METROPOLITAN BOROUGH COUNCIL

PLANNING COMMITTEE - 29th June 2010

Schedule No. 2

Application 07/02001/OUTM Application 20th September 2007 Number: Expiry Date:

Application Outline Planning Major Type:

Proposal Outline application on approx. 16.11 ha of land comprising of residential Description: development (approx. 8.5ha), public open space (approx 4.5ha) and B1 office development (approx 3.0ha) (AMENDED APPLICATION)

At: Sewage Works And Adjacent Land Pastures Road South

For: Gladedale () Ltd And Keyland Dev. Ltd

Third Party Reps: 77 Parish:

Ward: Mexborough

Author of Report Diane Adams

MAIN RECOMMENDATION: Planning Permission GRANTED (Sec106) Reason for Report

The application is being presented to Planning Committee due to a significant body of local objection to the proposed development. The application also represents a departure from the provisions of the Development Plan. Should Members recommend the application favourably, then it will need to be referred to the Government Office for for determination

1.0 Proposal and Background

1.1 The proposal is for an outline application on approx. 16.11 ha of land comprising of residential development (approx. 8.5ha), public open space (approx 4.5ha) and B1 development (approx 3.0ha) on the Waste Water treatment Works and adjacent land on Pastures Road Mexborough.

1.2 The application was amended in December 2008 as a result of discussions with Local Planning Authority. The residential area was reduced by 1ha and the employment area was increased by 1ha. The developer also chose to split the Employment into two similar sized areas. One to the western boundary with the Farm and the other remained in the same location as the original application but reduced in size, to the eastern boundary with the open countryside.

1.3 The proposal is in outline but the application indicates that the development could accommodate around 370 dwellings on 8.5ha at a density of 38 per ha. It is intended that the dwellings will range in height from 2, 2.5 to 3 storey.

1.4 The 3ha of commercial employment land is intended for B1 development. The proposed buildings are intended to be two storey and offer areas between 100 to 500sq metres.

1.5 The proposal also provides for approximately 5ha of amenity / public open space and the developer will provide a combined Locally and Neighbourhood equipped area of play together with hard and soft landscaping across the whole of the site which will retain some of the existing features.

1.6 Part of the application site towards the eastern part of the site has previously had clinker ash, domestic refuse and inert waste deposited on it as part of former applications from 1959 to 1980.

1.7 The application site excluding the Waste Water Treatment Plant had planning permission granted in outline for industrial development on 14.7ha in 1983 under reference 83/63/0170. Reserved matters were submitted and granted for layout, access and drainage in 1985 under reference 85/63/1118. The current access road to the eastern part of the site was constructed under this permission and subsequently adopted by the Council.

1.8 Two further permissions have been approved on the application site including an outline permission for 12.3ha for B1, B2 and B8 granted in 2003 under reference 02/5149/OTL and a subsequent reserved matters pursuant to the approved outline permission was granted in 2006 under reference 05/03699/REMM for 26 units of B1,B2 and B8 uses. This permission was implemented by the installation of the base for a car park on the eastern part of the site and subsequently this permission is extant.

2.0 Representations

2.1 The Applicants hosted an exhibition at the Pastures Lodge on 5th July 2007 (which was shortly after the flooding which occurred in this area the month before in June). The Meeting was advertised in the press on the 21st June 2007 the same day the application was validated by the Council. At the meeting members of the public were able to give their comments in writing or verbally. The majority of concerns were in relation to flooding.

2.2 The application has been advertised twice, when the application was received and again in March 2009 after the application was amended, publicity was in the form of site notices; advert in the press and by letter informing neighbouring properties of the proposal.

2.3 Representations have been received from (then) Councillor Malcolm Jevons supporting local residents’ objections on traffic and flood risk grounds and also raising the point that the site is poorly served by public transport, since there is no bus service in Pastures Road.

2.4 Councillor Sue Phillips has provided photographic evidence of flooding which occurred in the area in June 2007, when Pastures Road was under water to a depth of 9 feet at times. She has pointed out also that the proposed development would put other neighbouring properties at increased risk of flooding. She supports other objectors’ concerns in respect of the traffic hazards and danger to pedestrians resulting from existing congestion at the Pastures Road/Doncaster Road junction.

2.5 A further 75 representations and photographs, all objecting to the proposals, have been received from 47 addresses (all except one of which is local). Of these, 53 were received in response to the original publicity exercise carried out in July 2007, and a further 24 in response to re-advertisement of the amended application in March 2009.

The main concerns raised are as follows:

The area is subject to serious flooding; the existing high flood risk having been increased by mining subsidence; photographic evidence has been supplied by several respondents, and it is suggested that in addition to new properties being uninsurable, existing neighbouring dwellings would be put a greater risk.

Local roads will not be able to cope with the additional traffic from this large residential and commercial development. There are existing peak hour queues at the Pastures Road/Doncaster Road junction and congestion problems would be made much worse.

The proposed development would place further strain on local services; local doctors, dentists and schools are already stretched to the limit. The development would have an adverse impact on the adjacent Denaby Ings nature reserve, as reflected in the objections from DMBC’s Ecologist Planner when the application was originally submitted.

The Green Belt land should be protected and not built upon; it provides a valuable area of open countryside well used by walkers.

The countryside on the edge of Mexborough is particularly important and views over it are cherished by local residents; the proposed development would destroy the character of the area.

The site adjoins a working farm and future residents are likely to suffer from noise and smell nuisance as a result.

There is no need for further industrial units in the Mexborough/Denaby area; several units currently stand empty, in deteriorating condition.

Local roads are in a very poor state of repair which could only get even worse if further traffic is introduced into the area.

Further traffic would increase existing levels of air pollution in this low-lying, often foggy area.

Part of the application site is likely to be contaminated and could pose a health hazard to future residents.

3.0 Relevant Consultations

3.1 Highways Development Control - have raised no objections in principle to the scheme but want to make more detailed comments on the reserved matters application, conditions have been requested for the junction improvement works to Don View Road and Pastures Road which are required for the purposes of providing emergency access to the application site in the event of flooding to be completed prior to first occupation and engineering details inspected by the highway authority prior to commencement on site.

3.2 Strategic Transportation Unit - Have commented that they can support the application (subject to final agreement re travel plan issues etc). A Transport Assessment and Framework Travel Plan has been submitted and audited by Strategic Transportation and is considered satisfactory. With the proposed junction improvements to Pastures Road / Doncaster Road junction, Strategic Transportation are satisfied that these development proposals will not have a detrimental impact on the local highway network. The framework travel plan provided incentives and initiatives including the provision of a bus service to achieve a vehicle reduction target of 5%.

3.3 Environment Agency - Have commented that the development will only be acceptable if measures detailed in the Flood Risk Assessment are implemented and secured through conditions. Mitigation is also required for the loss of natural grassland and impact on the Pond and river to the east of the site. The Environment Agency has raised no objections to the provision of a pond on site for biodiversity and ecological mitigation. Land contamination conditions have been requested. No objections raised to the play park being situated in a flooding area but recommend notices highlighting flood risk to users. Comment has also been made to the location of the site being adjacent to a licensed landfill site.

3.4 South Yorkshire Passenger Transport Executive - Have commented that the developer proposes to fund the extension of Stagecoach bus service 222 to serve the new development. SYPTE welcomes this proposal as it will bring the development within the recommended 400m walking distance of a bus service and reduce reliance upon the private car. The route of the 222 also links the site to Mexborough rail station, which offers the possibility of onward journeys by public transport and increases the sustainability of the site. The developer has a letter from Stagecoach confirming their interest in extending the 222 bus service, SYPTE are concerned that there is no definitive agreement in place and that several caveats are placed upon the delivery of the service extension. The delivery of the service extension is crucial to linking the site to the surrounding network and ensuring its long term sustainability therefore SYPTE recommend that development is not permitted until a contract between the developer and Stagecoach has been formally agreed. Stagecoach state that there are four minutes of available time in the timetable which allow the extension to be delivered. It is essential that the bus service incurs minimal delay in entering and exiting the site to stay within the allocated four minutes. If the 222 cannot keep to the four minutes timeframe, further time penalties will be incurred throughout the existing timetable which could lead to Stagecoach withdrawing the service, leaving the development cut off from the public transport network. Bus priority measures provide assistance in keeping journeys to time by giving buses priority over other vehicles, however the future of the bus priority measures between Conisbrough and Doncaster is currently under review. SYPTE are not aware of any significant changes to the bus priority measures along this stretch of road. Junction improvements have been requested by Stagecoach as a requirement for their bus service to serve the site. The developer states in the Transport Assessment that they will deliver these improvements, which is welcomed by SYPTE. This should increase the capacity of the junctions and reduce the delays to services along this route. SYPTE recommends that the developer is conditioned to provide these junction improvements prior to the completion of the first phase of development to ensure that the bus service can be in place for the first set of residents to encourage the early formation of sustainable travel habits. Service delays should be kept to a minimum the route through the estate should be direct and no more than 4 bustops provided. Route should be auto tracked to ensure space for a bus. SYPTE recommend that the developer is conditioned to provide bus shelter waiting facilities at the stops as this will shelter customers from the elements and improve the waiting environment, thus further encouraging travel. SYPTE would like confirmation of the proposed build out rate of the development. Page 13 of the Travel Plan indicates that the developer will provide subsidy for the bus service extension for 5 years which is welcomed by SYPTE as this should allow the service to become established amongst residents and employees of the development; however this will be dependent upon the whole development being completed within this timeframe. The ongoing sustainability of the service extension following the withdrawal of developer funding needs to be considered as if the service is withdrawn, the development will become car dependant. It is unclear what the projected mode split targets are for the development however, a simple calculation using the operation costs provided by Stagecoach shows the weekly average fares that need to be generated in order for the service to remain commercially viable. £25,000 (Stagecoach costs) / 52 (weeks per year) = £480 per week If the service falls below Stagecoaches commercial viability thresholds, the service may be withdrawn and SYPTE may be asked to continue subsidising this service. Subject to the service meeting the Tendered Services Criteria that SYPTE apply, where a maximum cost of £2.50 per passenger is allocated, the following calculation can be used to identify the number of passengers required to keep the service operating at minimum levels; £25,000 (Stagecoach costs) / £2.50 (SYPTE max subsidy per passenger) = 10,000 per year 10,000 (passengers per year) / 52 (weeks) = 192 passengers per week 192 (passengers per week) / 7 (days) = 27 passengers per day Although these calculations are approximates they provide some indication of the levels of patronage that are required to keep the service in operation. SYPTE recommends that the developer is conditioned to demonstrate how the service will become commercially viable/sustainable following the withdrawal of their funding and the measures that will be taken by the developer to ensure patronage on board the service is maintained at a commercially sustainable level. SYPTE welcomes the developers’ offer of providing travel tickets to residents as this will provide an incentive to travel on board the bus service, encourage the formation of sustainable travel habits and help to strengthen patronage on board the service. SYPTE also welcomes the developers offer of Travel Master tickets to residents as this will enable residents to continue their journey on trains and trams also. If the developer were to consider purchasing Travel Master Tickets for the whole of the residential element of the development, they would be entitled to a substantial discount in ticket price. At present if the developer purchases tickets for a select number of households the full ticket price will apply.

3.5 Pollution Control - Have commented that historic maps show the application site is located on a previous sewage works. There is strong concern that contaminants may remain on the site in the form of PAHs, PCBs, phenols, heavy metals and asbestos. It is therefore strongly recommended that an assessment is undertaken to ensure there is no risk to human health from remaining contaminants on site via inhalation, ingestion and dermal contact. Conditions are requested.

3.6 Shire Group of IDB’s - The drainage board have been consulted by the developer and the acceptable rate of discharge agreed at 2.0 litres per second per HA unless otherwise agreed.

3.7 Yorkshire Water - have raised no objections and have recommended conditions. They have further commented that both the Flood risk assessment and the drainage strategy appear satisfactory from Yorkshire Waters view point.

3.8 Pollution Control Air Quality - Following a revised air quality assessment and based on that report no further assessments required or conditions. 3.9 Trees and Hedgerows Officer - No objections have been raised. Conditions requested to cover retention of trees, tree protection during construction and soil levels under trees.

3.10 Ecology - have raised no objections, all the necessary protected species surveys have been undertaken on site and there are no concerns in this regard. Denaby Ings a SSSI is located approximately 500m to the north east of the site. The main impact of the proposed development on this site is that the housing element of the proposal will mean that there will be an increase in the number of visitors. It is understood that a section 106 agreement will be put in place that means the developer will make a monetary contribution to Denaby Ings SSSI. This will act to mitigate for the increased visitor pressure caused by the development by allowing facilities there to be improved. Therefore no objections to the application. A condition to produce and implement an ecological enhancement plan will help to mitigate for the negative impacts of the development caused by the loss of existing habitats.

3.11 Landscape - Confirm that the master plan proposals submitted are acceptable. These combined with proposed planning conditions should meet recognised standards for play, open space and amenity complying with landscape policies set out in the Unitary Development Plan.

3.12 Natural - Initially objected to the proposal but have made positive comments on the amended scheme. With regards to Access and recreation - green space welcomed in the eastern part of site and planted buffer between site and countryside to the north east Ensure green space accessible to residents as it will reduce pressure on Denaby Ings a Site of Special Scientific Interest (SSSI) and Mexborough Low Pasture a site of Scientific interest (SSI).Provision of good accessible green space will help contribute to the aims of the Dearne valley Green Heart Project Area. Sustainability and Drainage - creation of wetland area within the valley in the eastern part of the site will help contribute towards sustainable drainage and maintain continuity with wetland habitats in surrounding area, such as Denaby Ings and the floodplain Grazing marsh to the north west. Would encourage more widespread use of SUDs such as ponds swales and porous surfaces. Suggest use of Green roofs as habitat for birds and compensate for loss of grassland and other vegetation. Dedicated bus links between development and town centre is welcome and suggest encouraging sustainable transport secure cycle storage and safe cycle routes. Building in Biodiversity - it is noted that some poplar trees will be felled on boundary of sewage works advise opportunity to increase proportion of native trees and shrub species on the site. Advise developer to consider making enhancements to wetland habitat along Dearne Valley to north west of site to extend valuable water meadow habitat found at Denaby Ings. This would help mitigate against increased disturbance at Denaby Ings.

3.13 SYP Architectural Liaison Officer - Will be able to give more comments on detailed plans, but has commented that curtilage parking is safest, and that parking courts can cause problems and should be small ie 10 vehicles with good surveillance, this impacts on boundary treatments. Comments on amenity space and its surveillance.

3.14 South Yorkshire Archaeology Service - This application has archaeological implications. The application area has been subject to detailed archaeological assessment and evaluation in respect of an earlier application (02/63/5149/POTL). A desk based assessment; geophysical survey and trial trenching were undertaken by Archaeological Services WYAS. The results demonstrated differing archaeological potential across the site: the northern part of the application area contained important remains relating to the Romano-British period whilst the Sewage Works and area fronting onto Pastures Road had negligible archaeological potential. A detailed archaeological mitigation strategy was devised to record the remains present within the northern section. However, only part of this strategy was carried out and important archaeological deposits remain within this area. Groundworks associated with the proposed development will, therefore, impact on finds and features of archaeological importance. A scheme of archaeological work is required to ensure the remains present are dealt with appropriately as mitigation for damage from the proposed scheme. Any new mitigation strategy will need to be updated to reflect the information contained in the ‘Archaeological Strip and Record Excavation’ report by Archaeological Services WYAS.

3.15 South Yorkshire Fire and Rescue - has made comment concerning access for fire appliances for commercial property and water supplies for fire fighting.

3.16 Education - Have confirmed that in this location Mexborough has capacity within its schools.

3.17 South Yorkshire Mining Advisory Group - submitted a report on the land.

3.18 Neighbourhood Manager Mexborough - have concerns over site layout /antisocial behaviour /security and safety aspects linked with play and wet facility in close proximity.

3.19 Public Rights of Way - have commented that there are no public rights of way affected by the proposed development.

3.20 Urban Design/ Urban Renaissance- Have commented that they are happy with the amended scheme at this stage, the employment buildings and parking areas provide a buffer between the residential element and the farm. The residential /employment mix represents the kind of mixed live/work community we should be supporting. The layout leaves potential to create pedestrian cycle links. Mexborough is within a pathfinder area and want the developer at reserved matters to provide more detailed design guidance to meet aspirations of pathfinder with quality and range of housing which current crossections and illustrative elevations don’t show. Conditions requested.

3.21 Local Government Yorkshire and Humber - have commented that they would support the development in principle as it is within the Principal Town of Mexborough, but on the basis of: The housing mix reflects a local needs assessment and the need for appropriate housing mix, including levels of affordable housing. An assessment of the local employment Land review is carried out to establish if this development is of an appropriate scale, particularly in relation to the proposed office uses. It is ensured that there is adequate public transport provision and provision for walking and cycling. Parking standards are in line with RSS (2008) and the development is in line with RSS policy ENV5 (2008).

3.22 Environmental Health Odour / Noise - Amended assessments for both noise and odour were submitted as part of the application. Conditions are suggested to with regards to odour and noise. 3.23 LDF Employment Team - The Employment Land Review identifies the site as a good employment site based on the assessment criteria used in the ELR. The developers have marketed the site over a period of time and have not identified significant market interest. Whilst the site is identified as a good employment site, its location in a poorly accessed part of the Dearne does mean it is unlikely to be developed. PPS4 EC4 discourages taking forward sites where there is no reasonable prospect of development. However, Mexborough is a principle town and has few deliverable employment sites either existing or proposed and suffers from high levels of deprivation and need for new employment opportunities. The IPPS requires a mixed use scheme to be considered should the marketing exercise show poor demand. The proposals put forward represent a mixed use scheme with a significant amount of employment use that is compatible within a mixed use scheme. The negotiation of these 3 ha of B1 employment land is considered to be a reasonable balance taking into account the above including the conclusions of the Employment Land Review.

3.24 LDF Housing Team - Comments are in the context of those provided by the LDF Employment team and are dependent upon agreement being reached that loss of employment land is acceptable as part of a mixed-use scheme. The site lies within the settlement boundary (as defined in the UDP), is brownfield, and will make a valuable contribution to housing supply to meet the requirement for Mexborough. It should be noted however that the Council has demonstrated a 5 year supply of housing land and that the release of this site at this time is not necessary to meet a 5-year supply. As an employment allocation this would be a departure application. Subject to the above employment land policy context I would not wish to raise any in- principle housing policy objections to the development of this site for housing subject to: * Layout and design, open space provision etc. * The provision of 26% affordable housing on site of a type/tenure to be agreed with the local planning authority or a smaller amount if, and only if, justified by an appropriate viability appraisal carried out in accordance with our Interim Planning Position Statement as amended. * The mix of housing type and tenure complementing the Pathfinder housing renewal programme in Mexborough *Satisfied that the site satisfies the sequential test set out in the Interim Planning Position Statement. The test need only examine other available sites in Mexborough.

3.25 Yorkshire Wildlife Trust - Have raised no objections to the development however have commented that the proximity of new homes to the nature reserve at Denaby Ings nature reserve would likely result in a significant increase in visitor pressure on the reserve. Should the development go ahead this visitor pressure would need to be managed in order to prevent potentially damaging impacts on biodiversity. A request is made for a Section 106 legal Agreement in order to mitigate any negative impacts of the proposed development. A list of mitigation works has been submitted for any agreement.

3.26 Policy and Partnership Affordable Housing - request for on site affordable housing provision in line with housing needs survey 74% affordable rent and 26 % intermediate min 2 bedrooms with units spread throughout development.

4.0 Relevant Policy and Strategic Context EMP2(2) - Employment EMP6 - Employment ENV15 - Development on the Urban edge ENV52- Design of New Buildings ENV53 - Design of New Buildings (scale and appearance) ENV43 - New Development and Nature Conservation ENV59 - Protection of Trees ENV60 - Landscaping in Development Proposals ENV69 - Development on Potentially Contaminated Land PH13 - Standards of Residential Development PH19 - Provision of Affordable Housing RL3 - Out door Open Space Provision RL4 - Public Open Space Provision T5 - New Development and Traffic Generation PU5 - Land Drainage

Planning Policy Statement 1 - Delivering Sustainable Development Planning Policy Statement 22 - Renewable Energy Planning Policy Statement 23 - Planning and Pollution Planning Policy Statement 25 - Development and Flood Risk Planning Policy Statement 4 - Planning for Prosperous Economies Planning Policy Statement 3 - Housing Planning Policy Guidance Note - 13 Transport DMBC Interim Planning Position Statement 3 - Employment in Doncaster DMBC Interim Planning Position Statement 2 - Housing DMBC Interim Planning Position Statement 1 - Affordable Housing in Doncaster

Regional Spatial Strategy (RSS) May 2008 (Policies) ENV 1 - Development and Flood Risk ENV 5 - Renewable Energy H 4 - Provision of Affordable Housing H 5 - Housing Mix YH1 - YH8 Spatial Vision and Core Approach T3 - Public Transport

5.0 Planning Issues and Discussion

5.1 The main issues affecting this application relate to flooding, mixed use including residential on an employment site, Traffic implications, contaminated land and odour.

Visual Amenity

5.2 The site is situated on the edge of the principal town of Mexborough adjoining the Green Belt, as such attention needs to be paid to the design and landscape aspects in order to protect the visual amenity of the countryside. Policy ENV15 (Design on the Urban Edge) - development proposals are expected to have regard to their visual impact on the countryside. A high standard of landscaping and careful attention to detailed siting, scale, materials and design, is expected. 5.3 The Amended Master plan indicates a substantial buffer planting strip to the perimeter of the site to the northern and western boundaries of the site which adjoin the green belt and has been conditioned to be a minimum of 10m wide providing a substantial soft edge to the site adjacent the open countryside.

Design and Residential Standards

5.4 The proposal is in outline only and details of most aspects of the design will be provided at the reserved matters stage for approval. The Master Plan was amended to show an increase in the B1 development from 2 to 3 ha and was split into two areas. There was also a reduction in the housing provision from 9.5 to 8.5 ha at the request of the Local Planning Authority.

5.5 The development is divided into 3 phases. Phase 1 and 3 are separated from phase 2 by the 4.5ha of Public Open Space which runs from north to south across the site on the lower levels of the land.

5.6 The western boundary of phase 1 adjoins the boundary of The Croft a working farm and concerns were raised concerning noise and odour which could affect residential amenity. Policy PH13a talks about resisting development where it would be affected by excessive noise and smells. The applicant was requested to submit assessments for noise and Potential for Odour Impact prepared by ADAS. The report was assessed by Environmental Health who liaised with the farmer over the animals kept and procedures at the farm.

5.7 In mitigation against odour the developer has approximately a 50m stand off between the farm and the residential units. The B1 development is to be located, within the stand off distance as this is a less sensitive end use to the housing, parking areas to these buildings will be the closest to the farm providing them with some protection. Environmental Health have raised no objections on noise or odour issues but have requested conditions in particular that the B1 development adjoining the farm is conditioned to have air conditioning, so windows do not need to be opened if odour is present. An acoustic barrier is also to be erected along the boundary at 1.8m high to mitigate against noise.

5.8 In addition a covenant is to be added via a section 106 Legal Agreement to the deeds of properties on the development informing prospective purchasers that a working farm is adjoining the site.

5.9 Policies PH13 seeks to promote high standards of development. Policy ENV52 seeks to ensure development respects its setting and achieves the highest standards of design possible and ENV53 deals with the scale and appearance of new development having regard for its wider visual impact.

5.10 The application indicates that the development could accommodate around 370 dwellings on 8.5ha at a density of 38 per ha. It is intended that the dwellings will range in height from 2, 2.5 to 3 storey. The Master plan shows how the layout could work and has some indication of the types of housing that could be on the site. The master plan also indicates that properties will have views across the Public open space area. A good range of accommodation should ensure the provision of homes for a mix of households which in turn will create a sustainable community in a safe and secure layout in line with the Policy H5 of the Regional Spatial Strategy.

5.11 It is considered that the residential and employment mix represent the kind of mixed live work community that can be supported. A Statement of Design Principles to cover architecture, materials, parking, hard and soft landscape, fencing, lighting, and sustainable construction has been conditioned.

5.12 It is considered that the development will be able to comply with policies PH13, ENV52 and ENV53.

Trees, Landscaping and Ecology

5.13 Policies ENV59, ENV43, and ENV60 deal with protecting existing trees and hedgerows, conserving and enhancing existing features of nature conservation and comprehensive schemes of landscaping.

5.14 The Master Plan has indicative landscaping shown for the site including buffer planting to the boundaries with the open countryside and the green belt. The site has a number of trees around the perimeter and contained within the site, some of which it is agreed will be removed and others retained in line with ENV59. A comprehensive soft and hard landscaping scheme is to be conditioned in line with policy ENV60 which will include new tree planting as well as surfaces and boundary treatments.

5.15 Denaby Ings a Site of Special Scientific Interest (SSSI) and a nature reserve is located approximately 500m to the north east of the site. The main impact of the proposed development on this site is that the housing element of the proposal will mean that there will be an increase in the number of visitors to the site. Yorkshire Wildlife Trust have submitted a list of mitigation measures which would be dealt with through a Section 106 legal Agreement

5.16 Protected species surveys have been undertaken on the site which has raised no concerns in line with policy ENV43 an ecological enhancement scheme has been conditioned and as part of on site biodiversity a pond is being located on the public open space towards the northern boundary of the site nearest to Nature reserve.

Public Open Space

5.17 Policy RL3 deals with providing minimum standards of outdoor play space provision and Policy RL4 of the Doncaster Unitary Development Plan applies to this development as the site is being developed for more than 10 family units and as Mexborough is deficient in public open space 15 % of the site needs to be provided as on site public open space.

5.18 The proposal is providing 4.5 ha of public open space which effectively cuts the site in two. The area equates to approx 28% of the site in total. This area is not developable due to flood risk but Public open space is an acceptable use in a flood zone. 5.19 The developer is to provide, equip and maintain in perpetuity through a management company a combined locally and neighbourhood equipped area of play within the public open space (as defined in Planning for Design for Outdoor Sport and Play, PAD published by Fields in Trust). which is to be conditioned.

5.20 The above proposal within the development will comply with policies RL3 and RL4.

Drainage

5.21 Policy PU 5 of the Doncaster Unitary Development Plan requires that new development will normally only be given planning permission where there is adequate means of foul and surface water disposal. As part of the application a drainage strategy along with flood risk assessments which have been amended, have been submitted. Yorkshire Water has raised no objections and has commented that the Flood Risk Assessment and the drainage strategy appear satisfactory from their view point. Conditions have been requested.

5.22 The Shire Group of Internal Drainage boards have raised no objections and have agreed a rate of discharge for the site of 2 litres per second per ha. which is conditioned.

Flooding

5.23 When the application was originally submitted the developer and the local planning Authority were informed that a sequential and exception test were not required for the site as the proposal was avoiding development in flood zone 3 which flooded in the June flooding in 2007, this has subsequently been re confirmed in 2008 and 2009 just before the June 2009 flood risk, which has subsequently been agreed by the Environment Agency August 2009.

5.24 The Environment Agency have objected several times to the flood risk assessment over the course of the application and the flood risk assessments have been revised either with addendums or in full.

5.25 The Environment Agency have commented that part of the proposed development site lies within Flood Zones 2 and 3 on the Environment Agency Flood Map. It is accepted that as a result of historic ground raising, certain areas of the site which lie within the flood zones have actual ground levels above the modelled 1 in 100 year flood level. However, whilst the submitted Flood Risk Assessment considers these areas to be Flood Zone 1 this is not accepted by the Environment Agency. Whilst actual site levels may be above the modelled flood level, this does not remove the site from the Flood Zone. A Flood Zone designation can only be changed by alteration through the proper procedure.

5.26 Many concerns from local residents have been raised concerning the extreme flooding which occurred particularly in this location in June 2007. This application was submitted around the time those floods occurred however the Environment Agency has ensured that those flood levels have been taken into account in Flood Risk Assessments. 5.27 The Environment Agency have accepted the Flood Risk Assessment Ref Re01 v5 dated June 2009 and have recommended the development is carried out in accordance with it in particular: No built development to take place below 15.0m above Ordnance Datum (AOD); Finished ground floor levels are set no lower than 15.50m AOD; Dry access and egress to be achieved, prior to occupation, by raising the levels of Pastures Road as proposed in Section 3.4 of the FRA.

Employment

5.28 The application site covers both a designated employment site policy EMP2(2) and an employment policy EMP6 both areas allow development of B1 B2 and B8 uses. The application was advertised as a departure from the provision of the development plan. Information from the applicants was submitted in line with the requirements of the Interim Planning Policy Statement 3 Employment in Doncaster (IPPS-3).including employment analysis and marketing information.

5.29 The Employment Land Review (ELR) identifies the site as a good employment site based on the assessment criteria used in the ELR. The developers have marketed the site over a period of time and have not identified significant market interest. Whilst the site is identified as a good employment site, its location in a poorly accessed part of the Dearne does mean it is unlikely to be developed. Planning Policy Statement 4 planning for prosperous economies discourages taking forward sites where there is no reasonable prospect of development. However, Mexborough is a principle town and has few deliverable employment sites either existing or proposed and suffers from high levels of deprivation and there is a need for new employment opportunities. The IPPS3 requires a mixed use scheme to be considered should the marketing exercise show poor demand. The proposals put forward represent a mixed use scheme with a significant amount of employment use that is compatible within a mixed use scheme. PPS4 requires a "sequential" and "impact" assessments to be undertaken for main town centre uses (including office development) where the proposals are not in an existing centre and are not in accordance with an upto date development plan. These requirements have not been applied as the site is allocated for uses which include B1 in the Unitary Development Plan. The relevant policies; EMP2 and EMP6, where "saved" in 2007 until the Local Development Framework policies are in place ensuring that the development plan continues as being "upto date" for this purpose.

5.30 The original application only provided 2 ha and 3Ha were subsequently negotiated of of B1 employment land uses it is considered that this is a reasonable balance taking into account the above including the conclusions of the Employment Land Review.

5.31 There are no employment policy objections to the development and there are no objections to the employment land being used for housing as a departure from the provisions of the development plan. Contamination and Air Quality

5.32 Policy ENV69 deals with development on potentially contaminated land and as the application is located on a previous sewage works. There is strong concern that contaminants may remain on the site in the form of PAHs, PCBs, phenols, heavy metals and asbestos. Site investigations and a preliminary remediation strategy were submitted with the application and Pollution Control have recommended that further work is undertaken to ensure there is no risk to human health from remaining contaminants on site via inhalation, ingestion and dermal contact.

5.33 An Air Quality Assessment and a preliminary air impact assessment were submitted and as a result of those documents no further assessments or conditions are required. The report identified that associated air quality impact will not be significant.

5.34 The conditions for contaminated land and the air quality reports findings address concerns raised by the public.

Archaeology

5.35 South Yorkshire Archaeology have confirmed that this site has archaeological implications. Previously the application site excluding the Waste Water Treatment Plant was granted planning permission under reference 02/63/5149/POTL and been subject to detailed archaeological assessment and evaluation. A desk based assessment; geophysical survey and trial trenching were undertaken by Archaeological Services WYAS. The results demonstrated differing archaeological potential across the site: the northern part of the application area contained important remains relating to the Romano- British period whilst the Sewage Works and area fronting onto Pastures Road had negligible archaeological potential.

5.36 A detailed archaeological mitigation strategy was devised to record the remains present within the northern section. However, only part of this strategy was carried out and important archaeological deposits remain within this area. Groundworks associated with the proposed development will, therefore, impact on finds and features of archaeological importance. A scheme of archaeological work is required to ensure the remains present are dealt with appropriately as mitigation for damage from the proposed scheme. A condition to secure a scheme of archaeological work has been used.

Highways and Access

5.37 Policy T5 relates to highway safety and states the Borough Council will seek to ensure that any proposals for new development are located where the traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion or amenity.

5.38 The application site has two existing vehicular accesses into the site, off Pastures Road. One is to the decommissioned Waste Water Treatment works (WWTW) and the other to the western part of the site, both of which will be retained and used with the scheme. A further vehicular access will be made to Pastures Road between the existing accesses. 5.39 As part of the flood mitigation an emergency access is required in the event of flooding. This access is being provided at the southern boundary and will join with Don View. This access will only be used by vehicles in the event of flooding, day to day vehicular access will be prevented by retractable bollards allowing pedestrian access at all times. The developer is required to make improvements to Don View which is an adopted road.

5.40 The Strategic Transportation Unit have received an amended Transport Assessment (TA) and have audited it and are satisfied with the content of the Transport Assessment which identifies junction improvements to be carried out with Pastures Road and Doncaster Road. This involves the widening of Pastures Road to provide a left turn lane and an enlarged central pedestrian island with a staggered pedestrian crossing in it. A further staggered pedestrian crossing will also be provided on Doncaster Road.

5.41 A previous extant permission exists for B1 B2 and B8 uses on part of the application site which was granted in 2006. The Transport Assessment identifies that the current proposal generates less traffic impact than the extant permission .The overall operation of the junction with the amendments proposed will operate better than it would have done with the previous extant planning permission implemented in full.

5.42 Bus stops within the development are identified but in the interim period before the bus is able to go through the site, a turning head will allow the bus to turn around back onto Pastures Road.

5.43 The amended Travel Plan provides incentives and initiatives for alternative modes of transport, employment units to have shower and changing facilities secure cycle storage. Aims to reduce travel trip generations over build life by 5% and if that fails to provide personalised travel planning to households. Good pedestrian links through site and to surrounding area.

5.44 South Yorkshire Passenger Transport Executive (SYPTE) welcome the introduction of a bus service to the site at a 30 minute frequency, Monday to Saturday during the day and hourly on evenings and Sundays, unless agreed otherwise with the LPA or until such time as the bus service is commercially viable. The developer has indicated that the service should be viable in 5 years. The service requires approx 27 passengers a day to become viable. Strategic Transportation has confirmed that the service frequency is in line with the Regional Spatial Strategy criteria May 2008 and policy T3. The introduction of a service now means that the development will be within the recommended 400m walking distance of a bus stop, which is considered an acceptable distance to access public transport.

5.45 SYPTE have also welcomed the provision of Travel Master Tickets to households within the first year of development and provision of 4 week passes to all household through the build out period. Quality bus shelters are also to be provided on the site. The Bus passes / tickets, bus shelters and service level agreement will all be subject to a Section 106 Legal Agreement. 5.46 It is considered that the in light of the above the development would not have a detrimental impact on the local highway network and is in accordance with policy T5 of the Doncaster Unitary Development Plan and addresses concerns raised by the public over highway issues.

Housing Need

5.47 The site is on the outskirts of Mexborough, but it lies within the settlement boundary (as defined in the UDP), the site is classed as brownfield, and will make a valuable contribution to housing supply to meet the requirement for Mexborough, however this site is not needed at this time to meet a 5-year supply. However on balance no housing policy objections to the development of this site are raised.

5.48 The site is also located within a Housing Market Renewal Pathfinder area. The proposed housing scheme should not conflict with DMBC’s broader regeneration programme but should support it in terms of housing numbers, affordability and quality.

5.49 The proposal complies with policies YH5 and YH7 of the RSS 2008 as Mexborough is a principal town. It is identified that principal towns should be the main local focus for housing uses. Priority should also be given to the re-use of previously developed land, this is also in line with the objectives of Planning Policy Statement 3 which aims to minimise the use of green field sites.

Affordable Housing

5.50 The development is providing over 15 residential properties and in accordance with PPS3 Housing and the Councils Interim Planning Position Statement, Affordable Housing in Doncaster, the developer is required to provide 26% of the total number of units as affordable units on the site unless an affordable housing viability statement is submitted. The RSS policy H4 also deals with the provision of affordable housing and recommends that up to 30% of new housing may need to be affordable housing in our region.

5.51 The Applicants have submitted an affordable housing viability statement, which indicates that the financial viability of the site would not be sufficient to provide any affordable housing. This is a reflection of the current economic climate and costs involved in contaminated land remediation. The Councils own independent advisors agree with this position.

5.52 During the build out period of the development the economic climate may change the developers have agreed to a claw back contribution should the scheme become more viable. The claw back agreement will be secured through the signing of the Section 106 Legal Agreement.

Sustainability

5.53 Planning Policy Statement 1 Delivering Sustainable Development states that accessibility should be a key consideration in development decisions. As part of the development a bus service to the site will be provided. The developer is also to reduce vehicular trip generations by 5% over the build out of the development. 5.54 The developer is also required by condition to provide 10% renewable energy on the development site in accordance with policy ENV5 of The Regional Spatial Strategy.

5.55 A sustainability appraisal has been submitted as part of the planning application. The main elements are as follows: The site makes use of a site with an extant planning permission and an area of previously developed land, which is currently occupied by the decommissioned waste water treatment works. This is in line with objectives of Planning Policy Statement 3 which aims to minimise the use of green field sites.

5.56 Brick and concrete structures on the site are to be broken down and crushed and then stored on site for later use as hard core and other base materials in the construction of new buildings, drainage, roads and hard standings. Materials not being reused will be taken to a waste transfer station for to be sorted and recycled.

5.57 On site recycling during construction and all household and businesses will be provided with facilities to recycle waste. The use of sustainable drainage systems.

5.58 A framework travel plan is provided and includes initiatives to promote walking and cycling (office units to have shower and changing facilities). 4 week buses pass to all households and travel master tickets to those households within the first year of development.

5.59 The aim is to minimise the emissions of carbon dioxide arising from the operation of the building and its services by use of gas fired heating systems, low energy light fittings and other such initiatives that will allow emissions to be minimised, and Improvement of the insulation (u values) across the site. External washing line provided as standard and occupants will be encouraged to install energy efficient white goods to reduce carbon dioxide emissions.

5.60 Timber from responsible forest sources used for roof and floor timbers as well as secondary building elements such as staircase, kitchens and skirting.

5.61 Reduction of water consumption, with dual flush toilets, flow restriction to showers and dwelling will have external water butts. All buildings will have amenity space and good daylight standards will be promoted to improve the quality of life in the home and work environment.

5.62 Concerns have been raised about the strain the development would place on local services and those not being able to cope in particular schools were mentioned. Education has confirmed that there is capacity in Mexborough. A bus service will connect the site to both Mexborough and Doncaster at a 30 min interval allowing access to services further away from the site.

Summary and Conclusion

The site meets the tests set out in Planning Position Statement 3 - Employment in Doncaster and the Employment land review for a mixed use scheme and there are no employment planning policy objection to the application and there are no housing policy objections to the site being developed for residential purposes and is in accordance with national , Regional and Local Guidance. With conditions in place the proposed scheme addresses residents concerns and will provide a mix of house types ensuring a mix of households for a sustainable community. Acceptable landscaping with ecological and biodiversity mitigation. Provision of a large area of public open space with play provision. The proposal also makes efficient use of a previously contaminated brownfield site. Access to the site is considered acceptable and will not have a detrimental impact on the local highway network, and will not be detrimental to highway safety. An approved flood risk has been approved for the site and the development should not increase risk of flooding to other areas. A section 106 Legal Agreement will be entered into for affordable housing claw back, provision of a bus service, bus stops and shelters, bus passes, a covenant and mitigation secured for Denaby Ings Nature reserve. A travel plan has also been agreed.

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 (AS AMENDED) IN RELATION TO THE FOLLOWING MATTERS:

THE HEAD OF PLANNING SERVICES BE AUTHORISED TO ISSUE THE PLANNING PERMISSION ON COMPLETION OF THE AGREEMENT.

AND

PLANNING COMMITTEE RESOLVE

A - TO INDICATE THEIR SUPPORT FOR THE PROPOSED DEVELOPMENT AND TO

B - AUTHORISE REFERRAL OF THE APPLICATION TO THE SECRETARY OF STATE FOR THE ENVIRONMENT FOR HIS CONSIDERATION AND AUTHORISE THE HEAD OF PLANNING SERVICES TO ISSUE THE DECISION NOTICE IF THE SECRETARY OF STATE RAISES NO OBJECTIONS.

A) A CLAW BACK AGREEMENT FOR AFFORDABLE HOUSING SHOULD THE ECONOMIC CLIMATE IMPROVE AND AFFORDABLE HOUSING BECOMES VIABLE.

B) PRIOR TO COMPENSATORY MITIGATION FOR DENABY INGS NATURE RESERVE IN ACCORDANCE WITH SCHEME OF WORKS FOR MITIGATION SUPPLIED BY YORKSHIRE WILD LIFE TRUST DATED 5TH MAY 20010

C) A COVENANT ON THE DEEDS TO PROPERTIES IN FORMING FUTURE OCCUPIERS OF THE PRESENCE OF A WORKING FARM ADJOININGTHE SITE D) PROVISION OF A BUS SERVICE BY A SERVICE LEVEL AGREEMENTAT A 30 MIN FREQUENCY MONDAY TO SATURDAY DURING THE DAY AND HOURLY ON EVENINGS AND SUNDAYS UNLESS OTHERWISE AGREED BY THE LOCAL PLANNING AUTHORITY OR UNTIL SUCH TIME AS THE BUS SERVIC IS COMMERCIALLY VIABLE.

E) TRAVEL MASTER TICKETS FOR USE IN SOUTH YORKSHIRE TO HOUSEHOLDS WITHIN THE FIRST YEAR OF THE DEVEOPMENT AND A 4 WEEK BUS PASS APPROPRIATE TO THE SERVICE BEING OPERATED UNDER THE SERVIC LEVEL AGREEMENT TO ALL HOUSEHOLS THROUGHOUT THE BUILD OUT PERIOD OF THE DEVELOPMENT.

F) PROVISION OF TWO BUS STOPS AND SHELTERS TO THE SPECIFICATION OF THE SOUTH YORKSHIRE TRANSPORT EXECUTIVE TO SERVE THE DEVELOPMENT

N.B. The foregoing Statement is a summary of the main considerations leading to the decision to grant permission. More detailed information may be obtained from the Planning Officer's Report and the application case file and associated documents, which may be inspected, by appointment, at the offices of the Development and Planning Service (for address see Decision Notice).

01. SC031 The development to which this permission relates must be begun not later than whichever is the later of the following dates:- i The expiration of three years from the date of this permission or ii The expiration of two years from the final approval of the reserved matters or in the case of different dates the final approval of the last such matter to be approved. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.

02. SE05 In the case of the Reserved Matters application for approval must be made not later than the expiration of three years beginning with the date of this permission. REASON Condition required to be imposed by Section 92(2) of the Town and Country Planning Act 1990.

03. U23211 The development hereby granted shall be carried out in accordance with the details shown on the approved plans and specifications including the details shown on the amended plans dated 16/12/08 Land Use Plan Rev B drwg number T - 016, Phasing Plan Rev B drwg number T - 015 B , Master Plan drwg number T - 014 C. Flood Risk Assessment (FRA) Ref Re01 v5 dated June 2009, prepared by AECOM Limited, amended Transport Assessment dated 07/06/10 , amended Famework Travel Plan rev 3 dated June 2010 REASON To ensure that the development is carried out in accordance with application as approved.

04. U23323 Approval of the details of the layout, scale, external appearance and landscaping of the site (hereinafter referred to as reserved matters) shall be obtained from the Local Planning Authority before the commencement of any works. REASON The application is in outline and no details having yet been furnished of the matters referred to in the outline they are reserved for subsequent approval by the Local Planning Authority.

05. U23152 The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) Ref Re01 v5 dated June 2009, prepared by AECOM Limited, and the following mitigation measures detailed within the FRA: 1. No built development to take place below 15.0m above Ordnance Datum (AOD); 2. Finished ground floor levels are set no lower than 15.50m AOD; 3. Dry access and egress to be achieved, prior to occupation, by raising the levels of Pastures Road as proposed in Section 3.4 of the FRA. REASON To reduce the risk of flooding to the proposed development and future occupants and to ensure safe access and egress from and to the site.

06. U23153 The development hereby permitted shall not be commenced until such time as a scheme for the provision of compensatory flood storage and details of culverts designed to maintain existing flow routes, has been submitted to, and approved in writing by, the Local Planning Authority. The final scheme shall be in accordance with the outline details contained within Section 3.4 of the FRA, unless otherwise agreed in writing by the Local Planning Authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. REASON To avoid adverse impact on flood storage.

07. U23286 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 and to ensure the protection of ground and surface waters from pollution.

08. U23287 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 and to ensure the protection of ground and surface waters from pollution.

09. U23288 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 and to ensure the protection of ground and surface waters from pollution.

10. U23154 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. REASON To demonstrate that piling will not take place in contaminated ground.

11. HM13 Before the development is brought into use that part of the site to be used by vehicles shall be properly laid out, drained, surfaced/sealed and or marked out in a manner to be approved by the Local Planning Authority and shall thereafter be maintained in a condition to the reasonable satisfaction of the Local Planning Authority. REASON To encourage drivers to make use of the parking space and ensure that the use of land for this purpose will not give rise to mud hazards at entrance/exit points in the interests of public safety.

12. U23172 The rate of discharge of the surface water from the site shall be no greater than 2.0 litres per second per hectare unless otherwise agreed with the Local Planning Authority in conjunction with Shire Group of IDB's. REASON In the interest of adequate drainage of the site.

13. U23174 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 3 metres either side of the centre lines of each of the sewers, that cross the site. REASON In order to allow sufficient access for maintenance and repair work at all times.

14. D52Z The site shall be developed with separate systems of drainage for foul and surface water on and off site. REASON In the interest of satisfactory and sustainable drainage.

15. D53A No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the Local Planning Authority. REASON To ensure that the development can be properly drained.

16. D54B Unless otherwise approved in writing by the Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. REASON To ensure that no foul or surface water discharge take place until proper provision has been made for their disposal.

17. VU21 The development hereby granted shall not be commenced nor materials or machinery brought onto the site until the trees which it has been agreed shall be retained are fenced off to the satisfaction of the Local Planning Authority. A scheme of fencing shall be submitted to the Local Planning Authority which shall comply with B.S. Specification No. 5837 'Trees in relation to Construction (1991)', with the Council's 'Code of Practice in Relation to Trees on Development Sites' and with the Council's illustrated guidelines 'Protection of Trees on Development Sites'. The satisfactory implementation of the scheme on the site shall be confirmed in writing by the Local Planning Authority before any works are begun. REASON To ensure that all trees are protected from damage during construction.

18. VW23 The existing soil levels beneath the branch spread of the trees which it has been agreed will be retained on the site, shall not be altered in any way without the prior written approval of the Local Planning Authority. REASON To ensure that all trees are protected from damage during construction.

19. U23178 Tree retention shall be based upon the approved plans and the findings of the tree survey (2007) in addition to the Arboricultural Consultants letter dated 3rd October 2008. REASON To ensure that the correct tree are retained.

20. U23179 Prior to the commencement of the housing in phase 1, details of the proposals for the creation of a wildlife pond to be included on the site shall be submitted to the local planning authority for approval in writing. The design will include the following details: _ The location and dimensions of the pond. _Shallow banking around the pond margins. _quatic and emergent planting to be undertaken. The approved scheme for the pond shall then be implemented prior to the first occupation of the site and thereafter maintained. REASON In line with ENV 43 to ensure the ecological interests on the site are maintained.

21. U23201 Prior to the commencement of development an ecological enhancement and mitigation plan shall be submitted to the local planning authority for approval in writing. This shall include details of the following features that will be included within the designs for the site. - An area of wildflower grassland to be created in the open space area on the northern side of the site. The plan shall detail how this area of the site will be managed in the long term. - Details of the native species to be used in the tree and shrub planting along the northern boundary of the site. - The inclusion of a range of bird boxes on appropriate trees and buildings across the site. This shall include a barn owl box located behind the tree and shrub planting on the northern boundary of the site. - The inclusion of a range of bat bricks to be incorporated into buildings across the site. - How the lighting scheme proposed for the development will be sensitive to the needs of foraging bats. The approved ecological enhancement and mitigation plan shall then be implemented prior to the first occupation of the site. REASON In line with ENV 43 to ensure the ecological interests on the site are maintained.

22. U23202 Prior to the commencement of the construction on phase 1 the developer shall submit to the local planning authority detailed landscape proposals for the design construction and maintenance of a public open space within the development along with a timescale for the implementation of the public open space .The open space shall include the following: _ A combined local area of equipped play (LEAP) and Neighbourhood area of equipped play(NEAP) as defined in Planning for Design for Outdoor Sport and Play, PAD (published by Fields in Trust). The play area should be of a bespoke design and shall follow design principles sets out within PAD and Design for Play: A guide to creating successful play spaces (Play England). _ A landscape management plan, programme of inspections and risk assessments for the play area and open space. _ A network of quality surfaced footpaths within the public open space. _ Railings/Fencing adjacent to roads and suitable boundary treatments to adjacent housing and strategic employment development. _An informal sports area of well drained amenity grass land designed to Sport England’s standard unless otherwise agreed with the Local Planning Authority. _Wild flower meadows, woodland and woodland edge planting. _A tree planting including native species characteristic of the landscape character area A2 Mexborough Coalfield Farmlands. The combined LEAP and NEAP play area shall be constructed prior to commencement of phase 3 of the development and shall be maintained in perpetuity by the developer under a management agreement which will need to be submitted (prior to commencement of Phase 1)to and agreed in writing by the Local Planning Authority. The agreement shall cover the maintenance and management of the public open space including footpaths , fencing, lighting and street furniture within the public open space, and the combined LEAP and NEAP. REASON To provide on site open space in accordance with UDP Policies SRL 1, RL3 and RL4

23. U23203 Prior to any construction taking place on the site a detailed soft and hard landscape scheme shall be submitted to and approved in writing by the Local Planning Authority. Unless otherwise approved in writing by the Local Planning Authority the landscape scheme shall include: a planting plan and schedule; existing soft and hard landscape to be retained; surfacing and boundary treatments; a landscape establishment and maintenance specification for a minimum of five years following practical completion of the landscape works. REASON: To ensure that a landscape/planting scheme is submitted and implemented in accordance with policy ENV60 of the Doncaster Unitary Development Plan.

24. U23204 Prior to any construction commencing on site a scheme of native landscape buffer planting of minimum width 10m on the perimeter of the site marked B, C , D, E, F on the Master Plan amended date 16/12/08 shall be submitted to the local planning authority along with a time scale to be agreed for its implementation (which shall be prior to commencement of phase 3.)and agreed in writing. REASON To ensure the scheme is submitted and implemented in accordance with policy ENV 15 of the Doncaster Unitary Development Plan.

25. U23205 The landscape scheme (once) approved in writing by the Local Planning Authority shall be implemented (in the first available planting season after commencement of development or in accordance with the programme approved in writing by the local planning authority . The local Planning Authority shall be notified in writing within 7 working days of completion of the landscape scheme to the required standard and the completion shall be subsequently approved in writing by the Local Planning Authority. The approved scheme shall be maintained for a minimum of five years in accordance with the Local Planning Authority’s publication ‘Landscape Specification in Relation to Development Sites’. Any landscape which is defective, damaged or removed within five years of establishment shall be replaced. REASON To ensure successful establishment and maintenance of the landscape scheme in accordance with policies ENV60 and ENV 15 of the Doncaster Unitary Development Plan.

26. U23292 Prior to the first occupation of the site the improvement works to Don View as detailed on drawing number 51998-P-105 dated 13/11/07 shall be completed and fully operational. REASON In the interest of road safety and to provide safe access for pedestrians and vehicle

27. U23183 The first submission of Reserved Matters shall contain a Statement of Design Principles (or design guide), to be approved by the Local Planning Authority, which shall be applied to all subsequent Reserved Matters submissions for all other units within the site. The Statement of Design Principles shall cover the following matters: architecture, materials, parking, hard and soft landscape, fencing, lighting, and sustainable construction. REASON To ensure a comprehensive design approach to the development of the site in the interests of the satisfactory appearance of the site.

28. U23184 Within 6 months of commencement of the remediation of the site for the development hereby permitted , in phase 1, the applicant shall submit to, and received approval thereto in writing from the Local Planning Authority, a report identifying how the predicted CO2 emissions from the development will be reduced by at least 10% through the use of on-site renewable energy equipment, or alternative measures to be agreed .The carbon savings which result from this will be above and beyond what is required to comply with Part L Building Regulations. Unless otherwise agreed in writing by the Local Planning Authority, the development shall then proceed in accordance with the approved report. Before any building is occupied or sold the renewable energy equipment shall have been installed and the Local Planning Authority shall be satisfied that the day to day operation of the equipment will provide energy for the development as long as the development remains in existence. REASON In the interests of sustainability and to minimize the impact of the development on the effects of climate change. 29. C29C Any works necessary to carry out any part of the development hereby granted shall only be permitted between the following hours: Monday to Friday inclusive 0800 - 1800 Saturday 0800 - 1300 and not at all on Sundays and Public and or Bank Holidays. Such works shall include deliveries to and from the site (including deliveries by outside contractors or suppliers); any construction (including internal works ie decorating, joinery, plumbing); demolition; highway and drainage works; erection and dismantling of scaffolding; site preparation/ excavations and any related off site works in the vicinity of the site. REASON For the avoidance of doubt and in the interests of protecting the amenity of existing residents in the vicinity of the site.

30. C30D All plant, machinery and other equipment used for the construction of development hereby granted shall be designed, maintained and operated so as to minimise any likely noise and vibration emissions. REASON To safeguard the amenities of adjoining premises.

31. U23187 Prior to the first occupation air conditioning shall be provided to all commercial developments adjoining the Croft Farm REASON To safeguard the amenities of the occupiers of the development in the event of odour from the adjoining farm.

32. U23188 Prior to first occupation all rooms to the commercial developments overlooking the Croft Farm shall be fitted with windows having a manufacturers minimum sound insulation value of 31 dB(Rw), e.g. 4mm glass x 16 mm air-gap x 4mm glass. REASON To safeguard the amenities of the occupiers of the development

33. U23189 Prior to first occupation acoustically enhanced glazing/vents to all living room and bedroom windows to dwellings facing the Croft farm site, located at the western boundary shall be of a minimum standard of 6mm glass x 16 mm air-gap x 6.8 mm glass with acoustic ventilator. REASON To safeguard the amenities of the occupiers of the residential dwellings

34. U23190 Prior to the commencement of construction on the site a 1.8 metre high solid wood acoustic barrier shall be erected and thereafter maintained in perpetuity along the whole western boundary facing the Croft Farm, marked A , B , C , D on the approved master plan amended plan date 16/12/08 REASON To safeguard the amenities of adjoining premises.

35. U23191 Prior to first occupation all rooms to commercial developments overlooking Pastures Road shall be fitted with windows having a manufacturers minimum sound insulation value of 31 dB(Rw), e.g. 4mm glass x 16 mm air-gap x 4mm glass. REASON To safeguard the amenities of the occupiers of the development.

36. U23192 Prior to first occupation acoustically enhanced glazing/vents to all living room and bedroom windows shall be fitted to dwellings facing Pastures Road at the southern site boundary to a minimum standard of e.g. 6mm glass x 16 mm air-gap x 6.8 mm glass with acoustic ventilator. REASON To safeguard the amenities of the occupiers of the residential properties.

37. U23194 A 1.8 metre high solid wood acoustic barrier shall be erected and maintained to any rear garden of dwellings located at the southern boundary of the site facing Pastures Road. REASON To safeguard the amenities of adjoining premises.

38. ARCH1 No development shall take place until the applicant, their agent, or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved in writing by the local planning authority. REASON To ensure that any archaeological remains present are preserved, either by being left in situ or recorded before they are damaged or destroyed and to comply with policy ENV38 of the Doncaster Unitary Development Plan.

39. VK11A Before the development commences, samples of the proposed external materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials. REASON To ensure the satisfactory appearance of the development.

40. U23289 Prior to first occupation of the first occupation of any residential unit within the development. The initiatives and measures contained within the approved framework travel plan revision 3 , June 2010. shall be implemented and within three months after first occupation of the employment units a detailed employment travel plan shall be submitted to the Council and its content shall be informed by the results of staff travel surveys to have been previously collected. The travel plan shall be reviewed at an agreed frequency thereafter and shall be considered in conjunction with the results of the staff surveys and vehicle level assessments. REASON In order to reduce or mitigate the impacts of the development upon the local highway network and surrounding neighbourhood by reducing reliance on the private car for journeys to and from the site.

41. U23290 No occupation of the development shall take place until the road improvements identified in the amended Transport Assessment dated 07/06/10 figure 13 and section 7.3.2 in the proposed mitigation section is completed and operational. REASON In the interest of highway safety.

42. U23291 Prior to the commencement of the development, detailed engineering plans for the works required by section 3.4 of the approved Flood Risk Assessment (FRA) Ref Re01 v5 dated June 2009, prepared by AECOM Limited, for the highway improvements required to the junction of Don View and Pastures Road to provide egress and access to the site in the event of flooding ,shall be submitted to and agreed in writing by the Local Planning Authority. The agreed details shall then be implemented and fully operational prior to first occupation of the site. REASON To provide access and egress to and from the site in the event of flooding, and in the interest of highway safety

01. U03838 INFORMATIVE All the highway works in respect of Doncaster Road /Pastures Road and Don view Road with Pastures Road shall be carried out under the provisions of section 278 of the Highways Act 1980. The agreement must be in place before any highway works are carried out.

02. IQ171 INFORMATIVE The developer shall consider incorporating all possible sustainability features into the design of the proposed development.

03. ICOAL INFORMATIVE The proposed development lies within a coal mining area. In the circumstances Applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to effect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk.

04. U03844 INFORMATIVE Applicant developer should be aware of the information contained the Environments letter dated 20th August 2009

05. U03845 INFORMATIVE If the play park is to be situated in a flooding area, it is recommend that notices highlighting the flood risk to users of the facility be erected in appropriate locations.

06. ICLC1A INFORMATIVE

TO ACCOMPANY CONDITION CLC1A - PREPARATION OF REPORTS ADDRESSING LAND CONTAMINATION

Prior to preparing any reports in support of conditions related to land contamination, the applicant is advised to refer to best practice guidance and Technical Guidance for Developers, Landowners and Consultants Yorkshire and Humberside Pollution Advisory Council. A description of the reports is as follows:

Phase I desktop study, site walkover and initial assessment - typically consists of a desk top study, site walkover, conceptual model and a qualitative/quantitative risk assessment. The ‘conceptual model’ must include both actual and potential risks. The information obtained should be of sufficient detail to enable recommendations to be made and further investigation to be undertaken (including design of intrusive investigation), where necessary.

Phase 2 intrusive site investigation and risk assessment - typically consists of an intrusive site investigation and qualitative and/or quantitative risk assessment. These studies aim to characterise the ground conditions, identify any contamination present and assess whether it will potentially result in harm. A more detailed conceptual model should be constructed based on the further information available and supported by quantitative risk assessments, where necessary. Recommendations for further investigation and remedial, protective and/or monitoring works should also be included. Phase 3 remediation report - contains details on required remedial, protective and/or monitoring measures demonstrating how the works will render the site ‘suitable for use’ describing the works in relation to the development hereby permitted. A range of remedial options should be reviewed/considered and the preferred option(s) should be justified by cost-benefit analysis. The report should include full details of any works to be undertaken including proposed site clean up criteria, site management and contingency procedures, validation/protection/monitoring measures, timetable for carrying out the works. (This may comprise a technical specification report prepared for the tendering process to procure a specialist remediation contractor).

Phase 4 verification report - includes evidence with discussion on substantiating data to confirm that the works agreed in the approved remediation report have been implemented. Information to be submitted at the agreed timescales as outlined in the agreed remediation report. Any significant deviations from the approved remediation report (e.g., due to unexpected contamination) must also be included in this report.

07. ICLC2A INFORMATIVE

TO ACCOMPANY CONDITION CLC2A

The Phase 3 remediation report and Phase 4 verification report shall be prepared in accordance with CLR11, PPS23 and Technical Guidance for Developers, Landowners and Consultants Yorkshire and Humberside Pollution Advisory Council.

08. ICLC3A INFORMATIVE

TO ACCOMPANY CONDITION CLC3A

The risk assessment, remediation and verification should be carried out in accordance with CLR11, PPS23 and Technical Guidance for Developers, Landowners and Consultants Yorkshire and Humberside Pollution Advisory Council.

09. ISYP INFORMATIVE The applicant is advised to seek to implement security measures into the development in order to achieve the 'Secured By Design' accreditation from South Yorkshire Police. 10. U03849 the developer should be aware of Natural England’s comments in their correspondence dated 9th march 2009 in particular the para headed Agreements and schemes.

11. U03850 Commercial property access for fire appliances to be in accordance with approved document B volume 2 part B5 section 16.11 and tables 19and 20. Pumping appliances in South Yorkshire will weigh 26 tonnes . Table 20 references to pumping appliances should read 26 tonnes. Water supplies are to be provided in accordance with approved Document B Volume 2 part B5 section 15.

12. U03851 the developer should be aware of the report by the South Yorkshire Mining Advisory Group date 3rd September 2007

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.

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:

EMP2(2) - Employment EMP6 - Employment ENV15 - Development on the Urban edge ENV52- Design of New Buildings ENV53 - Design of New Buildings (scale and appearance) ENV43 - New Development and Nature Conservation ENV59 - Protection of Trees ENV60 - Landscaping in Development Proposals ENV69 - Development on Potentially Contaminated Land PH13 - Standards of Residential Development PH19 - Provision of Affordable Housing RL3 - Out door Open Space Provision RL4 - Public Open Space Provision T5 - New Development and Traffic Generation PU5 - Land Drainage Planning Policy Statement 1 - Delivering Sustainable Development Planning Policy Statement 22 - Renewable Energy Planning Policy Statement 23 - Planning and Pollution Planning Policy Statement 25 - Development and Flood Risk Planning Policy Statement 4 - Planning for Prosperous Economies Planning Policy Statement 3 - Housing Planning Policy Guidance Note 4 - Industrial, Commercial Development and Small Firms Planning Policy Guidance Note - 13 Transport DMBC Interim Planning Position Statement 3 - Employment in Doncaster DMBC Interim Planning Position Statement 2 - Housing DMBC Interim Planning Position Statement 1 - Affordable Housing in Doncaster

Regional Spatial Strategy (RSS) May 2008 (Policies) ENV 1 - Development and Flood Risk ENV 5 - Renewable Energy H 4 - Provision of Affordable Housing H 5 - Housing Mix YH1 - YH8 Spatial Vision and Core Approach T3 - Public Transport

2. For the following reasons:

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 mixed use scheme is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the Doncaster Unitary Development Plan, taken together with advice in the relevant national planning policy guidance, justifies the proposed residential and B1 development. Appendix 1

Appendix 2