To the Chairman and Members of the PLANNING REGULATORY BOARD 1st September, 2005

Report of the Head of Planning and Transportation Service

ITEM NO. SUBJECT

1 File Ref. RB2005/526 Appeal decision regarding retrospective application for the display of a non-illuminated advertisement hoarding at and adjacent to the M1 Motorway, Woodall, for Alternative Advertising Ltd.

2 File Ref. RB2005/1404 (FUL) Full Application – Erection of new grandstand and formation of car parking area (amendment to RB2005/0440), at Football Ground, Masbrough Street, Masbrough, for Rotherham United Football Club.

3 File Ref. RB2005/1395 Notice of intent under circular 18.84 erection of single storey building for use as driving test centre including associated parking and car/motor manoeuvring areas at land at Mangham Road/Greasbrough Road, Rotherham Town Centre.

ROTHERHAM METROPOLITAN BOROUGH PLANNING REGULATORY BOARD COUNCIL

DEPARTMENT OF PLANNING REPORT TO COMMITTEE 1st September, 2005

Item 1 File Ref. RB2005/526

Appeal decision regarding retrospective application for the display of a non- illuminated advertisement hoarding at and adjacent to the M1 Motorway, Woodall, for Alternative Advertising Ltd.

Recommendation

That the Inspector’s decision to dismiss the appeal be noted.

Background

Members will recall refusing Express Consent in respect of the above application at the meeting of 12 May 2005 for the following reasons:-

By virtue of its size and siting in close proximity to the M1 motorway, the Local Planning Authority considers that the advertisement hoarding which has been erected:-

(a) constitutes a distraction to motorists travelling along the M1 motorway to the detriment of the safety and free flow of traffic and

(b) constitutes an unduly prominent and intrusive feature to the detriment of the visual amenities of this Green Belt location and does not comply with PPG19 or Policy ENV3.8.

Members also authorised prosecution should the display not be removed.

The applicant subsequently submitted an appeal to the Secretary of State against that refusal and I have now received the appointed Inspector’s decision.

The Inspector confirmed the Council’s view and dismissed the appeal. He concluded that “given the high volumes of traffic on the motorway and the permitted speed of 70 mph, I consider that any serious attempt by drivers to absorb the message on the sign could distract their attention leading to an accident”. He also considered that “the sign which is quite large looks out of place and that the impact of its approximately 20 square metres face display is intrusive”.

Arrangements have been made to remove the display by 23rd August and the Enforcement Officer will inspect the site on that date to ensure removal.

Item 2 File Ref. RB2005/1404 (FUL)

Full Application – Erection of new grandstand and formation of car parking area (amendment to RB2005/0440), at Millmoor Football Ground, Masbrough Street, Masbrough, Rotherham for Rotherham United Football Club.

RECOMMENDATION: GRANTED CONDITIONALLY

Condition(s) imposed: 01 [PC52] No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details 02 [PC11] Surface water from areas likely to receive oil / petrol contamination (e.g. vehicle parking areas) shall be passed through effective oil / grit interceptors prior to discharge to any sewer or watercourse 03 [PC12] Details of the proposed means of disposal of foul and surface water drainage, including details of any off-site work, shall be submitted to and approved by the Local Planning Authority and the development shall not be brought into use until such approved details are implemented 04 [PC92] Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the Local Planning Authority. The investigation shall address the nature, degree and distribution of contamination on site and its implications on the health and safety of site workers and nearby persons, building structures and services, final end users of the site, landscaping schemes and environmental pollution, including ground water, and make recommendations so as to ensure the safe development and use of the site. The sampling and analytical strategy shall be approved by the Local Planning Authority prior to the start of the survey and all recommendations and remedial works contained within the approved report shall be implemented by the developer, prior to occupation of the site 05 Before the development is brought into use, that part of the site to be resurfaced shall be properly drained and constructed in concrete, tarmacadam, block paving or other such material as may be agreed by the Local Planning Authority and shall thereafter be maintained in a sound condition 06 [PC27] Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking 07 Before the proposed development is brought into use, a Travel Plan shall have been submitted to and approved by the Local Planning Authority. The plan shall include clear and unambiguous objectives, modal split targets together with a time bound programme of implementation, monitoring and regular review and improvement. The Local Planning Authority shall be informed of and give prior approval in writing to any subsequent improvements or modifications to the Travel Plan following submission of progress performance reports as timetabled in the programme of implementation 08 [PC38] Within the first available planting season after the commencement of the development, trees shrubs shall be planted on the site in accordance with a scheme to be submitted to, and approved by, the Local Planning Authority. Such scheme to provide for species, siting, planting distances, programme of planting and maintenance to establishment and any plants dying, removed or destroyed within five years of planting shall be replaced in a manner to be agreed with the Local Planning Authority. 09 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 5.0 metres either side of the centre line of the sewer which crosses the site. 10 The site shall be developed with separate systems of drainage for foul and surface water on and off site. Details of which shall be submitted and approved in writing by the Local Planning Authority prior to the development being brought into use. 11 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall of surface water have been completed in accordance with details to be submitted to and approved by the Local Planning Authority before development commences. 12 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. 13 Unless approved otherwise 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 brought into use prior to completion of the approved foul drainage works.

Reason(s) for Condition(s): 01 [PR52] To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity 02 [PR11] To prevent pollution of any watercourse 03 [PR12] To ensure that the development can be properly drained 04 [PR92] In the interests of safe redevelopment and afteruse of this site 05 To encourage drivers to make use of the parking spaces and to ensure that the use of the land for this purpose will not give rise to the deposit of mud and other extraneous material on the public highway in ther interests of road safety 06 [PR27] To ensure the provision of satisfactory parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety 07 In the interests of sustainability 08 To ensure there is a well laid out scheme of healthy trees and shrubs in the interests of amenity 09 In order to allow sufficient access for maintenance and repair work at all times 10 In the interests of satisfactory and sustainable drainage 11 To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading 12 To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading 13 To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal

Informative

The existing Public Combined Sewers are located in Masbrough Street. All connections or works affecting a public sewer must be approved by Water before works commence on site.

It is recommended that additional lighting be installed in the car parking area and CCTV be installed in the interests of security.

Notes for RB2005/1404

Background

There has been much planning history relating to the application site over the past few decades including the resiting of a stand, extension to terracing, cover over terracing, floodlighting, office block, ticket office and the erection of executive boxes. Members may recall that an application for the erection of a new grandstand was recently conditionally approved.

It is considered that the proposed development falls within Schedule 2, Paragraph 10(b) Urban Development Projects’ of the EIA Regulations 1999 as it exceeds 0.5 hectares in area and a screening opinion has been placed on the planning register. However, it is not considered that the proposal will have a significant effect on the environment by virtue of factors such as size, nature and location and as such an Environmental Statement is not required to accompany the application.

Development Plan Allocation and Policy

The site is allocated for Community Facilities on the adopted Rotherham Unitary Development Plan. UDP Policies CR1 ‘Community and Social Provision’, CR1.5 ‘Community Facilities’, CR2 ‘Recreation Provision’ and Planning Policy Guidance Note 17 (Sport and Recreation) and ENV3.1 ‘Development and the Environment’ are relevant to the proposal.

Site Description

Millmoor football ground is located to the south of Masbrough Street which is a busy classified highway, that under police supervision is closed during entry and exit to the football matches played at the stadium. Home fans access the site via the archways under Coronation Bridge to the north of Masbrough Street whilst away fans are escorted along Masbrough Street and down Millmoor Lane. There is a ramped disabled access close to the highway. The western part of the site is a partially tarmaced and partially hard-surfaced car parking area that has a boundary with the adjacent railway line, separated with a 1.5 metre high post and wire fence. Southwest of the site is an established scrap yard. The capacity of the existing western stand was amended at the beginning of this season to comply with new seating regulations following the Hillsborough disaster and the report made by Lord Chief Justice Taylor, and like the remainder of the stadium is totally seated with no standing areas. As such approximately 2000 capacity was lost. The stand is in a poor state of repair and has limited space for community facilities and functions. The application site has an approximate area of 3.11 hectares.

Proposal

This application seeks full planning permission for an amendment to the recently approved grandstand whereby the key material alteration is a modification to the design and height of the roofline. The roof structure is proposed to be exposed above the level of the roof cladding in order to be of a more cost effective construction. The amended design of the stand is proposed to be approximately 8 metres in height with 10 metres of structure exposed above. The original appearance of 3 levels, 2 visible from above ground will remain as will the majority of the original internal features.

The overall footprint of the approved stand is proposed to be reduced by approximately 85m2 on all levels which equates to approximately 3 metres less in width that the approved scheme.

It is also proposed that new surfacing to the car park will be limited to the lower section of the area which lies approximately on a line 15m – 20m to the west of the new grandstand (the forecourt to the building), leaving the remaining area as is it at present.

The provision of car parking bays is proposed to be reduced by 13 bays in order to accommodate an electricity sub-station on the site that cannot be removed from the original scheme, leaving 362 remaining.

Publicity

The application was advertised with a press and site notice. No letters of objection or ‘Right to Speak’ requests have been received.

Consultations

Transportation Unit – No objections, subject to recommended conditions.

Sport – No objections

Appraisal

The principle of a development of this size has already been established by the granting of the recent permission, albeit in a different built form. In essence, the difference between the two proposals is that the roof structure was partly enclosed, whereas it is now exposed. It is the visual appearance of the proposal that needs consideration.

In this regard, UDP Policy ENV3.1, states that “development will be required to make a positive contribution to the environment by achieving an appropriate standard of design having regard to architectural style, relationship to the locality, scale, massing…” The proposal would be viewed in context of the other stands, and in this respect, although different in design, it is considered to be of a scale and mass that would relate well to those stands, and enhance the visual amenity of the entrance to the ground and the wider locality. Given this, and its position approximately 75 metres from Masbrough Street, from which it would be seen side on, the proposal is not considered to be detrimental to the street-scene. The tarmaced car parking area would not appear out of character in the street-scene either. As such the proposal is considered to make the positive contribution sought by UDP Policy ENV3.1.

In summary, given the above, the proposal is considered to be in accordance with the provisions of the UDP, so far as they are material, and in the absence of material considerations which would indicate otherwise, the proposal is considered to be acceptable and is recommended accordingly.

Item 3 File Ref. RB2005/1395

Notice of intent under circular 18.84 Erection of single storey building for use as driving test centre including associated parking and car/motor manoeuvring areas at Land at Mangham Road/Greasbrough Road, Rotherham Town Centre.

Recommendation

That the Council object to the proposal on the following grounds:

The local planning authority consider that the proposed development, which includes vehicular access from A6123 Greasbrough Road and vehicular egress to A6123Mangham Road represent a proliferation of vehicular accesses and, if implemented, would introduce further points of potentially conflicting vehicular movements in the busy classified roads to the detriment of the free and safe flow of traffic.

Background

This site, formerly part of the British Gas site, has been the subject of a number of previous planning applications relating mainly to the use of the site by British Gas. The most recent applications being:

RB1984/0041 Erection of office block alterations & refurbishment to form service centre. Granted Conditionally

RB1995/0004 Subdivision of existing premises to allow letting of existing offices erection of fencing/gates and extension to form welding bay. Granted Conditionally

RB2001/0562 Change of use of land and buildings to storage refurbishment and fabrication of machinery Granted Conditionally

UDP Allocation and Policies

The site is allocated for Industrial and Business Use in the adopted Unitary Development Plan. UDP policies EC 1.1 and EC 3.3 are material.

Policy EC 1.1: Safeguarding Existing Industrial and Business Areas states that the Council will support proposals which safeguard the viability of established industrial and business areas, including those which seek to improve buildings, infrastructure and the environment.

Policy EC 3.3: Other Development within Industrial and Business Areas states that within the sites allocated for industrial and business use on the Proposals Map, other development will be accepted, subject to no adverse effect on the character of the area or on residential amenity, adequate arrangements for the parking and manoeuvring of vehicles associated with the proposed development and compatibility with adjacent existing and proposed land uses, where such development can be shown to be ancillary to the primary use of the area, or would provide significant employment and it can be shown that:

I. there are no suitable alternative locations available for the proposed development,

II. no land-use conflicts are likely to arise from the proposed development, and

III. the proposal significantly increases the range and quality of employment opportunities in the area.

Site Description

The existing use of this site is for the storage, refurbishment and fabrication of machinery (B1 and B8) as granted planning permission in June 2001 (RB2001/0562). It is situated adjacent to Barbot Hall Industrial Estate, on a corner plot, with Greasbrough Road to the west and Mangham Road to the north. The existing entrance to the site is taken from Greasbrough Road although this does not form part of the proposal site.

Surrounded by typically utilitarian designed industrial units the site is level, however it is situated at a lower level than Mangham Road which is separated by a large embankment between the road and the site and has mature landscaping which forms a substantial screen. The boundary to Greasbrough Road is formed by a Paladin type fencing approximately 2.4m in height which allows views into the site.

Proposals

This is a notice of proposed development by the Driving Standards Agency under Circular 18/84 for construction of a driving test centre. The proposals include:

• The construction of a single storey test centre of approximately 200sqm • The formation of 10 examiner car parking spaces, 12 customer car parking spaces and 6 motorcycle parking spaces. • The construction of an EC motorcycle manoeuvring area. • The construction of a car manoeuvring area. • The formation of new vehicular access and egress points to the site from Greasbrough Road and Mangham Road. • The modification of the existing perimeter fencing incorporating security gates.

Publicity

The application was advertised in the press, by site notices around the site and by letter to 6 surrounding businesses. To date, no representations have been received.

Consultations

All appropriate consultations have been carried out and the comments are summarised below:

Environmental Health No concerns.

Yorkshire Water No concerns.

Forward Planning No planning policy objections as the site is well served by public transport and has good road links to the rest of Rotherham. They consider that the proposal will be a big improvement to this important corner site.

Transportation Unit Serious objections have been raised as there is a presumption against allowing construction of a new vehicular access to A6123 (Greasbrough Road / Mangham Road) to the detriment of the free and safe flow of traffic.

Appraisal

Circular 18/84: Crown Land and Crown Development relates to the arrangements by which Government Departments consult local planning authorities about their proposals for development when a body is entitled to Crown exemption. Development by the Crown does not require planning permission, but the Government Department will consult local planning authorities before proceeding with development which would otherwise require planning permission. The local planning authorities views on the application should be sent to the developing Department within 8 weeks from the date of receipt.

This proposal would significantly improve the visual amenities of this site which is currently used partly as open storage and affords no visual amenity to the area. New boundary treatments would improve the overall appearance and the formation of the test centre building and training area would create an attractive development on what is a prominent corner site adjacent a busy arterial highway. It is therefore considered that the proposal would be in accordance with Policy EC1.1 which seeks to promote development that safeguards existing Industrial and Business Areas including those which seek to improve buildings, infrastructure and the environment.

However, the proposal also includes two new vehicular access and egress points. The access from Greasbrough Road and egress to Mangham Road. Policy EC 3.3: states that this type of proposal (as it does not fall within Use Class B1, B2 or B8) would only be accepted, amongst other things, subject to adequate arrangements for the parking and manoeuvring of vehicles associated with the proposed development.

The Transportation Unit have objected to the proposal on the basis that there is a general presumption against allowing construction of a new vehicular access to A6123 bearing in mind the speed and volume of traffic along these roads and the existence of an existing access.

It is considered a well established principal of good highways development control practice to try and restrict the number of accesses to a highway wherever possible, particularly on classified roads and where there is an alternative means of access available. This is based on research which has shown that the formation of new accesses is liable to lead to a greater risk of accidents in that the risk from a given number of joining or leaving vehicle movements is reduced if they are concentrated on a limited number of junctions or accesses.

As part of the submitted information, the Driving Standards Agency has suggested that the existing access is unsatisfactory due to the following reasons:

1. A shared access may result in large numbers of vehicles entering or leaving the site in rush hour. Examiners may be reluctant to carry out tests at this time due to safety which may affect quotas.

2. A shared access will require longer opening of the main gates which could affect security of the site.

3. Third party users of the existing access have expressed concern.

4. A shared access may preclude the redevelopment of the remainder of the site which would prejudice the ability to improve the visual amenity of the site.

In conclusion, it is considered that the use of this site as a driving test centre is acceptable in principle and would significantly improve the visual amenities of the area in accordance with Policy EC1.1 of the UDP. However, there are serious objections about the proposal from a highway safety aspect and it is considered that this would outweigh the positive aspects of the scheme and are not in accordance with Policy EC3.3 of the adopted Unitary development Plan.