The complex is located in mainly rural surroundings with fields being located around the perimeter which are in arable farming use. There is however a number of detached dwellings and a farm located to the west of the site also off Common Road.

A public right of way also passes in front of the existing buildings and then wraps around the edge of the site before heading north towards Hemsworth. The B6273 to Hemsworth is also located further to the east of the site allowing some long distance views across the fields.

The area to the front of the buildings is well landscaped by grass lawns and planted trees. There is also an existing children’s play area which extends out from the south west corner of the existing public house adjacent the entrance road into the building.

Proposed Development

The proposal is for the erection of ceremony building with provision of associated access road, parking and site landscaping and a new outdoor children’s play area

The proposed wedding ceremony building would be detached and set forward of the existing hotel building in relation to Common Road in a purposely landscaped area of the site currently covered by a grass lawn and young trees planted with their supports still attached to stabilise newly planted trees. The main building would be predominantly rectangular in shape with subsidiary extensions on the sides. The rectangular parts would measure approximately 9.5m in width x 22m in length x 9.5m in height. The northern part with the extensions would measure approximately 17m at the widest point side. The increase in floor space would be 230 square metres.

The building would be served by a new loop road to provide drop off facilities at the entrance of the ceremony building. This would connect from an existing service road which serves the hotel.

The new play area would extend the existing play area facilities and would cater for older children/teenagers and seating for parents. This is proposed to extend out forwards from the existing equipped play area which caters for young children by approximately 35m x 50m in width. It would have on it a range of timber play equipment including climbing apparatus and a zip line. The development would result in the need to divert the existing public right of way.

69 The other changes would involve a new footpath being provided from the ceremony building to the Qube restaurant. In addition a new patio area would be provided outside the restaurant. Central within this area a new pagoda type structure would be constructed measuring 4.4m square x 4.3m in height.

The development is forecast to create an additional 10 full time jobs and between 5 and 10 part time jobs.

History

There is a long history of applications at the site. The main ones of significance are as follows:-

B/77/2300/HR – Development of former hospital site as sports complex with associated bungalow, approved

B/82/0582/HR – Change of use from snacks/functions room to restaurant, approved

B/83/1408/HR – Extension to lounge bar of existing sports complex, approved

B/85/1312/HR – Extension to store to convert into tea room, formation of car park, croquet lawn and putting green and erection of livery stables, approved

B/87/0666/HR – Outline for motel, exhibition room, extension to functions room, golf driving range and tennis courts, approved

B/90/0691/HR – Erection of motel, approved

B/92/1604/HR – Erection of extensions to existing functions room, approved

B/94/0506/HR – Erection of extension to existing motel, approved

B/94/1228/HR – Alterations to premises and erection of new gym extension, approved

B/98/0176/HR – Erection of extension to existing functions room, approved

B/99/0336/HR – Erection of 20 bedroom two storey motel extension and new banqueting and conference facilities - granted planning permission by Secretary of State

B/00/1246/HR – Erection of banquet/conference centre with motel annex and restaurant (reserved matters), approved

B/05/0397/HR – Erection of health and leisure centre, approved

B/05/0684/HR – Erection of two storey office extension, approved

2008/0225 – Erection of children’s play room, approved

70 Policy Context

UDP notation: Green Belt

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 the 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.

NPPF

Paragraphs of particular relevance to this application include:

14. At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan- making and decision-taking.

For decision-taking this means:

 approving development proposals that accord with the development plan without delay; and  where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless:

- any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or - specific policies in the Framework indicate development should be restricted.

80. Green Belt serves five purposes:

 to check the unrestricted sprawl of large built-up areas;  to prevent neighbouring towns merging into one another;  to assist in safeguarding the countryside from encroachment;  to preserve the setting and special character of historic towns; and  to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

71 89. A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. Exceptions to this include:-

Limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development.

Provision of appropriate facilities for outdoor sport, outdoor recreation…, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it

19. Significant weight should be placed on the need to support economic growth through the planning system.

28. Planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. Plans should include supporting the sustainable growth and expansion of all types of business and enterprise in rural areas, both through conversion of existing buildings and well designed new buildings;

73. Access to high quality open spaces and opportunities for sport and recreation

Saved UDP Policies

GS6 ‘Extent of the Green Belt’

Local Development Framework Core Strategy

The site is within the Green Belt and as such Core Strategy Policy CSP34 aims to protect the character and openness of the Green Belt in accordance with National Policy Guidelines. In addition to this, the following policies are also of relevance to the scheme.

CSP3 ‘Sustainable Drainage Systems CSP4 ‘Flood Risk’ CSP20 ‘Promoting Tourism and encouraging Cultural Provision CSP21 ‘Rural Economy’ CSP26 ‘New Development and Highway Improvement’ CSP29 ‘Design’ CSP35 ‘Green Space’ CSP36 ‘Biodiversity and Geodiversity’

SPD’s

-Parking

Consultations

Brierley Town Council – No objections

Design – No comments

Drainage – No comments

Highways – No objections subject to conditions

Tree Officer – No objections subject to conditions

Public Rights of Way – No comments received

Regulatory Services – No objections

Yorkshire Water – No objections

Representations

The application was advertised by site notice and neighbour notification. No letters of representation have been received.

Assessment

Principle of development

The NPPF states that the construction of new buildings in the Green Belt is inappropriate unless it falls within one of the exception categories. Exception categories include:-

 Limited infilling or the partial or complete redevelopment of previously developed sites, whether redundant or in continuing use, which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development  Provision of appropriate facilities for outdoor sport, outdoor recreation…, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it

The purposes of including land in the Green Belt are defined in paragraph 80:-

Dealing with the proposed new ceremony building first of all, the scale of the building would not be insignificant. However visuals have been provided which show that it would be ancillary in comparison with the existing buildings on the site. Given that these existing buildings would remain larger and provide the backdrop to the new building I am satisfied that it would appear subordinate and appear in context. In turn this would prevent it from having any significant effect on the openness of the Green Belt. The proposed location is also within the visible curtilage of the Burntwood complex and would not encroach onto the farmers’ fields.

In my opinion therefore the relevant exception category would be met in that the building would be classed as limited infilling of an existing previously developed site in continuing use which would not have a greater impact on the openness of the Green Belt and the purposes of including land within it than the existing development. Overall therefore I consider that to be acceptable in principle subject to an assessment of the impacts on the visual amenity of the Green Belt.

73 I also consider that paragraphs 19 and 28 of the NPPF and Core Strategy policies CSP20 ‘Promoting Tourism and encouraging Cultural Provision and CSP21 ‘Rural Economy’ lend further support for the development in principle. There would also be a new timber pagoda structure as part of the site landscaping. This would be minor in context and would have no significant effect on openness.

Moving on to the proposed play area, this would potentially fall within one of the exception category as provision of appropriate facilities for outdoor sport and recreation provided as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it.

Here there would be some conflict with the purposes of including land within the Green Belt in terms of safeguarding the countryside from encroachment in that the majority of it would be constructed on the adjacent field past the location of the existing footpath which currently marks the logical boundary of the site.

However, I do not consider that the proposal would have a significant effect on openness in that this area of the site would still be related to the complex as an extension to the existing play facilities at the side of the entrance road where it would be screened from Common Road by a high hedgerow. In addition it would remain fairly open comprising a range of timber play equipment. It would also be constructed on a level 750mm below the existing ground level which would also assist with this being the case. Taking these factors into account it would not encroach to any significant degree which would be seen as contrary to the Green Belt planning policies allowing for outdoor recreational facilities.

I am minded, therefore, to judge that this proposal can be accepted in principle, particularly as the NPPF does lend some support to the contribution high quality open spaces and opportunities for recreation can make to the health and wellbeing of communities. Furthermore the proposal would assist growth of the existing business that has been established and is supported by paragraphs 19 and 28 of the NPPF and Core Strategy policies CSP20 ‘Promoting Tourism and encouraging Cultural Provision and CSP21 ‘Rural Economy’.

Visual amenity

The proposed ceremony building and new footpath linkages/ patio and pagoda would disturb an artificially created landscaped area containing young trees which it would be possible to re-plant around the new areas of development. Therefore I have no issue with the proposed location subject to a suitable condition relating to replacement landscaping.

The building itself has been designed in the form of chapel which is a mixture of traditional and modern styles. The majority of it would be built out of stone with red brick contrasting details and attractive glazing details. In my opinion it would achieve a very high standard of design that would enhance the appearance of the complex.

The play equipment also would be constructed using mainly natural building materials and would retain a degree of openness through it in the Green Belt context. Overall I consider the proposals to be acceptable in visual amenity terms having regard to the planning policies relevant to the Green Belt and on design.

Residential Amenity

I consider that the nearest houses located outside the complex would not be significant affected by the development due to the separation distances and screening involved. As such the proposal does not raise any significant considerations in terms of how it may harm the living conditions of existing properties.

Highway Safety

The SPD would indicate a modest demand for 16 parking spaces for the new ceremony building development. Existing provision is considerable and contained within the site comprising 174 spaces for cars, 14 mobility spaces and 5 for mini buses/light good vehicles. With demand for the various facilities being at different times of the day and the week there are no known parking problems affecting the areas outside the complex. Accordingly parking provision is considered acceptable.

Access to the ceremony building would be from within the site and again this would not raise any significant considerations in terms of impacting upon the existing highway network. Overall therefore I am of the opinion that there are no significant highway safety considerations.

There is also a public right of way that would be affected by the development. This will need to be subject to a separate application for a minor diversion.

Conclusion

In summary, the proposed development has been assessed and is judged to be acceptable in that:-

The proposals are considered to be an acceptable form of development in the Green Belt having regard to the NPPF and Core Strategy policies CSP20 ‘Promoting Tourism and encouraging Cultural Provision and CSP21 ‘Rural Economy’

The development has been assessed to be acceptable in terms of standards of design quality and residential amenity, taking into account standards set out Core Strategy Policy CSP29 ‘Design’.

The proposal has been assessed by Highways to be acceptable with regards to highway safety considerations taking into account the considerations stated in this report and therefore complies with Core Strategy policy CSP 26.

Therefore it is recommended to the Board that the application is granted planning permission subject conditions.

Recommendation

Grant subject to:-

2 The development hereby approved shall be carried out strictly in accordance with the plans and specifications as approved unless required by any other conditions in this permission. Drawing no P-01 'Site Location Plan' Drawing no P-03 Rev C, 'Proposal site plan annotated' Drawing no P-06 Rev A LANDSCAPING proposal landscaping plan Drawing no P-07 Rev B LANDSCAPING proposal timber feature play area

75 Drawing no P-09 Rev A Amendments to access and drainage Drawing no P-10 Rev C CEREMONY BUILDING proposal ground floor and mezzanine layout plans Drawing no P-11 CEREMONY BUILDING proposal roof plan Drawing no P-12 Rev A, CEREMONY BUILDING proposed elevations annotated' Drawing no P-13 Rev A, CEREMONY BUILDING proposed elevations coloured' Drawing no P-15 Rev A CEREMONY BUILDING indicative site cross section AA Drawing no P-16 Rev A LANDSCAPING indicative site cross section BB Drawing no P-17 LANDSCAPING hard landscaping structure details Drawing no P-18 LANDSCAPING timber children's play area equipment example 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 on the construction of the new outdoor children's play area until full details of the proposed surface material including colour 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 LDF Core Strategy Policy CSP 29, Design.

4 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 -Wheel washing facilities Reason: In the interests of highway safety, residential amenity and visual amenity, in accordance with Core Strategy Policies CSP 26 and CSP 40

5 The parking/manoeuvring facilities, indicated on the submitted plan, shall be surfaced in a solid bound material (i.e. not loose chippings) and made available for the manoeuvring and parking of motor vehicles prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

6 Vehicular and pedestrian gradients within the site shall not exceed 1:12. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

7 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, full details of soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained. Reason: In the interests of the visual amenities of the locality, in accordance with Core Strategy Policy CSP 29.

8 Prior to commencement of development details of tree protection fencing shall be submitted to and approved in writing by the Local Planning Authority. The approved fencing shall be installed before 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 safeguard existing trees, in the interest of visual amenity.

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 others of similar size and species. Reason: In the interests of the visual amenities of the locality, in accordance with Core Strategy Policy CSP 29.

10. No development shall take place until:

(a) Full foul and surface water drainage details 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 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.

2013/0553 – Erection of ceremony building with provision of associated access road, parking and site landscaping and new outdoor childrens play area

Burntwood Court Hotel, Common Road, Brierley, Barnsley

2013/0580 Mr John Norton Erection of 1 no. micro scale wind turbine (14.97m to hub, 5.6m diameter blades) Globe Farm, Church Lane, High Hoyland, Barnsley, S75 4BE

9 objections from local residents. Objections from Cllr Barnard and the Parish Council

Site Description

The site is a field forming part of Globe Farm which is located to the south of Upperfield Lane, High Hoyland.

The field is located immediately to the south of the existing farm buildings and dwelling. The field is currently open being covered by short grass leading down to the field boundary. Immediately further to the south is a dense woodland (Margery Wood) providing the backdrop to the site from views into the site for the greatest concentration of dwellings in the village located around High Hoyland/Church and Upperfield Lanes. The levels of the site are also set considerably below High Hoyland/Church and Upperfield Lanes as the land falls down from these areas allowing some long distance views from these areas. The land continues to slope down from the farm buildings onto the field .

The site is adjoined by further fields either side. A bridleway passes alongside the boundary to the east of the farm. A high level hedgerow marks the boundary between the two sites.

Proposed Development

The proposal is to erect a domestic wind turbine to provide electricity to the applicant’s farm. The turbine would be a 3 bladed monopole wind turbine (galvanised grey mast, white blades) that would measure 14.97m to hub (17.27m in total blade to tip). A cable run would be approximately 170m comprising a backfilled trench which would lead to the farmhouse.

It is anticipated that the turbine would generate approximately 8.56 mWh for the farm per year.

Site History

B/90/0832/PR – Erection of a bungalow and private double garage, approved 14/01/1991

B/03/0897/PR – Erection of new office/rest room building, approved 28/07/2003

Policy Context

UDP notation: Green Belt

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 the 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.

79 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.

NPPF

Paragraphs of particular relevance to this application include:

80. Green Belt serves five purposes:

89. A local planning authority should regard the construction of new buildings as inappropriate in Green Belt.

91. When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources.

93. Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure

95. To support the move to a low carbon future, local planning authorities should:  plan for new development in locations and ways which reduce greenhouse gas emissions;

97. To help increase the use and supply of renewable and low carbon energy, local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources.

98. When determining planning applications, local planning authorities should:

 not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and  approve the application if its impacts are (or can be made) acceptable.

28. Planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. Plans should

 support the sustainable growth and expansion of all types of business and enterprise in rural areas  promote the development and diversification of agricultural and other land based rural enterprises

109. The planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes

Saved UDP Policies

GS6 ‘Extent of the Green Belt’

Local Development Framework Core Strategy

The Barnsley Local Development Framework Adopted Core Strategy (CS) includes the following policies:

CSP6 - Development that Produces Renewable Energy - Development that produces renewable energy should be allowed as long as there is no significantly harmful effect on; - The character of the landscape and appearance of the area - Living conditions - Biodiversity, geodiversity and water quality - Heritage assets, their settings and cultural features and areas - Highway safety and - Infrastructure including radar.

Proposals must be accompanied by information that shows how the local environment will be protected, and that the site will be restored when production ends.

The Core Strategy recognises that undulating landscapes, such as those in the west of the borough, can increase the prominence of turbines. Careful consideration will need to be given to the capacity of the landscape to accommodate turbines, the ability to mitigate visual intrusion and cumulative impacts of individual sites when they are grouped rather than dispersed. The Council will use the Character Assessment and Policy CSP37 to assess the effect of development proposals.

81 CPS21 – Rural Economy - we will encourage a viable rural economy by allowing development in rural areas if it:

- supports the sustainable diversification and development of the rural economy; or - results in the growth of existing businesses; or - is related to tourism or recreation; or - improves the range and quality of local services in existing settlements

Development in rural areas will be expected to:

- be of a scale proportionate to the size and role of the settlement - be directly related, where appropriate, to the needs of the settlement - not have a harmful impact on the countryside, biodiversity, Green Belt, landscape or local character of the area - consider the re-use of existing rural buildings in the first instance; and - protect the best quality agricultural land.

CSP29 - Design - states that high quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, including (amongst other things):

- Topography, important habitats, woodlands and other natural features - Views and vistas to key buildings, landmarks, skylines and gateways - Heritage, townscape and landscape character including the scale, layout, building styles and materials of the built form particularly in and around (amongst other things), Penistone and the rural villages in the west of the Borough. The policy is aimed at ensuring that development is appropriate to its context.

CSP34 – covers the protection of the Green Belt which is to be protected for its openness and visual amenity.

Emerging Development Sites and Places DPD

Proposed designation: Green Belt

-SD1 Presumption in favour of Sustainable Development -GD1 General Development Policy

Consultations

Biodiversity – No objections subject to conditions

High Hoyland Parish Council – Object for the following reasons:

• Presumption against inappropriate development in the Green Belt • The small amount of electricity generated would not outweigh the harm caused • Concerns that the siting has been contrived as part of a strategy to obtain planning permission as a means of developing a strategy to submit further applications for larger or an increased number of turbines on the site • Concerns that the development would set a precedent for further applications to be made off the site in the area which may start culmination problems similar to the Penistone area

82 • The site is in an area of Borough Landscape Value and next to a Nature Conservation site in the UDP • The proposal would damage views and the visitor economy which are important to the area • Potential impact on wildlife, including migratory birds • Hazard to bats • Effect /horses with equestrian use in the area • TV reception interference • Shadow flicker and strobing affecting different properties at different times of the year • Noise and infra sound • Potential effect on the planes navigation systems with the area stated as being under a flight path used for RAF training exercises.

Highways – No objections

Regulatory Services – No objection subject to conditions.

Ministry of Defence – No objections

National Air Traffic Service – No objections

Representations

The application was advertised on site, in the local press and by way of neighbour letter. 9 objections have been received from local residents. In addition Cllr Barnard has objected to the scheme.

In summary objections from local residents can be summarised as follows:-

 Harm to the village of High Hoyland which is a Conservation Area in part and its rural character/ambience  Harm to an area of high quality landscape value (Vale of Cawthorne)  Unacceptable development in the Green Belt  Harm to agricultural land  The turbine would be prominent and seen from many positions  Existing tree cover would not be all year round  The setting of a precedent to allow further turbines in the area  Harm to the living conditions of the residents of existing properties by way of noise and infra sound  Public safety concerns relating to the potential for mechanical failures, breakages and ice throw  Shadow flicker  Harm to wildlife including birds, bats, newts  Effects on other animals including horses, sheep and dogs  Potential interference with TV reception  Loss of property values  The turbine should be located nearer to the applicant’s property as the supporting documentation appears to confirm would be feasible  Other solutions to provide renewable energy to the farm exist that have less of a visual impact exist such as a solar panels

Councillor Barnard objects for the following reasons:-

 Blight on the High Hoyland Parish landscape which has so far not been disturbed by wind turbines  The potential for this development to lead to future applications in the Parish and the surrounding countryside  The potential for cumulative impact and for local residents to start feeling harassed by more and more turbine applications as has happened in the area surrounding Penistone  Risk of structural failure - Material supplied in response to other applications shows that in the event of failure broken blade sections can be flung 10 times blade tip height and can then ricochet a further three times that height. In which case the minimum safe separation distance would be 13 times blade tip height from any road, property or bridleway.  Strobing and shadow flicker. Given the proposed location Cllr Barnard believes this would impact occupiers of various properties in High Hoyland.  Hazard to bats of which there are many in the area and at least one roost in close proximity to the proposed location  Hazard to horses and their riders, something acknowledged by the British Horse Society.  Noise and infra-sound. Especially the latter as it is a ground wave which can be inaudible in the open air but can resonate within properties especially old houses with stone walls and this is widely believed to be responsible for symptoms such as those normally ascribed to Wind Turbine Syndrome.  Planning Minister, Nick Boles MP, has said that turbines should not be situated within 1.4km of people’s homes.  Turbines are acknowledged to interfere with television reception as in the case of Infinis and the wind farms at Spicer Hill and Blackstone Edge. In the event that this application were to be approved there would be a need to include a condition requiring the operator to provide alternative satellite systems to any affected households.  It would constitute an unacceptable development in the Green Belt.

Assessment

Principle of development - The proposed turbine is located in the Green Belt and is classed as an inappropriate form of development.

Inappropriate development is, by definition, harmful to the Green Belt and such development should not be approved, except in very special circumstances. Such very special circumstances will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. The NPPF states that very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable resources.

The turbine would be expected to generate an average of 8.56MWh of electricity for the farm per year, equivalent to a saving of 4.50 tonnes of carbon dioxide and as such, this can be put forward as a case for very special circumstances, but this would need to be sufficient to outweigh the harm to the Green Belt and local landscape. Core Strategy policy CSP6 and the NPPF are supportive of renewable energy schemes of all scales which do not have significant harmful effects on the character and appearance of the area, or the Green Belt. The proposal is considered to offer benefits which attract significant weight in favour.

84 When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources and farm diversification.

Landscape and Visual Impact - The proposed turbine lies within the ‘West Barnsley Settled Wooded Farmland’ Landscape Character Area. The landscape character comprises gently rolling farmland, woodland, intact agricultural land (mainly in arable use), fields bounded by hawthorn hedgerows and some stone walls. Settlement is frequent but small scale and dispersed. Views are open and distant from higher ground and enclosed by landforms in valleys.

On a local scale, views of the site are mainly from areas of High Hoyland to the north and west, and from existing housing and roads that pass through the village (High Hoyland/Church and Upperfield Lanes). These land levels are raised considerably above the site allowing some open and long distance views to the area where the turbine would be constructed. The landscape assessment indicates that the rural character of the area and its low density settlement pattern make this landscape particularly sensitive to built development. The development would also be the first turbine in the area. Its sensitivity is therefore judged to be high, with landscape capacity being low.

The applicant has submitted a Landscape and Visual Impact Assessment which includes a number of photomontages. The report concludes that the development would only have a small impact on the landscape due to its small scale and its careful siting, positioned on a low ground level that would be well screened by the surrounding landform and Margery Wood. Having given detailed consideration to all of this information, in my opinion the main sensitivity with the application is the effect on the local landscape given this is the first turbine in this locality.

The proposed turbine is small scale, only approximately 15m to hub height, on a slimline mast. It is positioned at a lower level to surrounding housing and is set against a backdrop of trees and the surrounding landform. Whilst it may be possible to bring the turbine closer to the farm buildings this would also bring it further up the slope and closer to residential properties therefore making it more prominent from public views. The siting as it currently stands is considered to have only a modest impact on the local landscape. Considerable support for renewable energy developments and farm diversification is set out in the NPPF and several Core Strategy policies. After weighing up all these considerations,, I do not think that the proposal would lead to a significant level of harm to the landscape and to the openness of the Green Belt that could support a refusal of planning permission in this particular case. This is based on this proposed turbine in this location and any others that may be proposed in the future in this area would similarly have to be assessed on their own individual merits.

In respect of High Hoyland Conservation Area, the proposal would be sited approximately 175m from its southern edge. However, it is considered that the small scale of the development and its subdued position in the landscape would not detract from the character and appearance of its setting. The proposal is considered to comply with policy CSP30 in this respect.

Residential Amenity - The nearest residential dwellings located outside the farm site are located to the north and west of the site off High Hoyland/Church and Upperfield Lanes. The distance between the nearest dwelling and the turbine would be approximately 183m. Whilst concerns have been raised by local residents regarding potential noise from the turbine; Regulatory Services have assessed the application and the associated Noise Impact Assessment and do not object advising that noise levels for this type of turbine is generally low and that it would be masked under most operating conditions. As such they raise no objections subject to the imposition of a planning condition as a precaution stating the maximum noise levels permissible as the nearest properties. The proposal is considered to comply with policy CSP40 on that basis.

Shadow flicker - In respect of shadow flicker PPS22 Companion Guide advises that only properties within 130 degrees either side of north relative to the turbines are likely to be affected. Furthermore, flicker effects have only been known to occur within 10 rotor diameters of a turbine and the effects reduce with distance. There are no properties potentially affected within this radius.

Ecology - The application includes an ecological assessment. The assessment includes an appraisal of the ecological value of the turbine site and concludes that the impact is likely to be low due to the small size of the turbine and the pre-cautionary siting which maintains an appropriate intervening distance between the proposed development and potential habitat features. Overall the proposal is considered to comply with policy CSP36 of the Core Strategy.

Highway Safety - The proposed development would not result in any significant highway safety impacts either through construction deliveries or the operation of the turbine. Once delivered and constructed the turbine is likely to result in few vehicular trips.

Other Issues - Loss of View - Concerns have been raised by local residents regarding the impact on individual views from properties. It is a well held planning principle that there is no right to a view beyond the curtilage of individual properties. There may be occasions where a development is of such a magnitude that it would overbear nearby properties, resulting in an uneasy feeling to an extent that the outlook of a property or garden may be harmed to an unreasonable degree. However, this is not considered to be the case with this particular application. Whilst there would be views from some local properties; it is considered that the distance between the site and dwellings is sufficient to ensure that living conditions would be maintained to a reasonable degree.

Financial gain to applicant - Concerns have been raised that the scheme is for the monetary gain of the applicant. However, the proposal would be a form of rural diversification and such monetary gain would be no different to many other farm diversification schemes which also receive subsidies. Therefore, this application should be judged on its planning merits.

Potential for structural failure - Concerns have been raised regarding structural failure of the turbine. However, there have been very few incidences of structural failure relating to wind turbines and the turbine is located approximately 183m from the nearest property which complies with the suggested spacing standards set out in PPS22CG.

TV reception interference – A turbine of this scale is unlikely to cause any significant problems of electrical interference. However a condition would be considered a suitable precaution.

Air traffic inference – National Air Traffic Services and the Ministry of Defence have been both been consulted and neither object having assessed the details.

Conclusion

In summary of the above the proposed development is recognized as a form of inappropriate development in the Green Belt. However both Core Strategy policy CSP6 ‘Development that Produces Renewable Energy’ and the NPPF potentially allow for wind turbine developments on sites in the Green Belt where very special circumstances can be demonstrated and where the impacts to the landscape and other considerations such as residential amenity and biodiversity would not be significant.

86 Very special circumstances are allowed to include the environmental benefits of the development which would provide electricity serving the farm. Whilst small in scale, the NPPF states is clear that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions. In addition it lends support for rural businesses, as it also the case with Core Strategy policy CSP21 ‘Rural Economy’.

The impacts of the proposed development have been considered. The site is in the ‘West Barnsley Settled Wooded Farmland’ Landscape Character Area which is sensitive and this would be the first turbine in the area. However I consider that the combination of the small scale of the turbine and favourable locational factors where it would be set below the houses in the village and benefit from a backdrop of mature woodland would mean that the effect on the local landscape would be modest. On balance after weighing up all these considerations, I do not think that a level of harm would be caused to the landscape and to the openness of the Green Belt that could support a refusal of planning permission in this particular case. I also consider that the proposal would not detract from the character and appearance from the High Hoyland Conservation Area located 175m away for the same reasoning.

The application has also been assessed against the other range of potential impacts including the living conditions of existing properties in terms of noise, shadow flicker, ecology and highway safety with no significant implications identified.

The proposal is therefore judged to be acceptable when taking into account the relevant planning polices (principally the NPPF, Core Strategy policies CSP6 ‘Development that Produces Renewable Energy’ and CSP21 ‘Rural Economy’) and other all material considerations raised. Therefore it is recommended to the Board that the application is granted planning permission subject to conditions.

Recommendation

Grant subject to:-

2 The development hereby approved shall be carried out strictly in accordance with the plans 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 If the wind turbine hereby permitted ceases to be operational for the purposes of generating electricity for a continuous period of 6 months it shall, unless otherwise agreed in writing by the Local Planning Authority, be dismantled and removed from the site within a period of 2 months. The site shall thereafter be restored to its original condition including the associated concrete base and cabling. Reason: To protect the visual amenity of the area and in accordance with CSP6 of the Core Strategy.

4 All cables from the turbine shall be underground. All excavated ground in connection with cable laying shall be reinstated to its former condition as soon within 1 month of the date of commissioning. Reason: To minimise the visual impact of the development.

87 5 The noise level from the turbine must not exceed the following:

A day time (7am to 11pm) level of 35 dB LA90, 10 mins, or the background, expressed as LA90, 10 mins, plus 5dB, whichever is the higher, measured at no less than 3.5 metre from the façade of any residential property not owned by the applicant or a member of their family (but ignoring the effect of that façade).

A night time (11pm to 7am) level of 43dB LA90, 10 mins, or the background, expressed as LA90, 10 mins, plus 5dB whichever is the higher, at 3.5 metre from the window of a habitable room in the façade of any residential property. In the event of a complaint being received in writing by the LPA alleging noise nuisance due to the wind turbines on the development hereby approved, the wind turbine operator shall, at its expense, employ a consultant approved by the LPA to measure the level of noise emissions from the wind turbine at the location of, and external to, the complainant's property (or, in the event that access is not possible, at the nearest publicly accessible location acceptable to the LPA). The results of the consultant's assessment shall be provided to the Local Planning Authority within 2 months of the date of notification of complaint unless otherwise agreed in writing by the Local Planning Authority. The operator shall cooperate with the Local Planning Authority to ensure that the development is compliant with the above defined limits for the site.

In the event that the noise level from the turbines is above the stated levels and noise measurements have been carried out in accordance with the details above, then the applicant shall submit a mitigation scheme for the written approval of the Local Planning Authority in order to identify measures to reduce the noise of the turbines to acceptable levels. The approved scheme shall then be implemented. In the event that the noise level from the turbine cannot be brought within acceptable levels, as defined above, the turbine shall not continue to operate. Reason: In order that the turbines operate within acceptable noise limits in the interests of residential amenity and in accordance with ETSU-R-97.

6 In the event that the extension hereby approved leads to impaired TV reception in the surrounding area, then the applicants shall within one month of receiving notification from the Local Planning Authority, submit a survey and report, prepared by a competent firm or consultant experienced and specialising in the assessment and evaluation of TV reception. It shall identify the cause and recommend any works necessary to restore reception. The remedial measures specified in the report shall be completed within one month of the approval. Reason: In the interests of amenities of nearby residents.

88 Cottage

The Hall

1 182.3m

1 Hall Cotts Woodlands

Hall Farm Tk

3 186.5m

4 Track

Rose Cottage

Beaconfield Thornlea

Highfields Track

Tithe Barn Cherry Tree Court Pond

Old Rectory

Globe Farm Pond High Hoyland Sinks

Path (um)

Issues Issues Issues

Path (um)

Path (um) Issues

2013/0580 – Erection of 1 No. micro scale wind turbine (14.97m to hub, 5.6m diameter blades)

Globe Farm, Church Lane, High Hoyland, Barnsley

2012/0062 Mr Cash Erection of boundary wall, siting of caravans, erection of chalet & alterations to ground levels. (Part retrospective) 32A Michaels Estate, Grimethorpe, Barnsley

There have been 13 letters of objection from local residents. Councillor North has requested the application go before the Planning Regulatory Board due to concerns over the impact of the development on local residents.

Site Description

The application site consists of a corner plot which was originally part of the garden area to No. 32 St Michael’s Estate. It was then fenced off as a separate piece of land and became overgrown and disused. The applicant purchased the land and cleared it of the overgrowth, put gravel down on the site (raising the land by approximately half a metre), erected a boundary wall and gates, and has positioned a caravan and shed on the site. The applicant is currently living with his wife in the caravan.

The site is located within the centre of Grimethorpe in predominantly residential surroundings. The neighbouring properties are predominantly single storey or dormer bungalow properties.

Proposed Development

The application seeks retrospective planning permission to retain the wall and gates that have been erected, the gravel that has been put down, and the shed that has been erected. They are then seeking permission to erect a single storey ‘chalet’ style dwelling measuring approximately 12m x 4m to be positioned with the front elevation in line with the front of No. 32. A hardstanding will remain for the caravan at the rear of the property but this will be used as ancillary to the enjoyment of the dwelling and not as a separate residential unit.

History

The applications that have previously been submitted for this site are:

88/0260 – Erection of boundary fence – approved 90/1751 – Outline for the erection of detached bungalow with private garage –approved 2008/0795 – Erection of 2 bungalows with detached garages – approved 2010/0229 – Erection of 2 bungalows with detached garages - approved

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 the 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.

Barnsley UDP Saved Policies

UDP Allocation – Housing Policy Area.

Local Development Framework

Core Strategy

Policy CSP29 ‘Design’ sets out overarching design principles for the borough to ensure that development is appropriate in context.

CSP26 ‘New Development and Highway Improvement’ explains that planning permission will be refused ‘if a development is not suitably served by the existing highway, or would create or add to highway safety problems’.

Supplementary Planning Documents

Supplementary Planning Document ‘Designing New Housing Development’ –This Document primarily supplements policy CSP 29 Design of the LDF Core Strategy and sets out the principles that will apply to the consideration of planning applications for new housing development,

The ‘Parking’ SPD states that the parking standards for new housing development shall be 2 spaces for dwellings with 3 bedrooms or more.

NPPF

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’ 58 & 60 – Design considerations

Consultations

Highways – No objections subject to conditions

Drainage – No objections subject to conditions

91 Representations

13 letters of objection have been received to the application from local residents, although some of these are separate letters from the same address. The concerns expressed are summarised below:

- Out of keeping with area - Caravans and chalets not suitable for area - Altered vehicle access - Safety concerns over raising of land - Loss of privacy - Drainage problems - Loss of light - Impact on highway safety from parking on road - Wish to see a brick built bungalow on the site

Assessment

Principle of development - The site is allocated as within a Housing Policy Area as shown on the Council’s Unitary Development Plan and is designated within the urban fabric of the settlement of Grimethorpe in the Local Development Framework. As the site is surrounded by existing dwellings, and can be classed as a brownfield site, the principle of residential development would fit in with the character of the surroundings and the land use designation.

In addition to the above the site also benefits from a recent history of planning permissions for residential development at this site.

Visual amenity - The application is part retrospective in that a number of works have taken place already to the site. The structure of greatest visual impact is the wall that surrounds the site which ranges in height from 1.5 to 1.8m. It is a stone wall which has a number of columns and stone ‘orbs’ on the top. The wall is of a high quality and is set close to 32 Michaels Estate which has a cream render finish to its walls, of a similar colour to the stone wall that has been erected However, the area in general consists of predominantly red brick properties with small red brick boundary walls. As such the wall appears out of character with its surroundings and a prominent feature on the streetscene. Given that this is only part of the overall scheme put forward, and only affects visual amenity rather than highway safety or residential amenity, it is considered that a condition could be imposed on any permission to explore more suitable alternatives to the boundary wall that has been erected. This could be through either a reduced wall height or a different design of wall that could be agreed between the applicant and the Local Planning Authority.

In terms of the remainder of the scheme, the application proposes a single storey chalet, space for a caravan, and a shed. The chalet would be positioned so its frontage would match that of the adjacent property. Although the land has been raised by approximately 0.5m the chalet would still be below the height of the adjoining property and would be rendered a similar colour to harmonise with its surroundings. It would not, therefore, appear as a discordant or prominent feature on the street scene. The shed would be to the rear of the site and appears as a small domestic outbuilding. Whilst there is a space for a caravan to the rear this situation would be no different to any other residential property storing a caravan on their driveway. A view of the streetscene on Google maps showed two properties on this street with caravans to the front of their properties and one with a motorhome. These are in much more prominent positions on the streetscene than the proposed position of the caravan would be. As such, subject to the condition relating to boundary treatment, the visual impact is considered acceptable.

92 Residential Amenity - The site has had permission previously for two semi-detached properties which means there is an established acceptance for residential use on the site. The level of activity associated with the proposal for one residential unit would be less than that for two dwellings. In addition the proposed chalet would be situated along a similar boundary line, and position, to that approved for the two dwellings, but would be of an overall height 4m less than that approved for the dwellings. The windows facing the nearest property would be obscure glazed and as such it is not considered that the proposal would have any significant impact on the amenities of neighbouring properties.

Highway Safety - The applicant has created an access into the site off Michaels Estate. This is in line with the majority of the properties on this streetscene and the Council’s Highways Section have confirmed that this is acceptable. There is space within the site to park two vehicles off site and as such the proposal complies with the requirements of the SPD on parking. The applicant has yet to provide a drop kerb into the access but this would need to be done through the permission of the Highways Authority and as such a suitably worded informative is recommended to bring this to the attention of the applicant. The proposal is therefore not considered to be of detriment to highway safety.

Drainage - On the previous application for this site, for two dwellings, no objections were raised on drainage grounds from Yorkshire Water or from the Council’s drainage section. At the time the Drainage Section commented that they were happy for the details to be checked by Building Control. With regards to this application, the Council’s Drainage Section have again raised no objections but suggested a suitable condition for them to check the details of the drainage prior to the chalet being erected.

Conclusion

The site is a brownfield site in a sustainable location and is designated for housing use. The proposal is considered to be acceptable in principle and is not considered to be of detriment to highway safety, residential amenity or visual amenity.

Recommendation

Grant subject to:-

1 The development hereby approved shall be carried out strictly in accordance with the amended plans (elevations of chalet and site layout plan received on 23rd May 2013) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with Core Strategy Policy CSP 29, Design.

2 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.

3 The parking/manoeuvring facilities, indicated on the submitted plan, shall be surfaced in a solid bound material (i.e. not loose chippings) and made available for the manoeuvring and parking of motor vehicles prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: To ensure that satisfactory off-street parking/manoeuvring areas are provided, in the interests of highway safety and the free flow of traffic and in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement.

4 Notwithstanding the wall that has been erected, within 2 months of the date of this decision details of an alternative boundary wall shall have been submitted to and approved in writing by the Local Planning Authority . The boundary treatment shall be completed within 2 months of the approval of the scheme and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with Core Strategy Policy CSP 29, Design.

5 All surface water run off shall be collected and disposed of within the site and shall not be allowed to discharge onto the adjacent highway. Reason: In the interests of highway safety in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

6 The chalet shall not be erected until:

(a) Full foul and surface water drainage details, i 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;

7 The windows on the western side of the chalet facing 32 Michaels Estate shall be obscure glazed prior to the occupation of the chalet and shall remain as such thereafter. Reason: In the interests of neighbouring amenities in accordance with Core Strategy Policy CSP29.

97b

97a

2 23

SHIREOAKS WAY 97

72 25 15 Shelter 2 37

9 36 47.6m 11 St Pauls

Church 1

31 LILYDENE AVENUE 27 70

28 95

6 1

30 68

29 85 3 11 1 Garage

17 36

BRIERLEY ROAD 66

45.4m

21 81 22

MICHAEL'S ESTATE 16 32 37

Dormalee 20 63 26 MICHAEL'S ESTATE

21 MEADOW CRESCENT

3 47

64 1 5

68 57

GREENACRES 83

73 79

53 10

MICHAEL'S ESTATE 15

74 14 74C 74B

16 74A 2012/0062 – Erection of boundary wall, siting of caravans, erection of chalet and alterations to ground levels (part retrospective)

32A Michaels Estate, Grimethorpe, Barnsley

SPRINGFIELD RD

2013/0340 Mr Steve Hirst Erection of 1 no. detached bungalow with detached double garage Land rear of 2 Doghill Drive, Shafton

There have been 9 letters of objection and 1 letter of comment from local residents. Councillor North has requested the application go before the Planning Regulatory Board due to concerns over the impact of the development on local residents.

Site Description

The application site consists of a previous Council owned domestic garage court. The site was sold off in 2010 and whilst all of the garages have now been removed, the access to the site and hardstanding remains. The site is therefore cleared of structures and is surrounded by residential bungalows on all sides. The land rises upwards from north to south and east to west.

Proposed Development

The application seeks planning permission to construct a detached dormer bungalow towards the centre of the site utilising the existing access for vehicular and pedestrian traffic. The dwelling would be orientated with the front elevation facing north and the main amenity space would be to the rear. The dwelling would measure 15m x 10m x 6m to ridge height. Two dormers are proposed in the front elevation with rooflights used elsewhere to provide light into rooms in the roofspace. No habitable room windows are proposed on the side elevations of the property

A detached double garage, measuring 2.5m to eaves and 4m to ridge height, is proposed on the northern boundary facing onto access gates bordering onto the access road. The applicant has indicated on the submitted drawing that a right of way would be retained along the access for neighbouring occupiers to use.

Since submission of the application the applicant has amended the scheme by moving the garage away from properties on Sceptone Grove, reducing the height of the garage, reducing the width and height of the bungalow, and replacing two dormer windows with rooflights.

History

There has been only one planning application within the last 20 years at the site which was for crown lifting of trees on the boundaries of the site.

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 the 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.

96 Barnsley UDP Saved Policies

UDP Allocation – Housing Policy Area.

Local Development Framework

Core Strategy

Policy CSP29 ‘Design’ sets out overarching design principles for the borough to ensure that development is appropriate in context.

Supplementary Planning Documents

The ‘Parking’ SPD states that the parking standards for new housing development shall be 2 spaces for dwellings with 3 bedrooms or more.

NPPF

Paragraphs of particular relevance to this application include:

Consultations

Drainage – No objections subject to conditions

Highways – No objections subject to conditions

Tree Officer – No objections subject to conditions

Yorkshire Water – No comments received

97 Representations

Nine letters of objection have been received to the application from local residents. The concerns expressed are summarised below:

- Loss of light - Impact on amenity value of neighbouring gardens - Impact on wildlife - A number of local residents have health problems and concerns are expressed that the disruption associated with development of the site would exacerbate these problems. - Impact on highway safety and access for local residents and emergency vehicles. - Bungalow out of keeping with surrounding properties - Loss of privacy - Impact on view from properties - Impact on drainage - Dwelling too large for the site.

One letter of comment has been received stating they have no objections to the proposal as long as it is built in accordance with the plan.

Assessment

Principle of development - The site is allocated as within a Housing Policy Area as shown on the Council’s Unitary Development Plan and is designated within the urban fabric of the settlement of Shafton in the Local Development Framework. As the site is surrounded by existing dwellings, and can be classed as a brownfield site, the principle of residential development would fit in with the character of the surroundings and the land use designation.

The siting of the dwelling would be behind existing properties in a ‘backland development’ situation. Normally, ‘backland development’ is resisted as it can bring about noise and disturbance to the rear of neighbouring properties and can involve disturbance through the creation of accesses to the side of existing properties, especially where it involves development on rear garden areas. However, the Council’s SPD on housing development states that backland development can be considered acceptable where there is an existing use to the rear or properties and where the proposal could benefit the appearance of the site. In this case, the site had a previous use as a garage court and therefore there is an established access and there would have been a certain level of activity and disturbance associated with that use. The proposed use of the site for a single dwelling is not likely to generate any more activity than could be associated with a number of garages being positioned in association with the established use of the site. Although there are no buildings left on the land it does have the appearance of an overgrown derelict site and as such the tidying up of the site through development of a dwelling could improve the overall appearance. In principle, therefore, the site is considered acceptable for residential development subject to the impact on visual amenity, residential amenity, and highway safety.

Visual amenity - The properties surrounding three sides of the site are predominantly of the same design, being semi-detached red brick bungalows, although some have buff brick sections to break up the walls. The proposal is also for a bungalow with a similar tiled pitched roof to the surrounding dwellings. However, it is of a larger footprint, proposed to be of stone, and has two dormer windows in the front. On initial viewing it would therefore appear out of character with its surroundings. However, to the immediate south of the site there are two storey properties, with dormers, and incorporating stonework in the walls. The applicant is proposing a high standard of design, by incorporating stone heads, cills, mullions and quoins into the scheme. Given that the site is well screened from public views, with only the roof likely to be visible, and does border onto larger properties to the rear, the design is considered to be of a good standard and is not considered to be of detriment to the visual amenities of the area.

The proposed detached double garage would match the materials of the dwelling but would be subsidiary to it. The size of the garage aligns with the recommendation of the Council’s SPD on domestic outbuildings and is therefore considered to be acceptable.

Residential Amenity - As mentioned previously in the report, the site had a use as a garage court which would have had a certain level of activity and disturbance associated with it. It is not considered that the use for one dwelling would have a significantly greater impact than the previous use.

In terms of impact on neighbouring properties it is acknowledged that there are level differences throughout the site and as such the applicant has provided a cross section drawing to show the differences to neighbouring properties. The habitable room windows on the dwelling would be to the front and rear. To the front, the nearest existing properties are at a lower level but would be approximately 35 metres away from the proposed dwelling which is significantly in excess of the 21 metres required by the SPD guidelines. Whilst the garage would be nearer, this is not a habitable room and would still be a distance of 16 metres from the rear of the properties to the north. To the rear, neighbouring properties are over 21 metres away and at a higher level thereby reducing the impact of the development on their amenities.

To the eastern side the dwelling would be close to the rear dwellings of 14 and 16 Sceptone Grove. It is acknowledged that these dwellings have small rear gardens and are at a level approximately 1 metre lower than the proposed dwelling. As such, the applicant has amended the scheme during the course of the application to reduce the width of the dwelling by 1 metre (moving it away from these properties) and reducing the height of the dwelling by approximately 0.5m. At the nearest point the side of the dwelling would be 11 metres from the neighbouring properties. A 45 degree angle taken from the top of the proposed dwelling shows that any overshadowing from the proposal would only impact on the back edge of the rear gardens of these properties. As such, given that, only an obscure glazed bathroom window is proposed on this side elevation, it is not considered that there would be s detrimental impact on the amenities of these neighbouring properties.

Properties to the west of the site would look onto a side elevation at a distance in excess of 13 metres away and across the access road thereby reducing the impacts of the proposal on these neighbour’s amenities.

In terms of the amenities of the potential occupiers of the dwelling, the scheme provides for suitable amenity and parking space to serve the dwelling and the internal layout complies with the requirements of the South Yorkshire Residential Design Guide.

Highway Safety - The proposed dwelling would utilise the existing access which served the garage court. The Council’s Highways Section have inspected the plans and have considered the access suitable and the parking and manoeuvring arrangements within the site adequate to serve one dwelling.

Ecology - The site is a brownfield site that is predominantly hard surfaced and therefore there is little scope for wildlife on the site. There are no trees on the site but there are some mature trees on the boundary. The Council’s Tree Officer has inspected the scheme and commented that the dwelling is situated far enough away from the trees so as not to cause any issues. The proposal would reduce in more ‘greening’ of the site with the introduction of a rear garden area.

Drainage - The Council’s Drainage Section have inspected the plans and have raised no objections to the scheme. They note that there is a combined public sewer in the area and subject to drainage details being conditioned they are satisfied that the site can be appropriately drained.

99 Other issues - Neighbours have raised concerns regarding the impact of the development on their health. The concerns are in particular regard to the construction process. A certain level of noise and disturbance would be expected with any kind of development but it would not be reasonable for a planning application to be refused because of this. A condition can be imposed on any application to ensure the works are carried out during reasonable ‘daytime’ hours but if there are specific concerns raised regarding noise and disturbance then these would be most appropriately dealt with through Environmental Health legislation. Concerns have also been expressed with regards to loss of view but this would not be considered a material planning consideration. There have also been concerns raised that the proposal represents over-development of the site, however, the density of the site equated to only 10 dwellings per hectare which is of lower density than the surrounding area. Neighbours have raised concerns that they would not be able to gain access to the rear of their properties. The applicant has indicated that a right of way down the access will be maintained for properties off Dog Hill. This was part of the agreement for the sale of the site and if the applicant contravenes this then this would be a legal matter rather than planning matter.

Conclusion

Recommendation

Grant subject to:-

2 The development hereby approved shall be carried out strictly in accordance with the amended plans (Nos Plans and Elevations Rev E, Proposed Garage received on 20th June 2013, and Site Plan and Sections Rev B.) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with 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 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.

100

5 The parking/manoeuvring facilities, indicated on the submitted plan including the proposed garage shall be made available for the manoeuvring and parking of motor vehicles prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

6 No development shall take place until:

(a) Full foul and surface water drainage details, including a scheme to reduce surface water run-off rates by 30% 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;

7 No development or other operations being undertaken on site shall take place until the following document has been submitted to and approved in writing by the Local Planning Authority:

Tree protective barrier details Tree protection plan Root protection Areas Arboricultural Method Statement

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.

8 Vehicular and pedestrian gradients within the site shall not exceed 1 in 12. Reason: To ensure safe and adequate access in accordance with CSP 26.

101

9 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the position of boundary treatment to be erected. The boundary treatment shall be completed before the dwelling is occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with Core Strategy Policy CSP 29, Design.

10 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 -Measures to control noise levels during construction Reason: In the interests of highway safety, residential amenity and visual amenity and in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement, and CSP 29, Design.

11 The dwelling 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).The dwelling shall not 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.

12 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no enlargement, improvement or other alteration of the dwellings which would otherwise be permitted by Part 1 of Schedule 2 to that Order shall be carried out without the prior written consent of the Local Planning Authority, and no garages or other outbuildings shall be erected. Reason: To safeguard the amenities of neighbouring residents in accordance with Core Strategy policy CSP 29 Design.

13 The windows on the side elevation of the dwelling shall be obscure glazed prior to the occupation of the dwelling and shall remain as such thereafter. Reason: In the interests of neighbouring amenities in accordance with Core Strategy Policy CSP29.

102

5 1

MILLSIDE WALK 4

18 16

Hawthorne

1 House Shafton 34

7 8 SCEPTONE GROVE

28 1

Litton Walk

2 DOG HILL DRIVE 2

4 26 6 DOG

HILL 12

3 16

2 Ballintava Sycamore Lodge STREET

CHAPEL 6a 2

Rosedene 1

DRIVE

HALL Shafton Methodist 128 126 Church 122 Hopton Farm SHAFTON

124 12O 118

11 2013/0340 – Erection of 1 No. detached bungalow with detached double garage 2 Land to rear of 2 Doghill Drive, Shafton, Barnsley

103

2013/0332 Mr Stefan Parkin Change of use to decontamination of end of life vehicles and recovery of vehicle parts. Unit L12, Bromcliffe Park Industrial Estate, Monk Bretton, Barnsley, S71 5RN

One letter of objection received.

Site Location and Description

Unit L12 is one of a terrace of some 16 small, brick and steel, modern industrial units in the south western corner of the Bromcliffe Park Industrial Estate off Burton Road, Monk Bretton. Larger industrial units lie to the east and north east, whilst the reclaimed Monk Bretton Colliery tip (now greenspace) lies immediately to the south. The units back onto the rear gardens (5-10 metres away) of residential properties off Pinehall Drive, Monk Bretton to the west.

Proposed Development

The industrial unit is currently used for the storage of automotive parts. The applicant is now seeking planning permission to use the premises for the decontamination of end of life vehicles and recovery of vehicle parts.

Single vehicles classed as ‘end of life’ would be delivered to the industrial unit for processing. All vehicle ‘contaminants’ (fuel, brake fluid, hydraulic material, oil, engine coolant etc.) would be removed from the vehicle using specialised equipment. The extracted fluids would then be stored in metal drums (25 litres to 200 litres) within the building for collection and disposal by an authorised specialist contractor.

The vehicle would then be stripped down and any recoverable parts (up to 95%) removed for resale. The body shell and any non-recoverable parts would be removed from site and taken to an approved scrap metal merchant.

Recovered parts are sold over the internet and the vast majority posted out. Occasionally, larger parts are collected by the purchasers.

All operations would take place within the building and there would be no outside storage of vehicles, drums or recovered parts.

Some 3 – 4 vehicles would be recycled per week in this way (one at a time). The equipment utilised would be a 2 post lifting ramp, a fork lift, specialised equipment for the removal of fluids and hand tools.

Vehicular movements associated with the development would be 8 per week for the delivery of vehicles (4 in 4 out) using a delivery truck (a large van - LGV) and 2 per week (1 in 1 out) for the removal/delivery of fluid storage drums. The number of employees would be 3. There would be sufficient parking adjacent to the unit for staff vehicles and the LGV.

The proposed operating hours are 0800 – 1700 Mondays to Saturdays with no working on Sundays and Bank/Public Holidays.

104 Policy Context

Planning decisions should be made in accordance with the development plan unless material considerations indicate otherwise and the National Planning Policy Framework 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 the Joint Waste Plan and saved Unitary Development Plan policies.

The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document, 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.

Barnsley Local Development Framework Adopted Core Strategy (CS)

The CS does not contain policies or text regarding waste and recycling as these issues are covered by the recently adopted Barnsley, Doncaster and Rotherham Joint Waste Plan. General policies relevant to the proposal however, include:

CSP1 – Climate Change – development will be expected to (amongst other matters) reduce and mitigate the impact of growth on the environment and carbon emissions and we will take action to adapt to climate change by giving preference to development of previously developed land in sustainable locations.

CSP3 – Sustainable Drainage Systems – all development will be expected to use Sustainable drainage systems (SuDS).

CSP8 – The Location of Growth – identifies urban Barnsley and a number of principle towns as priority for development.

CSP19 – Protecting Existing Employment Land – refers to existing employment land, or land last used for employment purposes will be retained in order to safeguard existing or potential jobs.

CSP25 – New Development and Sustainable Travel – states that new development will be expected (amongst other matters) to be located and designed to reduce the need to travel, be accessible to public transport and meet the needs of pedestrians and cyclists.

CSP26 – New Development and Highway Improvement – refers to the expectation that development will be designed and built to provide safe, secure and convenient access for all road users.

105 Barnsley, Doncaster and Rotherham Joint Waste Plan (JWP)

Relevant to this application are:

WCS1 – refers to the overall strategy and states that provision will be made to maintain, improve and expand the network of waste management facilities to achieve sustainable waste management across all waste streams. Whilst existing strategic facilities are safeguarded and three sites allocated for new strategic facilities, new or replacement smaller-scale facilities (to deal with municipal, commercial and industrial waste) will be supported where these are required to serve local catchment areas and communities. Waste proposals will be directed towards accessible locations with good transport links, particularly in and around urban areas.

WCS4 – refers to waste management proposals on non-allocated sites and states that they will be permitted provided they demonstrate how they; do not significantly adversely affect the character or amenity of the site or surrounding area; contribute towards the aims of sustainable waste management in line with the waste hierarchy; and do not undermine the provision of waste development on strategic sites. The types of location where waste proposals may be acceptable in principle include existing waste sites and designated employment and industrial areas/sites.

WCS6 – covers general considerations for all waste management proposals (access, highway capacity, noise, dust, drainage, wildlife and habitats etc). Proposals must include sufficient information to demonstrate that they comply with the requirements within the policy.

Barnsley Unitary Development Plan adopted 2000 (UDP)

The site is located within an Employment Proposal Area and the West Green Comprehensive Regeneration Area. Relevant (saved) policies include:

ED4 – refers to proposals for economic development adjoining or close to housing will be assessed with particular regard to the likely impact on residential amenity in terms of a number of potential issues including noise, traffic entering or leaving the site, visual intrusion, outside storage, dust etc.

National Planning Policy Framework (NPPF)

The Framework does not contain specific waste policies, since national waste planning policy will be published as part of the National Waste Management Plan for England.

In respect of this application, relevant general policy statements include:

Building a strong, competitive economy.

 The planning system should support sustainable economic growth.

106 Promoting sustainable transport

 Decisions should ensure that developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised.

Developments should be located and designed to accommodate the efficient delivery of goods and supplies; give priority to pedestrian and cycle movements, and have access to high quality public transport facilities; create safe and secure layouts etc.

Conserving and enhancing the natural environment.

 The planning system should contribute to and enhance the natural and local environment by (amongst other things), preventing new development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution.

 Planning decisions should ensure that new development is appropriate for its location. The effects of pollution on general amenity should be taken into account.

 Local planning authorities should assume that the control of processes or emissions where subject to approval under pollution control regimes will operate effectively.

 Planning decisions should aim to avoid noise from giving rise to significant adverse impacts.

Planning Policy Statement 10 (PPS 10)

PPS 10: Planning for Sustainable Waste Management has not been superseded by the NPPF. The overall objective is to protect human health and the environment by producing less waste and by using it as a resource wherever possible.

The key aim of PPS 10 is to break the link between economic growth and the environmental impact of waste by moving the management of waste up the ‘waste hierarchy’ of prevention, preparing for reuse, recycling, other recovery, and only disposing as a last resort. Applicants for waste disposal facilities should be able to demonstrate that the envisaged facility will not undermine the waste planning strategy through prejudicing movement up the waste hierarchy.

In considering planning applications, waste planning authorities (WPA) should consider the likely impact on the local environment and on amenity.

Waste Strategy for England 2007

The strategy builds on the Waste Strategy 2000 and reiterates the need to apply the waste hierarchy. Most products should be re-used or their materials recycled and encouragement is given to the waste management industry to invest in facilities to recycle and recover waste.

107 Consultations

Environment Agency – No objections.

Yorkshire Water Services Ltd – No objections subject to conditions.

BMBC Drainage – Details submitted are sufficient. No objections.

BMBC Highways – No objections subject to conditions.

BMBC Regulatory Services – No objections subject to conditions.

Representations

The proposal was advertised as a major application on site and in the local press and through neighbour notification letters to 10 residential/industrial properties.

One objection has been received commenting as follows:

 The proposal is basically a scrap/breakers yard and would create more excessive noise including from more delivery vehicles;  There would be odour/pollution from de-greasing solutions and the use of acetylene cutting/grinding equipment;  We cannot be outside for much of the time due to noise, pollution and fumes from the industrial units; and  There is excessive noise at weekends from motor bikes racing up and down.

Assessment

Material Considerations

Principle of development Visual impact Highway safety Other environmental and amenity impacts

Principle of development - It is considered that the proposed use which is akin to an industrial use is compatible with the adjacent industrial development and acceptable within an area designated as an Employment Proposal Area and subsequently developed as such.

The proposal being a very small scale waste management facility contributing towards the aim of sustainable waste management in line with the waste hierarchy and serving a local catchment area on an existing industrial estate, and being within the settlement boundary (urban Barnsley) with good transport links is also considered to comply with CSP1, CSP8, CSP19 and CSP25, WCS1 and WCS4, SD1, GD1 and EMP1, PPS 10 and the Waste Strategy for England 2007.

However, the policy background also makes it clear that in considering planning applications for waste management facilities, waste planning authorities should consider the likely impact on the local environment and on residential amenity, in terms of visual intrusion, traffic and access, drainage and air emissions including dust, odours, noise and vibration.

108 Visual impact - The site forms part of an established industrial estate and would be screened to some extent by the existing boundary fencing. Operations other than loading and unloading would be carried out within the building, accessed from within the industrial estate. Whilst the rear gardens of the nearest residential properties are only 5-10 metres away, activities would not be visible as the gardens face onto the rear elevation of the building. It is considered therefore that there would be no visual intrusion and that policies WCS6, ED4 GD1 and PPS10 in this respect are satisfied.

Highway safety - The level of traffic movements generated by the proposed activities would be modest and are considered by the Council’s Highways Section to be at or around those associated with activities which could be undertaken within a B2 use class. The use of the access by other vehicles to the Industrial Estate would continue regardless of the outcome of this application.

The Council’s Supplementary Planning Document (SPD) – Parking indicates that 4 car parking spaces and 1 Light Goods Vehicle space are required for the proposed development. The applicant has indicated that this is available at the site. Nethertheless, it is considered appropriate to apply a condition in this respect on any grant of planning permission.

It is considered therefore that as the proposed development would not create or add to highway safety problems or the efficiency of the highway for other road users and subject to the imposition of a condition in respect of parking, CSP26, WCS6, ED4, GD1, the relevant statements in the NPPF and PPS10 are satisfied in respect of highway matters.

Other environmental and amenity impacts - In consideration of the nature and location of the proposed development including the hard surfaced access, no significant issues are anticipated in respect of odour, dust, vibration or excessive noise.

The Environment Agency has commented that the site in addition to planning consent would require an Environmental Permit (unless an exemption applies) and that de-pollution of vehicles must take place inside the building. Other conditions stated in the permit would mitigate any impact on the environment more generally. The conditions would cover the day to day management of the site to minimise the risk of pollution, permitted activities, emissions (limits) and monitoring including odour, noise and vibration, record keeping and reporting, notification of any malfunction or breaking of limits, the types of acceptable wastes and quantity etc. It is understood that any serious and continuing breaches of the permit could lead to its withdrawal.

The Council’s Regulatory Services has no objections subject to the hours of operation on a Saturday being restricted to those for the industrial estate as a whole. This can be conditioned.

The Council’s Drainage Section has commented that the submitted proposals with respect to temporary and permanent drainage are sufficient. Yorkshire Water has no objection subject to the imposition of a number of conditions in respect of surface water and storage tanks and informatives in relation to trade effluent.

The local resident’s comments in respect of noise, pollution and fumes relate to the industrial estate as a whole. This application must be considered on its own merits and is not expected to significantly add to any existing environmental issues. The comment relating to excessive noise at weekends from motor bikes is not pertinent to this application.

In view of the above, it is considered that policies CSP3 and CSP40, WCS6, ED4, GD1 and the relevant statements in the NPPF, and PPS10 are satisfied in respect of other environmental and amenity impacts.

109 Recommendation

Grant subject to:-

1 The development hereby permitted shall be begun within 3 years from the date of this permission. Reason: To comply with the requirements of Section 91 (as amended) of the Town and Country Planning Act 1990.

2 The Waste Planning Authority (WPA) shall be notified in writing of the date of commencement at least 7 days, but not more than 14 days, prior to the commencement of the development. Reason: To enable the WPA to monitor compliance with the conditions of the planning permission.

3 The applicant shall be responsible for ensuring that, from the commencement of the development, a copy of this permission, including all plans and documents hereby approved and any plans or documents subsequently approved in accordance with the permission, shall always be available at the site for inspection by the WPA during normal working hours. Reason: To ensure that the development is carried out in accordance with the approved details.

4 The development hereby permitted shall only be carried out in accordance with the following documents, unless amendments are made pursuant to the other conditions below: a) Drawing number L12/1, titled 'Unit L12, Bromcliffe Park Industrial Estate' showing the industrial unit internal layout; b) Drawing titled 'Unit L12, Bromcliffe Park Industrial Estate' showing the application site coloured pink; and c) Planning Statement titled 'Change of Use Summary' as clarified in e-mails from Mr Stefan Parkin dated 23 April 2013, 25 April 2013 and 3 June 2013.

Reason: For the avoidance of doubt and in the interests of local amenity.

5 Working operations within the site including vehicle haulage movements and maintenance shall be limited to the hours between 0800 hours and 1700 hours on Monday to Friday and 0830 hours and 1600 hours on Saturdays, and not at all on Sundays, Bank and Public Holidays. Reason: In the interests of local amenity and to accord with CS policy CSP40, JWP policies WCS4 and WCS6, UDP policy ED4, the relevant statements in the NPPF, and PPS10.

6 The maximum number of end of life vehicles processed at the site shall not exceed 250 per annum. A written record shall be kept by the operator of the number of end of life vehicles processed on a weekly basis. These records shall be made available to the WPA for inspection on request and all such records shall be retained for at least 24 months. Reason: To minimise potential impacts arising from the operation of the site and to protect the amenity of nearby occupiers in accordance with CS policy CSP40, JWP policies WCS4 and WCS6, UDP policy ED4, the relevant statements in the NPPF, and PPS10.

110

7 Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge. Roof drainage shall not be passed through any interceptor. Reason: To ensure the proper drainage of the area and to accord with CS policies CSP3 and CSP40, JWP policy WCS6, the relevant statements in the NPPF, and PPS10.

8 Any liquid storage tanks shall be located within a bund with a capacity of not less than 110% of the largest tank or largest combined volume of connected tanks. Reason: To ensure that there are no discharges to the public sewerage system which may injure the sewer, interfere with free flow or prejudicially affect the treatment and disposal of its contents and to accord with CS policies CSP3 and CSP40, JWP policy WCS6, the relevant statements in the NPPF, and PPS10.

9 No development shall commence until a plan indicating facilities for the parking of 4 cars and 1 Light Goods Vehicle and manoeuvring/turning of vehicles has been submitted to, and approved in writing by, the WPA, and such facilities shall be provided prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: In the interests of road safety and to accord with CS policy CSP26, JWP policy WCS6, the relevant statements in the NPPF and SPD - Parking.

10 Decontamination of end of life vehicles and the recovery of vehicle parts shall only take place within the building shown on the approved drawing, L12/1 and only one vehicle shall be processed at any one time. The adjacent yard and shared access shall be used solely for the delivery and export of end of life vehicles and their contaminants in drums and vehicle parts. There shall be no outside storage or other operations of any description. Reason: In the interests of local amenity and to accord with CS policy CSP40, JWP policies WCS4 and WCS6, UDP policy ED4, the relevant statements in the NPPF, and PPS10.

11 In the event that the use of the site for the decontamination of end of life vehicles and the recovery of vehicle parts should cease for a period in excess of three months, then, within one month of a written request from the WPA, the site shall be cleared of all stored vehicle parts and end of life vehicles. Reason: To provide for the beneficial use and appearance of the land after the use hereby permitted has ceased.

111 307

Burton Road Business Park

80 70.7m Unit F

78 Shelter 295 283

El Sub Sta Unit E

76 45 PINEHALL DRIVE70

2 33

58 74

PINEHALL DRIVE

LOWLANDS CLOSE 1 Unit H2 72

25 6

LARCHFIELD PLACE 23a El

2 Sub Sta 42

21 38

32 OAKLANDS

AVENUE

2 4

Path (um)

2013/0332 – Change of use to decontamination of end of life vehicles and recovery of vehicle

parts, Unit L12, Bromcliffe Park Industrial Estate, Monk Bretton, Barnsley

112

2011/1248 Mr R Skelton, DTS Environmental Ltd. Variation of Condition 3 of planning permission 2007/1365 – extension of time limit to complete work on the site Carlton Colliery Site, Shaw Lane, Barnsley

4 letters of objection have been received from local residents. One has made a request to speak at the Planning Regulatory Board meeting.

Introduction

This report was first presented to the Planning Regulatory Board on the 23 October 2012. The Board resolved to defer the application due to concerns regarding the failure to test the materials deposited on the site to date.

The site has recently been sold by the applicant. The new owner has signalled his intention to complete the reclamation scheme as proposed by the previous owner, and to this end, has recently submitted test results on the materials deposited to date in consultation with the Council’s Contaminated Land Officer who has confirmed that there is currently no cause for any concern. It is also understood that the new owner is now taking steps to tidy the site pending the outcome of this planning application and to liaise with local residents on his plans.

Background

Planning permission (reference 2007/1365) was granted on the 1 October 2008 for the ‘Restoration of former colliery site by raising land using imported materials’ for the former Carlton Colliery site off Shaw Lane, Carlton.

It was intended to reclaim the site for possible future development, through the removal (levelling) of heaped red shale/colliery spoil on the site and the importation of soil material (engineering fill) spread to a depth of 250mm to remove any undulations and level the site, before capping with imported clays to a depth of 1.3 metres to seal contaminated colliery spoil. The site was to be finished with 300mm of subsoil overlain with 150mm of topsoil to give an overall depth of 2 metres. As there was no top soil available on site, it was intended to mix nutrients such as compost to the clay based sub soil to create a ‘top soil’.

During the first phase, a clay lined, landscaped pond was to be constructed in the north eastern corner of the site together with a 3 metre high bund to screen the development from the residential properties on Shaw Lane. An additional bund was proposed along the western boundary of the site.

The importation of materials was to amount to some 110,000 cubic metres and could in theory be completed within 12 months. However, owing to the availability of contracts and the period of activity on site, the applicant considered that the site would take up to 3 years to fill.

On completion of infilling, the site would be grass seeded and the periphery of the site tree planted (approximately 3.5 hectares). Any future development proposals would be the subject of a further planning application.

The permission was subject to 32 planning conditions including condition 3 which required that ‘Unless otherwise agreed in writing by the Waste Planning Authority (WPA), and with the exception of landscaping and aftercare, the development hereby permitted shall have a duration of 3 years from the date of commencement’.

113

Whilst the development did commence, it remains substantially incomplete.

Two further temporary planning permissions were subsequently granted for the site:

 2009/0025 - Formation of storage area for up to 36 skips - expired 4 June 2010; and  2009/1353 - Removal off site of red shale/ash heap - expired 7 April 2011.

Site Location and Description

The application site is the former Carlton Colliery and coking works. The site of some 8 hectares is located to the south of Shaw Lane and adjacent to the Trans Pennine Trail and a railway line which form the eastern boundary. To the west lies the site of Manor Bakeries, while to the south is woodland and agricultural land. Agricultural land is also present to the north of Shaw Lane.

Access to the site is off Shaw Lane, via the former colliery access road.

The nearest residential properties lie off Shaw Lane, approximately 80 metres to the east of the site access road, and 125 metres to the north of the main site. A small sewage works lies close to the residential properties.

Prior to the commencement of the above development, all of the former site buildings had been demolished, leaving the area covered in burnt red shale, colliery spoil and concrete bases and tracks, although much of the site had naturally regenerated with scrub vegetation. A fairly large quantity of waste material had been deposited along the southern boundary of the site without the benefit of planning consent.

A detailed site investigation undertaken in April 2006 had revealed generally low level contamination.

Proposed Development

The development permitted by planning reference 2007/1365 commenced on 27th May 2009 and therefore expired on the 26th May 2012.

The reason given for the failure to complete the development is the depth of the recession and the length of time in the downturn of the economy and projected growth over the next two years. The applicant states that their business in recycling and the remediation of land has reduced by 60% over the period since the remediation strategy was prepared and the planning application submitted in 2007.

Policy Context

114 Barnsley Local Development Framework Adopted Core Strategy (CS)

The CS does not contain policies or text regarding waste and recycling as these issues are covered by the recently adopted Barnsley, Doncaster and Rotherham Joint Waste Plan. Relevant Mineral and general policies however, include:

CSP19 - Protecting Existing Employment Land - refers to existing employment land, or land last used for employment purposes will be retained in order to safeguard existing or potential jobs.

CSP26 – New Development and Highway Improvement - states that new development will be expected to be designed and built to provide safe, secure and convenient access for all road users and refers to the need for developers to take mitigating action or to make a financial contribution to make sure that any necessary improvements go ahead.

CSP38 - Minerals - supports amongst other matters proposals for the recovery of material from mineral waste tips and land reclamation schemes and high quality and appropriate reclamation and after use within a reasonable timescale.

CSP39 - Contaminated and Unstable Land - refers to the need to set out detailed measures to allow development to go ahead safely where future users or occupiers of a development would be affected by contamination. Where measures are needed, these will be required as a condition of any planning permission.

Barnsley, Doncaster and Rotherham Joint Waste Plan (JWP)

The JWP (a Development Plan Document) was adopted in March 2012 and contains seven policies. Relevant to this application are:

WCS1 - refers to the overall strategy for achieving sustainable waste management and amongst other matters states that proposals for new facilities utilising construction, demolition and excavation waste will be assessed on a case by case basis. Proposals for additional landfill capacity must demonstrate why it is required. Priority will be given to waste proposals which maximise the reuse of vacant or underused brownfield land, particularly within established employment areas.

WCS4 - refers to waste management proposals on non allocated sites and states that they will be permitted provided they demonstrate how they do not significantly adversely affect the character or amenity of the site or surrounding area and contribute towards the aims of sustainable waste management in line with the waste hierarchy. Priority again is given to the reuse of vacant or underused brownfield land and proposals should facilitate quicker and better quality reclamation. The types of location where waste proposals may be acceptable include mineral workings.

WCS6 - covers general considerations for all waste management proposals (access, highway capacity, noise, dust, wildlife and habitats etc). Proposals must include sufficient information to demonstrate that they comply with the requirements within the policy.

115 Barnsley Unitary Development Plan adopted 2000 (UDP)

The site is currently allocated as a Site for Expansion of Existing Firm in the UDP. Relevant (saved) policies include:

ED11 – refers to the site as being suitable for the expansion of existing firms (in this case, Manor Bakeries), but not capable of independent development because of access and other constraints.

National Planning Policy Framework (NPPF)

The NPPF 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.

In respect of this application, relevant planning policy statements include:

 The planning system should contribute to and enhance the natural and local environment by remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate;  The effects of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account;  Decisions should ensure that the site is suitable for its new use and after remediation, as a minimum, land should not be capable of being determined as contaminated;  Decisions should aim to mitigate and reduce to a minimum adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions; and  Local planning authorities should provide for restoration and aftercare (in respect of mineral sites) at the earliest opportunity to be carried out to high environmental standards, through the application of appropriate conditions, where necessary.

Planning Policy Statement 10 (PPS 10)

PPS 10: Planning for Sustainable Waste Management, has not been superseded by the NPPF. It outlines the role of planning in the development of strategies for waste management and in providing sufficient opportunities for new waste management facilities of the right type in the right place, at the right time, to help in implementing the national waste strategy and supporting targets. The overall objective is to protect human health and the environment by producing less waste and by using it as a resource wherever possible.

116 In considering planning applications, waste planning authorities (WPA) should consider the likely impact on the local environment and on amenity but communities should take more responsibility for their own waste and it should be disposed of in one of the nearest appropriate installations.

Waste Strategy for England 2007

Consultations

Environment Agency - No objection subject to informatives.

Coal Authority - No objection.

Yorkshire Water Services – No comments.

BMBC Regulatory Services - No adverse comments.

BMBC Regulatory Services (Contaminated Land) - Originally advised that the key requirement was to ensure that the imported waste material is uncontaminated and suitable for use and that a validation report is submitted to certify the remediation works. They have now confirmed, following the testing of the deposited materials by the new owner that there is no cause for concern.

BMBC Environmental Services (Traffic) - No objections.

BMBC Biodiversity - No objection to the proposed variation.

South Yorkshire Mining Advisory Service - Comment that they have reviewed the applicant’s topographical survey dated 5 September 2011 and the imported material volumes calculated therein and that the volumes indicated broadly agree with the approximate calculation made by the Service in May 2010.

Representations

The proposal was advertised by way of a site notice, the local press and neighbour notification letters sent to a number of local residents and businesses.

Four letters of objection have been received from local residents (prior to the sale of the site) raising a number of comments and concerns which are summarised as follows:

 The applicant has not complied with the conditions of his planning consent including working outside of the permitted hours, especially at weekends. The site has become a dumping ground for the applicant’s skip business. Considered that the previous application was a fabrication/ruse to obtain further capacity (extension of yard) for the existing waste business;  Illegal/inappropriate materials have both been imported into (and buried) and exported from the site. Three quarters of the material now on the site is not suitable for restoration purposes and should be removed;  The site is contaminated and operations create a large amount of dust;  Toxic red shale has been removed from the site and used on car parks and walk ways at golf courses;  Heavy traffic and lack of a wheel washer resulting in debris on the highway;

117  The applicant has neither the will nor the capacity to complete the site which he is now trying to sell on. The current application is not to provide time to tidy and landscape the site but to give the applicant the opportunity to sell on with dumping permission. He has no intention of completing the work;  The applicant has created an unsafe eyesore and environmental damage has been done; and  Off road biking and use of the site by quads and 4x4s is taking place on the site with the owner’s consent.

Assessment

Material Considerations

Principle of development Other issues

Principle of development - The policy background in relation to this application, despite the adoption of the CS and the JWP and the introduction of the NPPF remains much the same as at the time when planning permission 2007/1365 was granted in October 2008. The applicant states that he intends to import waste materials and clay to seal the contaminants on site, preventing them from reaching the surface through capillary action and by so doing, improve and prepare the site for possible future use/development. It is considered that in the circumstances, the waste materials are being reused (i.e. as a resource) to address an existing constraint on the potential future use of the land.

In reusing local waste materials and encapsulating contamination, the proposal complies with the JWP policies WCS1 and WCS4, PPS 10 and the Waste Strategy for England 2007 as outlined above. In particular it supports the waste planning strategy by assisting movement ‘up the waste hierarchy’. Most products should be reused or recycled; waste management simply in the form of disposal is regarded as a last resort.

In treating contaminated, derelict (brownfield), potential development land, the proposal also complies with CS policies CSP19 and CSP39, JWP policies WCS1 and WCS4, UDP policy ED11 and the NPPF. The proposal is also compatible with the DSAP proposed allocation and policy GT2

Similarly subject to compliance with suggested conditions, the proposal remains acceptable in respect of its potential environmental impacts in terms of visual amenity, highways, drainage, dust and noise, and biodiversity since circumstances have not changed and no objections have been received from consultees. The proposal therefore in environmental respects complies with CS policies CSP26 and CSP40, JWP policy WCS6 and the NPPF and PPS 10, and subject to the development being carried out strictly in accordance with the approved plans and documents and conditions of the previous planning permission, the development remains a sound proposition.

Other issues - The Council’s Contaminated Land Officer had expressed concern that the applicant has not complied with the approved remediation strategy in that he had not provided any soil sample results from the materials imported to date with the exception of a few unacceptable tests. As a result, he questioned whether the Council should be allowing the operation to continue in this way. As indicated above, the new owner has now tested the materials and shown that they are satisfactory. Any unsuitable materials discovered during the progression of the works would be removed from the site.

118 Local residents also allege that the applicant had not complied with the conditions of his various planning consents creating an unsafe eyesore and questioned whether he had any intention of completing the work in accordance with the planning permission as inappropriate materials had been imported to the site.

These comments relate to the previous owner of the site. An examination of the track record relating to the site from pre-planning consent for the remediation works up to the sale of the site reveals the following:

 There is a history of complaints relating to the site;  Development/operations being carried out without the benefit of planning consent;  Authorised development has not been strictly carried out in accordance with the various planning consents pertaining to the site; and  The Council has found it expedient to take formal action through the serving of a temporary stop notice and enforcement notices.

In mitigation for the above, the applicant stated the following:

 The economic downturn has resulted in less material becoming available for the proposed reclamation;  Certain works could not be undertaken during the bird nesting season;  There has been a shortage of space for the storage of waste materials and skips at the applicant’s Boulder Bridge premises; and  The granting of planning permission for the removal from site of the red shale and ash resulted in them being unable to immediately comply with the proposed reclamation methodology.

However, even accepting that there may have been some mitigating circumstances, it did not condone the carrying out of unauthorised development and failure to comply with planning conditions.

However, there is no policy support for a refusal based on track record. Furthermore, a refusal would potentially leave the site in a worse condition that before the development commenced (even though a revised restoration scheme could be sought)

It is considered therefore that granting a further planning permission would be the preferred option but over a more limited timescale than requested (say 2 years) to comply with policy and in view of the very limited progress over the previous 3 years.

Recommendation

Grant subject to:-

1 With the exception of landscaping and aftercare, the development hereby permitted shall have a duration of 2 years from the date of this decision. Reason: To ensure that the development is carried out in an appropriate timescale in accordance with CS policy CSP38 and JWP policy WCS4.

2 No operations shall be carried out until the requirements of condition 25 below have been fully met to the satisfaction of the WPA. Reason: To protect the environment and ensure that the site is remediated in accordance with the approved strategy and is suitable for the proposed use and in accordance with CS policy CSP39.

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3 The applicant shall be responsible for ensuring that, a copy of this permission, including all plans and documents hereby approved and any plans or documents subsequently approved in accordance with the permission, shall always be available at the site for inspection by the WPA during normal working hours. Reason: To ensure that the development is carried out in accordance with the approved details.

4 The development hereby permitted shall only be carried out in accordance with the following documents approved under planning permission 2007/1365, unless amendments are made pursuant to the other conditions below: a) Drawing number DTS/CC/2006/REST 03 - Restoration Scheme - showing the red line application boundary - dated August 2006, and received by the WPA on 21 December 2007; b) Drawing number DTS/CC/2006 01A - Former Carlton Colliery - Topographical Survey Showing Pond Areas - dated March 2008, and received by the WPA on 3 March 2008; c) Drawing number DTS/CC/2006/DUST 01 - Remediation Strategy - Dust Plan - dated August 2006, and received by the WPA on 6 September 2007; d) Drawing number DTS/CC/2006/SC 02 - Remediation Strategy - Spontaneous Combustion Plan - dated August 2006, and received by the WPA on 19 September 2007; e) Drawing number DTS/CC/2007 02B as amended by 2007/1365/01 Rev A - Remediation Strategy - Site Office and Parking Locations and Pass-by Positions - dated November 2008, and received by the WPA on 7 January 2009, subject to the limitations expressed in the Council's letters of 22 January and 5 March 2009; f) Drawing number DTS/CC/2007 02C - Remediation Strategy - Noise Monitoring Positions - dated November 2006, and received by the WPA on 6 September 2007; g) Drawing number DTS/CC/2007/REST 03B - Remediation Strategy - Restoration Scheme - dated March 2008, and received by the WPA on 3 March 2008; h) Drawing number DTS/CC/2006/REST 04 - Remediation Strategy - Restoration Phasing Plan - dated November 2006, and received by the WPA on 6 September 2007; i) Drawing number DTS/CC/2006/REST 06 - Remediation Strategy - Restoration Cross Sections - dated November 2006, and received by the WPA on 15 June 2007; j) Drawing number DTS/CC/2006/REST/07 - Remediation Strategy - Restoration Cross Sections - dated November 2006, and received by the WPA on 15 June 2007; k) Drawing number DTS/CC/2007/REST/08 - Remediation Strategy - Screening Bund Construction – dated May 2007, and received by the WPA on 19 September 2007; l) Drawing number DTS/CC/2007 11 – Proposed Restoration – Proposed Passbye Position – dated September 2007, and received by the WPA on 19 September 2007; m) Statement to Accompany A Planning Application for the Remediation of the former Carlton Colliery, produced by Fennell, Green and Bates and dated August, 2007, received by the WPA on 19 September 2007; n) Restoration Landscaping Proposals, produced by Fennell, Green & Bates and dated August 2007, received by the WPA on 6 September 2007; o) Drawing number DTS/B/292/1b – Landscape Details – dated May 2010, and received by the WPA on 28 June 2010; p) Drawing number 2007/1365/02 – Drainage Pond Details – dated December 2008; q) Spontaneous Combustion Report for the site known as Carlton Colliery, prepared by Cromwell Wood Estate Company Limited and dated August 2007, received by the WPA on 6 September 2007; r) Dust Report for the Site Known as Carlton Colliery, prepared by Cromwell Wood Estate Company Limited and dated March 2006;

120 s) Dust Action Plan, November 2008, Revision A – April 2009; t) Assessment of Environmental Noise for DTS by Vibrock Limited, report number R07.5216/1/PC dated 22 October 2007; u) Noise monitoring Procedure Scheme by Vibrock Limited, scheme number SCH09.5921/1/TJW, dated 01.05.09; v) Site Investigation report prepared by Cromwell Wood Estate Company and dated April 2006; and w) Letter dated 6 May 2009 from Mr J Carlon to Mr J Scott and attached Remediation Strategy for Former Carlton Colliery, Revision 3 – April 2009. Reason: For the avoidance of doubt and in the interests of local amenity.

5 Working operations within the site including vehicle haulage movements and maintenance shall be limited to the hours between 0800 hours and 1800 hours on Monday to Friday and 0800 hours and 1300 hours on Saturdays, and not at all on Sundays, Bank and Public Holidays. Reason: In the interests of local amenity.

6 The maximum amount of inert materials accepted at the site shall not exceed 110,000 cubic metres less the volume of material imported and retained under planning permission 2007/1365. A written record shall be kept by the operator of the amounts and type of material accepted on a daily basis. These records shall be made available to the WPA for inspection on request and all such records shall be retained for at least 2 years. Reason: To minimise potential impacts arising from the operation of the site and to protect the amenity of nearby occupiers and to accord with CS policy CSP40 and JWP policy WCS6.

7 The number of HGV vehicles entering the site shall not exceed 20 vehicles per day. A record shall be kept by the operator of the number of HGV movements into the site on a daily basis. These records shall be made available to the WPA for inspection on request and all such records shall be retained for at least 2 years. Reason: To minimise potential impacts arising from the operation of the site and to protect the amenity of nearby occupiers and to accord with CS policy CSP40 and JWP policy WCS6.

8 On-site vehicular areas shall be hard surfaced and drained in accordance with approved plan 2007/1365 - 04 and retained for the duration of the development. Reason: To prevent mud/debris from being deposited on the public highway in the interests of highway safety and to accord with CS policy CSP40 and JWP policy WCS6.

9 The parking and manoeuvring facilities and passing bay shown on the approved plan 2007/1365/01 Rev A - Remediation Strategy - Site Office and Parking Locations and Pass-by Positions, shall be retained for that sole purpose at all times. Reason: In the interests of highway safety.

10 Vehicle wheel cleaning facilities as specified on drawing number 2007/1365/03 approved under planning permission 2007/1365 shall be provided and maintained in the approved position for the duration of the development and shall be used by all vehicles prior to exiting the site. Notwithstanding such arrangements, should any material nevertheless be accidentally deposited on the public highway, the operator shall immediately remove such material. Reason: In the interests of highway safety and to accord with CS policy CSP40 and JWP policy WCS6.

121 11 Operations associated with the development, excluding topsoil and subsoil stripping, shall be controlled such that the free field equivalent continuous noise level (Laeq 1hr) shall not exceed 55dB(A) or 10dB(A) (Laeq 1hr) above the background noise levels whichever is lower, as recorded at the boundary of any inhabited property. Reason: To protect the amenity of the area with regard to noise and to accord with CS policy CSP40 and JWP policy WCS6.

12 Any topsoil and subsoil stripping shall not exceed 70dB(A) (Laeq 1hr) as recorded at the boundary of any inhabited property, and be limited to a period not exceeding 8 weeks at any property. Reason: To protect the amenity of the area with regard to noise and to accord with CS policy CSP40 and JWP policy WCS6.

13 All vehicles used on site shall not exceed a sound pressure level of 80dB(A) as measured at a distance of 10 metres, 1.2 metres above ground level, under free field conditions or comply with the standards in BS 5228 Noise on Construction and Open Sites Part 1 1984, whichever level is lower. Reason: To protect the amenity of the area with regard to noise and to accord with CS policy CSP40 and JWP policy WCS6.

14 The monitoring of mobile plant shall be undertaken in accordance with the approved scheme, number SCH09.5921/1/TJW prepared by Vibrock Limited. Any mobile plant that does not meet with the specified noise limit shall be suspended from use on site until the specified noise limit can be shown to be achieved. Reason: To protect the amenity of the area with regard to noise and to accord with CS policy CSP40 and JWP policy WCS6.

15 All mobile plant shall be fitted with white noise vehicle reversing alarms. Reason: To protect the amenity of the area with regard to noise and to accord with CS policy CSP40 and JWP policy WCS6.

16 All operations on site shall be carried out in complete accordance with the approved Dust Action Plan, November 2008, Revision A - April 2009. When, due to site conditions the prevention of undue dust impact is considered to be impracticable by the WPA, operations shall cease until such time as conditions improve such as to permit a resumption. Reason: To protect the amenity of the area with regard to dust and to accord with CS policy CSP40 and JWP policy WCS6.

17 Any equipment used to monitor dust shall be installed, used and maintained for the duration of the development. Dust monitoring and meteorology records shall be made available to the WPA for inspection on request. Reason: To protect the amenity of the area with regard to dust and to accord with CS policy CSP40 and JWP policy WCS6.

18 Measures shall be employed to ensure that dust emissions from the site are controlled and fugitive dust prevented from leaving the site. These measures shall include but not necessarily be limited to the following: a) The use of adequate and working water suppression (hoses/sprinklers/water bowsers etc.) which shall be available for use, and utilised at all times when dust generating materials are being handled on site. Any materials likely to cause dust shall be effectively dampened prior to being handled; b) All vehicles transporting waste materials entering and leaving the site shall be securely sheeted; c) The effective maintenance of the access road;

122 d) Any vehicles permanently stationed at the site shall be equipped with upward pointing exhausts; and e) The suspension of the movement of the subsoil materials during adverse dry windy conditions. Reason: To protect local amenity, and to safeguard the occupants of nearby dwellings from the effects of dust and to accord with CS policy CSP40 and JWP policy WCS6.

19 Deposited material shall be compacted in layers not greater that 200mm. Reason: To allow for a high level of air exclusion in the interests of reducing the risk of underground fires.

20 The screening bunds shown on approved drawings (numbers DTS/CC/2007/REST 08 - Screening Bund Construction and DTS/CC/2007/REST/03B - Restoration Scheme), shall not exceed 3 metres in height and the slopes shall be no greater than 1 in 3. Reason: In the interests of visual amenity and maintenance of the bunds.

21 Any soakaways or lagoons constructed as a means of storm/surface water disposal or storage shall not be constructed within 10 metres of the railway boundary or at any point which could adversely affect the stability of railway infrastructure. Reason: To maintain the integrity of the existing drainage systems and prevent flooding of railway infrastructure or land.

22 Any cranes and jibbed machines, used in connection with the development, shall be so positioned that the jib or suspended load does not swing over railway infrastructure or within 3 metres of the nearest rail track if the boundary is closer than 3 metres. Reason: In the interests of maintaining the safety of railway operations.

23 Within 6 months of the date of this permission, details of the composition of the top soil shall be submitted to and approved in writing by the WPA. Top soiling shall thereafter be carried out in accordance with the approved details. Reason: In the interests of the proper reclamation of the site.

24 The development shall be carried out in full accordance with the approved Remediation Strategy, Revision 3 - April 2009. Interim validation reports shall be submitted to, and approved in writing by, the WPA on a 6 monthly basis. The reports shall include but not be limited to, information on the type of material imported, its origin, sample analyses (as indicated in level 2 compliance point 8.13 of the approved Remediation Strategy) and WAC analyses to categorise the waste. Reason: To protect the environment and ensure that the site is remediated suitable for the proposed use and in accordance with CS policy CSP39.

25 An interim validation report in accordance with condition 24 above shall be submitted to, and agreed in writing by, the WPA within 3 months of the date of this permission to assess all waste material imported to date. Any waste material imported to date deemed by the WPA to be unsuitable for the reclamation of the site shall be removed within 6 months of the date of this permission. Reason: To protect the environment and ensure that the site is remediated in accordance with the approved strategy and is suitable for the proposed use and in accordance with CS policy CSP39.

123 26 Landscaping of the site shall be carried out in accordance with the approved plan number DTS/B/292/1b. All planting and seeding as approved shall be carried out in the first available planting and seeding season. Any trees or shrubs planted as part of the scheme which are removed or, in the opinion of the WPA, become severely damaged or are found to be dying or seriously diseased within five years of planting shall be replaced within the next available planting season with trees or shrubs of a similar size and species to the satisfaction of the WPA. Reason: For the avoidance of doubt and to ensure that landscaping is implemented and maintained in the interests of visual amenity and to accord with CS policy CSP38 and JWP policy WCS6.

27 In the event of any failure to achieve the approved restoration levels within the timescale pursuant to condition No. 1 above, within 3 months of the date of the expiry of the permission, an amended scheme of reclamation shall be submitted to, and approved in writing by the WPA. The scheme shall include, but not be limited to:

a) Details of final levels; b) Surface treatment; c) Drainage; d) Landscaping including maintenance for a period of 5 years; and e) The timescale for implementation.

Once approved the scheme shall be fully completed in accordance with the approved details, including timescale. Reason: In the interest of the proper reclamation of the site and to accord with CS policy CSP38 and JWP policy WCS6.

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Once again

2011/1248 – Variation of condition 3 of application 2007/1365 – extension of time limit to complete work on site

Carlton Colliery Site, Shaw Lane, Carlton, Barnsley

125 BARNSLEY METROPOLITAN BOROUGH COUNCIL

PLANNING APPEALS

1st June to 30th June, 2013

APPEALS RECEIVED

The following appeals have been received during this month

Reference Details Method of Committee/Delegated Appeal

2012/0689 Erection of 1 No. 50Kw wind turbine Written Committee (25m to hub and 34.5m to blade tip) Representation 21/11/2012 Land at Broadstone Reservoir, Browns Edge Road, Hepworth, Huddersfield

2013/0095 Erection of a single storey extension Written Delegated to western side of dwelling, 2 New Representation 22/03/2013 Lodge Farm Court, Oxspring Road, Cubley, Sheffield

2013/0296 Erection of single storey rear Written Delegated extension to dwelling Representation 14/05/2013 3 Wellhouse Grange, Halifax Road, Penistone, Sheffield

2013/0356 Erection of 1 No. detached dwelling Written Delegated and garage alterations to access and Representation 07/06/2013 provision of parking space to existing dwelling 5 Carr Head Road, Wortley, Sheffield

APPEALS WITHDRAWN

There were no appeals withdrawn during the month of June.

There were no appeals decided during the month of June.

0 Appeals decided since April 2013 0 Appeals allowed since April 2013

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