Member Guidance Note Planning Committee Protocol Items for Decision Chair’s Introduction Pre-committee Amendment (if any) Officer Presentation Questions to Officers (if no speakers) Speakers (if any) – Opposition first, then Supporter, max 5 mins each, Questions to Speakers (Members to question speakers about issues raised in their presentation) Further Questions to Officers (if any) Movement of Officer Recommendation (Proposer and Seconder required) Vote for Officer Recommendation (Members must show their vote by clearly raising their hands in the air). Proposer & Seconder for Amendment if not accepting Officer Recommendation Movement of Amendment (ie overturn, deferral etc) (Proposer and Seconder required) Vote for Amendment (Members must show their vote by clearly raising their hands in the air) Reasons for Amendment (Members must give clear and precise material planning reasons for refusal, grant or deferral) DONCASTER METROPOLITAN BOROUGH COUNCIL
Agenda Item No Date 15th December 2009
To the Chair and Members of the PLANNING COMMITTEE
PLANNING APPLICATIONS PROCESSING SYSTEM
Purpose of the Report
1. A schedule of planning applications for consideration by Members is attached.
2. Each application comprises an individual report and recommendation to assist the determination process.
Human Rights Implications
Member should take account of and protect the rights of individuals affected when making decisions on planning applications. In general Members should consider:-
1. Whether the activity for which consent is sought interferes with any Convention rights.
2. Whether the interference pursues a legitimate aim, such as economic well being or the rights of others to enjoy their property.
3. Whether restriction on one is proportionate to the benefit of the other.
Andy Gutherson Assistant Director of Development and Planning Directorate of Development and Planning
Contact Officers: Mr M Roberts (Tel: 734897), Mr G Stent (Tel: 734994) and Mrs D Holgate (Tel: 734925)
Background Papers: Planning Application reports refer to relevant background papers Summary List of Planning Committee Applications (5)
NOTE:- Applications are in NUMERICAL order except those deferred from previous meetings for a Site Visit which are marked 'SV' and appear first and Major Proposals which are marked ‘M’.
Schedule Application No Ward Parish No
1. M 08/02695/FULA Sprotbrough Hampole And Skelbrooke Parish Meeting
2. 09/00391/OUT Edenthorpe, Kirk Sandall Edenthorpe Parish Council And Barnby Dun
3. 09/02092/FUL Torne Valley Tickhill Parish Council
4. 09/02674/3FUL Adwick
5. 09/01746/FUL Bessacarr And Cantley Schedule No: 1.
Application No: 08/02695/FULA
Ward Sprotbrough Parish Hampole And Skelbrooke Parish Meeting
Proposal Erection of 4 wind turbines, associated infrastructure and services on approx 482 ha of land
Location Land West Of A1, South Of A638 Wakefield Road, Hampole, Doncaster, South Yorkshire
Applicant Npower Renewables Ltd
Agent
Date of Valid Application: 11th September 2008
** APPLICATION PREVIOUSLY CONSIDERED BY PLANNING COMMITTEE**
THE ABOVE APPLICATION WAS CONSIDERED BY THE PLANNING COMMITTEE ON 24TH NOVEMBER AND WAS DEFERRED FOR ANOTHER MEETING
Following deferral of the application from the Planning Committee on 24th November, the applicants have decided to remove turbine number 5 from the proposal. The application before Members is now for 4 wind turbines and associated infrastructure including an anemometer.
Turbine number 5 is the most southerly sited turbine and the one closest to Windy Mount and the villages of Pickburn and Brodsworth. Although the impact of the proposed 5 turbines on Brodsworth Hall and Brodsworth Conservation Area is deemed to be acceptable, the removal of turbine number 5 significantly reduces the impact that this structure may have on the listed building and Conservation Area.
Windy Mount is the closest residential property to the wind farm and the one most affected by the proposal in terms of the visual impact of turbine number 5. Removal of turbine 5 significantly reduces the visual impact that the wind farm will have on the occupants of Windy Mount. The next closest turbine from Windy Mount is number 4 and this is approximately 600m away and will be significantly screened by existing agricultural buildings. It is therefore considered that the visual impact of the proposal on Windy Mount is acceptable.
All other issues including noise, ecology and highways safety are acceptable. It is therefore firmly recommended that Members grant planning permission for the revised scheme.
======THE ABOVE APPLICATION WAS DUE TO BE CONSIDERED BY PLANNING COMMITTEE ON 13TH OCTOBER 2009 AND WAS DEFERRED TO ALLOW OFFICERS TIME TO ADDRESS THE ISSUES RAISED BY OBJECTORS IN THE TECHNICAL BRIEFING
MAIN POINTS OF REPORT
* The application is being presented to Committee because it is of significant public interest and is a departure from the development plan.
* The proposal involves five wind turbines measuring a maximum of 125 metres to blade tip height.
* The proposed site is designated in Doncaster's Adopted Unitary Development Plan (UDP) as Green Belt and as an Area of Special Landscape Value.
* Hampole Wood, which is completely contained within the site boundary, is identified as a Site of Regional/Local Importance for Nature Conservation in the UDP.
* The site is surrounded by the villages of Hampole, Brodsworth and Hooton Pagnell. The last two of these villages contain designated Conservation Areas, while Brodsworth Hall, a Grade 1 Listed Building (including a nationally designated Park and Garden of Special Historic Interest) lies to the south of the site. To the east of the site the areas of Skellow and Woodlands also contain designated Conservation Areas.
* Government policies strongly support the need for renewable energy resources to combat climate change and Government guidance indicates that considerable weight should be given to the wider benefits of renewable energy.
* The Regional Spatial Strategy (which is part of the statutory development plan) requires local authorities to meet specific targets for renewable energy by 2010 - Doncaster currently has two sites with planning permission for a total of 26 turbines.
* A recently published (March 2007) Landscape Character and Capacity Assessment, which will form part of the Doncaster Local Development Framework Evidence Base, indicates that the proposed site is within an area with Moderate Landscape Capacity for wind farms (there is no area of Doncaster which has been assessed as having High Landscape Capacity for wind farms - areas of Moderate Capacity therefore have the greatest landscape capacity for wind farms in Doncaster.)
* Government guidance indicates that wind farms are not necessarily incompatible with the objectives of Green Belt designation, nor with local landscape and nature conservation designations.
* There are some 1200 letters of objection from local residents and a petition signed by some 300 people, objecting to the proposal.
* Over 500 letters of support for the development have been submitted. RECOMMENDATION - PLANNING PERMISSION BE GRANTED
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
UDP Policies
SPU2 and PU3 - Renewable Energy SENV 5 - Conserving the Wildlife Resource ENV 41 - Sites of Regional/Local Importance for Nature Conservation SENV 1 - Protecting the Countryside ENV 3 - Green Belt SENV3 - Conserving the Landscape ENV 17 - Areas of Special Landscape Value SENV 4 - Conserving the Built Heritage ENV 25 - Conservation Areas ENV 34 - Listed Buildings ENV 20 - Parks and Gardens of Special or Local Historic Interest ENV 65 - Pollution (including noise) ST 6 - Public Rights of Way
RSS Policies ENV5: Energy YH2: Climate Change and Resource Use
Other material considerations Government guidance Planning Policy Statement 1: Delivering Sustainable Development Supplement to PPS1: Planning and Climate Change - December 2007 Planning Policy Statement 7 - Sustainable Development in Rural Areas Planning Policy Guidance 15 - Planning and the Historic Environment Planning Policy Statement 22: Renewable Energy Planning for Renewable Energy: A Companion Guide to PPS22 Energy White Paper: Meeting the Energy Challenge - May 2007 The Energy Challenge: Energy Review Report 2006 Doncaster Borough Landscape Character and Capacity Assessment - March 2007 Wind Energy and the Historic Environment 2. For the following reasons:
Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed development is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the adopted UDP and the RSS, taken together with advice in the relevant national planning policy guidance, justifies wind farm development in this location on the scale proposed.
A number of issues have been raised by objectors (local residents) mainly related to landscape/visual/green belt/wildlife issues. While there will clearly be significant visual impacts from the location of five very large wind turbines, the design/layout of the turbines should ensure that openness is maintained and landscape/visual impacts are minimised. English Heritage has taken particular account of the proposed development’s potential impact upon Brodsworth Hall and its landscape and Natural England states that it is accepted that the benefits of the wind farm outweigh the negative landscape impacts.
A recent Landscape Capacity Study has indicated that the application site is one of a limited number in the borough which has the capacity to accept a wind farm. It is concluded that very special circumstances have been demonstrated and the development is therefore in accordance with the relevant green belt policy.
Other issues raised by objectors, such as noise and flicker, distraction of drivers and local amenity/tourism have raised no objections from the relevant authorities and are capable, where necessary, of being dealt with by conditions. All other relevant development plan policies have been complied with. No objections have been made to the proposal by any consultees, apart from the local parish councils.
======
Introduction
1. This application seeks planning permission for the erection of 5 wind turbines, of total height to blade tip of 125 metres, associated infrastructure and services on approx. 482 Ha of Land. The development will involve the upgrading of existing tracks and construction of new access tracks, a new sub station to step up the electrical output for transmission to the national grid, underground electrical cabling and a permanent anemometer mast. Access to the site will be via an existing track off Red House Lane which will be improved and widened, with access from the local highway network via the A1(M).
Site and Surroundings
1. The site is located on arable land to the south east of the village of Hampole, approx. 8km northwest of Doncaster. Land to the east of the site adjoins the A1 and includes a large warehouse facility, former colliery workings, an electrical sub station and various small business and industrial properties. The residential settlements of Skellow and Adwick-le- Street are located to the north east and east of the site. Land to the north, west and south of the site is primarily agricultural land and includes the residential settlements of Brodsworth, Pickburn, Hampole and Hooton Pagnell. The proposed site is located in close proximity to the A1(M) with the A638 running directly adjacent to the northern boundary of the site. The site is predominantly agricultural land with hedgerows on some field boundaries and areas of mature woodland. A disused railway cutting, which has been largely landfilled, runs north to south on the eastern side of the site. Hampole Wood, designated as a Site of Regional/Local Importance for Nature Conservation in Doncaster's Adopted Unitary Development Plan, lies within the site boundary on the western side of the proposed site. Brodsworth Hall (Grade I listed building), which includes a Site of Regional/Local Importance for Nature Conservation and a Grade II Star Registered Park, and Cliff Quarry and Kennels and Home Plantations, designated as Sites of Regional/Local Importance for Nature Conservation, lie to the south of the wind farm site. A byway, bridleways, a public footpath and a road used as a public path traverse the wind farm site.
History
1. Members will recall that an application for the erection of 60m high anemometer mast with guy ropes extending to 42m for a temporary period of 24 months was granted planning permission in October 2007. This structure has recently been removed from site. Other than this anemometer mast, there is no planning history associated with the current application site.
Development Plan Allocation
1. The site falls within the Green Belt and is designated as an Area of Special Landscape Value in the adopted Doncaster Unitary Development Plan. Hampole Wood, designated as a Site of Regional/Local Importance for Nature Conservation in Doncaster's Adopted Unitary Development Plan, lies within the site boundary on the western side of the proposed site.
Consultation Responses
1. NPower carried out consultations with relevant bodies including relevant Parish Councils before submission of the application. The following bodies have also been consulted as part of the processing of the application:
2. The Environment Agency, The Highways Agency, Natural England, English Heritage, Campaign to Protect Rural England (CPRE), Robin Hood Airport, National Air Traffic Control Services (NATS), Civil Aviation Authority, Defence Estates, Royal Society for the Protection of Birds (RSPB), Yorkshire Wildlife, South Yorkshire Badger Group, South Yorkshire Bat Group, Gas National Grid, Govt. Oil Pipelines, Yorkshire Water, Wakefield Metropolitan District Council, South Yorkshire Archaeology Service, South Yorkshire Mining Advisory Service, South Yorkshire Fire and Rescue, DMBC - Environmental Services, Highways Development Control, Trees, Ecology, Landscape, Conservation (Ecology), Public Rights of Way, Brodsworth Parish Council, Hampole & Skelbrooke Parish Council, Sprotbrough Parish Council, Marr Parish Council, Hooton Pagnell Parish Council.
3. Sprotbrough Parish Council has raised concerns over whether the proposal is necessary bearing in mind the location, the site's proximity to the A1 and the fact that Doncaster has already met its target for renewable energy?
4. Brodsworth Parish Council also raised a number of issues as follows: Green belt, the height of the turbines and the visual impact including the view from listed buildings (Brodsworth Hall), proximity of turbines to dwellings, the nearest being 400 metres away, noise, vibration and health issues (including the "flicker" effect of turbines) in relation to proximity of residential property, impact on local roads, including the distraction of drivers, dangers to wildlife especially birds and bats. Brodsworth also expressed concern regarding the consultation procedures.
5. Hooton Pagnell Parish Council noted that a large wind farm site at Thorne Moor (Tween Bridge) had been granted planning permission and, given that Doncaster has now met its renewable energy targets, strongly opposes the construction of wind turbines in such a beautiful location. The parish council also asked for any notion to approve the application is deferred to allow a Member of the Planning Committee to attend the parish council’s next meeting to explain the committee’s reasons for approving.
6. Hampole & Skelbrooke Parish Council object on the grounds of inappropriate development in the Green Belt, design and siting would be visually detrimental and affect the openness of the green belt, unacceptable within an Area of Special Landscape Value, would detract from the visual character of the area by virtue of its height and siting near conservation villages and Brodsworth Hall, the proximity of Hampole Wood and the impact on bats, the lack of very special circumstances in relation to the green belt, given that Doncaster has exceeded its targets, issues related to the Landscape Character and Capacity Assessment, stand off distances from the turbines to footpaths and bridleways, shadow flicker, noise. The parish council also ask that the letter should be read in its entirety to committee and state that certain signatures in support of the application were gathered by paid campaigners.
7. Other than the four parish councils referred to, no objections have been raised by consultees, subject to appropriate conditions.
8. The applicants have indicated that prior to the submission of the application, Netherthorpe Aerodrome, Sandtoft Aerodrome and Sheffield City Airport were consulted and no objections were received.
Publicity Responses
1. The applicants have carried out consultations with the local community prior to the submission of the application. An information leaflet was sent to all postal addresses within approximately 3km of the site. A public exhibition and energy efficiency event was also held in October 2007. The Council has also consulted the community as part of the processing of the application.
2. Approximately 1200 letters of objection, mainly, but not all, from residents living in the immediate locality, and mainly, but not all, a standard letter, have been submitted. In addition, a petition objecting to the proposal, signed by approx. 300 people has been submitted. The issues raised by the petition and letters of objection are as follows:
3. Green belt, the height of the turbines and the visual impact within an Area of Special Landscape and close to listed buildings, conservation areas and Historic Parks, part of the site is within a Countryside Stewardship Scheme, noise and health issues (including the "flicker" effect of turbines) in relation to proximity of residential property, impact on local roads, including the distraction of drivers, impact on local amenity, including walkers, cyclists, horse riders, nature conservation, including impacts on birds and bats, TV reception, impact on the wider image of Doncaster, impact on tourism, impact on property values, safety issues, the fact that Doncaster has already exceeded its targets. A summary of the objections raised by residents in the Technical Briefing and the Council's comments on these is attached in Appendix I.
4. A local farmer has commented that the land which he farms is in the Countryside Stewardship Scheme and the Entry Level Scheme. The scheme involves payments being given to farmers to enhance and conserve landscapes and wildlife. Natural England’s comments, however, note that this is a matter between Natural England and the agreement holder, and would not preclude the planning application being considered.
5. 501 standard letters in support of the proposal have been submitted. The standard letter states that the wind farm will make a substantial contribution towards combating climate change, will reduce carbon dioxide emissions and generate electricity sufficient for between 4,800 and 7,300 homes, the site has good wind speeds, the development would help meet the Government’s target of supplying 15% of electricity from renewables by 2015, and the European target of 20% by 2020. An additional letter has been received from a local resident in Brodsworth who is supportive of the scheme and the environmental benefits it will bring.
6. The applicants have written to the Council stating that they have worked with environmental campaigners to collect the letters of support. These were collected within a two day period and include letters from people living near the proposed site and over thirty are from the postcode area DN6.
Policy Background
1. Under Section 38(6) of the Planning and Compulsory Purchase Act 2004, the starting point for consideration of this application is the Development Plan. The statutory development plan for the purposes of determining planning applications includes both the UDP and the RSS. Clearly, all decisions should be made in accordance with the Plan unless material considerations indicate otherwise. Other material considerations may include statements of Government policy and draft development plan documents.
Unitary Development Plan
2. Policies SPU2 and PU3 of the UDP offer general support (subject to appropriate criteria) for renewable energy. Policy SPU2 states that the development of renewable energy sources will be supported, provided that they do not have a significantly adverse impact on the environment. Policy PU3 states that proposals for wind turbines will be viewed favourably provided that amongst other things the scheme is acceptable in terms of highway safety, residential amenity, landscape, design and colour.
The Regional Spatial Strategy (RSS) - a part of the statutory development plan - was published in May 2008 and contains the following relevant policies
3. Policy YH2: Climate Change and Resource Use, states that plans, strategies, investment decisions and programmes should help to meet the target set out in the Regional Economic Strategy (RES), to reduce greenhouse gas emissions in the region in 2016 by 20-25% (compared to 1990 levels) with further reductions thereafter by amongst other things increasing renewable energy capacity and carbon capture. 4. In delivering the core approach over the next 15-20 years, the plan envisages in the early years increased generation of renewable energy, mostly from wind turbines.
5. Policy ENV5:Energy states:
The Region will maximise improvements to energy efficiency and increases in renewable energy capacity. Plans, strategies, investment decisions and programmes should:
Maximise renewable energy capacity by: i) Delivering at least the following Regional and Sub-Regional targets for installed grid- connected renewable energy capacity:
South Yorkshire 2010 - 47MW 2021 - 160MW
ii) Monitoring annually planning permissions and developments against the indicative local authority targets for 2010 and 2021 set out in Table 10.2 and taking action accordingly in order to ensure the regional and sub-regional targets are exceeded.
6. Table 10.2 indicates that, for South Yorkshire, the target for installed grid connected renewable energy is as shown above, for Doncaster the target is: 2010 - 11MW 2021- 37MW
7. Within Doncaster, planning permission has been granted for a major (22 turbine) wind farm at Tween Bridge of between 50.6 to 66MW and a 4 turbine development at Marr of 10MW. Total capacity with planning permission (not yet installed) in Doncaster is thus 60.6 to 76 MW.
Government policies
8. The Energy White Paper May 2007 emphasises the Government’s commitment to the important role renewables has to play in helping the UK meet its energy policy goals. The Statement of Need within the White Paper confirms the Government’s view that renewable energy as a source of low carbon and indigenous electricity generation is central to reducing emissions and maintaining the reliability of the country’s energy supplies. In particular, the Statement notes that new renewable projects may not always appear to convey any particular local benefit, but they provide crucial national benefits. These wider benefits are not always immediately visible to the specific locality in which the project is sited. However, the benefits to society and the wider economy as a whole are significant and this must be reflected in the weight given to these considerations by decision makers in reaching their decisions.
9. Planning Policy Statement 1: Delivering Sustainable Development (PPS1) aims amongst other matters to effectively protect the environment, promote the prudent use of natural resources, protect and enhance the natural and historic environment and address the causes and potential impacts of climate change.
10. The supplement to PPS1, Planning and Climate Change, (PCC) states the Government believes that climate change is the greatest long-term challenge facing the world today. Addressing climate change is therefore the Government’s principle concern for sustainable development. The planning system should help to secure enduring progress against the UK’s emissions targets by direct influence on energy use and emissions. In relation to proposals for renewables, the PPC states that in particular, planning authorities should: i) not require applicants for energy development to demonstrate either the overall need for renewable energy and its distribution, nor question the energy justification for why a proposal for such development must be sited in a particular location; ii) ensure any local approach to protecting landscape and townscape is consistent with PPS22 and does not preclude the supply of any type of renewable energy other than in the most exceptional circumstances.
11. Planning Policy Statement 22 (PPS22), and the Companion Guide to PPS 22, set out the Government's policies for renewable energy, which planning authorities should have regard to when preparing local development documents and when taking planning decisions. PPS 22 states that increased development of renewable energy resources is vital to facilitating the delivery of the government's commitments on both climate change and renewable energy. Positive planning which facilitates renewable energy developments can contribute to all four elements of the government's sustainable development strategy. The wider environmental and economic benefits of all proposals for renewable energy projects, whatever their scale, are material considerations that should be given significant weight in determining whether proposals should be granted planning permission.
12. The statement sets out key principles which planning bodies should adhere to in their approach to planning for renewable energy including: i) Renewable energy developments should be capable of being accommodated in locations where the technology is viable and environmental, economic, and social impacts can be addressed satisfactorily; ii) Regional spatial strategies and local development documents should contain policies designed to promote and encourage, rather than restrict, the development of renewable energy resources; iii) The wider environmental and economic benefits of all proposals for renewable energy projects, whatever their scale, are material considerations that should be given significant weight in determining whether proposals should be granted planning permission. iv) Planning bodies should not make assumptions about the technical and commercial feasibility of renewable energy projects. v) Small-scale projects can provide a limited but valuable contribution to overall outputs of renewable energy and to meeting energy needs. Planning authorities should not reject planning applications simply because the level of output is small. vi) Development proposals should demonstrate any environmental, economic and social benefits as well as how any environmental and social impacts have been minimised.
13. PPS22 advises that ‘when located in the green belt, elements of many renewable energy projects will comprise inappropriate development, which may impact on the openness of the green belt. Careful consideration will therefore need to be given to the visual impact of projects, and developers will need to demonstrate very special circumstances that clearly outweigh any harm by reason of inappropriateness and any other harm if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable resources’.
14. The statement also advises that local landscape and local nature conservation designations should not be used in themselves to refuse planning permission for renewable energy developments. Planning applications in such areas should be assessed against criteria based policies.
15. PPS22 recognises that of all renewable technologies, wind turbines are likely to have the greatest visual and landscape effects. However, local authorities should recognise that the impact of turbines will vary according to the size and number and the type of landscape involved, and that these impacts may be temporary if conditions are attached which require their future de-commissioning.
16. Planning authorities should also take into account the cumulative impact of wind generation in particular areas but not set arbitrary limits in local development documents on the numbers of turbines that will be acceptable in particular locations.
17. The companion guide to PPS22 states that there is growing concern that current supplies of fossil fuels will not last indefinitely and that the alternative sources are located in regions of the world which are less geopolitically stable than our own. With current renewable electricity production rates of around 3%, a change will be required if the targets are to be met.
18. PPS22 states that targets should be expressed as the minimum amount of installed capacity for renewable energy in the region, expressed in megawatts, and may also be expressed in terms of the percentage of electricity consumed or supplied. Targets should be set for achievement by 2010 and by 2020. Progress towards achieving these targets should be monitored by regional planning bodies. Targets should be reviewed on a regular basis and revised upwards (if they are met) subject to the region’s renewable energy resource potential and the capacity of the environment in the region for further renewable energy developments. The fact that a target has been reached should not be used in itself as a reason for refusing planning permission for further renewable energy projects.
Other Policy Issues (Green Belt, Landscape, Biodiversity etc.)
19. Policy ENV3: Green Belt, states that development will not be permitted, except in very special circumstances, for inappropriate development in the green belt.
20. Policy ENV8: Biodiversity, states that the Region will safeguard and enhance biodiversity and geological heritage.
21. Policy ENV9: Historic Environment, advises that the Region will safeguard and enhance the historic environment, and ensure that historical context informs decisions about development and regeneration.
22. Policy ENV10: Landscape, states that the Region will safeguard and enhance landscapes that contribute to the distinctive character of Yorkshire and the Humber.
23. Planning Policy Guidance 2: Green Belts (PPG2), states that the most important attribute of Green Belts is their openness. They help to protect the countryside, be it in agricultural, forestry or other use. There is a general presumption against inappropriate development within them. Such development should not be approved, except in very special circumstances and is by definition harmful. Very special circumstances will not exist unless the harm is clearly outweighed by other considerations. 24. The visual amenities of the Green Belt should not be injured by proposals for development. Proposals might be visually detrimental by reason of their siting, materials or design.
25. Planning Policy Statement 7: Sustainable Development in Rural Areas seeks amongst other objectives, to protect open countryside for the benefit of all with the highest level of protection given to the most valued landscapes. Decisions on development proposals should be based on sustainable development principles and all development should be well designed and inclusive, in keeping and scale with its location, and sensitive to the character of the countryside.
26. Planning Policy Statement 9: Biodiversity and Geological Conservation aims to conserve and enhance biodiversity and geology, by: i) Promoting opportunities to incorporate beneficial biological and geological features in development; ii) Prevent harm to biological and geological conservation interests; iii) Avoid damage to and repair natural habitats; and iv) Protect habitats.
27. Planning Policy Guidance 15: Planning and the Historic Environment advises that local authorities should expect developers to assess the likely impact of their proposals on the special interest of the site or structure in question, and to provide such written information or drawings as may be required to understand the significance of a site or structure before an application is determined. In considering whether to grant planning permission for development which affects a listed building or its setting, local authorities are required to have special regard to the desirability of preserving the building or its setting or any features of architectural or historic interest which it possesses. PPG15 also requires local authorities to have regard to the impact of any development on the character and appearance of Conservation Areas. The desirability of preserving or enhancing the area are a material consideration in the determination of applications, which are outside the Conservation Area, but would affect its setting, or views into or out of the area. PPG15 also advises that the effect of a proposed development on a registered park or garden or its setting is a material consideration in the determination of a planning application.
28. Planning Policy Guidance 16: Archaeology and Planning, states that, developers should enter into preliminary discussions with the Local Planning Authority to establish the likelihood of archaeological remains, and that they may wish to carry out their own investigations. This would include a desk top survey, previous discoveries, maps county archives, and geophysical surveys.
Targets
29. In relation to the issue raised by many objectors concerning the fact that Doncaster’s renewables targets have already been met, it should be noted that the targets relate to installed capacity: currently Doncaster has no installed capacity, although planning permission has been granted for 60.6 - 76 MW for two sites, one at Tween Bridge (50.6 - 66MW) , the other at Marr (10MW). The majority of this capacity relates to the Tween Bridge site. This permission, however, is subject to a condition which requires a new radar station to be constructed and in operation before the wind farm development can be commenced. Although some progress has been made towards the discharge of this condition, it is almost certain that the Tween Bridge wind farm will not be operating (i.e. qualify as installed capacity) by 2010, the target date. Even if the Marr site (of 10MW) is completed and qualifies as installed capacity by 2010, Doncaster will still, therefore, fail to reach its target of 11MW of installed capacity by 2010.
30. Irrespective of the above point, the Government advice in PPS22 and the policy in the recently published RSS (ENV5) are quite clear that these targets are minimum targets and, if possible, should be exceeded. If the targets are met then they should be revised upwards, subject to the capacity of the environment in the region. Government advice in PPS22 is also quite explicit in that, even if a target has been reached, this should not be used in itself as a reason for refusing planning permission for further renewable energy projects.
Assessment of Proposal
31. PPS22 sets out key principles for planning bodies in their approach to planning for renewable energy and, overall, it is quite clear that national policy is to promote renewable energy.
32. The Climate Change Act 2008 came into force on 28 November 2008: the Act provides, amongst other matters, for a series of clear targets for reducing carbon dioxide emissions - including making the UK's targets for an 80% reduction by 2050 and a 26% reduction (against a 1990 baseline) by 2020 legally binding.
33. This general support for renewable energy is, however, subject to appropriate environmental safeguards.
Green Belt
34. UDP policy ENV 3 states that, except in very special circumstances, development in the green belt will be limited to a range of uses appropriate to the green belt.
35. PPS 22 states, "When located in the green belt, elements of many renewable energy projects will comprise inappropriate development, which may impact on the openness of the green belt. Careful consideration will therefore need to be given to the visual impact of projects, and developers will need to demonstrate very special circumstances that clearly outweigh any harm by reason of inappropriateness and any other harm if projects are to proceed." The guidance goes on, however, to state, "Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources."
Landscape
36. Policies SENV 1, SENV 3 and ENV 17 state that the countryside and landscape will be protected and that Areas of Special Landscape Value will be afforded additional protection. In relation to local landscape and nature conservation, PPS 22 states, - "Of all renewable technologies, wind turbines are likely to have the greatest visual and landscape effects. However, in assessing planning applications, local authorities should recognise that the impact of turbines on the landscape will vary according to the size and number of turbines and the type of landscape involved, and that these impacts may be temporary if conditions are attached to planning permissions which require the future decommissioning of turbines." PPS 22 also states, "Local landscape and local nature conservation designations should not be used in themselves to refuse planning permission for renewable energy developments. Planning applications for renewable energy developments in such areas should be assessed against criteria based policies set out in local development documents, including any criteria that are specific to the type of area concerned."
37. Members will be aware that the Council has recently (March 2007) published a document titled "Landscape Character and Capacity Assessment". This document, which will form part of the Doncaster Local Development Framework Evidence Base, indicates that the proposed site is within an area with Moderate Landscape Capacity for wind farms. There is no area of Doncaster that has been assessed as having High landscape Capacity for wind farms; areas of Moderate Capacity therefore have the greatest landscape capacity for wind farms in Doncaster.
38. The Landscape Officer notes: "Whilst the Hampole wind farm would significantly change the character of the Landscape in the vicinity of the Windfarm it would not have significant visual effect on more than approximately twenty residential properties around Hampole, Pickburn and Brodsworth. The landscape and visual effects would take place within a 2-3km radius of the wind farm but the visual effects would diminish to moderate and then insignificant beyond this. On a bright clear day the Windfarm would discernible in combination with other approved Windfarms such as Marr on the skyline (from elevated and open distant viewpoints) but this would not comprise a significant adverse effect. The Windfarm has been designed to complement and combine with the landscape and rather than clash as would for example a grid layout. I would therefore not be opposed to the application, as it is presented. My only concern is whether the blades of the turbines would be lit in the interests of aviation safety. Whilst there is carriageway lighting in the vicinity of the proposed wind farm development movement of lights in the night sky would appear unnatural and if this were the case I would expect further landscape assessment work to be carried out. It may be that only the hubs of the towers would be lit in which case I feel this would be acceptable. Were the application to be approved conditions should be attached for mitigation planting in line with the SPD Landscape Planning on Development site and for restoration of the landscape upon decommissioning of the site after 25 years." The various aviation authorities have responded and there is no requirement for any lights on the turbines and a condition of the permission will ensure that the turbines are not lit without consent from the local planning authority.
Listed buildings/ Conservation Areas
39. Policies SENV 4, ENV 25 and ENV34 provide for the protection of the borough's built heritage, including Listed Buildings and Conservation Areas. English Heritage has responsibility for Parks and Gardens of Special Historic Interest and for Listed Buildings including Brodsworth Hall. English Heritage is the owner of Brodsworth Hall and is a statutory consultee on this application. English Heritage has responded to the consultation and stated that they do not wish to offer any comments in detail. Particular account has been given to the proposed development’s potential impact upon Brodsworth Hall and its landscape and the application should be determined in accordance with Government guidance, development plan policies and with the benefit of local conservation advice.
40. DMBC's Conservation Officer noted that it is likely that the Hampole windfarm would be visible to some degree from high ground within the Conservation Area, particularly from the area around the Estate office, to people traversing the drive to the Hall, from adjacent to the Hall gates, and to the many people who approach the Hall from the motorway via Marr. To some extent, the wind farm would thus have an impact upon the character and appearance of the Conservation Area, which derives much of its high quality from the natural landscape and from its having been part of the Brodsworth Hall estate. It would also have an impact on the setting of the Conservation Area, and, to an arguably lesser degree, on the setting of the Listed buildings within and adjacent to it.
41. The Hampole wind farm turbines would be strung out in a gently-curving line following the contours of the land, rather than grouped in a way which would allow the visual intersection of their blades to create disharmony in the view. The line would recede from the Brodsworth Conservation Area, and would be at a distance from and at a tangent to the line of the Hall’s drive, rather than being closely adjacent to it or following it.
42. The turbines would be visible from adjacent to the Estate office, but in most cases, enough of the turbine’s height would be visible for the blade tips not to be seen as disembodied spikes scything the skyline. In one or two places where this effect would occur (in respect of one turbine at the Pickburn junction, and more distant turbines viewed from the Estate office) it would be unfortunate, but a limited episode rather than a consistent effect along the skyline.
43. The impact of the turbines in relation to the Stable Block, Parish Church and Old School House would be likely to be less detrimental to the settings of the buildings than it might be were the buildings closer to the turbines. In each case, there would be a greater distance between the building and the turbines than between the viewer and the building, helping to dissociate the building visually from the turbine and allowing the building to dominate. In the case of the first two buildings, any detriment would also be limited to a restricted view-point. The turbines would not intersect any formally designed views of the wider landscape from the Registered Park or Garden at Brodsworth Hall.
44. Although the wind farm would have a presence in the landscape and would introduce a feature which might, from some view-points within the Conservation Area, be visually distracting and detract to some degree from the visual quality of the environment, the detriment would be likely to be insufficient for a refusal of planning permission to be sustained on these grounds.
45. DMBC's Landscape Officer also notes that the impact on views from Brodsworth Hall were investigated and although the turbines would be visible above the farm buildings of the Brodsworth estate in the distance, views from within the gardens would be screened by trees and vegetation and therefore views of the wind farm would be largely constrained.
Ecology
46. Policy SENV 5 aims to protect the wildlife resource of the borough and Policy ENV 41 - Sites of Regional/Local Importance for Nature Conservation- states that development likely to have an adverse effect on the conservation value of a local nature conservation site will not be permitted, unless there are reasons which outweigh the need to safeguard the nature conservation value of the site. 47. The applicants have submitted an Ecological assessment as part of the Environmental Statement. The ecological assessment has identified that there is bat activity around Hampole Wood and for this reason the turbines have been sited away from the wood and the main commuting and foraging routes. Whilst the turbines may result in the death of a small number of bats, it is not predicted that the proposals would significantly affect the ability of the population to survive. To mitigate against the potential loss of bats, the scheme avoids the loss of important hedgerows and includes new hedgerow planting and grassland strip creation. Six badger setts are also present within the boundary of the site, all of which are small showing little signs of activity. No significant effects are predicted on bird populations as a result of the development and no objections have been received from the Royal Society for the Protection of Birds.
48. In relation to nature conservation, the Council's Ecology Officer noted that the ecological sections of the Environmental Statement are of generally high quality and, provided that the recommended mitigation detailed in the Environmental Statement is followed, does not object to the proposal. Natural England notes that the Environmental Statement reported high levels of bat activity in and around Hampole Wood. Natural England therefore welcomed the proposal to site the turbines away from Hampole Wood in order to minimise the impact upon bats and accepted that the wind farm is an appropriate distance from the wood.
Noise
49. Noise will be emitted both during construction and operation of the wind farm. Noise during construction of the wind farm will be temporary and highly variable and therefore less likely to cause an adverse impact. Conditions will be imposed to ensure that the impact of construction noise is kept to a minimum and these include restrictions on the hours of working and submission of a Construction Management Plan.
50. Noise from turbines result from the blades passing through the air, causing a 'swish' sound. The level of noise depends on the wind speeds with a greater level of noise created during higher wind speeds. Background noise levels around residential properties will also increase during higher wind speeds, with noise resulting from wind blowing through trees and around buildings.
51. Government Guidance in the form of PPS 22 advises that noise from wind farms should be assessed against guidance provided in the 1997 report by ETSU for the Department of Trade and Industry. The noise levels for this application have been assessed using the ETSU guidelines. Noise levels are based on external measurements and separate noise levels are applied for day-time and night-time. For this reason, it is usually acceptable to have higher noise levels during the night, as the protection of external amenity becomes less important.
52. Noise levels from operation of the turbines have been predicted for six residential properties around the site most likely to be affected by noise and these are Manor Farm, Hampole Grange, Windy Mount, Dilkusha, Hill Farm and Rat Hall. The noise surveys were carried out over a 4 week period at each location both during the day and at night. The guidelines in the ETSU document states that appropriate noise levels for wind farms should be limited to no more than 5 decibels above background existing levels. In this case, it has been shown that noise from the turbines will be lower than existing background noise levels at each location (see Appendix II). Operational noise levels from the wind farm will be within levels deemed by national guidance to be acceptable for wind energy schemes. 53. The Council's Environmental Health Officer has raised no objections to the proposal, subject to appropriate conditions. One of the conditions is that noise is restricted to appropriate levels outside the six residential properties closest to the wind farm. Depending on the wind speeds, the noise levels at each of the properties from the wind farm will be restricted to between 40 decibels and 57 decibels. To put these noise levels in context, 40 decibels is the equivalent of noise within a library and 60 decibels is typical of noise found within an office.
Residential Amenity
54. Concerns have been raised from residents about the close proximity of some of the turbines to residential properties. In this case, the property closest to a turbine is Windy Mount, which is approximately 433m from turbine number 5. Hampole Grange is approximately 453m to the nearest turbine. Both Manor Farm at Hampole and Dilkusha at Pickburn are approximately 669m to the nearest turbine.
55. There is no specific guidance as to what constitutes an appropriate distance to a turbine and each case has to be assessed on its own merits. The objectors have cited a case where an appeal for a wind farm at Burnham on Sea was dismissed due to the close proximity of turbines to residential properties (440m to the closest property). There are however cases whereby consent has been granted for similar sized turbines at a reduced distance to properties. For example, Wansbeck Blyth Harbour Wind Farm was one of the first in the country and the 125m high turbines are approximately 270m from the nearest residential properties which face directly towards the turbines. Two turbines of just over 100m have been built at the Michelin factory at Dundee at a distance of approximately 260m from the nearest residential properties. Five turbines at a height of 125m have also been granted at Lindhurst Wind Farm, Nottinghamshire with the closest dwelling being approximately 468m away. In a recent appeal decision for a wind farm of 8 turbines of 98 metres to blade tip (i.e. somewhat smaller than the turbines proposed at Hampole which are 125 metres to blade tip) at Harrogate, approval was granted with the nearest residential property being 440 metres from a turbine.
56. The residential property most affected by the proposed wind farm is Windy Mount. The western elevation to Windy Mount faces turbine number 5 and the majority of the windows on this elevation are on the ground floor with only three small windows on the first floor. Views of the nearest turbine from Windy Mount will be obscured somewhat by an agricultural barn and two large conifers that sit between the dwelling and the proposed turbine. There will also be views of turbine 5 and the anemometer mast from the rear garden, although an evergreen hedge will soften the impact to a small degree. Whilst there will inevitably be an impact on this property, it is considered that the distance of the turbine and the intervening agricultural building, hedgerow and trees should ensure that the views of the structure are not oppressive or harmful. Three of the elevations to this property will be largely unaffected by the proposal and on balance it is considered that the visual impact to this residential property is acceptable. The other residential property most affected by the wind farm is Hampole Grange. The nearest turbine to this property is approximately 453m, but the turbines are sited in such a way that views of the turbines from the residential property will be limited due to the fact that there are no windows on the south side of the property and westward facing windows are obstructed by agricultural buildings. 57. An assessment has been made of the potential impact for shadow flicker on local residential properties. Shadow flicker occurs when the sun is low on the horizon and the wind turbine rotor blades pass between the sun and an observer. The effect only occurs inside buildings where the flicker passes through a narrow window or door opening. The assessment shows that there are three dwellings potentially affected by shadow flicker and these are Grange Cottage, Hampole Grange and Windy Mount. All three of these dwellings have significant existing screening between the windows and the turbines that could experience shadow flicker. The assessment concludes that none of the three are anticipated to experience more than 30 hours of shadow flicker a year on any of the windows. A condition has been imposed to ensure that remedial measures are carried out by the applicant if complaints are received about shadow flicker.
Highways
58. Objections have also been made in relation to highway issues, including the suggestion that the turbines will be a distraction to drivers. Highways Development Control have carried out an assessment of the A638. In 2006, a road safety improvement scheme was carried out by the Council's Highway section and this has resulted in a significant decrease in the number of road accidents along this section of the A638. Neither the Council's Highways Engineers nor the Highways Agency have made any objections to the proposal, subject to appropriate conditions. The recent proposal at Harrogate examined the issue of driver distraction and noted that there is no hard evidence to suggest that the turbines would make the road more hazardous. Advice in the Companion Guide to PPS22 states that "Drivers are faced with a number of varied and competing distractions during any normal journey, including advertising hoardings, which are deliberately designed to attract attention. At all times, drivers are required to take reasonable care to ensure their own and others' safety. Wind Turbines should therefore not be treated any differently from other distractions a driver must face and should not be considered particularly hazardous. There are now a large number of wind farms adjoining or close to road networks and there has been no history of accidents at any of them."
Health
59. Concerns have been raised by residents about the impact on health in terms of infrasound, low frequency and noise vibration. Evidence commissioned by the Department of Trade and Industry and Government advice in the Companion Guide to PPS22 suggests that there is no evidence that turbines pose such risks. The study by the DTI concluded that infrasound noise emissions form wind turbines are significantly below the recognised threshold of perception and that infrasound associated with modern wind turbines is not a source which will result in noise levels which may be harmful to the health of residents living near to wind farms.
60. The objectors have referred to the French National Academy of Medicine recommendation of a minimum separation distance of 1.5 km from nearby homes. The French National Academy subsequently withdrew this statement and now advise that noise limits should be set (as is the case for this proposal). Safety
61. Residents have also raised concerns about the safety of wind turbines. Advice in the Companion Guide to PPS22 states that "Experience indicates that properly designed and maintained wind turbines are a safe technology. The very few accidents that have occurred involving injury to humans have been caused by failure to observe manufacturers' and operators' instructions for the operation of the machines. There has been no example of injury to a member of the public. Fall over distance (i.e. the height of the turbine to the tip of the blade) plus 10% is often used as a safe separation distance between wind turbines and occupied buildings."
62. Wind farms have a proven track record for safety. As is the case with any tall structure, wind turbines may be struck by lightning and measures are included in the turbine design to conduct lightning strike down to earth and minimise the risk of damage to the turbine. In the case of a lightning strike on a turbine, it will automatically shut down. In cold weather, ice can build up on blade surfaces when operating. The turbine can continue to operate with a thin accumulation of snow or ice, but will shut down automatically when there is sufficient build up to cause imbalance of the rotor assembly. Ice detectors can be fitted to turbines and as soon as ice is detected, the turbines will automatically shut down. When turbines are restarted, the turbines are designed to start up slowly so any ice or snow which has built up on the rotors and are not completely thawed will drop to the ground within close proximity to the turbine and will not create the phenomenon known as ice throw and will not therefore pose a significant risk to users of public rights of way.
63. When the wind reaches high speeds of around 55 miles an hour, the wind turbines will shut down to protect their internal machinery from excessive wear and tear. When the wind speed drops back down below about 55 miles per hour, the turbines will resume generation.
Tourism etc
64. The Council’s Public Rights of Way Officer reports that no recorded public rights of way appear to be affected by the proposals. The Council’s Tourist Information Office states that most visitors to Doncaster come for a couple of days, and therefore the aesthetics of Doncaster are not an issue and no detriment is seen from having turbines on the higher parts of the district.
Overall Conclusion
65. Within Doncaster, large areas of the eastern side of the borough are outside the green belt. This area is, however, covered by the consultation zone for Robin Hood Airport and any wind farms within this area could potentially cause problems for the development of the airport. In its response to the current Hampole proposal the Airport states that "as the Airport has now managed to accommodate both the Marr and Hampole developments within this area it is unlikely, due to cumulative effect on radar, that we could accept additional turbines on the Hampole/Marr sites or any further developments without the means of a technical radar solution." Although the Tween Bridge site (in the vicinity of the Airport) has now been granted planning permission at appeal, and, once brought into operation, will enable Doncaster to meet at least its 2020 targets, it is considered that the existence of the airport (bearing in mind the recent comments from the Airport) is still likely to provide a significant constraint to wind farm development in the Borough and is a material factor when considering the issue of "very special circumstances." An additional factor in the consideration of "very special circumstances" is the fact that the proposed site is identified in the recently published Landscape Character and Capacity Assessment of Doncaster as one of the few areas in the borough with Moderate Landscape Capacity for wind farms. Despite the fact that the area is designated as green belt and as an area of special landscape value the 2007 Landscape Capacity Assessment concluded that the area has capacity for wind farms. Taking account of all the above factors, it is considered that, in the particular circumstances of Doncaster, very special circumstances have been demonstrated.
66. A number of issues have been raised by objectors (local residents) mainly related to landscape/visual/green belt/wildlife issues. While there will clearly be significant visual impacts from the location of five very large wind turbines, the design/layout of the turbines should ensure that openness is maintained and landscape/visual impacts are minimised. English Heritage has taken particular account of the proposed development’s potential impact upon Brodsworth Hall and its landscape and Natural England states that it is accepted that the benefits of the wind farm outweigh the negative landscape impacts.
67. Other issues raised by objectors, such as noise and flicker, distraction of drivers and local amenity/tourism have raised no objections from the relevant authorities and are capable, where necessary, of being dealt with by conditions. There will be an impact on the occupants of Windy Mount in terms of the visual impact of turbine number 5, but it is considered that the harm will not be significant and is not in itself a reason to refuse the application. All other relevant development plan policies have been complied with and no objections have been made to the proposal by any consultees, apart from the local parish councils and on balance it is considered that the proposed wind farm is acceptable.
68. If Members are minded to grant planning permission then the application will need to be referred to Regional Government Office for their consideration.
69. The above objections , considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 3 OF THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PLANS AND CONSULTATION) DIRECTIONS 1992, THE SECRETARY OF STATE BE NOTIFIED THAT THE BOROUGH COUNCIL DO NOT PROPOSE TO REFUSE THIS APPLICATION FOR DEVELOPMENT WHICH DOES NOT ACCORD WITH THE PROVISIONS OF THE DEVELOPMENT PLAN.
THE HEAD OF PLANNING SERVICES BE AUTHORISED TO ISSUE THE DECISION NOTICE IF THE SECRETARY OF STATE RAISES NO OBJECTIONS
THE FOLLOWING MATTER WAS REPORTED TO PLANNING COMMITTEE Deferral
The application has been deferred to allow Officers time to address the issues raised by objectors in the technical briefing.
THE FOLLOWING MATTER WAS REPORTED TO PLANNING COMMITTEE
For clarification Paragraph 55 of the report refers to a wind farm at Blyth Harbour. Consent has been granted for 6 turbines at tip height of 125m and 1 at 163m tip height. These are to replace existing wind turbines that are smaller in height. The closest turbine to a residential property is approximately 310m and not 270m as stated in the committee report. The turbines have not yet been erected.
Additional information Residents have raised concerns that the turbines used for the noise assessment are smaller than the ones proposed for the wind farm. The assessment in the Environmental Statement is based on a height of 121m rather than the maximum height applied for in this application of 125m and Environmental Health is happy with this approach. The applicants have since provided a revised noise assessment based on a 125m tip height turbine and this also shows that noise levels from the turbines are within acceptable noise levels as set out in Government guidance (i.e. below background noise levels plus 5 decibels).
Paragraph 56 of the Companion Guide to PPS22 states that "The British Horse Society, following internal consultations, has suggested a 200 metre exclusion zone around bridle paths to avoid wind turbines frightening horses. Whilst this could be deemed desirable, it is not a statutory requirement and some negotiation should be undertaken if it is difficult to achieve this.” In this case, the closest turbine to a public right of way is 203m and therefore in compliance with the desirable stand-off distance.
Additional conditions It is requested that the following condition be added:
Unless otherwise approved in writing with the local planning authority, monitoring shall take place to assess the impact of the wind farm on bats species. The monitoring shall place in accordance with the measures set out in paragraphs 10.12.5 to 10.12.9. REASON To provide further evidence of the impact of wind farms on bat populations.
Amendments to conditions It is requested that condition 23 is replaced by the following condition:
The rating level of noise emissions from the combined effects of the wind turbines, (including the application of any tonal penalty) when assessed in accordance with the attached guidance notes, shall not exceed the values set out in the tables below for properties which lawfully exist at the date of this consent. Where there is more than one property at a given location these noise limits apply to all properties at that location. Noise limits for properties which lawfully exist at the date of this consent but not listed in the tables shall be taken from the nearest location listed. Night noise limits between 23:00 and 07:00 hours (Noise Level in dB LA90, 10min):
Location wind speed at 10 metres height within the application site (m/s) 1 2 3 4 5 6 7 8 9 10 11 12 Manor Farm Hampole 43 43 43 43 43 43 43 43 45 49 52 52 Hampole Grange 45 45 45 45 45 45 46 48 51 54 55 55 Windy Mount 49 49 49 49 49 49 49 50 51 53 54 54 Pickburn (Dilkusha) 44 44 44 44 44 44 44 46 47 50 52 52 Hill Farm, Brodsworth 43 43 43 43 43 44 46 48 51 53 54 54 Rat Hall 43 43 43 43 43 43 43 43 46 49 51 51 Manor Farm Hampole 43 43 43 43 43 43 43 43 45 49 52 52
Day noise limit between 07:00 and 23:00 (Maximum Noise Level LA90, 10min dB):
Location wind speed at 10 metres height within the application site (m/s) 1 2 3 4 5 6 7 8 9 10 11 12 Manor Farm Hampole 46 46 46 46 46 46 46 47 48 50 51 51 Hampole Grange 48 48 48 48 48 48 49 50 52 53 53 53 Windy Mount 55 55 55 55 55 55 55 55 55 55 55 55 Pickburn (Dilkusha) 47 47 47 47 47 47 47 47 48 50 50 50 Hill Farm, Brodsworth 46 46 46 46 46 46 47 49 52 56 57 57 Rat Hall 40 40 40 40 40 40 41 43 46 49 50 50 Manor Farm Hampole 46 46 46 46 46 46 46 47 48 50 51 51 Reason: To minimise disturbance to residents in the vicinity of the wind farm.
Requests to speak
Councillors Johnathan Wood, Cynthia Ransome and Doreen Woodhouse will be speaking against the application.
Nick Balliger is to speak in opposition to the application.
Joanna Thompson from Npower will be speaking in support of the application. The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES
01. U20704 The commencement of the development shall not be later than the expiry of three years from the date of this consent. The Company shall notify the local planning authority of the date of commencement of the development within seven days of such commencement. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.
02. U20705 Prior to the commencement of development, a Traffic Management Plan shall be submitted to and approved in writing by the local planning authority. The Traffic Management Plan shall include details of all roadways, temporary or otherwise, and appropriate signing, to be used for the conveyance of construction materials, plant and equipment and for the minimisation of mud from the site by construction vehicles. The development shall be carried out in accordance with the approved Traffic Management Plan, unless otherwise approved in writing by the Local Planning Authority. REASON In the interests of highway safety.
03. U20707 Before the development is commenced, a scheme for new planting of hedgerows and enhancements to retained hedgerows within the site shall be submitted to and approved in writing by the local planning authority. The proposed species mix shall take account of the Council's planning guidance 'Doncaster Landscape Character Types Tree and Shrub Planting.' Approved planting shall take place during the first available planting season after the commencement of the development. All planting and subsequent maintenance shall be in accordance with the Council's publication entitled 'Landscape Specification in Relation to Development Sites.' REASON To ensure that a landscape/planting scheme is submitted and implemented in the interests of amenity.
04. U20708 The development hereby approved shall be carried out in accordance with the mitigation and monitoring measures set out in table 10.5 of Volume 1 of the Environmental Statement dated September 2008. REASON To ensure that the development does not harm the ecological interests of the site.
05. U20709 Piling methods shall not be used unless prior written approval is given by the local planning authority, where it can be demonstrated that it will not result in an unacceptable risk to controlled waters. REASON To ensure that controlled waters such as rivers, streams and aquifers are not polluted during the construction process.
06. U20710 Except where otherwise required by virtue of the planning permission granted, or where the written permission of the local planning authority has been given to any variation in design, construction or operation of the development, the development shall be constructed and operated in accordance with the approved plans, provided that micro-siting of turbines is permissible up to 25 metres from their identified location, subject to: a) such micro-siting being notified to and approved in writing by the Local Planning Authorities prior to construction of the turbines to be micro-sited. b) compliance with the noise conditions set out below. REASON To ensure that the development is carried out in full accordance with the approved details.
07. U20711 The turbines shall be no higher than 125 metres from the ground to blade tip and all blades shall rotate in the same direction. REASON In the interests of local amenity.
08. U20713 Prior to the construction of the substation, details of the size, design and external appearance (including colour finishes) of the substation building and any associated parking area and compound 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, unless otherwise approved in writing by the Local Planning Authority. REASON In the interest of local amenity.
09. U20714 Prior to the erection of the wind turbines, details of the colour of the turbines 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 unless otherwise approved in writing by the Local Planning Authority. REASON In the interest of local amenity. 10. U20715 Prior to the construction of any hard standings, details of hard-standings 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, unless otherwise approved in writing by the Local Planning Authority. REASON In the interests of local amenity.
11. EG02 No development shall take place until the applicant, their agent, or their successor in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted by the applicant and approved in writing by the Local Planning Authority. REASON To ensure that any archaeological remains present are preserved, either by being left in situ or recorded before they are damaged or destroyed.
12. U20716 Prior to the commissioning of the wind-farm, a scheme shall be submitted to and approved in writing by the Local Planning Authority, providing for the remediation of any interference to domestic television reception caused by the operation of the turbines (such remediation to be at the cost of the Company). The approved scheme shall thereafter be implemented. REASON In the interest of local amenity.
13. U20717 The wind turbines shall not be illuminated unless the local planning authority gives its written consent. Details of the illumination shall be submitted for approval before such works are undertaken. REASON To protect the visual amenity of this rural area.
14. U20718 No wind turbines shall be put into operation until a written scheme has been submitted to and approved in writing by the local planning authority setting out the protocol for the assessment of shadow flicker in the event of any complaint including remedial measures. Operation of the turbines shall take place in accordance with the agreed protocol unless the local planning authority gives prior written consent to any variations. REASON To protect residential amenity.
15. U20719 Within 4 months of the 25th anniversary of the date of first export (as defined in condition 17 below), all wind turbines, the sub-station, and other removable above ground elements not subsequently required for the then current use of the land, will be removed and the ground re- instated in accordance with details to be approved in writing by the local planning authority. Any elements of the development that are to be retained will be approved by the Local Planning Authority prior to the re- instatement being commenced. REASON To ensure that the site is appropriately restored.
16. U20720 Within one month of the date of first export of electricity from the wind turbines, the local planning authority shall be notified in writing of that date (the date of first export). REASON To establish a date of commencement for the development and to assist in the effective monitoring of the site.
17. U20760 No development shall commence until the existing hedge/wall abutting the highway has been reduced in height not exceeding 900mm in accordance with plan reference C.950.G.012 Issue P2. REASON In the interests of road safety and to provide and maintain adequate visibility.
18. U20764 Except with the prior written approval of the District Planning Authority, exceptionally noisy operations such as soil stripping and replacement, and screening barrier formation and removal shall be carried out only between the hours of:
0830 - 1730 hrs Mondays to Fridays 0930 - 1300 hrs Saturdays and at no time on Sundays or Bank and National Holidays. REASON In the interest of local amenity.
19. U20765 Prior to the commencement of development a Construction Management Plan (“the CMP”) shall be submitted to and approved in writing by the Local Planning Authority. The approved CMP shall thereafter be implemented in accordance with the approved details. The CMP shall include the following: a. Detail the operations likely to generate the highest levels of noise and dust. b. Clearly identify all roadways, temporary or otherwise, to be used for the conveyance of construction materials, plant and equipment and shall include appropriate measures for the minimisation of noise and the egress of mud and dust from the site by construction vehicles. c. Measures to control fugitive emissions of dust arising from on site activities such as earth moving, on site aggregate mixing, crushing, screening etc., and onsite storage and transportation of raw materials. d. Measures to be used to minimise and control noise and vibration arising from on site activities, as set out in British Standard 5228 Part 1: 2009 – Noise and Vibration Control on Construction and Open Sites. e. How those vehicles operating on site that require audible warning alarms will minimise the noise impact of these alarms by the use of multi- frequency broadband alarms rather than ‘bleeping’ type alarms. f. Methods of monitoring compliance with the approved CMP. REASON To minimise disturbance to residents in the vicinity of the wind farm.
20. U20766 Construction work shall only take place between the hours of 08:00 to 18:00 on Monday to Friday inclusive, 08:00 to 13:00 hours on Saturdays with no such construction work on a Sunday or local or national public or Bank Holidays. Out side these hours, works at the site shall be limited to emergency works and dust suppression, unless otherwise approved in writing by the Local Planning Authority. The delivery of any construction materials or equipment for the construction of the site, other than turbine blades, nacelles, and towers, shall be restricted to the above hours, unless otherwise approved in writing by the Local Planning Authority having been given a minimum of two working days notice of the proposed delivery. REASON To minimise disturbance to residents in the vicinity of the wind farm.
21. U20767 At the request of the Local Planning Authority following a complaint to it, the wind farm operator shall, at its expense, employ a consultant , to assess the level of noise emissions from the wind farm at the complainants property or nearest reasonably accessible location agreed by the Local Planning Authority following the procedures described in the attached Guidance Notes. The results of the assessment shall be provided to the Local Planning Authority within three months of the date of the request unless otherwise extended in writing by the Local Planning Authority. REASON To minimise disturbance to residents in the vicinity of the wind farm.
22. U20768 The wind farm operator shall continuously log wind speed and wind direction data and power generation data for each wind turbine and provide it to the Local Planning Authority on its request and in accordance with the attached Guidance Notes within 28 days of receipt in writing of a request. REASON To minimise disturbance to residents in the vicinity of the wind farm.
23. U20769 The levels of noise resulting from the operation of the wind farm, corrected for the presence of any tonal components and for the contribution of background noise shall not exceed the following limits (measured as a 10 minute LA90) at the dwellings listed below:
Manor Farm Hampole Wind Speed m/s at 10m height Daytime Noise limit (0700 - 2300 hours) Night time Noise Limit (2300 – 0700 hours) 3 46 43 4 46 43 5 46 43 6 46 43 7 46 43 8 47 43 9 48 45 10 50 48 11 51 51 12 51 51
Hampole Grange Wind Speed m/s at 10m height Daytime Noise limit (0700 - 2300 hours) Night time Noise Limit (2300 – 0700 hours) 3 48 44 4 48 44 5 48 44 6 48 44 7 49 46 8 50 48 9 52 51 10 53 54 11 53 55 12 53 55
Windy Mount Wind Speed m/s at 10m height Daytime Noise limit (0700 - 2300 hours) Night time Noise Limit (2300 – 0700 hours) 3 55 49 4 55 49 5 55 49 6 55 49 7 55 49 8 55 50 9 55 51 10 55 52 11 55 54 12 55 54
Pickburn (Dilkusha) Wind Speed m/s at 10m height Daytime Noise limit (0700 - 2300 hours) Night time Noise Limit (2300 – 0700 hours) 3 47 44 4 47 44 5 47 44 6 47 44 7 47 44 8 47 45 9 48 47 10 50 49 11 50 51 12 50 51
Hill Farm, Brodsworth Wind Speed m/s at 10m height Daytime Noise limit (0700 - 2300 hours) Night time Noise Limit (2300 – 0700 hours) 3 46 43 4 46 43 5 46 43 6 46 44 7 47 46 8 49 48 9 52 51 10 55 53 11 57 54 12 57 54
Rat Hall Wind Speed m/s at 10m height Daytime Noise limit (0700 - 2300 hours) Night time Noise Limit (2300 – 0700 hours) 3 40 43 4 40 43 5 40 43 6 40 43 7 41 43 8 43 43 9 46 45 10 49 49 11 50 51 12 50 51
REASON In the interest of local amenity. Schedule No: 2.
Application No: 09/00391/OUT
Ward Edenthorpe, Kirk Sandall Parish Edenthorpe Parish Council And Barnby Dun
Proposal Outline application for erection of 5 detached dwellings on approx 0.28 ha of land
Location Land Rear Of 2-6 The Crescent, 8-26 Eden Grove And 130-140 Thorne Road, Edenthorpe, Doncaster, South Yorkshire
Applicant Mr M Flanagan
Agent Graham Raynor
Date of Valid Application: 16th March 2009
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MAIN POINTS OF REPORT
* This planning application is being presented to Members due to significant public interest and because it is a departure from the Doncaster Unitary Development Plan (1998).
* The application seeks outline permission for the erection of 5 detached dwellings on approx 0.28 ha of land including details of means of access.
* The site is allocated as Public Open Space as such Policies RL1 & RL5 are relevant. Policies ENV52, PH11, PH13 and T5 are also applicable as the nature of the development is residential. National Policy PPS1 Delivering Sustainable Development; and PPS3; Housing are also applicable.
* 20 letters of objection has been received from neighbouring properties.
* No objections from consultees.
* Provision for the payment of a commuted sum in lieu of public open space is to be secured by the signing of a section 106 legal agreement.
* In summary, the proposed development is considered to be of an appropriate density and layout, which will not be harmful to the character of the surrounding area. The design together with a number of conditions will ensure that the amenities of occupiers of neighbouring properties are protected. The proposal is considered to be an efficient use of the site and is thus considered to be acceptable, subject to conditions. In summary the development is acceptable as it maximises the use of the site for residential purposes without causing a significant detrimental effect on the highway, the amenities of surrounding dwellings and the character of the area.
RECOMMENDATION - PLANNING PERMISSION BE GRANTED SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED)
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
Planning Policy Statement 1: Delivering Sustainable Development Planning Policy Statement 3: Housing RL 1: Open Space Policy Area RL 5 (36): Open Space Allocations PU 5: Land Drainage ENV 52: Design of New Buildings PH 11: Existing Residential Areas PH 13: Residential Design Standards T 5: Highways Safety
2. For the following reasons:
Having taken into account all the material planning considerations including those raised in the representations and consultation responses, against the policy background referred to, it has been concluded that the proposed development is acceptable subject to the attached planning conditions.
The proposed development of five dwellings is considered to be a satisfactory use of the privately owned open space area, whilst also taking into consideration the character of the local area. The siting and scale of the dwellings, whilst indicative, prevents a significant detrimental effect to the amenities of nearby occupiers in terms of overlooking or being overbearing. Furthermore the development will contribute towards the provision of housing land supply ======
Introduction
1. The application seeks outline planning permission for five detached houses on approximately 0.28ha of land. The dwellings proposed are two storeys in height consistent with the surrounding dwellings. The dwellings proposed make use of open space and the site is allocated within a Residential Policy Area. An indicative plan submitted with the application shows that properties will be consistent in both form and scale with those in the immediate vicinity.
Site and Surroundings
2. The site relates to privately owned open space area to the rear of The Crescent, Eden Grove Road and Thorne Road. The site is set back from the roadside and not fully visible from the street scene due to the surrounding residential properties. The site size is approximately 0.28ha. The surrounding site is predominantly residential but there is a Community Centre in the vicinity to the South West of the site and Edenthorpe Hall First and Middle School to the east. Access is gained from The Crescent. The surrounding area is residential in nature with predominantly 2 storey red brick dwellings semi detached in character.
History
3. Planning history for the site includes:
79/2352/P outline application for erection of two detached bungalows with garages on approx. 0.71 of an acre of land the Application was subsequently refused on the basis that the site is proposed for public open space in the draft proposals plan of the Armthorpe, Edenthorpe, Kirk Sandall, Barnby Dun and adjoining areas district plan and the residential use of the site would be in conflict with that zoning
In addition it was considered that the proposal would constitute the over-intensification of use of the existing substandard driveway which is considered inadequate to serve additional residential development parish council - objection - opposes the application on the grounds that it is contrary to the district plan proposals objections have been received from neighbours a petition was received but only related to possible expense that might fall upon residents for the maintenance of the access the site was visited by the vice-chairman and a local member on 10th June 1980.
Furthermore it was considered that the site of the proposal was located to the rear of and in close proximity to existing residential properties and if approved would result in a loss of amenity and privacy to the occupants of these surrounding dwellings.
83/0623/P outline application for erection of three bungalows on approx. 0.75 acre of land Application was refused on the basis that the proposal would constitute the over intensification of use of the existing substandard driveway which is considered inadequate to serve additional residential development. Parish council - object to the proposed development on the following
The site of the proposal is located to the rear of and in close proximity to existing residential properties and if approved would result in a loss of amenity and privacy to the occupants of these surrounding dwellings. Development Plan Allocation
4. The site is located within Open Space Policy Area as defined by the Doncaster Unitary Development Plan (1998). The site lies within the settlement boundary and surrounded on all sides by Residential Policy Area.
Consultation Responses
1. Highways Development Control - No objections, subject to conditions.
2. Environment Agency - No objections.
3. National Grid - No response received.
4. Yorkshire Water - No observations.
5. DMBC Drainage - No objections, subject to conditions.
6. DMBC Environmental Policy Group – No Objections
7. Pollution Control – No objections subject to conditions
8. Environmental Planning Group (Trees) – No Objections
9. National Grid – No objections.
10. Internal Drainage Board – No objections
11. Yorkshire Water – No objection
12. Neighbourhood Manager for Rossington
Publicity Responses
5. This application has been advertised in accordance with Circular 15/92. The application has been advertised in the press, by a site notice, and individual notification letters that were sent to 27 local addresses. Letters from 20 households were received objecting to the development. The objection letters raised concerns regarding the loss of privacy and outlook to properties on The Crescent, Eden Grove and Thorne Road. Other issues related to the proposal significantly overlooking the rear of their dwellings which in turn creates a lower standard of living environment. The past experience of bats on site is also a concern of several of the residents. In addition, representations have been received in relation to the loss/impact on the pathway leading to and adjacent to the site. A number of the residents have made reference to an article published in the Doncaster Star on the 28th of November 1997 relating to the disposal of toxic waste on the site. Other issues raised are as follows:
- Safety of School Children - The proposal would result in an increase of cars to the detriment of the surrounding area Assessment of Proposal
1. The site is within a within an Open Space Policy Area the Doncaster Unitary Development Plan 1998 and therefore policies RL1 & RL5 are relevant. Policies PH11, PH13, PU 5, ENV52 and T5 are applicable as the development is for housing. In addition national Policy PPS1 and PPS3 are applicable.
Principle of Residential Development within Open Space Policy Area
2. Policy RL1 places great importance on urban open spaces and states that development will not be permitted for purposes other than outdoor recreation, allotments, nature conservation and cemetery uses. Development for other purposes will only be permitted in exceptional circumstances. Therefore, as residential development is not listed within the acceptable uses, the proposed development does not strictly accord with policy RL 1. However, exceptional circumstances have been demonstrated to show that loss of the Open Space Policy Area can be justified as it is unlikely that the land would become usable open space as it is in private ownership and given the councils reluctance to formally acquire the land for the purpose of Public Open Space. As such it is considered that the site is suitable for residential development given its location within the Residential Policy Area.
3. Policy RL 5 (36) allocates specific sites that will be developed as open space for recreation purposes. It states that this particular site is classed as Informal Public Open Space and that that it is proposed for improvements to the untidy site to provide local amenity. The guidance that accompanies the policy states that the most of the sites allocated will be developed as and when resources allow or as integral elements of developments such as housing. It also states that all of the sites will be safeguarded for recreational purposes. It also states that within the life of the UDP additional areas of open space will be identified, designated and safeguarded as part of new developments or as opportunities arise.
4. The site was identified in the Unitary Development Plan, which was adopted more than 20 years ago, whilst the policy guidance states that the site should be safeguarded for recreational purposes the development has not come forward as useable open space or enhanced for recreational purposes in the last 20 years, as such it is unlikely that it is going to. The Environmental Policy Officer states that she does not like to lose open space, especially in areas that are deficient however that the site is unsuitable for development as open space and having spoken to the Neighbourhood Manager for Rossington who confirmed that it is unlikely that the land is to be purchased by the Council. Therefore, it is reasonable to consider the use of the site for the next best use, which in this area, would be residential development with the benefit of a commuted sum be made to the Council to purchase other open space or enhance existing areas of formal open space.
Land Use and Density
5. Policy PH11 of the Doncaster Unitary Development Plan (1998) states that within Residential Policy Areas, development for housing will normally be permitted except where the development would be at a density or of a form that would be detrimental to the character of the surrounding area or would result in over-intensive development of the site. 5 dwellings on approximately 0.28ha of land represents a density of 18 dwellings per hectare. This is below the national indicative minimum of 30 dwellings per hectare, as advocated in PPS3. Although this is a relatively low density development, it is considered that the proposal represents development consistent with those in the immediate surrounding area. As such the proposed density represents an efficient use of land whilst at the same time respecting the character of housing in the surrounding area and will contribute towards the provision of housing land supply.
Character and Layout
6. Proposals for new residential development within allocated Residential Policy Areas are required to comply with Policies PH11 and PH13 of the Doncaster Unitary Development Plan (1998). In general, these policies seek to ensure that new development is acceptable in terms of density and layout, design, relationship with neighbouring properties, parking and amenity space.
7. The character of the immediate area comprises a mix of different house types. The predominant house types are 2 storey semi detached properties (laying to the north east, east and south application site) together with two-storey detached and semi-detached dwellings (lying to the west). The current planning application proposes detached properties similar in design to those lying adjacent to Thorne Road maintaining the character of the surrounding properties along Thorne Road and complying with policy PH 11. Whilst the details submitted with the proposal are indicative they should informal the final details of the development
Design Standards
8. Policy PH13 relates to design standards in new developments and states that consideration should be given to design issues, including layout, privacy, aspect, and the provision of private and or communal garden space, and parking/garage space. Policy ENV52 of the Doncaster Unitary Development Plan relates to the design of new buildings and states that new buildings should respect their townscape and landscape setting with layout, siting, form, scale, detailing and materials being appropriate to the character of the surrounding area and any adjoining properties. The Borough Council will reject obviously poor designs, which are out of character with their surroundings. It is further stated that all buildings should be designed and located to ensure adequate standards of privacy, daylight, sunlight, energy conservation and noise attenuation for occupiers of nearby properties and for occupiers of the proposed development.
9. The proposed layout has been designed to avoid any adverse impact on the amenity of neighbours. The indicative plan shows that the buildings can adequately fit onto the site. The indicative plan also shows the layout of the properties and that the they can achieve a good practice separation distance of 21m both internally between dwellings fronting each other and externally against the proposed dwellings and existing properties.
10. The indicative proposal also provides a sufficient level of amenity space for each dwelling in relation to their footprint and in keeping with that of surrounding properties. The development proposes a turning area and garaging facilities together with adequate levels off road parking. The proposal is therefore, considered to accord with Policy PH11 and PH13 of the Doncaster Unitary Development Plan, adopted in 1998. The layout, siting and form is also in accordance with Policy ENV 52 for the reasons previously stated under Policy PH13. An appropriately worded condition is suggested with regards to the submission of material samples being submitted to ensure the materials are appropriate for the area.
Highways
11. Policy T5 relates to highway safety and states that the Borough Council will seek to ensure that any proposals for new development are located where traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion or amenity. Access into the proposed development is to be taken off The Crescent into the site. The original plan has been significantly altered to include the removal of an extension to number 7 The Crescent. This has resulted in an ‘overrun’ area that can be utilised by refuge or emergency vehicles that may need to access the site. In addition to this, a clearly designated, 2.0m pedestrian walkway has been identified with a zebra crossing as it has been acknowledged that the area is used by children attending Edenthorpe Hall First and Middle School.
12. Parking within the site is indicated as 2 parking spaces per dwelling as well as private garages as part of the scheme. Original plans submitted by the applicant resulted in a scheme that could not support large refuge vehicles or emergency vehicles as a result of the width of the access road and the designated turning area. Subsequent amended plans sought to rectify this and have resulted in a widened access to accommodate these necessities. Upon receiving the revised access scheme it was considered that the resulting access provided a hard engineering and visually intrusive access and as such measure were taken to soften the visual impact and provide amenable space for both pedestrians and vehicles. As a result of these amendments Highways Development Control have raised no objections to the proposal subject to conditions being attached to planning permission.
Other Issues
13. Objections raised against the proposal included the possible habitation of bats located on the site. Having assessed the site it is the view of The Councils Ecologist Planner that given the plant species on site the area has been historically wooded. In addition to this there are previous records of bats in the area and vegetation on the land may provide opportunities for foraging bats and as such a condition is recommended to require the siting of bat boxes and bat bricks to be incorporated into the buildings across the site.
14. Several objections have been raised against the possibility of Toxic Material being deposited on the site. Having consulted with Pollution Control and Contaminated Land department, it has been confirmed that while there is no indication on the historic maps of previous industrial use, it has been strongly recommended that prior to commencement a full site investigation is carried out. A condition has been recommended should Members resolve to grant planning permission.
15. Policy PU 5 deals with land drainage. The site is not located in an area at risk of flooding or serious issues relating to the disposal of surface water. The Environment Agency have been consulted and raise not objections. The Council’s Drainage Officer has not raised any concerns with regards to the development of the site however, should Members resolve to grant planning permission it is recommended that conditions relating to details of disposal of foul and surface water be submitted to the Council for approval. Section 106 Agreement
16. A section 106 agreement has been drafted as a result of the proposals siting. As previously stated the proposal lies within Open Space Policy Area and as such a commuted sum would be necessary in order to mitigate the loss of the open space. It has been recommended that 15% of the land value be paid to the Council prior to commencement.
Summary
17. The main issue arises as a result of the loss of open space. It is considered that although there would be a loss of open space the land is within private ownership and is currently unused and unlikely to come forward as usable as open space. The land is unlikely to be purchased by the Local Planning Authority and as such it is considered that the proposal is acceptable, on balance, taking into account of all the material planning issues it is considered that the proposal is acceptable.
18. Although the density of the development is lower than that national indicative minimum it is considered on balance that the application is acceptable, as it would not be significantly detrimental to the character of the area and makes efficient use of land. The scheme has been designed to minimise any loss of amenity to surrounding residential properties. There will be no significant impact on the highway network and the level of parking and amenity space is considered acceptable. The site is also well served by public transport and local services.
19. In light of the above the application is viewed favourably and recommended accordingly.
RECOMMENDATION
PLANNING COMMITTEE RESOLVE TO GRANT PLANNING PERMISSION FOR THE PROPOSED DEVELOPMENT, SUBJECT TO THE COMPLETION OF AN AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 IN RELATION TO THE FOLLOWING MATTERS:
A) A sum equivalent to 15% of the residential land value shall be paid to the Council in lieu of Public Open Space provision prior to commencement of work on the site.
THE HEAD OF PLANNING SERVICES BE AUTHORISED TO ISSUE THE PLANNING PERMISSION ON COMPLETION OF THE AGREEMENT.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence. RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO SECTION 106 LEGAL AGREEMENT
01. U19280 The development to which this permission relates must be begun not later than whichever is the later of the following dates:- i The expiration of three years from the date of this permission or ii The expiration of two years from the final approval of the reserved matters or in the case of different dates the final approval of the last such matter to be approved. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.
02. U19281 In the case of the Reserved Matters application for approval must be made not later than the expiration of three years beginning with the date of this permission. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.
03. U20040 Approval of the details of the appearance, scale and landscaping (hereinafter referred to as reserved matters) shall be obtained from the Local Planning Authority before the commencement of any works. REASON The application is in outline and the matters referred to in the condition are reserved matters for subsequent approval by the Local Planning Authority in order that they may be satisfied with the details of the proposal.
04. U19283 Details of all unbuilt areas, boundary walls and fences shall be submitted to and approved by the Local Planning Authority before the development hereby permitted is commenced, and such details as approved shall be completed before the buildings, or any parts thereof are occupied or used. REASON In order that the Council may be satisfied as to the details of the proposal.
05. U19284 No development shall take place on the site until details of a landscaping/planting scheme have been agreed in writing with the Local Planning Authority. This scheme shall indicate all existing trees and hedgerows on the site, showing their respective size, species and condition. It shall distinguish between those which are to be retained, those proposed for removal and those requiring surgery. The scheme should also indicate, where appropriate, full details of new or replacement planting. All planting material included in the scheme shall comply with Local Planning Authority's 'Landscape Specifications in Relation to Development Sites'. Planting shall take place in the first suitable planting season, following the commencement of the development. Any tree or shrub planted in accordance with the scheme and becoming damaged, diseased, dying or removed within five years of planting shall be replaced in accordance with the above document. REASON To ensure that replacement trees are of a suitable type and standard in the interests of amenity.
06. U19285 No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being accepted and approved by the Local Planning Authority (LPA), unless otherwise agreed in writing with the LPA.
a) The Phase I desktop study, site walkover and initial assessment must be submitted to the LPA for approval. Potential risks to human health, property (existing or proposed) including buildings, livestock, pets, crops, woodland, service lines and pipes, adjoining ground, groundwater, surface water, ecological systems, archaeological sites and ancient monuments must be considered. The Phase 1 should include a full site history, details of a site walkover and initial risk assessment. The Phase 1 should propose further Phase 2 site investigation and risk assessment works, if appropriate, based on the relevant information discovered during the initial Phase 1 assessment.
b) The Phase 2 site investigation and risk assessment, if appropriate, must be approved by the LPA prior to investigations commencing on site. The Phase 2 investigation should including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a quality assured sampling and analysis methodology and current best practice. All the investigative works and sampling on site, together with the results of analysis, and risk assessment to any receptors shall be submitted to the LPA for approval.
c) The Phase 3 remediation report, if appropriate, should be approved by the LPA prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site MUST not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation.
d) The approved Phase 3 remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The LPA must be given two weeks written notification of commencement of the remediation scheme works. If during the works contamination is encountered which has not previously been identified then all associated works should cease until the additional contamination is fully assessed and an appropriate remediation scheme agreed with the LPA. e) Upon completion of the Phase 3 works, this condition shall not be discharged until the Phase 4 verification report has been submitted to and approved by the LPA. The verification report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the verification report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all verification data has been approved by the LPA REASON To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to Planning Policy Statement 23- Planning and Pollution Control.
07. U19286 Should any unexpected significant contamination be encountered during development all associated works should cease, and the Local Planning Authority (LPA) be notified in writing immediately. A Phase 3 remediation report shall be submitted to the LPA for approval. The associated works shall not re-commence until the report has been approved. Following such works all the data in accordance with the Phase 3 remediation must be submitted to the LPA in as a Phase 4 verification report, the site shall not be brought into use until such time as all verification data has been approved by the LPA REASON To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to Planning Policy Statement 23- Planning and Pollution Control.
08. U19287 Any soil or soil forming materials brought to site for use in garden area, soft landscaping, filing and level raising shall be tested for contamination and suitability for use on site. Proposals for contamination testing including testing schedules, sampling frequencies and allowable contaminant concentrations (as determined by appropriate risk assessment) and source material information shall be submitted to and approved in writing by the LPA prior to any soil or soil forming materials being brought onto site. The approved contamination testing shall then be carried out and verification evidence (laboratory certificates,etc) submitted to and approved in writing by the LPA prior to any soil and soil forming material being brought on to site. REASON To secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to Planning Policy Statement 23- Planning and Pollution Control.
09. U19288 A biodiversity enhancement scheme shall be submitted to and approved in writing by the LPA. This shall include details of the following: 1. A plan showing the current location of bluebell present on site and details of how these area to be retained or relocated and incorporated into the landscaping on site. 2. The Siting of bat boxes and bat bricks to be incorporated into buildings across the site. 3. Provision of bird boxes on site. 4. Details of the native species to be uses in landscaping features across the site that will provide new nesting opportunities for birds REASON To ensure the biodiversity interest of the site is maintained
10. U19282 Before the development commences, samples of the proposed external materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials. REASON To ensure the satisfactory appearance of the development.
11. HM13A Before the development is brought into use that part of the site to be used by vehicles shall be laid out and surfaced in a bound, permeable material and marked out in a manner to be approved by the Local Planning Authority and shall thereafter be maintained. REASON To ensure surface water is disposed of in accordance with best practice of sustainable drainage, encourage drivers to make use of the parking space and ensure that the use of land for this purpose will not give rise to mud hazards at the entrance/exit points in the interests of the public safety.
12. HW23 The vehicle turning space shall be constructed as defined on the approved plans before the development is brought into use and shall thereafter be maintained in a condition to the reasonable satisfaction of the Local Planning Authority. REASON To avoid the necessity of reversing a vehicle on to or from the highway thus creating an unnecessary dangerous situation.
13. U21400 Prior to commencement of the development, details of the methods of disposal, for both surface water and foul drainage, shall be submitted to and agreed in writing by the Local Planning Authority. The developer shall be aware that the preferred option would be for Sustainable Drainage Systems, should this not be proposed, a detailed explanation of any alternative option shall be submitted along with reasons for rejecting a Sustainable Drainage System. REASON To ensure that the site is adequately drained in a sustainable manner 14. U21401 Prior to commencement of the development, ground permeability tests shall be carried out in accordance with BRE 365 and the certified results shall be submitted and approved in writing by the Local Planning Authority. REASON To ensure that the proposed site is capable of acting as a soakaway in a manner that is acceptable to the Local Planning Authority.
15. U21419 The development hereby granted shall be carried out in complete accordance with the details shown on the amended plans referenced and dated as follows: Site Plan 2 December 2009;. REASON To ensure that the development is carried out in accordance with the application as approved.
01. U03574 INFORMATIVE The developer shall consider incorporating all possible sustainability features into the design of the proposed development.
02. U03575 INFORMATIVE The proposed development lies within a coal mining area. In the circumstances Applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to effect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk.
03. U03576 INFORMATIVE The applicant is advised that the development is within a Ground Water Protection Zone and as such the Environment Agency should be consulted in order to comply with the Water Resources Act 1991.
04. U03578 INFORMATIVE Birds may be nesting on site either on the ground or in the vegetation on site. It is an offence under the Wildlife and Countryside Act 1981 (as amended) to disturb nesting birds, and vegetation removal should be timed therefore to avoid the nesting season (March to August inclusive). Where this is not possible a suitably qualified ecologist should check the site for nesting birds no more than 48 hours prior to clearance. Any nests that are found would need to be left undisturbed until the chicks fledge and leave the area. Schedule No: 3.
Application No: 09/02092/FUL
Ward Torne Valley Parish Tickhill Parish Council
Proposal Erection of 2no wind turbines (15m high). (Being a resubmission of application withdrawn under ref: 08/03067/FUL on 09.12.2008)
Location Sanmet Limited Adjacent, 110 Sunderland Street, Tickhill, Doncaster
Applicant Mr Duncan Donald
Agent Mr Sean Robb
Date of Valid Application: 10th September 2009
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MAIN POINTS OF REPORT
* This application is being presented to the Planning Committee as the proposal is a departure from the Doncaster Unitary Development Plan (adopted 1998).
* The site is located within Green Belt Policy Area as defined by the Doncaster Unitary Development Plan (adopted 1998).
* The proposal seeks planning permission for the erection of two 15m high wind turbines at land at Sanmet Limited adjacent 110 Sunderland Street, Tickhill.
* There has been one letter of objection received from a neighbouring resident.
* The majority of consultees have raised no objections, the parish council have objected to the development.
* Planning policy relevant to the determination of this application includes; ENV3 - Green Belt, SPU2 and PU3 - Renewable Energy of the Doncaster Unitary Development Plan 1998 and S5 - Climate Change, S6 e) - Renewable energy generation targets and R12 a) - Sub- regional capacity targets for renewable energy of the Regional Spatial Strategy and Planning Policy Guidance PPG2: Green Belt, Planning Policy Statements PPS7: Sustainable Development in Rural Areas and PPS22: Renewable Energy.
* Government policies strongly support the need for renewable energy resources to combat climate change and Government guidance indicates that considerable weight should be given to the wider benefits of renewable energy. * Government guidance indicates that wind farms are not necessarily incompatible with the objectives of Green Belt designation.
* In summary the proposal is considered acceptable as the harm of the proposed turbines on the Green Belt and character of the surrounding landscape is outweighed by the wider environmental and economic benefits. The siting of the turbines ensures little impact on residential properties and no impact on highway safety. The proposal is therefore acceptable, subject to adherence to the attached conditions.
RECOMMENDATION -
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
Doncaster Unitary Development Plan (UDP) Policies
ENV3 - Green Belt SPU2 - Renewable Energy PU3 - Renewable Energy
Regional Spatial Strategy (RSS) Policies
S5 - Climate Change S6 e) - Renewable energy generation targets R12 a) - Sub-regional capacity targets for renewable energy
Government Guidance
Planning Policy Guidance 2 - Green Belts Planning Policy Statement 7 - Sustainable Development in Rural Areas Planning Policy Statement 22: Renewable Energy Planning for Renewable Energy: A Companion Guide to PPS22 Energy White Paper: Our energy future - creating a low carbon economy The Energy Challenge: Energy Review Report 2006 2. For the following reasons:
Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed development is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the adopted UDP and the RSS, taken together with advice in the relevant national planning policy guidance, justifies wind turbine development in this location on the scale proposed.
It is considered that the harm of the proposed turbines on the Green Belt and the character of the surrounding landscape are outweighed by the wider environmental and economic benefits. The siting of the turbines ensures little impact on residential properties and no impact on highway safety. The proposal is therefore acceptable, subject to adherence to the attached conditions.
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Introduction
1. The application is being presented to committee because it is a departure from the Doncaster Unitary Development Plan (adopted 1998).
2. The application seeks permission for the erection of two 15 metre high towers with 30 kw wind generators at the top of both towers. The wind generators will have a 15 metre diameter with a three sail rotor. The proposed turbines are to be located on land to the rear of Sanmet Limited adjacent 110 Sunderland Street.
Site and Surroundings
1. The site is located to the east of Paper Mill Lane, off Bawtry Road (A631), which is the main approach into Tickhill from Bawtry, and is located to the east of the A1 (M). The site is surrounded by highway, industrial and commercial premises and agricultural land. The site is currently open, redundant, agricultural land and continues to the north and east of the site. To the west of the site is the A1 motorway which is set on a >10m high embankment. There is also a footpath that runs to the west of the site to the side of the motorway embankment. The development site is set behind the existing Sanmet offices. To the south east of site is a telecommunications tower. The nearest residential dwelling is set 60m on the opposite side of Sunderland Street and the closest residential street is set 95m away on the opposite side of the A1 motorway.
History
Relevant planning history includes;
1. 02/1829/P - ERECTION OF SINGLE STOREY OFFICE EXTENSION (2.3M X 1.5M) Granted 20.06.2002. 08/03067/FUL - Erection of 2no wind turbines (25.5m high). Withdrawn 24.10.2008. Development Plan Allocation
1. The site is located within the Green Belt as defined by the Doncaster Unitary Development Plan, adopted in 1998. Policies ENV3 - Green Belt and PU3 - Renewable Energy is relevant.
Consultation Responses
1. Parish Council - Object, feel the siting and height of the proposed turbines will impair the visual aspect of the area and be out of keeping.
2. Ministry of Defence - No objections subject to conditions.
3. Environmental Services Wind Turbines - No objections.
4. National Grid - No objections.
5. Directorate of Airspace Policy/Civil Aviation Authority - Advised of potential impact on Doncaster Sheffield Airport and recommended consultation direct with airport.
6. Airport Planning - No safeguarding objections/comments to the proposal.
7. Natural England - No objection subject to conditions.
8. Highways Agency - No objections subject to conditions.
9. Environmental Planning (Landscape) - No objections.
10. Environmental Planning (Ecology) - No objections, happy with the scope of the ecological survey that has been provided and agree that there is no need for further survey work to be undertaken.
11. National Air Traffic Services - No objections.
12. Tickhill Internal Drainage Board - No objections subject to conditions.
13. Design and Conservation Officer - No objections raised.
Publicity Responses
1. The application was advertised by means of letters to the nearest neighbouring properties, the displaying of a site notice near to the site and advertisement in the local press. This is in accordance with Circular 15/92 Publicity for Planning Applications.
2. One letter of representation was received regarding the application raising concern with the proposal being out of character with the historic image of Tickhill and is considered to be too close to both private and commercial properties. There was also concern regarding the turbines creating a distraction to traffic on the motorway and creating noise pollution. Assessment of Proposal
1. The application seeks permission for the erection of two 15 metre high towers with 30 kw wind generators. The wind generators will have a 15 metre diameter with a three sail rotor. The proposed turbines are to be located on land to the rear of Sanmet Limited adjacent 110 Sunderland Street. The site is within the Green Belt of defined by the Doncaster Unitary Development Plan Adopted 1998.
Green Belt
2. Policy ENV 3 states that within the Green Belt, as defined on the proposals map, development will not be permitted, except in very special circumstances, for purposes other than agriculture and forestry, outdoor sport and recreation, cemeteries, limited infilling in existing villages, re-use of existing buildings and limited extensions and alteration to existing dwellings. Development proposals falling within categories a) to f) will only be acceptable in principle where they would not be visually detrimental by reason of their siting, materials or design, and would not give rise to unacceptable highway or amenity problems and would not conflict with other policies of the UDP.
3. Wind turbines are not specifically listed in Policy ENV3 as an acceptable use, therefore such development would be contrary to Green Belt policy, unless very special circumstances can be demonstrated. Very special circumstances to permit the development will not exist unless the harm is clearly outweighed by other considerations. It is therefore considered that very special circumstances exist as the proposal, whilst being visible within the Green Belt, will generate renewable energy.
4. Planning Policy Statement 22 (PPS22), and the Companion Guide to PPS 22, set out the Government's policies for renewable energy, which planning authorities should have regard to when preparing local development documents and when taking planning decisions. PPS 22 states that, increased development of renewable energy resources is vital to facilitating the delivery of the government's commitments on both climate change and renewable energy. Positive planning which facilitates renewable energy developments can contribute to all four elements of the government's sustainable development strategy. The wider environmental and economic benefits of all proposals for renewable energy projects, whatever their scale, are material considerations that should be given significant weight in determining whether proposals should be granted planning permission. The guidance sets out key principles for planning bodies in their approach to planning for renewable energy and, overall, it is quite clear that national policy is to promote renewable energy.
5. PPS 22 states, "When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development, which may impact on the openness of the Green Belt. Careful consideration will therefore need to be given to the visual impact of projects, and developers will need to demonstrate very special circumstances that clearly outweigh any harm by reason of inappropriateness and any other harm if projects are to proceed." The guidance goes on, however, to state, "Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources."
6. The output from the turbines will be exported using two export meters which will be tied to the National Grid. Therefore it is considered that the development, whilst being visible within the Green Belt and therefore having some impact on its openness, will have wider environmental benefits created by the production of energy from this renewable resource and will therefore outweigh the potential harm. The proposal is therefore considered to accord with policy ENV 3 of the Doncaster Unitary Development Plan, PPG 2: Green Belts and PPS 23: Sustainable Development in Rural Areas.
Location
7. Policy PU3 states that proposals for wind turbines will be viewed favourably provided that (c) the location makes the best use of topography in ameliorating the visual impact of the turbines.
8. The proposed turbine is to be sited to the rear of the Sanmet Limited offices on redundant agricultural land. The closest residential properties are sited on the west side of the A1 motorway. There are a collection of commercial properties to the south of the site on the opposite side of Sunderland Street. There is also a garden centre to the east of the site some 200m away. The site is most visible on the approach into Tickhill from Bawtry along Sunderland Street which is lined with mature trees leading up to the motorway bridge. The site is also visible from Stripe Road on the approach to Tickhill Spital from Rossington. Close to the site are tall mature trees both along the motorway embankment and the boundary fronting Sunderland Street, there is also a lattice type telecommunication tower set to the east of the Sanmet Offices on the boundary fronting Sunderland Street. As a result of the surrounding development situated on the landscape, the proposal is considered to comply with policy PU3 (c) as it is considered that any significant visual harm to the surrounding area is adequately mitigated. Furthermore, no objections have been received from the Landscape Planning Officer as it is considered that the proposals have a domestic scale.
Design
9. Policy PU3 states that proposals for wind turbines will be viewed favourably provided that (d) the design and colour of the tower and blade of the turbine minimise their visual impact.
10. The blade, turbine body and tower are to be coloured off white. There have been no objections from the Landscape Officer with regard to the colour, it is therefore considered the design and colour will be traditional for a wind turbine and therefore will have a degree of visual impact on the surrounding area, however not to a degree that is deemed to have a negative impact, due to their scale.
Noise and Amenity
11. Policy PU3 states that proposals for wind turbines will be viewed favourably provided that (b) the location creates no unacceptable amenity or noise problems for local residents.
12. The nearest residential dwelling is set 60m on the opposite side of Sunderland Street and the closest residential street is set 95m away on the opposite side of the A1 motorway. Due to the location of the turbines next to the motorway and busy A631 (Sunderland Street), it is considered there will be little further effect on the surrounding area with regard to noise pollution. There have been no objections received from Environmental Services - Wind Turbines Officer. The application is therefore, considered to accord with policy PU 3 (b). Highways
13. Objections have been made in relation to highway issues, including the suggestion that the turbines will be a distraction to drivers. The Highways Agency has been consulted as part of the application and a detailed response was received. The Highways officer considered structural safety, driver distraction and shadow flicker. The position of the turbine meets the safe distance required in the unlikely even of structural collapse to ensure no effect on the highways network. The Highways Agency stated that there is no evidence that driver distraction occurs. Having reviewed the Highway's Agency's video of the network adjacent the site they are satisfied that substantial forward visibility of the turbines from both directions will prevent the 'surprise' appearance of the turbines for vehicles on the network. Also considered with respect to driver distraction is the issue of shadow flicker occurring due to the movement of the blades. However, the section of the A1M where this could possibly occur is within a cutting and therefore sheltered from these effects. The application is therefore considered to accord with policy T5.
Aviation
14. A number of technical bodies, including Robin Hood Airport, the Civil Aviation Authority, National Air Traffic Control, and the Ministry of Defence, have been consulted and no objections, subject to appropriate conditions, have been made on aviation grounds.
Impact on Conservation Area
15. Concern has been raised by the objector that the proposed turbines are to be sited on the approach to Tickhill and will therefore impact on the historic nature of Tickhill. The approach to Tickhill along the A631 from Bawtry is lined with mature trees and on both sides of Sunderland Street before the motorway bridge on the approach into Tickhill there are garden centres and other commercial uses. It is therefore considered that the turbines will not have any further negative impact on the approach into the village. The tips of the blades will be seen over the motorway when looking from the village out towards the green belt however the view will be impaired by trees. Furthermore, no objections have been raised by the Design and Conservation Officer.
Summary
16. In summary, it is considered that whilst the turbines may represent an alien structure on the landscape, which is not strictly in accordance with acceptable development within the Green Belt, the harm of the proposed turbines on the Green Belt is outweighed by the wider environmental and economic benefits. The siting and scale of the turbines ensures little impact on residential properties and no impact on highway safety. Therefore, it is considered that the proposed development is acceptable, subject to adherence to the attached conditions.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES
01. SB021 The development to which this permission relates must be begun not later than the expiration of three years beginning with date of this permission. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.
02. U21364 A distance of at least 28.1m shall be maintained between the base of any turbine and the nearest boundary with the strategic road network. REASON To ensure a safe distance is maintained from the highway network in the event of structural collapse.
03. U21365 No development shall commence until a habitat mitigation and enhancement scheme is submitted to and approved in writing by the Local Planning Authority. Development shall then be carried out in accordance with the approved details. REASON To improve the ecological value of the site.
04. U21366 Prior to the commencement of the development hereby approved, a plan for the removal of Japanese knotweed, following Environment Agency guidelines should be submitted to the Local Planning Authority for approval. Development shall then be carried out in accordance with the approved details. REASON To ensure the knotweed is disposed of correctly.
05. U21367 No development shall commence until a scheme for the provision of surface water drainage works has been approved by the Local Planning Authority in consultation with the Internal Drainage Board. Any such scheme shall be implemented to the reasonable satisfaction of the Local Planning Authority before the development is brought into use. REASON To ensure site properly drained.
06. U21368 The Ministry of Defence shall be notified of the date of when construction starts and ends, the maximum height of construction equipment and the latitude and longitude of every turbine. REASON In the interests of aviation safety. 07. U21369 Any scrub or trees that are to be removed or thinned should be checked prior to works commencing prior to works commencing if development is to proceed within the bird nesting season (March through to August). REASON In the interests of preserving habitat.
01. U03562 INFORMATIVE
The responsibility for the continued maintenance of any such watercourse and its banks rests ultimately with the riparian owners.
02. U03563 INFORMATIVE
Under the terms of the Land Drainage Act. 1991 and the Board's Byelaws, the prior written consent of the Board is required for any proposed works or structures in, under, over or within 9 metres of the top of the bank of any watercourse.
03. U03564 INFORMATIVE
As a precaution it is recommended that care should be taken in case any animals use the site as a foraging run. Open pits should have a plank leaned up against the side to allow any mammals to escape should they fall in.
04. U03565 INFORMATIVE
The ash tree at the far north-east of the site has some potential as a summer roost site. If any pruning or felling works are to be conducted on this tree a survey for bats shall be conducted.
05. U03566 INFORMATIVE
The small compost area at the far north-east of the site. There is a small chance that reptiles could use this (particularly slow worm). If this is to be disturbed it should be checked by an ecologist beforehand. 06. IQ171 INFORMATIVE The developer shall consider incorporating all possible sustainability features into the design of the proposed development.
07. ICOAL INFORMATIVE The proposed development lies within a coal mining area. In the circumstances Applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and its and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to effect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk. Schedule No: 4.
Application No: 09/02674/3FUL
Ward Adwick Parish
Proposal Construction of new rear access road, formation of domestic curtilages from existing land with erection of 1.2m high rear boundary walls and associated works to the area (being application under Regulation 3 Town and Country Planning (General) Regulation 1992)
Location Rear Of 44-20 East Avenue, 95-135 The Crescent, 7-29 Green Lane And 19-37 Central Avenue, Woodlands, Doncaster, South Yorkshire
Applicant DMBC - Housing Regeneration
Agent DMBC - Technical Services
Date of Valid Application: 30th October 2009
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MAIN POINTS OF REPORT
* This application is being presented to Members as the application has been submitted by the Local Authority as some of the works to be carried out are to properties outside their own ownership.
* The site is located within Woodlands Conservation area, there are Grade II Listed Buildings that are within the site area. Policies ENV 25 and ENV 34 are applicable.
* The site lies within a Priority Treatment and Environment Improvement site. Policies ENV 68 and PH17 are applicable.
* No objections have been raised from Consultees.
* The proposal will regenerate the area; improve the well being of communities as well as having a long-term positive contribution of the quality and safeness of the area. The 'Green Corridor' funded improvement which commenced in late 2007, other applications have been approved for the same proposal on other square's within Woodlands. (Square 2 and 9 in 2007, Squares 1 and 3 2008).
RECOMMENDATION - PLANNING PERMISSION BE GRANTED MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission :-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
PH17 - Priority Treatment in Existing Residential Areas ENV25 - Conservation Areas ENV68 - Environmental Improvement Site
2. For the following reasons:
It is considered that the proposal is acceptable as it is in accordance with the relevant development plan policies and the proposal will not be significantly detrimental to neighbouring properties and land and will not detract from the visual amenities of the locality. The proposal will accord with the above-mentioned policies and provide an enhanced living environment.
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Introduction
1. This application seeks full planning consent for works to improve the appearance and access provision for Square 8 of the Woodlands Model Village. Square 8 represents phase 3 of the Green Corridor improvement works. The proposed works include the formation of a rear gardens, off road parking and a back garden path to each dwelling, relocation of the vehicular accesses to the square and of the roadway within the square, closure of various alley way and tree planting. This in turn reduces central grassed area.
2. The site is land to the rear of properties bounded by East Avenue, The Crescent, Green Lane and Central Avenue. The land is currently used as a combination of informal domestic curtilage and public open space (2.31ha) with a tarmac access road around the perimeter running hard against the rear façade of the properties. Due to this arrangement, the back doors to the properties i.e. those facing the square have, historically been used for all deliveries, post etc with the result that many of the front gardens have been fenced off up to 1.8m high to provide enclosed private amenity space. As such these developments have tended to detract from the overall unity of the original Model village setting.
3. This scheme since being submitted, has been amended to coordinate responses made during the consultation process. The Design and Conservation Team made several requests for amendments to the scheme, which have resulted in amended plans been submitted throughout the planning process. Site and Surroundings
1. Woodlands model village is a relatively well-preserved example of early twentieth-century town planning modelled on the principles of Ebenezer Howard's "garden city" movement. Its architect, Percy Houfton, was also responsible for model villages (again for mining communities) at Cresswell and Bolsover. Its spacious, low-density design was innovative at the time.
2. The whole of Woodlands model village was designated as a Conservation Area in 1979. A number of houses and public buildings are also Listed.
3. The north half of the village occupies a roughly rectangular site. Set within this is a geometric pattern of streets radiating from a central avenue and interlinked by the horseshoe of The Crescent. The houses lining these streets back on to large grassed areas known as "Squares". The "Square" (Square 8) which is the subject of this planning application lies to the north of Green Lane, south of East Avenue and is situated central east of the village squares.
4. Vehicular access to the Squares is via cranked tarmac drives at the corners. Additional pedestrian access is gained via alley ways between blocks of houses. The alley ways and footpaths also allow views to the grassed area from the roads, contributing to the visual spaciousness of the settlement.
5. Private amenity gardens face onto the existing highway. The owner/occupiers of properties have constructed a variety of boundary treatments approximately two metres in height to provide privacy. The variation and height of these boundary treatments have a negative aspect on the street scene and undermine the quality of the Conservation Area.
History
1. There is no planning history relevant to this Square, however Square 1 and 3 application reference 08/02692/3FUL and 08/02691/3FUL approved at Committee 02.12.2008 - Construction of new rear access road, formation of domestic curtilages from existing land with erection of 1.2m high rear boundary walls and associated works (being application under Regulation 3 Town and Country Planning (General) Regulations 1992)
2. Square 2 and 9 application reference 07/02935/3FUL and 07/02646/3FUL approved at Committee 30.10.2009 - Construction of new rear access road, formation of domestic curtilages from existing land with erection of 1.2m high rear boundary walls and associated works (being application under Regulation 3 Town and Country Planning (General) Regulations 1992)
Development Plan Allocation
1. The site falls within Residential Policy Area of the Unitary Development Plan Adopted July 1998. The policies of which are relevant in this case are PH17: Priority Treatment in Existing Residential Areas, ENV 25: Conservation Areas, and ENV 68: Environmental Improvement Site. 2. Including National Guidance in Planning Policy Statement 1 - Delivering Sustainable Development and Planning Policy Guidance 15 - Planning and the Historic Environment.
Consultation Responses
1. The Council's Design & Conservation Officer states that the scheme is considered acceptable in principle, on account of the overall benefits it is hoped to bring, not only to the Conservation Area and Listed Buildings, but also to living standards. Amendments were sought with regard to the design and materials used in the gating of the alley ways.
2. Highways Development Control - Raised no objections.
3. English Heritage - Raised no objections.
4. South Yorkshire Police (Crime Prevention Officer) - Raised no objections and advised on the suitability of boundary materials of the proposal, these have been taken account of when submitting amended plans.
Publicity Responses
1. The planning application was published by way of site notice and a notice in the local press in accordance with circular 15/92 Publicity for Planning Applications.
2. The proposal is a Pathfinder scheme, which is taken from the DMBC Model Villages Woodlands Pilot Scheme Community Consultation Study (Nov 2006). Extensive consultation has taken place with residents within Square 8 prior to the submission of this proposal.
3. This report has been written prior to the Planning publicity expiry date, therefore any further representations made will be referred to in the pre-committee notes.
Assessment of Proposal
1. The application is subject to Planning Policy Statement 1 (PPS1): Delivering Sustainable Development.
Objectives
2. The proposal is considered to be inline with the objectives of PPS1 in that the works will provide for a more pleasant living environment providing a more balanced community. The applicants have advised that the scheme has been subject to extensive consultation with the community and stakeholders. The proposal is considered to regenerate the area, improve the well being of communities as well as having a long-term positive contribution of the quality and safeness of the area.
3. The site falls within Residential Policy Area of the Unitary Development Plan Adopted July 1998. The area is designated 'Environmental Improvement Site' categorised by policy reference ENV 68. ENV 68 states that the council will seek the improvement of environmentally degraded sites by carrying out landscaping and planting and promoting and encouraging the improvement of private land and buildings 4. This application does exactly that, whereby it is encouraging individual private amenity for each property with high regard for the wider area by carrying out sufficient landscaping and planting to create uniformity, structure and improved appearance within the residential area.
Impact on Conservation Area
5. The site is within Woodlands Model village, which was designated as a Conservation Area in 1979. Therefore, policy reference ENV 25 is relevant. ENV 25 states that new development would be expected to preserve or enhance the character or appearance of the Conservation Area.
6. The proposed development would significantly compromise the original layout of the square, the subtle alignment of footpaths north of Central Avenue and the integrity of the plan of this part of the model village. However, on balance the proposals are considered to be acceptable, from a conservation perspective, on account of the overall benefits it is hoped they would bring, particularly in respect of the potential to halt degradation of the front gardens, which are critical to the character and appearance of the area.
Impact on Listed Building
7. The presence of Listed Buildings increases the need for proposed works through out the development to be of an appropriately high quality. Therefore, policy ENV 34 is relevant. ENV 34 requires that any new development should not adversely affect the setting of a Listed Building.
8. It is felt that the introduction of a timber gates to alley ways (between almost every short block of houses, at the roadside end) would not have an unduly detrimental effect. However, the proposed green-stained fencing and boarded gates to infill would detract from the character and appearance of the Conservation Area by undermining the comparatively green and open character of the Arts and Crafts-influenced design of the model village. This has resulted in amended plans been submitted throughout the planning process.
Impact on Existing Residential Area
9. Policy PH17 is relevant to the consideration of this application. PH17 gives regard to the priority treatment in existing residential areas. The council is committed to establishing higher environmental and housing standards on a priority basis. Special attention will be given to the improvement of dwelling stock, environmental improvements, improved layout and land use arrangements within the locality.
10. Currently private amenity gardens face onto the road. The occupiers of properties have constructed a range of boundary treatments approximately two metres in height to provide privacy. The variation and height of these boundary treatments have a negative aspect on the street scene and undermine the quality of the Conservation Area and Listed Buildings.
11. The proposed development to create a new access road to an adoptable standard 12 meters behind the existing properties is designed to mitigate this problem and is thus considered to be acceptable in principle. 12. The 12 meter space between the newly created road and the rear elevation of the properties will set out individual private amenity space with 1.2m high brick boundary walls and timber dividing fences.
13. There is currently no off street parking. The proposal will result in one off street parking space per dwelling. This will result in a lesser number of people using the road for parking. The communal affects of these works are considered to comply with policy PH17 of the Unitary Development Plan.
Summary
14. In summary, the proposal is recommended for approval. It is considered that the proposal is an appropriate form of development in relation to the Environmental Improvement to the area encouraging individual private amenity space for each property with high regard for the wider area by carrying out sufficient landscaping and planting to create uniformity, structure and an improved appearance within the residential area. The proposal is considered to achieve a balance between detriment to and enhancement of the character of the Conservation Area and not adversely affect the surrounding Listed Buildings.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES
01. SB021 The development to which this permission relates must be begun not later than the expiration of three years beginning with date of this permission. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.
02. PD041 Notwithstanding the provisions of the Town and Country Planning ( General Permitted Development) (Amendment) (No.2) England Order 2008, Article 3, Schedule 2: Part 1: No development shall be carried out on any part of the land other than that hereby permitted without the prior permission of the Local Planning Authority. REASON To ensure that the matters referred to can be the subject of further consideration by the Local Planning Authority in the interests of amenity.
03. U21398 The highways works shall be completed in accordance with the relevant standards as required by the Highways Authority. REASON To ensure that the highway works are constructed to the appropriate standards.
04. VS19 The scheme of landscaping which has been agreed as part of this application shall be begun during the first available planting season following the commencement of the development hereby granted. It shall thereafter be maintained by the site owner for a period of five years. Any tree or shrub planted in accordance with the scheme which becomes damaged or diseased, or dies or is removed within the five years shall be replaced during the next planting season. Any staking, tying, weeding, watering and other action deemed necessary by the Local Planning Authority shall be carried out by the owner in accordance with the Authority's publication 'Landscape Specification in Relation to Development Sites'. REASON To ensure the maintenance of a healthy planting scheme in the interests of amenity.
05. U21403 Notwithstanding the drawings hereby approved, no development shall take place until full details of the height, design, materials and location of all the gates, railings and fencing to be constructed in the gaps between the dwellings have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area.
06. U21404 The height of the gates to be installed in the front boundary walls shall match the height of the existing limestone boundary walls. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area.
07. U21405 The bricks to be used in the construction of the boundary walls hereby approved shall be Ibstock Audley Red Mixture unless otherwise agreed in writing by the Local Planning Authority. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area
08. U21406 The brickwork to the boundary walls hereby approved shall match that of the boundary walls to Squares 2 and 9 in respect of pointing (mortar colour and finish) and coursing. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area. 09. U21407 The art stone to be used in the construction of the gatepier caps shall match that used in the construction of the boundary walls to Squares 2 and 9, unless otherwise agreed in writing by the Local Planning Authority. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area.
10. U21408 All existing limestone walls identified on the drawings hereby approved as to be removed shall be carefully dismantled and the stone retained for re-use. The stone shall immediately be stored in a secure store protected from damage (including impact damage and staining from damp ground) until such time as it is re-used in the construction of the new limestone walls hereby approved. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area.
11. U21409 The coursing, pointing and copings to be used in the reconstruction of the limestone boundary walls where existing alley ways are to be removed shall match that of the existing limestone walls. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area.
12. U21410 Prior to the commencement of work, samples of the concrete blocks or cobbles to be used in the construction of the mowing strip surrounding the central landscaped area shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area.
13. U21411 The kerbs to be used in the construction of the footpaths and highways hereby approved shall match those installed in Squares 2 and 9 unless otherwise agreed in writing by the Local Planning Authority. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area.
14. U21412 Prior to the commencement of work, full details of all Highways road markings, colourings and signage shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area.
15. U21413 The knee rails and bollards hereby approved shall be painted or finished in black. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area.
16. U21414 Prior to the commencement of work, samples of the paving materials to be used in the construction of the domestic paths and patios hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON In the interests of the setting of the Grade II Listed buildings and the character or appearance of the Conservation Area.
17. U21415 Prior to the commencement of work, a full professional photographic record of the Square in general and of its accesses and alley ways, including views into and out of the Square shall be submitted to and approved in writing by the Local Planning Authority. REASON To document the appearance and layout of the existing Square as a historical and social record prior to its being changed, and in order for the adequacy of the record to be agreed prior to the commencement of works to alter the Square.
01. IQ171 INFORMATIVE The developer shall consider incorporating all possible sustainability features into the design of the proposed development. Schedule No: 5.
Application No: 09/01746/FUL
Ward Bessacarr And Cantley Parish
Proposal Erection of two storey extension (part above existing garage) to the front, side and rear of the host property. Including a lean to ground floor extension to part of the front elevation (being resubmission of application refused under ref 09/00213/FUL on 01.04.09)
Location 44 Whitton Close, Bessacarr, Doncaster, South Yorkshire
Applicant Mr J Russell
Agent JMC Design
Date of Valid Application: 20th July 2009
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MAIN POINTS OF REPORT
* This application is being presented to Planning Committee due to significant public interest.
* The application is for the erection of a two storey extension (part above existing garage) to the front, side and rear of the host property. Including a lean to ground floor extension to part of the front elevation.
* The site is within Residential Policy Area as defined by Doncaster Unitary Development Plan 1998.
* There has been a previous application for a similar development refused on this site due to overlooking and highways safety. This application is a re-submission which addresses these issues.
* The main issues reflected in 18 letters of objection are loss of parking, overlooking and the development being out of character with the surrounding area.
* The proposed extensions are not excessive in scale for a detached dwelling and do not add to or create problems of highway safety. The previous reasons for refusal have been overcome through the obscure glazing of the first floor window in the proposed rear extension to ensure no overlooking or loss of privacy and the installation of a roller shutter door to ensure adequate off road parking. RECOMMENDATION -
MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):
STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION
The Local Planning Authority has decided to grant planning permission:-
1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:
ENV 54 - Alterations and Extensions (adopted 1998) T5 - Highways Safety
Supplementary Planning Guidance Notes -Extension to Domestic Dwellings (2004)
Planning Policy Statement 1: Delivering Sustainable Development
2. For the following reasons:
Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed erection of two storey extension (part above existing garage) to the front, side and rear of the host property. Including a lean to ground floor extension to part of the front elevation (being resubmission of application refused under ref 09/00213/FUL on 01.04.09) is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the Doncaster Unitary Development Plan, taken together with advice in the relevant national planning policy guidance, justifies the development proposed.
The proposed extensions are of a scale and design which are appropriate to the character of the surrounding area and are not excessive in scale for a detached dwelling within a residential area. They do not add to or create problems of highway safety. The previous reasons for refusal have been overcome through the obscure glazing of the first floor window in the proposed rear extension to ensure no overlooking or loss of privacy and the instillation of a roller shutter door to ensure adequate off road parking. The proposal is therefore acceptable, subject to conditions.
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Introduction
1. The proposal is for the erection of two storey extension (part above existing garage) to the front, side and rear of the host property. Including a lean to ground floor extension to part of the front elevation (being resubmission of application refused under ref 09/00213/FUL on 01.04.09). 2. The proposed extension to the front of the property is to project 1.4 meters, the side extension is to be at first floor level above the existing garage and will not extend out any further to the side of the dwelling. The rear extension is to project 3.3 meters from the rear elevation. All the extensions are proposed to be built using materials that match those of the host dwelling.
Site and Surroundings
1. The property is a detached house located within an established residential area characterised by similarly designed houses. The host property is set in between two properties, the property to the north is stepped forward of the host property and the property to the south west is approximately in line. There is an existing flat roofed extension to the side of the property which is single storey and incorporates a garage and utility room, with 2no. windows in the ground floor side elevation. There are no windows in the first floor on either side elevation of the property. The property has a small projection of 0.6m as a porch on the south side of the front elevation. The front curtilage of the property is open plan, which is a feature of all residential properties on Whitton Close. The rear garden is fully enclosed by 1.5m high fencing and conifers.
History
1. 09/00213/FUL - Erection of two storey extension (part above existing garage) to the front, side and rear of the host property. Including a lean to ground floor extension to part of the front elevation. Refused - 01.04.2009. Contrary to policies ENV54 and T5 of the Doncaster Unitary Development Plan 1998.
Surrounding History
2. 07/03022/FUL – Erection of two storey pitched roof extension to rear and pitched roof canopy and bow window to front elevation of detached house. Granted 09.11.2007.
Development Plan Allocation
1. The site falls within a Residential Policy Area as defined by the Doncaster Unitary Development Plan, adopted 1998. The relevant policies regarding the proposal are ENV54 - Alterations and Extension to Existing Buildings and T5 – Highways. The application is also assessed against the adopted Supplementary Planning Guidance (SPG) - Extensions to Domestic Dwellings and PPS1: Delivering Sustainable Development.
Consultation Responses
1. National Grid - no objections received.
2. Highways Development Control - no objections subject to the garage door being a roller shutter due to limited distance between front elevation and highway. Publicity Responses
1. The application was publicised by means of individual neighbour notification in accordance with Circular 15/92. Twelve letters of objections were originally received from interested parties following publication of the application. The main concerns being the front extension altering the character of the street scene, the loss of parking to the front of the property and issues of overlooking, loss of privacy and over shadowing. Other issues were raised however these relate to the internal layout of the dwelling and building control matters and are therefore not considered material to the application.
2. The application was amended at the request of the Local Planning Authority and amended plans were received. The interested parties were re-consulted and a further six letters of objection were received. These letters reiterated the previous issues and argued that the amendments had not alleviated any of their previous concerns.
Assessment of Proposal
1. This application seeks planning permission for the erection of two storey extension (part above existing garage) to the front, side and rear of the host property, including a lean to ground floor extension to part of the front elevation (being resubmission of application refused under ref 09/00213/FUL on 01.04.09).
2. The main issues are the design and scale of the proposal, the impact of the development on the character of the surrounding area, impact on residential amenity and highway safety.
Design
3. Policy ENV54 states that alterations and extension to existing buildings should be sympathetic in scale, materials, layout and general design to the existing building.
4. The Supplementary Planning Guidance states that rear extensions are usually partially hidden and therefore have less of an impact on the street scene. They should not overlook, over dominate, or over shadow the adjoining property. The SPG goes on to state that the design and scale of front extensions forward of a front wall of a house and their distance from the pavement are of paramount importance to the character of a residential area. Furthermore side extensions are usually prominent in the street scene and two story side extensions should be set back from the front wall to avoid a terracing effect.
5. The proposed front extension is to project 1.45m forward of the front elevation. This projection will bring the property forward inline with the neighbouring property 46 Whitton Close but will however project 1.45m in front of the neighbouring property on the opposite side 42 Whitton Close although will not directly effect the 45degree inclusion zone. The street is characterised by detached houses which are staggered. Number 42 Whitton Close is set approximately 2m in front of number 40 Whitton Close, this is a pattern in the street scene. Therefore design of the front extension is not out of keeping with the street scene.
6. The side extension is similar to other two storey extension to properties on Whitton Close with a first floor extension above the existing garage. The side extension is not going to project any further than the existing garage as the main alteration to the side elevation is the first floor extension above the existing garage. The SPG states that two storey side extensions should be set back from the front wall to avoid a terracing effect, however, the side extension is set 0.6 meters from the boundary with the neighbouring property and is set in the same footprint as the existing garage. The SPG also states that windows should not lead to overlooking dwellings on the opposite side of the road. The extension still maintains a 21 meter distance between the properties.
7. The two storey rear extension is to project by 3.3m, this falls in a similar footprint to that of the existing single storey rear extension. This also accords with the guidance given in the SPG which states that rear extension should not project more than 3.3m.
8. The extensions are to be built using brickwork to match the existing property. The roof will be finished in concrete interlocking tiles, colour and texture to match existing. The windows, doors, fascia and soffit's to be white UPVC, being sympathetic to the existing property and character of the surrounding area.
9. The house currently has a pitched roof however the proposal is to incorporate a gable end off-shoot to the front elevation. This will alter the appearance of the dwelling within the street scene street scene however it is not deemed to be a significant change to result in a recommendation of refusal.
10. Therefore the proposal is considered to be of a design and scale which is appropriate to the existing dwelling and surrounding area in accordance with policy ENV 54 and SPG.
Overlooking/Loss of Privacy
11. The previously refused application had a rear extension proposed to project 3.3m from the rear elevation. The application was refused as the rear extension would have had a harmful impact upon the amenities of the occupiers of No.58 Whitton Close in terms of over looking and loss of privacy.
12. The application has been amended for re-submission which applied for the same size rear extension but with a window in the side elevation. This created overlooking in the neighbouring properties garden therefore a further amendment was sought and amended plans were received to show an obscure glazed window on the rear elevation of the proposed two storey rear extension. Therefore this reduces the impact of overlooking and loss of privacy to the neighbouring properties. The only other additional windows proposed at first floor level are to the side elevation. The neighbouring property has no windows in the side elevation and therefore the windows will create no overlooking or loss of privacy issues.
13. It should also be noted that there is a two storey rear projecting extension to number 40 Whitton Close.
Highways Safety
14. The highways safety policy T5 of the Doncaster Unitary Development Plan states that any proposals for new development will not create or materially add to problems of road safety.
15. The previous application was refused as it was contrary to policy T5 of the Doncaster UDP as there was insufficient distance from the garage door to the highway boundary which would result in vehicles overhanging the highway to the detriment of public safety. This application proposes the same extension however shall be conditioned to incorporate a roller shutter door.
16. Concerns have been raised with regards to the proposed front extension reducing the amount of off road parking available. The Highways Development Control Officer raised concerns with this on the current and the previous application, however stated that so long as there is a distance of more than 5.5m from the garage to the highway and the garage was fitted with a roller shutter door then the application would be acceptable from a highways safety point of view. The property will retain two car parking spaces, one in the existing garage and one on the drive and on street parking is also available. The proposal is therefore considered to accord with policy T5.
Summary
17. The proposed extensions are of a scale and design which are appropriate to the character of the surrounding area and are not excessive in scale for a detached dwelling within a residential area. They do not add to or create problems of highway safety. The previous reasons for refusal have been overcome through the obscure glazing of the first floor window in the proposed rear extension to ensure no overlooking or loss of privacy and the instillation of a roller shutter door to ensure adequate off road parking. The proposal is therefore acceptable, subject to conditions.
The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.
RECOMMENDATION
Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES
01. SB021 The development to which this permission relates must be begun not later than the expiration of three years beginning with date of this permission. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.
02. H41M The garage hereby permitted shall be positioned not less than 5.5m from the highway boundary at the point of access and shall be fitted with and thereafter maintained with a fully retractable door. Which does not project over the driveway during opening such as a roller shutter type door.
REASON To avoid obstruction and danger arising for users of the highway.
03. HM13A Before the development is brought into use that part of the site to be used by vehicles shall be laid out and surfaced in a bound, permeable material and marked out in a manner to be approved by the Local Planning Authority and shall thereafter be maintained. REASON To ensure surface water is disposed of in accordance with best practice of sustainable drainage, encourage drivers to make use of the parking space and ensure that the use of land for this purpose will not give rise to mud hazards at the entrance/exit points in the interests of the public safety.
04. VC03 The external material and finishes shall match the existing property. REASON In the interest of visual amenity.
05. C28B1 Concurrently with the carrying out of the development, the windows as indicated on the approved plan shall be permanently obscure glazed to an equivalent of Pilkington textured glass level three or above, unless otherwise agreed in writing by the Local Planning Authority. REASON In the interests of the privacy of the adjacent property.