Doncaster Metropolitan Borough Council

DONCASTER METROPOLITAN BOROUGH COUNCIL

Agenda Item No 6. Date: 8th January 2008

To the Chair and Members of the PLANNING COMMITTEE

PLANNING APPLICATIONS PROCESSING SYSTEM

Purpose of the Report

1. A schedule of planning applications for consideration by Members is attached.

2. Each application comprises an individual report and recommendation to assist the determination process.

Human Rights Implications

Member should take account of and protect the rights of individuals affected when making decisions on planning applications. In general Members should consider:-

1. Whether the activity for which consent is sought interferes with any Convention rights.

2. Whether the interference pursues a legitimate aim, such as economic well being or the rights of others to enjoy their property.

3. Whether restriction on one is proportionate to the benefit of the other.

Andy Gutherson Group Director Directorate of Development and Planning

Contact Officers: Mr M Roberts (Tel: 734897), Mr G Stent (Tel: 734994) and Mrs D Holgate (Tel: 734925)

Background Papers: Planning Application reports refer to relevant background papers Summary List of Planning Committee Applications ( )

NOTE:- Applications are in NUMERICAL order except those deferred from previous meetings for a Site Visit which are marked 'SV' and appear first and Major Proposals which are marked ‘M’.

Schedule Application No Ward Parish No

1. SV 07/02905/4FULM Edlington And Edlington Town Council Warmsworth

2. SV 07/02950/FULM Bessacarr And Cantley

3. SV 07/03122/FUL Town Moor

4. M 07/02551/FULM Torne Valley Conisbrough Parks Parish Council

5. M 07/02620/FULM Wheatley

6. M 07/02778/OUTM Mexborough

7. M 07/03205/OUTM Edlington And Edlington Town Council Warmsworth

8. 07/03631/RET Stainforth And Moorends Moss Parish Council Schedule No: 1.

Application No: 07/02905/4FULM

Ward Edlington And Parish Edlington Town Council Warmsworth

Proposal Erection of 151 dwellings on approx 3.47 ha of land

Location Land Off Woodlands Terrace Edlington Doncaster South Yorkshire Applicant Haslam Homes

Agent

Date of Valid Application: 11th September 2007

** APPLICATION PREVIOUSLY CONSIDERED BY PLANNING COMMITTEE**

THE ABOVE APPLICATION WAS CONSIDERED BY THE PLANNING COMMITTEE ON 11/12/07 AND WAS DEFERRED FOR A SITE VISIT ON 04/01/07. IN ORDER TO ASSESS THE IMPACT OF THE DEVELOPMENT ON THE AREA, THE ACCESS AND THE HIGHWAY TO BE CLOSED. IN ADDITION THE DEFFERAL REQUESTED THAT A MEETING TAKE PLACE WITH THE PARISH COUNCIL AND ALL PARTIES. A VERBAL REPORT ON THE OUTCOME OF THE SITE VISIT/MEETING AND THE RESULTANT RECOMMENDATION WILL BE PRESENTED AT THE MEETING.

======

MAIN POINTS OF REPORT

* This application is being presented to Committee due to the public interest.

* The application is for redevelopment on a cleared housing site in Thompson Avenue and Dixon Road in Edlington. The site is within a Residential Policy Area as designated in the Doncaster Unitary Development Plan 1998 and the proposals are clearly acceptable in principle.

* The development would provide 141-151 dwellings in a range of house types including accommodation for the disabled, and an affordable housing quota of 30%.

* The scheme involves the closure of Martin Wells Lane, which is used as an access to allotments and the nearby Brickyard Pond, a fishing pond and recreational area. There is local opposition to this element of the scheme, but adequate access can still be provided via the new spine road through the proposed development.

* Local residents are also concerned about the effect on their privacy and light. Amendments have been made to the layout and design to address these issues. * Permission is recommended subject to arrangements for a Section 106 Agreement to secure affordable housing, public open space enhancement and the offer of public transport season tickets for each household.

RECOMMENDATION - PLANNING PERMISSION BE GRANTED

MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):

STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION

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

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

ENV49 Management and Creation of Wildlife Habitats ENV50 Species Protection ENV52 Design of New Buildings in Relation to Setting ENV53 Consideration of Wider Visual Impact of New Development ENV59 Protection of Existing Trees and Landscape Features PH11 Standards of New Development within Residential Policy Areas PH13 Standards of Residential Development PH19 Provision of Affordable Housing RL4 New Residential Development and Open Space Provision T5 New Development and Traffic Generation T6 Location of Development and Access to Public Transport

Emerging Local Development Framework (Core Strategy):

CS-B2 Incorporation of Sustainability Initiatives in Development Proposals CS-C4 Planning Obligations CS-H1 Housing Land CS-H5 New Housing Developments and Mixed Communities

2. For the following reasons:

Having taken into account all the material planning considerations including those raised in the consultations and representations, against the policy background referred to, it has been concluded that the proposed development is acceptable subject to compliance with the requirements of the planning conditions. The Local Planning Authority is satisfied that the redevelopment of this cleared housing site by a high-quality scheme incorporating a wide range of accommodation types is consistent with the objectives of the Unitary Development Plan 1998 and with the relevant regional and national planning policy guidance having regard to the efficiency of the use of land, the incorporation of sustainability measures and the contribution to local affordable housing stock. The effect of the development upon occupiers of neighbouring properties has been carefully considered and changes made to the design and layout to address the concerns raised. Likewise the objections relating to access arrangements to adjacent land to the west and north west of the site have been taken into account but it is considered that adequate access will be maintained and the proposals are acceptable on their planning merits irrespective of highway closure procedures involved.

======

Introduction

1. This is an application for full planning permission for a residential development of 151 dwellings on a vacant site from which 172 early nineteenth century terrace houses have been cleared.

2. The project is among the first of the Transform South Yorkshire Housing Market Renewal Pathfinder initiatives, whereby sustainable, attractive and vibrant places for people to live are being created in areas where low demand for or abandonment of existing housing stock is occurring, with the aid of significant central government funding.

3. The main point of access to the development would be via the former Thompson Avenue from Woodland Terrace (which forms part of Edlington Lane, the main road through Edlington). A secondary access is also proposed directly off Carr Road to the south-west.

4. Planning permission has been granted for a LIFT scheme Health Centre on land immediately adjoining the application site and forming part of the cleared housing site. Alongside this, a small part of the application site (0.2 hectares) has been earmarked for the accommodation of extra care facilities associated with the relocation of an existing such facility from Barnburgh House, Edlington Lane; this is subject to funding becoming available. For the purpose of this application, it is assumed that the land is part of the application site at present and 11 house plots are indicated in this area, which would not in fact be built should planning permission be granted in respect of the extra care facility and the project be committed.

5. During pre-application discussions it has been agreed that a section 106 Planning Obligation should cover the provision of affordable housing (30% provision on-site in this case), the number of units depending upon whether or not the extra care facility is implemented. The Agreement would also provide for a public open space provision of approximately 3.4% of the site area and a commuted sum payment based on 6.6% of the site value, so as to meet the public open space requirement for 10% of the site area as set out in Policy RL4.

6. The applicants sought a formal Screening Opinion under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The Screening Opinion concluded that the project by reason of its nature and scale is not within the categories designated in Schedule 2 of the EIA Regulations, and having regard to the previous use of the land, the surrounding development and its relationship to environmentally sensitive locations, the proposal is not likely to result in significant environmental effects, and that therefore a formal EIA is not required. However several supporting documents have been submitted with the application, as follows:-

Planning Statement including a Statement of Community Involvement Transportation Statement Flood Risk assessment Archaeological Assessment Tree and Hedgerow Survey Ecological Assessment Design and access Statement Ground Investigation Report Sustainability Statement

7. The proposals provide for a variety of units (16 types) to meet a range of housing needs, and include 25% as flats and apartments, 64% terrace or semi-detached houses, 5% detached houses and 6% bungalows. A particular feature of the layout is a central boulevard providing a tree-lined route from the entrance to the site in Woodlands terrace to the north western corner and the access to the allotments and Brickyard Pond. The boulevard passes through a small hard landscaped square and towards the western end of the site where the two secondary access roads meet the boulevard, a small grassed public open space is shown. Part of the highway is indicated as a dedicated cycleway.

Site and Surroundings

1. The site is located adjacent to the central shopping area of Edlington. It extends to approximately 3.47 hectares.

History

1. The housing estate which previously occupied the application site is understood to have been developed during the early 1920's; there has been no significant planning history affecting the site since that then.

Development Plan Allocation

1. The site is within a Residential Policy Area as designated in the Doncaster Unitary Development Plan 1998.

Consultation Responses

1. Neighbourhood Manager - fully supports the proposals, and comments as follows:

The Edlington area suffers badly in the provision of starter homes and affordable housing and the range of property types proposed in this scheme will go a long way to addressing this issue. The area also suffers high levels of crime and anti-social behaviour. It is particularly pleasing to note the involvement of the Police Architectural Liaison Officer in the project and the incorporation of the 'Secure by Design' principles.

2. South Yorkshire Passenger Transport Executive - recommend a requirement for the developer to offer annual South Yorkshire Travelmaster season tickets to each household in order to promote a lifestyle less dependent on the private car and to encourage use of the frequent bus services available within 400 metres of any part of the site.

3. South Yorkshire Police - the Architectural Liaison Officer has held discussions with the applicant and appropriate security measures have been incorporated in the design. 4. Environment Agency - recommend planning conditions which have been included.

5. Severn Trent Water - recommend planning conditions which have been included.

Publicity Responses

1. Edlington Town Council - object to the application on the following grounds: a. The unadopted highway known as Martin Wells Lane which runs alongside the northern boundary of the site, provides access to allotments and a fishing lake (the Brickyard Pond) in the ownership of the Town Council. An estimated 40,000 vehicle journeys per year are made to these sites. The proposed development will involve building over Martin Wells Lane and diverting traffic through the new housing site. This would raise issues of road safety, noise, dust and exhaust fumes. b. The loss of Martin Wells Lane would prejudice the future development of the Brickyard Pond area as a Country Park; this is a proposal for which the Town Council has long term plans, fully supported by extensive public consultation. c. The submitted site layout plan indicates a car park within the allotments adjoining the site at its north western corner. There has been no consultation over this and the Town Council has no plans to provide such a car park.

2. A petition has been received, signed by 14 residents of Bungalow Road (occupiers of properties adjoining the application site on its northern boundary) opposing the application. The main grounds of objection are as follows:- a. That the proposed new dwellings, because of their height, would take away any privacy existing residents have. b. The existing dwellings would be overshadowed by the by the proposed new houses which would be at a much higher level; the existing bungalows are set down well below the level of the application site. c. There seems to have been no sensible consideration of the security issues that may arise due to the removal of Martin Wells Lane and replacing it with car parking and a dead end footpath, and there has been no consultation with neighbours about this.

3. Individual letters of objection have been received from 6 local addresses. The main additional concerns expressed are as follows:- a. The Bungalow Road properties all have lounge /conservatory and bedroom windows at the rear so the impact of overlooking and overshadowing would be all the worse. b. Some of the buildings proposed for the north west corner of the application site would be 3 and 3.5 storeys high - much higher and closer to existing properties than were the houses which formerly stood in Dixon Road. c. The development includes some bungalows, and these should be located in the most sensitive part of the site behind the Bungalow road properties. d. There is some support for the principle of redevelopment of the site which is seen as good for Edlington generally, but disappointment with the detailed layout of the scheme as it affects Bungalow Road residents.

4. Edlington Group 5 Community Gardens & Allotments object to the proposals on 3 main grounds: a. The proposed car park is badly located, utilising some of the best allotment land together with an area used for turning by large vehicles. b. The proposed access to the allotments would be too narrow (narrower than the existing gates) and difficult for HGV's, tractors and trailers to negotiate. c. The tall buildings in the north western corner of the site would overshadow allotment plots greatly reducing their usefulness.

Assessment of Proposal

1. The application site is within a Residential Policy Area as designated in the Doncaster Unitary Development Plan 1998 and residential redevelopment is the preferred use of the land. The proposals are also compatible with and complementary to the surrounding land use which is mainly residential.

2. The site is brownfield (previously developed) land and therefore the proposals accord with Government planning guidance as set out in PPS 3 Housing.

3. The main planning issues are considered to be; First, the effect of the proposed development, having regard to its scale and density, on the character of the surroundings. Second, the sustainability credentials of the scheme. Third, the effect of the proposals, bearing in mind the design and layout of the buildings, upon the living conditions of neighbouring residents having particular regard to light, privacy and security. Fourth, the effect of the closure of Martin Wells Lane having regard to the implications for access to land beyond the application site to the west and north west.

4. The density of the proposed development is within the regional guideline range of 35 to 50 dwellings per hectare and is achieved while providing adequate private open space and a spacious street layout with good pedestrian and cycleway links as well as incidental open space. The inclusion of some 3 storey buildings at the western end of the site does not detract from the general compatibility of the design of the buildings with the surrounding area which comprises single and two storey properties. The design quality of the buildings and spaces is high and will provide a variety of street scenes, and it is considered that it will greatly enhance the visual quality of this part of Edlington.

5. With regard to sustainability, the relevant national planning guidance is set out in PPS 1 Delivering Sustainable Development. The proposals meet all the relevant criteria set out in paragraph 27 of that document. 6. The scheme represents an urban regeneration project which will promote a high quality, healthy, safe and inclusive community respecting special needs of particular sectors. The site is very well located in relation to public transport links, education facilities and other local services. It is also a highly efficient re-use of vacant land to provide a diverse range of housing stock including 'homes for life'. Several 'ecohome' measures are also included for the enhancement and protection of biodiversity.

7. Amendments have been made to the design and layout of buildings adjacent to the northern boundary of the site to address the concerns of residents of Bungalow Road. The revised layout indicates that these units are either single storey or two storeys in height and the aspect-to-aspect distances (the distance between rear windows of the existing and proposed houses) vary between 22 and 32 metres i.e. above the Council's minimum guideline figure of 21 metres. It is considered that, as amended, the layout and design is acceptable and fully accords with the criteria for new development in residential areas as set out in Doncaster Unitary Development Plan 1998 Policies PH11 and ENV52.

8. There is understandable local concern about the closure of Martins Well Lane, which at present provides a direct access to the allotments and the Brickyard Pond (a popular fishing pond and recreational area) to the west of the site. During public consultations this issue has been considered very thoroughly. However, to retain this access in its present form would severely constrain the development potential of the remainder of the site and it would be contrary to the advice of the Police Liaison Officer, South Yorkshire Police, who has commented as follows;

"The road (Martin Wells Lane) needs to be incorporated in to the fabric of the dwellings; to leave it in situ makes it a crime generator. Whilst we accept a level of permeability through the estate we have overwhelming evidence that rear alleys that have poor surveillance cause problems. In conclusion, from a police Architectural Liaison Officer point of view, the lane has to go."

Access to the allotments and Brickyard Pond would still be available, albeit in a slightly less direct form, via the main spine road of the development which would be quite adequate to cope with the existing traffic that uses Martins Well Lane. Should the Town Council's aspirations for the development of the country park come to fruition in the future, the issue of access would need to be addressed and radical alternatives would need to be explored.

The closure of the lane would be subject to consultation and formal procedures under separate legislation, but it is not considered to be an issue which should preclude the grant of planning permission.

9. Drawing together all the above considerations, it is concluded that the proposed development is acceptable in its amended form, and it will create a sustainable, safe and diverse residential environment, contribute significantly to Edlington's housing stock and in particular to affordable housing, and it will represent a major enhancement of the local environment. Permission is therefore recommended subject to the planning conditions as set out. THE FOLLOWING MATTER WAS REPORTED TO PLANNING COMMITTEE

Request to Speak Requests to speak made by Mr M Gates, Mr R C Shinn and Mr S Hanks (Interested Parties) in opposition to the application. Complied with Standing Orders. Officers have requested that one spokes person be appointed. Request to speak made by James Hobson (Consultant) in support of the application. Complied with Standing Orders.

The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.

RECOMMENDATION

Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES

01. U12988 1. No material operation as defined in Section 56 (4) (a) - (d) of the Town and Country Planning Act 1990 shall be carried out to commence the development pursuant to this planning permission until a Planning Obligation under Section 106 of the Act has been submitted to the Local Planning Authority and the Local planning Authority has notified the person(s) submitting the same that it is acceptable. The said Planning Obligation will provide as follows:-

A. The Owner shall purchase, or produce evidence of a contract to purchase, annual transport season tickets (South Yorkshire Annual Travel Master Card) so as to enable the offer of one such season ticket free of charge to each household within the development for one year from the date of first occupation of each dwelling; and that transaction shall take place before any of the dwellings are occupied.

B. The provision of affordable dwellings within the application site in the proportion of 30% of the total number of dwellings built, subject to the proviso that the number of affordable dwellings shall be adjusted downwards in the same proportion should the dwelling plots 141 to 151 inclusive become unavailable for the development as permitted.

C. The submission to the Council for approval of a Public Open Space Management Scheme and the subsequent provision of the public open space equivalent to 3.4% of the 10% of the application site area as required by Policy RL4 of the Doncaster Unitary Development Plan, before the completion of the 30th dwelling; and the payment to the Council of a commuted sum based on the site value of the remaining proportion of the 10% referred to, to be used for the enhancement or provision of public open space recreation facilities within the locality. REASON To encourage the increased use of public transport and the reduction of use of private cars, to ensure that adequate affordable housing is provided in accordance with the identified needs of the local community, and to ensure the provision and enhancement of public open space to meet the needs of the proposed development.

02. SB021 The development to which this permission relates must be begun not later than the expiration of three years beginning with date of this permission. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.

03. U12979 The development shall be carried out in accordance with the details shown on the amended plans Nos HH07/002/01D, HH07/002/35-1 to 35- 5 inclusive, HH07/002/41 and HH07/002/41/1. REASON To ensure that the development is carried out in accordance with the application as approved.

04. U12980 No construction of any buildings in connection with the development hereby permitted shall be begun until full engineering works of all proposed highway works have been submitted to and approved in writing by the Local Planning Authority, and the works so approved shall be completed in full to the satisfaction of the Local Planning Authority before any of the dwellings is occupied. REASON In the interests of highway safety.

05. 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.

06. VP16 No trees, shrubs or hedges existing within or on the boundaries of the site shall be topped, lopped or felled, uprooted or otherwise damaged for five years after the date of consent without the prior written permission of the Local Planning Authority. Any trees removed or becoming damaged or becoming diseased before the end of the period shall be replaced with trees of such size and species as may be agreed by the Local Planning Authority. REASON To ensure that all retained trees are in a healthy condition on the completion of the development and for the specified period afterwards.

07. 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.

08. VQ17 No development shall take place on the site until details of a landscaping/planting scheme have been agreed in writing with the Local Planning Authority. This scheme shall indicate all existing trees and hedgerows on the site, showing their respective size, species and condition. It shall distinguish between those which are to be retained, those proposed for removal and those requiring surgery. The scheme should also indicate, where appropriate, full details of new or replacement planting. All planting material included in the scheme shall comply with Local Planning Authority's 'Landscape Specifications in Relation to Development Sites'. Planting shall take place in the first suitable planting season, following the commencement of the development. Any tree or shrub planted in accordance with the scheme and becoming damaged, diseased, dying or removed within five years of planting shall be replaced in accordance with the above document. REASON To ensure that replacement trees are of a suitable type and standard in the interests of amenity.

09. V33G The area of public open space shown on the approved plan shall be graded, soiled and planted to the satisfaction of the Local Planning Authority concurrently with the carrying out of the development hereby granted. On substantial completion of the development the open space area shall be brought to a condition making it suitable for dedication to the Local Authority as public open space. If it is not intended that it be dedicated then details of a management plan which will ensure its maintenance and retention as public open space shall be submitted to and approved in writing by the Local Planning Authority within six months of the commencement of the development. REASON To ensure that the area defined as public open space is provided and maintained in a satisfactory condition.

10. 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.

11. VJ10 Details of all unbuilt areas, boundary walls and fences shall be submitted to and approved by the Local Planning Authority before the development hereby permitted is commenced, and such details as approved shall be completed before the buildings, or any parts thereof are occupied or used. REASON In order that the Council may be satisfied as to the details of the proposal.

12. U12982 Before the commencement of construction of any of the dwellings on Plots 101 to 121 (inclusive) as shown on the Planning Layout hereby approved, details of finished floor levels in relation to the northern site boundary shall be submitted to and approved in writing by the Local Planning Authority, and the dwellings shall thereafter be constructed in accordance with the details so approved. REASON To ensure that the privacy of occupiers of existing dwellings is safeguarded.

13. U12983 No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. The scheme shall incorporate sustainable drainage principles and shall not result in an increase in the rate of surface water discharge to the local land drainage system. The drainage works shall be completed in accordance with the details so approved and with a timetable to be agreed as part of the scheme. REASON To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

14. CLC2 Should any unexpected significant contamination be encountered during development all associated works should cease, and the Local Planning Authority be notified in writing immediately. A Remediation Strategy Report shall be submitted to the Local Planning Authority for approval. The associated works shall not re-commence until such time as all the validation data in accordance with the approved remediation strategy has been approved in writing by the Local Planning Authority. REASON To protect human health and controlled waters

15. U12984 Details of measures to secure the ecohomes features and enhancement of wildlife habitats within the landscaped areas of the site shall be submitted to and approved in writing by the Local Planning Authority before such measures are put in place. REASON To safeguard any protected species associated with the application site and to minimise the impact of the proposed development upon nearby wildlife habitats.

16. U12985 Details of the design of the proposed cycle and bin stores shall be submitted to and approved by the Local Planning Authority before such facilities are provided. REASON In the interests of visual amenity.

17. U12986 No buildings shall be erected nor trees planted within 2.5 metres of the 150mm public foul sewer which crosses the site. REASON To maintain essential access for maintenance, repair, renewal and to protect the structural integrity of the public sewerage system.

18. H29A Facilities to the satisfaction of the Local Planning Authority must be made available at all times within the curtilage of the site to avoid the deposition of mud or dust on the highway. Details of these shall be submitted to and approved by the Local Planning Authority prior to the commencement of the development. REASON In the interest of road safety.

19. EG02 No development shall take place until the applicant, their agent, or their successor in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted by the applicant and approved in writing by the Local Planning Authority. REASON To ensure that any archaeological remains present are preserved, either by being left in situ or recorded before they are damaged or destroyed.

20. U12989 Details of all external lighting shall be submitted to and approved by the Local Planning Authority before installation. REASON In the interests of visual amenity and to avoid light pollution. 01. 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.

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

03. U02035 INFORMATIVE TO ACCOMPANY CONDITION 13 The Remediation Strategy and Validation Report shall be prepared in accordance with CLR11, PPS23 and "Contaminated Land - A guide to developers in the Doncaster Borough"

04. INB INFORMATIVE Birds may be nesting in trees and shrubs on the site. It is an offence under the Wildlife and Countryside Act 1981 (as amended) to disturb nesting birds, and vegetation removal or disturbance should be timed therefore to avoid the nesting season (March to August inclusive). Schedule No: 2.

Application No: 07/02950/FULM

Ward Bessacarr And Cantley Parish

Proposal Erection of 12 detached dwellings on approx 0.72 ha of land following demolition of existing dwellings at No.s 6, 10 and 12 Location Land To Rear Of 6, 8, 10 And 12 Ellers Road Bessacarr Doncaster South Yorkshire Applicant Mullen Homes

Agent MPSL Planning

Date of Valid Application: 13th September 2007

** APPLICATION PREVIOUSLY CONSIDERED BY PLANNING COMMITTEE**

THE ABOVE APPLICATION WAS CONSIDERED BY THE PLANNING COMMITTEE ON 11/12/07 AND WAS DEFERRED FOR A SITE VISIT ON 04.01.08. IN OREDR TO ASSESS THE IMPACT OF THE DEVELOPMENT ON THE CHARACTER AND APPEARANCE OF THE CONSERVATION AREA. A VERBAL REPORT ON THE OUTCOME OF THE SITE VISIT AND THE RECOMMENDATION WILL BE PRESENTED AT THE MEETING.

======

MAIN POINTS OF REPORT

* This application is being presented to Committee due to a member of the Directorate of Development staff having an interest in the site.

* The site is located within the Residential Policy Area, as defined by the Doncaster Unitary Development Plan (adopted in 1998).

* The site is defined as brownfield in accordance with the definition set by PPS 3: Housing, Annex B, as it has been previously developed.

* The proposed development achieves a density of approximately 17dph.

* 5 letters of objection have been received and 2 letters of support.

* The scheme is considered to be harmful to the character and appearance of Bessacarr Conservation Area contrary to ENV25, involves the removal of several healthy trees contrary to Policies ENV21 and ENV59 and fails to provide an appropriate commuted sum in relation public open space contrary to Policy RL4. * The proposal is also contrary to Polices PH11, PH13 and ENV52.

RECOMMENDATION - PLANNING PERMISSION BE REFUSED

======

Introduction

1. The application seeks permission for the erection of 12 dwelling detached dwellings on approx 0.72 ha of land following demolition of existing dwellings at numbers 6, 10 and 12 Ellers Road.

Site and Surroundings

1. This application site consists of three detached bungalows and their gardens along with the rear garden area of a fourth bungalow. The site is on the north side of Ellers Road which is characterised by long narrow plots and backed by open land and tennis courts to the rear. The buildings form a set of 4 bungalows, which are not of intrinsic architectural significance though the form of the buildings and their location within long narrow plots is characteristic of the area. The low density of the site and the massing of the single storey buildings contributes to the open character of the area. The hedge planting of the boundary treatment also contributes to the green character of the area. The majority of the trees are contained in the long rear gardens some of which back onto the Lawn Tennis Club, which provides a prominent open green space within this part of the Bessacarr.

History

1. 93/0577/OTL Outline application for erection of detached bungalow and garage on approx 0.14ha of land to the rear of 8 Ellers Road. Refused 05/04/1993.

2. 04/2180/OUT Outline application for erection of 3 detached dormer bungalows on approx 0.2 ha of land following demolition of existing detached bungalow at 8 Ellers Road. Refused 10/06/2004.

3. 05/01549/OUT Outline application for the erection of one detached dormer bungalow on approx 0.2 ha of land (including details of siting and layout and means of access) following the partial demolition of existing detached bungalow at 8 Ellers Road. Granted 28/06/2005.

4. 07/02951/CAC Conservation Area Consent for demolition of 3 dwellings in connection with erection of 12 new detached dwelling at 6, 10 and 12 Ellers Road. Refused 08/11/2007.

(This application was refused as in the opinion of the Local Planning Authority the proposed demolition of 6, 10 and 12 Ellers Road was unacceptable as plans for the redevelopment of the site have not been agreed therefore contrary to ENV26 and Planning Policy Guidance 15). History for the Surrounding and Adjacent Properties

5. 03/1328/OUT Outline application for erection of 3 detached houses and garages (following demolition of existing bungalow and garage) on approx 0.18ha of land at 14 and 16 Ellers Road. Refused 28/04/2003.

6. 06/00267/FUL Erection of detached house and detached double garage on approx 0.08ha of land following demolition of existing bungalow at 14 Ellers Road. Granted 28/04/2006.

7. 06/00309/CAC Conservation area consent to demolish existing house in connection with the erection of a detached dwelling at 14 Ellers Road. Granted 28/04/2006.

8. 04/7820/FUL Erection of two detached houses on approx 0.18 ha of land following demolition of existing dwelling at 16 Ellers Road. Granted 21/01/2005.

9. 05/01405/FUL Erection of two detached houses on approx 0.18 ha of land following demolition of existing dwelling. At 16 Ellers Road. Granted 28/06/2005.

10. 05/02712/FUL Erection of two detached houses on approx 0.18 ha of land following demolition of existing dwelling (Being substitution of house types on plots 1 and 2 previously granted permission under ref 05/01405/P on 28.06.05.) at 16 Ellers Road. Granted 30/09/2005.

11. 04/1225/FUL Change of use from dwelling house to meeting hall at 20 Ellers Road. Refused 28/04/2004.

12. 06/0944/FUL Erection of part two storey/part first floor pitched roof extensions to side/rear and ground floor infill extension to front of detached house at 20 Ellers Road. Granted 19/06/2006.

13. 07/03202/FUL Erection of 2 no. detached dwellings on approx 0.10ha of land following demolition of existing dwelling at 20 Ellers Road. Decision Pending.

14. 07/03203/CAC Conservation Area Consent for demolition of existing dwelling in connection with erection of 2no detached dwellings at 20 Ellers Road. Decision Pending.

15. 05/03543/FUL Erection of detached house and detached bungalow on approx 0.04 ha of land following demolition of existing dwelling at 9 Ellers Road. Granted 25/01/2006.

16. 06/01223/FUL Erection of three detached dwellings on approx 0.21ha of land following demolition of existing dwelling and garage at 9 and 11 Ellers Road. Granted 19/09/2006.

17. 06/02800/CAC Conservation area consent to demolish existing bungalow in connection with the erection of 3 detached dwellings at 9 Ellers Road. Granted 29/12/2006.

18. 07/02059/FUL Erection of detached dormer bungalow and garage on approximately 0.07 ha of land (Being substitution of house types on plot 3 previously granted permission under Ref: 06/01223/FUL on 19.09.2006) at 9 and 11 Ellers Road. Granted 28/01/2007. Development Plan Allocation

1. The site falls within the Residential Policy Area and, as defined by the Doncaster Unitary Development Plan (adopted 1998) and as such the following policies are applicable:

PH11 Residential Development PH13 Residential Standards ENV52 Design of New Building ENV25 Conservation Area ENV59 Protection of Tree's ENV21 Trees and Woodlands ENV43 New Development and Nature Conservation RL4 Local Public Open Space Provision T5 Highways

Planning Policy Statement 1: Delivering Sustainable Development Planning Policy Statement 3: Housing Planning Policy Guidance 15: Planning and Historic Environment

Consultation Responses

Consultees for this application include,

1. Highways Development Control has raised no objection subject to mitigation by suitable condition.

2. Tree Officer has objected to the proposal on the grounds that there is to be a significant loss of greenery, including trees, the numerous shrub masses and boundary features.

3. Ecologist Planner has raised no objection subject to mitigation by suitable condition.

4. The Authority's Landscape Planner has raised no objection subject to mitigation by suitable condition.

5. Design and Conservation Officer has objected to the proposal on the grounds that the intensiveness of the development creates a layout that is not part of the spacious, open and green character of the area, and introducing a cul de sac type development into an area with relatively few developments of this nature.

6. Yorkshire Water Services Ltd has raised no objection subject to mitigation by suitable condition.

7. Pollution Control has raised no objection subject to mitigation by suitable condition.

8. No objection has been received from the National Grid, South Yorkshire Archaeology Service, Urban Renaissance, Neighbourhood Manager (Bessacarr and Cantley). Publicity Responses

1. The application was advertised by means of a site notice and neighbour notifications in accordance with Circular 15/92 Publicity for Planning Applications. 5 letters of objection and 2 letters of support were received. Concerns include:- Highway safety, overlooking, drainage, out of character and contrary to the guideline set down in the Bessacarr Development Guide.

2. Support include: Green and mature setting, design on the street scene and designed for family housing.

Assessment of Proposal

1. The site is a brownfield site, in accordance with the definition contained within Annex B of Planning Policy Statement 3: Housing. The site is located within the Residential Policy Area and Bessacarr Conservation Area as defined by the Doncaster Unitary Development Plan (adopted in 1998) therefore, in principle, residential development is considered acceptable.

Layout, Form and Character of Area

2. Policy PH11 relates to development within Residential Policy Areas, and states that, within Residential Policy Areas, development for housing will normally be permitted except where (a) the development would be at a form and layout, which would be detrimental to the character of the surrounding area. The proposed layout of the frontage buildings compliments the Conservation Area and the replacement of bungalows with detached buildings following a well-established building line would not materially affect the character or appearance of the Conservation Area in terms of loss of spacing. An access road between nos.10 and 12 would not unduly disrupt the frontage appearance.

3. The layout to the rear of the site is more problematic as by its very nature it will disrupt the plot layout of the Conservation Area and increase the density of building. The buildings and their garages occupy roughly 1:5 of the plot in this part. This combined with hard landscaping for access drives and paths will reduce considerably the proportion of soft to hard landscaping thus adversely affecting the green character of the area.

4. It is considered that the proximity of plots 4 and 5 and opposite them plots 7,8,9 and 10 with only 2-3 metres separation distances is closer than desired and as such it is considered that this will have an impact on the occupiers and the character of the Conservation Area.

5. This is an issue with 2 1/2 storey gabled buildings where the closeness of the buildings is exacerbated by their height. Although this may not be evident from Ellers Road due to the careful layout of the buildings it will be apparent from elsewhere particularly from the top of Ellers Road and from the public footpath and open spaces linking Ellers and Saxton Road in the vicinity of the Tennis Club.

6. With particular reference to density, PPS3 makes it clear that whilst it encourages efficient use of land, development should also respect local character. In Bessacarr Conservation Area, the historic layout has resulted in lower densities than elsewhere and full use of land is not acceptable as a justification for relatively intensive schemes compared to the surrounding area. 7. It is considered that the proposal would also detract from the character and appearance of Bessacarr Conservation Area by virtue of its form and layout; introducing a cul de sac type development into an area characterised by individual and paired dwellings on long narrow plots. Therefore, being contrary to Policies PH11, PH13 and ENV25 of the Doncaster Unitary Development Plan 1998.

Highways

8. Policy T5 relates to highways 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. Highways Development Control raised no objections to the application, subject to conditions. The proposal is therefore, considered to accord with Policy T5 of the Doncaster Unitary Development Plan (adopted in 1998).

Trees

9. There is to be a significant loss of greenery, including trees, the numerous shrub masses and boundary features. Hence, the long-term retention of the better specimen trees is essential in order to retain a semblance of the existing green character of the site. Although it would appear that a reasonable amount of effort has been made to achieve this, upon closer inspection the Local Planning Authority is not convinced that the desired objectives of counterbalancing the large amount of greenery to be lost with the long-term retention of selected trees has, in fact, been achieved.

10. Aside from the additional direct loss of five of these better specimen trees, the Local Planning Authority has concern as to the retainability of those trees shown for retention. This concern is not restricted to the long-term retainability (by virtue of the proximity of these trees to the proposed residential units and the dominance the trees are likely to exert upon living spaces and recreational areas. Rather, of more immediate concern is the breaching of the Root Protection Areas (RPAs) of several of these trees shown for retention. Disturbance within these RPAs raises concerns as to the survivability of these trees even in the short term.

11. The proposed development by virtue of its size and siting is considered unacceptable due to the impact upon the amenity and green character of the area. Therefore it is considered that the proposal is contrary to Policies ENV21 and ENV59 of the Doncaster Unitary Development Plan 1998.

New Development and Nature Conservation

12. The ecological survey of the site does identify habitats and species of local interest and there are no protected species roosting in the present buildings or breeding in the small water bodies in the gardens. The survey submitted does identify current and potential wildlife value of the site particularly from the trees and other habitats.

In order to mitigate any impact on the ecology on the site the ecologist planner has recommended that some of the felled trees are to be retained on site in suitable areas to provide additional habitat. A wildlife scheme would be required to use the area for bat foraging and provide roost sites for bats. A condition is recommended should Members resolve to grant planning permission however officer recommendation is still to refuse for the reasons outlined at the end of this report.

Local Public Open Space Provision

13. Policy RL4 part (c) states, where the size of the development site is such that 10-15% of the site area would result in an area of local public open space of less than 0.4ha (1 acre) the Borough Council may require the applicant to provide a commuted sum, in lieu of an area of open space, to be used for the creation of a suitable area of open space elsewhere or for the enhancement of an area of existing public open space in the vicinity of the development site. The applicant has stated that there is only a net gain of 9 dwellings as 3 existing dwellings are to be demolished and rebuilt with this current proposal for 12 dwellings. The developer is unwilling to contribute towards Public Open Space. The Local Planning Authority is of the opinion that the application is for 12 new dwellings therefore Policy RL4 applies.

Summary

14. In summary, it is considered that the proposed development would detract from the character and appearance of Bessacarr Conservation Area by virtue of its form and layout; introducing a cul de sac type development into an area characterised by individual and paired dwellings on long narrow plots and the removal of several healthy trees and a reduction of the green and open character of the area. The applicant has stated that the net gain is only 9 dwellings therefore a commented sum for the enhancement of existing local public open space in the vicinity of the site is not required. However the Local Planning Authority consider that the proposal consisted a development of 12 new dwellings and therefore contributions to public open space is applicable.

THE FOLLOWING MATTER WAS REPORTED TO PLANNING COMMITTEE

Para 13 Local Public Open Space Officers disagree with the applicants claim that policy RL4 is not applicable as the site would only result in a further 9 dwellings as there are three dwellings on the site that are to be demolished. The policy specifically relates to schemes of 10-20 dwellings, therefore, it is officer opinion that the policy is applicable and as such a contribution of 10% of the land value shall be paid in the form of a commuted sum in lieu of Open Space. For clarity, the applicant has made an offer of £37,500 in lieu of Public Open Space, however, it is considered that this is not an appropriate sum as it falls well short of the 10% of the site value which would be £160,000. Following detailed investigations by officers, there are two Public Open Space sites within close proximity that are in need of Public Open Space enhancement. These being a play area at Haslam Park on Ellers Drive which is in need of replacement play equipment and West Bessacarr Park on Stoops Lane that is capable of accommodating formalised sports pitches. Therefore, it is confirmed that there are existing sites in the nearby area that would benefit directly from the contribution that would be made by this site. Request to Speak Request to speak made by Mr S Mullen (Applicant) in support of the application. Complied with Standing Orders.

RECOMMENDATION

Planning Permission be REFUSED

01. U12972 In the opinion of the Local Planning Authority the proposed development is considered unacceptable in that the scheme would be of a form and layout which would be out of keeping with, and harmful to the character of the surrounding area contrary to Policies PH11 (a) PH13 (e) and ENV52 of the Doncaster Unitary Development Plan 1998. The proposal would also detract from the character and appearance of Bessacarr Conservation Area by virtue of its form and layout; introducing a cul de sac type development into an area characterised by individual and paired dwellings on long narrow plots. This would be contrary to Policy ENV25 of the Doncaster Unitary Development Plan 1998. The proposal would also detract from the character and appearance of the Conservation Area by virtue of the proposed removal of several healthy trees and a reduction of the green and open character of the area also therefore contrary to Policy ENV25 of Doncaster Unitary Development Plan 1998.

02. U12973 In the opinion of the Local Planning Authority the proposal is contrary to Policies ENV21 and ENV59 of the Doncaster Unitary Development Plan 1998 in that several healthy trees would be removed as part of the development. Moreover, the cumulative effect of the loss of the additional green features will impact unacceptably upon the amenity and green character of the site.

03. U12975 In the opinion of the Local Planning Authority the proposal fails to comply with the Local Planning Authority's requirements in respect of public open space set out in Doncaster Unitary Development Plan Policy RL4 (d) which require that 10% of the land value with the benefit of planning permission be given over to the Local Planning Authority by way of a commuted sum for the enhancement of existing local public open space in the vicinity of the site. Schedule No: 3.

Application No: 07/03122/FUL

Ward Town Moor Parish

Proposal Erection of part 2 storey/ part first floor pitched roof extension to rear of semi-detached house Location 69 Oakhill Road Wheatley Hills Doncaster South Yorkshire

Applicant Mr K Richards

Agent

Date of Valid Application: 28th September 2007

** APPLICATION PREVIOUSLY CONSIDERED BY PLANNING COMMITTEE**

THE ABOVE APPLICATION WAS CONSIDERED BY THE PLANNING COMMITTEE ON 11/12/07 AND WAS DEFERRED FOR A SITE VISIT ON 04/01/08. IN ORDER TO ASSESS THE IMPACT OF THE DEVELOPMENT ON THE RESIDENTIAL AMENITY OF OCCUPIERS OF ADJACENT PROPERTIES. A VERBAL REPORT ON THE OUTCOME OF THE SITE VISIT AND THE RESULTANT RECCOMMENDATION WILL BE PRESENTED AT THE MEETING.

======

MAIN POINTS OF REPORT

* The application has been requested to be presented to Committee by Councillor Hampson.

* The site falls within the Residential Policy Area of the Doncaster Unitary Development Plan.

* The only constraints to affect the site are that the site falls on or within 250m of a landfill site.

* No objections received from consultees.

* Three letters of objections received from interested parties. The main concerns being over bearing, over dominance, over shadowing, impact on natural daylight/health issues, out of character, access/maintenance issues and inaccuracies with the submitted plans. * The size and design of the proposal accords with the Council's adopted Supplementary Planning Guidance (SPG) Extensions to Domestic dwellings.

RECOMMENDATION - PLANNING PERMISSION BE GRANTED

MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):

STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION

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

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

ENV54 - Alterations and extensions to existing properties.

2. For the following reasons:

Having taken into account all the planning considerations raised, against the policy background referred to above, it has been concluded that the proposed development is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the adopted Doncaster Unitary Development Plan 1998, taken together with advice in the relevant national planning policy guidance, justifies residential development in this location on the scale proposed.

It is considered that the design of the proposed development is appropriate to its setting and would safeguard the living conditions of neighbouring residents having regard to light, privacy, noise and disturbance arising from construction activity, and outlook, in so far as such matters can be regarded as material planning considerations and subject to mitigation by the attached planning conditions.

======

Introduction

1. This application seeks permission to erect a part two storey/part first floor pitched roof extension to the rear of a semi-detached house at 69, Oakhill Road, Wheatley Hills, Doncaster. This application has been requested to be presented to committee by Councillor Hampson.

Site and Surroundings

1. The property is a semi-detached house set within an established residential area. The external appearance of the dwelling is brickwork with concrete double roman roof tiles on a hipped style roof. The property has a detached single garage located to the rear, which is within a medium sized rear amenity area. The property is surrounded on both sides by properties of similar proportions, design and age. History

1. There is no recent relevant history related to this site.

Development Plan Allocation

1. The site falls within the Residential Policy Area of the Doncaster Unitary Development Plan. The appropriate policy concerning the extension is ENV54 - Alterations and Extensions to existing dwellings.

2. The adopted guidance for Extension to Dwellings is also appropriate.

Consultation Responses

1. No objections received from consultees.

Publicity Responses

1. Three letters of objections received from interested parties. The main concerns being over bearing, over dominance, over shadowing, impact on natural daylight/health issues, out of character, access/maintenance issues and inaccuracies with the submitted plans.

Assessment of Proposal

1. The proposal accords with the Councils Supplementary Planning Guidance (Extensions to Domestic Dwellings) adopted 20th July 2004, in that the extension is subservient to the main dwelling and represents no impact upon the character and appearance of the street scene, as the proposal is to the rear of the dwelling.

2. The proposed extension is part first floor and part two storey. No part of the proposal would be visible from the public highway. Three third party objections have been received in relation to over bearing, over dominance, over shadowing, impact upon natural daylight/health issues, being out of character, access/maintenance issues and inaccuracies with the submitted plans. It is considered that the proposal is acceptable in terms of size, scale and design and the application fully complies with Policy ENV54 - Alterations & Extensions to Domestic dwellings and our Supplementary Planning Guidance notes. The objections raised are addressed as per the following points:

Over bearing, over dominance and over shadowing

3. It is considered that the proposal would not be over bearing or over dominate the attached neighbouring property (number 71, Oakhill Road, Wheatley Hills), this is considered to be the case as the size of development proposed is well within the limits of the generally accepted amount of development for a semi-detached house and therefore the proposal fully complies with our Supplementary Planning Guidance notes (SPG).

4. It is acknowledged that there is potentially an element of overshadowing to number 71, Oakhill Road, but this is considered to be insufficient to warrant refusal of this size of proposal, to this type of property, being of semi-detached house. It is also noted that number 71, Oakhill Road are contributing to any overshadowing of the ground floor rear dining room window, as the property has an existing ground floor rear offshoot, which does not extend fully across the rear width of the property, therefore contributing to any detrimental effects up on the rear ground floor dining room window by the existence of the rear offshoot.

Loss of natural daylight

5. Loss of natural daylight is not a material planning consideration, and any potential over shadowing by the proposal has been addressed above.

Impact upon health and access/maintenance issue

6. Both of the above issues are non-material planning considerations. The issue of access/maintenance for maintaining guttering/fascias etc are civil issues and therefore they cannot be taken account of in the deterimatin of any planning application. For clarity the extension is not proposed to be built up to and onto the boundary, there is a proposed gap of 150mm.

Proposal being out of character

7. It is considered that the proposal is not out of character for the type of dwelling, surrounding area or surrounding properties. The proposal will not be visible from the public highway, as it is to the rear of the dwelling, therefore the proposal would have no impact upon the character or appearance of the street scene.

The submitted plans are inaccurate

8. The submitted plans are considered to be acceptable, as they identify, including a scale all the information, which is normally required for such an application. When considering submitted plans consideration includes all the relevant information, including floor and elevation plans using the scale provided.

9. Planning conditions controlling materials are recommended to ensure that the extension reflects the finishes of the original dwelling, should Members resolve to grant planning permission.

10. Whilst the comments made by interested parties have been noted it is considered that there are no reasons to refuse planning permission that would be supported at appeal bearing in mind the proposal complies with the Council's Adopted Guidance for Extension to Dwellings and to the relevant Development Plan Policy ENV54 of the Doncaster Unitary Development Plan 1998.

11. Taking account of all the above it is considered that the proposed extension is acceptable and would not unreasonably impact on the living conditions of the occupants of nearby dwellings and as such is recommended accordingly. THE FOLLOWING MATTER WAS REPORTED TO PLANNING COMMITTEE

Request to Speak Request to speak made by Mr Woodiwiss (Interested Party) in opposition to the application. Complied with Standing Orders.

RECOMMENDATION

Planning Permission be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AND INFORMATIVES

01. SB021 The development to which this permission relates must be begun not later than the expiration of three years beginning with date of this permission. REASON Condition required to be imposed by Section 91(1) of the Town and Country Planning Act 1990.

02. VC03 The external material and finishes shall match the existing property. REASON In the interest of visual amenity.

03. PI09 No additional windows shall be created or other alterations made to the dwelling and/or extension hereby permitted without the prior permission of the Local Planning Authority. REASON To ensure that the matters referred to can be the subject of further consideration by the Local Planning Authority in the interests of amenity.

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

02. IL121 INFORMATIVE The proposed development is within 250 metres of a landfill site about which insufficient information is known to permit an adequate response to be made on the extent to which landfill gas may be present on or off site. Schedule No: 4.

Application No: 07/02551/FULM

Ward Torne Valley Parish Conisbrough Parks Parish Council

Proposal Erection of building to house national biomass electricity generation system linked to redevelopment of redundant farm buildings to 14 dwellings Location Lodge Farm Park Lane Conisbrough Doncaster

Applicant Filereason Ltd

Agent M M Planning Associates

Date of Valid Application: 28th November 2007

======

MAIN POINTS OF REPORT

* This is a proposal to convert and rebuild an existing traditional range of farm buildings to provide 14 new dwellings which would include some live/work units.

* The application site forms part of a 141 hectare agricultural holding, most of which is planted with willow coppice for harvesting as a commercial biomass fuel.

* It is proposed to provide heat and power for the development from a biomass electricity generator to be housed in a new building alongside the proposed complex.

* The works to adapt, extend and redevelop the existing buildings for residential use are considered to exceed what is permissible under Unitary Development Plan Policy ENV10.

* Letters of objection have been received from 2 local residents concerned about encroachment in the Green Belt and increased vehicular usage of the long narrow access road serving the site.

* The site is in an isolated location within the Green Belt and is situated some 2 kilometres from the nearest main road and 35 minutes walk from the nearest bus route.

* To allow a development of 14 dwellings in such an unsustainable location is considered contrary to national planning policy guidance and Policy T6 of the Unitary Development Plan. * The proposal is referred to committee as it is considered as a departure from the Unitary Development Plan.

RECOMMENDATION - PLANNING PERMISSION BE REFUSED

======

Introduction

1. This application is for the conversion and redevelopment of existing farm buildings to provide 14 dwellings, and the erection of a new building to house a National Grid biomass electricity generator and a combined heat and power plant to serve the development.

2. The proposals would utilise and extend the existing range of farm buildings, but the existing farmhouse would be demolished and replaced by new buildings reflecting the character and design of the existing farm buildings. It is stated that the floorspace of the buildings would be increased from 2328 square metres to 2685 square metres.

3. The proposals also provide for car parking spaces and the improvement of the existing access road (Park Lane) within the applicant's ownership.

4. The biomass plant and associated installation would be housed in a 20 m x 10m steel portal frame building to the south of the existing group of farm buildings.

5. Alterations are also proposed to an existing storage building alongside the Park Lane to the west of the main buildings; this would be set back from the road and its front elevation would be reclad to blend in with the main buildings.

6. A number of supporting documents have been submitted with the application, as follows -

Planning Statement Design and Access Statement Structural Survey Bat & Owl Survey Technical Information in respect of Biomass Generator Advisory Report on potential for Low Carbon Building Design

Site and Surroundings

1. The site is located approximately 3 km (1.9 miles) to the south of the centre of Conisbrough, in open countryside. Lodge Farm extends to141 hectares. It was formerly a mixed farming enterprise, but for some years the main activity has been the cultivation of biomass willow coppice, and approximately 95 hectares are currently devoted to this. The traditional range of farm buildings is located on the western side of Park Lane. The farmhouse is derelict and the remaining farm buildings are mostly disused.

2. The existing main range of buildings incorporates the two-storey farm house together with traditional brick and stone barns, storage buildings and livestock pens. These older buildings, together with a large, more recent, metal clad storage building on the eastern side of Park Lane, form a compact group in an isolated, elevated position and they are consequently quite prominent in the landscape.

3. Access to the site is via Park Lane, a narrow, metalled road which links Sheffield Road, Conisbrough, with Braithwell Common. From the farm to Sheffield Road is almost 2km (1.25 miles). Park Lane is a public right of way and Bridleway.

History

1. There is no recent relevant planning history.

Development Plan Allocation

1. The site is within the Green Belt as designated in the Unitary Development Plan.

Consultation Responses

1. Environment Agency, Severn Trent Water, South Yorkshire Archaeology Service - have been consulted and any responses received will be reported at the meeting.

2. Conisborough Parks PC - as above.

Publicity Responses

1. Letters of objection have been received from two local residents. The main points raised are as follows

The proposed development and associated traffic would be intrusive in the Green Belt.

Park Lane is unsuitable as an access to serve 14 dwellings, the increased usage by vehicular traffic would conflict with the legitimate use by walkers and horse riders. The applicant does not own the whole of Park Lane and would not be in a position to carry out all the necessary improvements to cater for the traffic involved.

The development would be harmful to wildlife, particularly bats.

Assessment of Proposal

1. The application site is within the Green Belt where Unitary Development Plan Policies ENV3 and ENV10 are especially relevant. Policy ENV3 sets out categories of development that are exempt from the restrictions on development within the Green Belt. One of these is the re-use of existing buildings subject to the limitations included in policy ENV10.

2. Policy ENV10 sets out several criteria against which applications for the conversion of existing buildings to other uses appropriate to the rural area. The most relevant of these criteria, in this case, are

that the buildings are of permanent and substantial construction, and are capable of conversion without major or complete reconstruction that the proposed development would not have a materially greater impact than the present use on the openness of the Green Belt and the purposes of including land within it that the proposed use is appropriate to the rural area and (would not) create or aggravate highway, public service or amenity problems that the building is capable of conversion to the proposed use without the need for significant extension to the existing structure and has sufficient land attached to provide for functional needs (including off-street car parking, and in the case of dwellings, garden space) which can be provided without adversely affecting the character of the surrounding landscape.

3. The proposed new building to house the biomass generator is not within any of the categories referred to in Policy ENV3, and technically it cannot be regarded as appropriate development within the Green Belt because it purpose is to provide energy to meet the needs of a housing development. Had the unit been intended to provide heat and power for an appropriate rural use, such as processing of agricultural products, rural craft workshops or similar, it could be treated on its merits given the special circumstances involved.

4. The structural survey of the existing farm buildings indicates that the works required to enable the conversion would far exceed the relatively minor rebuilding that Policy ENV10 allows for. In practice this development would amount to redevelopment rather than conversion. While the work could be carried out without fundamental change to the scale and massing of the buildings, the visual impact of the development would be heightened considerably by the intensity of the residential use. The isolation of the site would inevitably mean a heavy reliance on the private car, and the requirements for car parking, as well as the impact of additional traffic in this isolated rural location, would, it is considered, cause clear harm to the rural character of the area and detract from the openness of the Green Belt.

5. The remoteness of the site from the main road network is also a significant issue. It would create serious access difficulties for public service an d delivery vehicles, and greatly increase the vehicular usage of the substandard Park Lane.

6. Moreover, the site is at least 35 minutes walk from the nearest point at which public transport is available (Old Road, Conisbrough). To allow a development of 14 dwellings in such a location would conflict with the relevant national planning policy guidance (PPS1 Delivering Sustainable Development) and also the relevant UDP Policy (T6) which steers new development, wherever possible, to locations served by public transport.

7. The applicant states that some of the proposed accommodation would be managed as live/work units. However, even if such a regime were to be established and a reduction in journeys to work thereby achieved, the location of the site would still result in a reliance upon private transport for all other activities. It is therefore considered that the live/work element would not amount to a mitigating factor in this regard.

8. Drawing together all the above considerations, it is concluded that the proposals fail against the key criteria (a), (b), (g) and (h) of Policy ENV10 and the conversion and redevelopment of these buildings is not justified in this Green Belt location. The proposals are therefore also contrary to Policy ENV3. The sustainability credentials of the scheme are boosted by the proposals to use locally sourced biomass fuel but this is greatly outweighed by the disadvantages of the unsustainable location of the site. Members are therefore advised that there are no very special circumstances in this case to justify an exception to the restrictive Green Belt policies that apply.

RECOMMENDATION

Planning Permission be REFUSED

01. U13201 The application site is located within the Green Belt as designated in the adopted Doncaster Unitary Development Plan (UDP). Policy ENV3 of the Unitary Development Plan provides that development within the Green Belt will not be allowed, except in very special circumstances, unless it is for the purposes of agriculture and forestry or other defined categories of development including the re-use of buildings subject to the limitations included in Policy ENV10. In the view of the Local Planning Authority neither the building to house the proposed biomass generator nor the proposed development of 14 dwellings would be appropriate rural development inn the context of Policy ENV3.

02. U13202 Policy ENV10 of the Unitary Development Plan sets out the criteria against which proposals for the conversion of existing rural buildings to residential use will be judged. In the opinion of the Local Planning Authority the proposed development would involve substantial reconstruction of buildings not readily capable of conversion to residential use, and the works required to the buildings and surroundings, together with the vehicular activity generated by such an intensive form of residential development in this location, would be harmful to the character of the character of this rural area and would fail to satisfy the relevant criteria in respect of the re-use of rural buildings as set out in Unitary Development Plan Policy ENV10.

03. U13203 In the opinion of the Local Planning Authority the location of the site, being remote from the main highway network, local services and public transport, means that the proposed development would be unsustainable despite the proposed utlisation of a local renewable energy source, and it would be contrary to the principles set out in national planning policy guidance (PPS 1 Delivering Sustainable Development) and it would also be in conflict with the objectives of UDP Policy T 6 which seeks to steer new development, wherever possible, to locations served by public transport. Schedule No: 5.

Application No: 07/02620/FULM

Ward Wheatley Parish

Proposal Erection of 15 apartments with ancillary car parking and landscaping following demolition of existing dwellings on approx. 0.13ha of land Location 6-6aTown Field Villas Doncaster South Yorkshire DN1 2JH

Applicant Mr C Lloyd

Agent Gka Planning And Design

Date of Valid Application: 22nd August 2007

======

MAIN POINTS OF REPORT

* The proposal is for 15 flats in one residential block.

* The application is being presented to Committee due to the significant public interest shown in the application.

* The application site is classed as brownfield in accordance with annexe B Planning Policy Statement 3.There are currently two properties occupying the site.

* The site is within the Christ Church Doncaster Conservation Area and a Residential Policy Area as designated within the Doncaster Unitary Development Plan adopted 1998.

* 15 letters of objection received from local residents.

* No objections received from consultees.

* Permission is recommended for approval subject to a Section 106 legal agreement required for affordable housing and a commuted sum for Public Open space.

RECOMMENDATION - PLANNING PERMISSION BE GRANTED SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):

STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION

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

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

PH11 - Residential Amenity PH13 - residential Standards ENV25 - Conservation Areas ENV52 - Design of New Buildings RL4 - Local Public Open Space Provision PH19 - Affordable Housing T5 - Highways ENV59 - Protection of Trees ENV60 - Landscape in New developments ENV43 - New Development and Nature Conservation

Planning Policy Statement 1 - Delivering Sustainable Development Planning Policy Statement 3 - Housing Planning Policy Guidance 13 - Transport Planning Policy Statement 23 - Planning and Pollution Control

2. For the following reasons:

Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed development is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the Doncaster Unitary Development Plan adopted1998, taken together with advice in the relevant national planning policy guidance, justify residential development in this location on the scale proposed.

It is considered that the proposed development by virtue of its size, design and siting will not impact adversely on the character and appearance of the Christ Church Doncaster Conservation Area. It is also considered that the redevelopment of the site with 15 flats will not be detrimental to residential amenity and conditions have been imposed. The location of the site is considered sustainable being in close proximity to local bus services and is acceptable on highway grounds.

======

Introduction

1. This application seeks permission for the erection of 15 apartments with ancillary car parking and landscaping following demolition of the existing two dwellings on approx 0.13ha of land at 6-6a Town Field Villas, Doncaster. 2. The proposal also includes a covered bin store near the entrance to the site.

3. The planning application has been amended since its original submission, the main building was positioned further back on the site a bin store was moved and design details altered.

4. The application is presented to Committee because of significant public interest shown in the application.

Site and Surroundings

1. The application site is 0.13ha and is currently occupied by a house and bungalow with ancillary out buildings.

2. The site is located within the Christ Church Doncaster Conservation Area which adjoins the Doncaster Town Field Conservation Area at the front of the site.

3. Vehicular access and egress to the properties is proposed via the existing access on Lawn Avenue with a pedestrian access on to Town Field Villa access Road.

4. Residential properties are located in the form of flats on the Western and Southern boundaries of the site with a School located on the Northern boundary. The east of the site (front) is separated from Town Fields by an adopted highway Town Field Villas Access road.

5. There are existing trees within the site to the front of the properties to the south east, with the main trees along the northern boundary overhanging the site from the adjacent school grounds.

History

1. A previous application was submitted under reference 06/02044 for the erection of 17 apartments which was subsequently withdrawn.

2. An application for Conservation area consent to demolish 6 and 6a Town Field Villas was granted under reference 07/02621 on 18/10/07.

Development Plan Allocation

1. The site falls within a Residential Policy Area as defined within the Doncaster Unitary Development Plan adopted 1998.

Consultation Responses

1. South Yorkshire Archaeology have advised there are no archaeological implications.

2. South Yorkshire Fire and Rescue Service have advised access should accord with approved document B vol 2 part B5 section 16.11 and tables 19 and 20. 3. National Grid -There is an intermediate pressure main adjacent to the site therefore they require the contractors to contact them to discuss proposals and safe working practices, any restrictions and regulations.

4. Public Health team have raised no objections.

5. Environment Agency have no comments to make on this application.

6. Yorkshire Water have raised no objections subject to conditions.

7. Land Drainage have commented that there are no drainage details and that the developer should consider Sustainable drainage solutions.

8. Environmental Health (Pollution Control) have commented that as the application is for a sensitive end use that in line with PPS23 a site investigation is carried out and has recommended conditions.

9. Highways Development Control have raised no objection subject to condition and that adequate measures to avoid discharge of surface water onto the highway.

10. Environment (Ecology) have raised no objections subject to a condition for a wildlife enhancement scheme which makes provision for bat boxes.

11. Environment (Landscape) have raised no objections to the proposal subject to a condition for a landscaping scheme based on the submitted plan.

12. Environment (Trees) have commented that they have no objection to the removal of the trees within the site and as their condition form and placement do not warrant retention. There are trees of superior amenity value adjacent to the site situated on the Town Fields that maintain the character of the Conservation Area.

13. English Heritage do not wish to offer any comments on the application.

14. Urban Renaissance (Design and Conservation) raise no objections to proposal as the building has been set back so that it follows more closely the established building line to the south whilst preserving a view to the school across the back of the property. The proposed bin store is now gabled and is more in keeping with the built form of the area. A number of details have been incorporated to reinforce the perception of the front of the building (facing Town Moor) as a villa pair. The rear elevation remains somewhat plain and has a more institutional feel but this does not impact on key views. The proposal as it stands does not impact adversely on the character and appearance of the conservation area. Conditions recommended.

15. The Housing Team have commented that affordable housing should be provided on site. Publicity Responses

1. A total of 15 letters of objection including second responses from some objectors have been received from Members of the Public. The following issues have been raised -

Errors in the notation on the submitted plans which are not significant to the consideration of the application. Alleged lack of site notice. Over-intensive development in a Conservation Area surrounded by houses of modest density and generous proportions impacting on the character of the area and its amenity. There are already a substantial number of flats and apartments in the Conservation Area resulting in an existing mix of house types. Depth and proximity to the front boundary of the site results in a building out of scale and character. Bulk and proximity create overlooking and oppressive sense of enclosure/ overshadowing to adjacent residential property. Lack of proposed parking space provision and present on street parking problems on Lawn Avenue and Lawn Road some of which has resulted from recent local developments increasing traffic flows. Height will dominate the street scene. Parking likely to result in blockage of access road. Traffic hazard and noise resulting from narrowness of access with particular impact on pedestrian safety. Lack of turning facilities within the development and problems of emergency access.

Assessment of Proposal

1. The planning application site is classed as brownfield as defined within Annex B of Planning Policy Statement 3 Housing. The site is within a Residential Policy Area and the Christ Church Doncaster Conservation Area as defined within the Doncaster Unitary Development Plan Adopted 1998.

2. Policy PH11 of the Doncaster unitary development Plan (Adopted 1998) states that; within residential policy areas, development for housing will normally be permitted except where; the development would be at a density or of a form which would be detrimental to the character of the surrounding area, or would result in an over-intensive development of the site. In accordance with this policy, the proposal represents a density of approximately 115 dwellings per hectare. This is above the national indicative minimum of 30 dwellings per hectare as stated within Planning Policy Statement 3, and therefore maximises the efficiency of the site. Planning Policy Statement 1 states that in order to deliver sustainable development, planning authorities should promote the more efficient use of land through higher density.

3. Policy PH11 also states that development will not be permitted if the effect of the development on the amenities of occupiers of nearby properties would be unacceptable. Concern has been raised with regards to overlooking, loss of privacy and view to residential properties near to the site. There is a block of flats located at the western boundary and the rear elevation of the proposal faces the side elevation of the building and its amenity area. The building is stepped and the nearest part which has no windows is 14m with the furthest part 23m away. This is considered acceptable on policy grounds. 4. The southern boundary hosts a former dwelling house, which now contains two flats. The first floor flat has a small lounge window on the side elevation. Number 6A is a hipped roof bungalow that is located approx 2m from the lounge window which faces onto the roof.

5. The proposed main wall of the flats are to be located approx 10m away from the flats window, increasing the separation distance. Although the proposed flats are higher approx 6.5m to eaves, the roof slopes away from the neighbouring properties .It is considered that the due to the existing flats being located south of the proposal and the increased separation distance, that the proposal would not be sufficiently detrimental to the outlook and light to the lounge window.

6. The side elevation of the proposed flats facing the objector will incorporate 9 windows, 3 on each of the three floors, each floor has two bedroom and a kitchen. The objectors are concerned about overlooking and loss of privacy from these windows and therefore the applicant has agreed to obscure glaze these windows to the first and second floor windows to prevent overlooking. The ground floor windows do not need to be obscure as they face an existing side boundary wall. The Proposal is therefore considered to accord with policy PH11 of the Doncaster Unitary Plan.

7. Policy PH19 requires affordable housing to be provided on site. The proposal is for 15 units and meets the new national minimum threshold set in PPS 3 housing for providing affordable housing the affordable housing will be dealt with under a Section 106 Legal agreement.

8. Policy RL4 requires a commuted sum payment in lieu of Public Open Space on sites of more than 10 family units. A family unit is classed as two or more bedrooms in this instance the proposal is for 15 units 12 of which have two bedrooms. In line with this policy a commuted sum based on 10% of the residential land value will be provide through a Section 106 Legal Agreement. The 10% is required as the area is not located in one deficient in public open space.

9. Policies ENV59, ENV60 and ENV 43 deal with the protection of trees, landscaping and nature conservation in new developments. Some trees are being removed from the site but their removal is considered acceptable as their condition, form and placement do not warrant retention and there are trees of superior amenity value adjacent to the site on Town Fields that maintain the character of the Conservation Area. A landscaping scheme is to be submitted based on the one submitted with the planning application which proposes new tree planting. A condition requiring a wildlife enhancement scheme is also required which is to include three bat boxes. In light of the above the proposal is considered to be in line with policies ENV59, ENV60 and ENV43.

10. 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. The proposal provides for 15 on site parking spaces i.e. one space per dwelling. Concerns have been raised by residents over highway issues, however Highways Development Control have raised no objections to the planning application subject to conditions. The site is also substantially located within easy access via foot and by bus to the town centre. The proposal is therefore considered to accord with policy T5.

11. The existing dwellings on the site are to be demolished to facilitate development of the site. The demolition of these properties was granted permission under reference 07/02621 on 18/10/07 as none of the buildings contained architectural detailing that made them worthy of preservation and that they had a neutral impact on the Christ Church Doncaster Conservation Area.

12. Policies PH13, ENV25 and ENV52 deal with residential standards, Conservation areas and design of new buildings. The scheme has been amended since its original submission the building has been set back a further 1.5m so that it follows more closely the line with the adjacent properties, whilst still preserving a view to the school on the northern boundary. The bin store location has moved to the entrance and now incorporates a gabled roof and more design detail has been incorporated to the main building.

13. The proposal is for a substantial three storey block of 15 apartments which results in a massing of building similar to the adjacent school. Acceptable separation distances are provided from other properties. The mass of the building has been broken up by its design so its appearance reads as a pair of substantial semi detached properties. It is to be constructed of traditional materials that are in keeping with the Town Field Villas street scene, which will include natural slate, brickwork, stone banding, rendered panels, bay windows, timber windows and mock tudor timber detail to front elevation near to eaves.

14. The building provides 15 carparking spaces to the rear of the flats and vehicular access is via the existing access off Lawn Avenue. A pedestrian access is being provided to the Town Field Villa access road through the amenity area at the front of the property which preserves the character of the Conservation Area.

15. The site is within the Christ Church Doncaster Conservation Area and it is considered that the amended scheme as presented does not impact adversely on the character and appearance of the Conservation Area .The proposal is to incorporate materials and features in keeping with the surrounding area.

16. It is considered that the proposal is in line with policies and the application is recommended accordingly.

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-

(A) THE PROVISION OF AFFORDABLE HOUSING ON SITE EQUIVALENT TO 15% OF THE RESIDENTIAL LAND VALUE.

(B) A FINANCIAL CONTRIBUTION TO THE PROVISION/ENHANCEMENT OF PUBLIC OPEN SPACE IN THE VICINITY OF THE SITE EQUIVALENT TO 10% OF THE RESIDENTIAL LAND VALUE OF THE SITE. THE HEAD OF PLANNING SERVICES BE AUTHORISED TO ISSUE THE PLANNING PERMISSION ON COMPLETION OF THE AGREEMENT.

RECOMMENDATION

Planning Permission be GRANTED SUBJECT TO SECTION 106 LEGAL AGREEMENT

02. U13102 The development hereby granted shall be carried out in accordance with the details shown on the approved plans and specifications including those shown on the amended plans dated 16/10/07 and 17/12/07. REASON To ensure that the development is carried out in accordance with the application as approved.

03. U13103 Access to be in accordance with approved Document B Volume 2 Part B5 Section 16.11 and Tables 19 and 20. REASON To ensure access for fire appliances.

04. 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.

05. 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.

06. U13104 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. REASON To ensure that no surface water discharge take place until proper provision has been made for its disposal.

07. CLC1 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.

a The contaminated land assessment shall include a desk study to be submitted to the Local Planning Authority for approval. The desk study shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be in accordance with CLR 9 - 11 and must be approved by the Local Planning Authority prior to investigations commencing on site.

b The site investigation, 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, e.g. CLR11 and PPS23.

c A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the Local Planning Authority. The Local Planning Authority shall approve such remedial works as required 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.

d Approved 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. 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 Local Planning Authority.

e Upon completion of the works, this condition shall not be discharged until a validation report has been submitted to and approved by the Local Planning Authority. The validation 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 validation 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 validation data has been approved by the Local Planning Authority REASON To protect human health and controlled waters.

08. CLC2 Should any unexpected significant contamination be encountered during development all associated works should cease, and the Local Planning Authority be notified in writing immediately. A Remediation Strategy Report shall be submitted to the Local Planning Authority for approval. The associated works shall not re-commence until such time as all the validation data in accordance with the approved remediation strategy has been approved in writing by the Local Planning Authority. REASON To protect human health and controlled waters

09. CLC3 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 Local Planning Authority prior to any soil or soil forming materials being brought onto site. The approved contamination testing shall then be carried out and vaildatory evidence (laboratory certificates,etc) submitted to and approved in writing by the Local Planning Authority 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.

11. U13105 Adequate measures should be designed into the proposed access to avoid the discharge of surface water from the site onto the adjoining highway. Details of the scheme shall be submitted to the Local planning Authority prior to the commencement of the development and the agreed scheme shall then be implemented. REASON In the interest of highway safety.

12. U13106 The development hereby permitted shall not commence until a wildlife enhancement scheme, is submitted and approved in writing by the Local Planning Authority, which makes provision for bats in the form of 3 bat boxes located on the new development . REASON To mitigate the impact of the development and maximise opportunities for wildlife in accordance with ENV43.

13. U13107 No development shall take place on the site until details of a landscaping/planting scheme have been agreed in writing with the Local Planning Authority. This scheme shall be based on drawing number 7029:01 Rev.E dated August 2007 and Landscape layout plan drawing number 01 rev B dated December 2007 and shall indicate all existing trees and hedgerows on the site, showing their respective size, species and condition. It shall distinguish between those, which are to be retained, those proposed for removal, and those requiring surgery. The scheme should also indicate, full details of new and replacement planting including plant and pot sizes, numbers and plant densities and a maintenance schedule. All planting material included in the scheme shall comply with Local Planning Authority's 'Landscape Specifications in Relation to Development Sites'. Planting shall take place in the first suitable planting season, following the commencement of the development. Any tree or shrub planted in accordance with the scheme and becoming damaged, diseased, dying or removed within five years of planting shall be replaced in accordance with the above document. REASON To ensure that replacement trees are of a suitable type and standard in the interests of Amenity.

14. U13108 Prior to the commencement of the development hereby granted, a scheme of management of the trees overhanging the site from the adjacent school grounds on the Northern boundary of the site shall be submitted to and approved in writing by the local Planning Authority, the agreed scheme shall then be implemented. REASON In the interest of good arboricultural management of trees within a Conservation Area.

15. U13109 Prior to the commencement of work, samples of the proposed stone for the stone band courses shall be submitted to and approved in writing by the Local Planning Authority. REASON To preserve and enhance the character and appearance of the Thorne Road Conservation Area.

16. U13110 Prior to the commencement of work, samples of the proposed new brick shall be submitted to and approved in writing by the Local Planning Authority. The facing brick selected shall be of a colour to match that prevailing in the Thorne Road Conservation Area. REASON To preserve and enhance the character and appearance of the Thorne Road Conservation Area. 17. U13111 Prior to the commencement of work, a one metre square sample panel of brickwork showing mortar colour, bed width, and pointing, shall be submitted to and approved in writing by the Local Planning Authority. REASON To preserve and enhance the character and appearance of the Thorne Road Conservation Area.

18. U13112 Prior to the commencement of work, samples of the proposed slates and ridge tiles shall be submitted to and approved in writing by the Local Planning Authority. Materials for the roof shall be natural slate. REASON To preserve and enhance the character and appearance of the Thorne Road Conservation Area.

19. U13113 Rainwater goods and pipe work shall be black or a dark colour agreed by Local Planning Authority. REASON To preserve and enhance the character and appearance of the Thorne Road Conservation Area.

20. U13114 Prior to the commencement of work, the design and glazing pattern for all new windows and external doors shall be submitted to and approved in writing by the Local Planning Authority. All windows shall be painted timber without trickle vents. REASON To preserve and enhance the character and appearance of the Thorne Road Conservation Area.

21. U13115 Prior to the commencement of work, full details of the proposed design, size, materials and location of all flues and vents (including roof insulation vents, heating and plumbing vents, meter boxes, and air extract vents) shall be submitted to and approved in writing by the Local Planning Authority. REASON To preserve and enhance the character and appearance of the Thorne Road Conservation Area.

22. U13116 Prior to the commencement of work, full details of the proposed hard landscaping including colour, materials, and layout shall be submitted to and approved in writing by the Local Planning Authority. REASON To preserve and enhance the character and appearance of the Thorne Road Conservation Area.

23. 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.

24. U13117 Concurrently with the carrying out of the development, the windows as indicated on the approved plan on the 1st and second floors of the side elevation facing the southern boundary of the site, shall be fitted with and thereafter permanently maintained with obscure glazing to an equivalent of Pilkington textured glass level three or above. REASON In the interests of the privacy of the future occupants of the proposed development and the adjacent residential properties.

25. U13118 Prior to the first occupation of the apartments on the site details of the management company along with details of the maintenance for shared areas including amenity areas, landscaping, parking areas ,bin store and footpaths, shall be submitted to the local planning Authority and approved in writing . the management company shall maintain the shared areas in perpetuity unless other arrangements are have first been made with the Local Planning Authority. REASON To ensure a satisfactory level of maintenance for the shared areas.

26. U13119 Before the development is brought into use the whole of the car parking accommodation, shown on the approved drawing DWG No 7029.01 Rev A must be provided and retained permanently for the accommodation of vehicles of the occupiers and visitors to the building(s) or by such persons or bodies, for such periods and at such times, as the Council may from time to time approve. REASON To ensure the permanent retention of the parking space for parking purposes and that the use of the building does not add to traffic congestion.

01. ICLC1 INFORMATIVE

TO ACCOMPANY CONDITION CLC1 - 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 "Contaminated Land - A guide to developers in the Doncaster Borough". A description of the reports is as follows: Phase I Desk Study Report - typically consists of a desk top study, site walkover, conceptual model and an qualitative/quantitative risk assessment and 'conceptual model' must be included within this report outlining 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.

Remediation Strategy 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).

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

02. ICLC2 INFORMATIVE TO ACCOMPANY CONDITION CLC2 The Remediation Strategy and Validation Report shall be prepared in accordance with CLR11, PPS23 and "Contaminated Land - A guide to developers in the Doncaster Borough" 03. U02053 INFORMATIVE South Yorkshire refer to approved document B and tables 19 and 20 please note that table 20 when referring to pumping appliances should be read as 26 tonnes.

04. U02054 INFORMATIVE The Developer / Applicant should be aware of correspondence from Yorkshire Water dated 11/09/07.

05. U02055 INFORMATIVE The Developer should consider a SUDs solution (see CIRIA C523 " Sustainable Urban Drainage Systems - best practice manual") with regard to surface water drainage proposals.

06. U02056 INFORMATIVE The Developer should,by preference,consider SUDs (permeable paving/filter strips), or the EA's PPG3 "Use & Design of oil separators in surface water drainage systems" in relation to the proposed car parking.

07. U02057 INFORMATIVE If bats or a bats or their roosts are found during any demolition or alteration works, Natural England (01924 334500) must be informed and all works should stop. Under the Habitats Regulations 1994, and the wildlife and Countryside Act 1981(as amended), it is an offence to damage or destroy a breeding site or resting place of any bat, or to deliberately capture kill or destroy a bat. Schedule No: 6.

Application No: 07/02778/OUTM

Ward Mexborough Parish

Proposal Outline application for residential development (132 apartments) incorporating retention/conversion of main Coltran Building and demolition of remaining buildings/erection of 3 new apartment blocks Location Coltran Products 17 - 31 Church Street Mexborough South Yorkshire Applicant Coltran Products Limited

Agent Westwood Knowles

Date of Valid Application: 17th September 2007

======

MAIN POINTS OF REPORT

* The application is reported to Committee because of public and Member interest.

* Outline application for Residential development of existing industrial site consisting of partial conversion and new build.

* The site is Brownfield with a density of 145 units to the Hectare.

* The site lies within the Employment Policy Area in Doncaster Unitary Development Plan. As such the application is viewed as a minor departure from the Doncaster Unitary Development Plan.

* No objections in principle from consultees. Local Member (Cllr Jeavons considers that the main Coltran building should be retained.

* Objections from local residents on grounds of loss of amenity, loss of views, overshadowing and increased traffic.

* The development of the site is considered acceptable in principle. The particular scheme is considered to represent an acceptable form and density of development.

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:

PH19 - Affordable Housing. EMP6 - Development in an Employment Policy Area. PH13 - New Residential Development. RL4 - Public Open Space Provision. T5 - Development and the Local Highway Network.

2. For the following reasons:

Having taken into account all the material planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed development is acceptable. In particular the Local Planning Authority is of the view that its accordance with the relevant policies of the adopted Unitary Development Plan justifies the development in this location. In land use terms the residential development is considered to be an acceptable departure from the development plan because the loss of employment land is not considered to be significant in this location. The particular scheme is considered to comply with policy PH13 and represents an improvement to the character and appearance of the area.

======

Introduction

1. The application is an outline planning application for the redevelopment of the existing site. The application as originally submitted was for demolition of all the buildings on the site. The amended proposal envisages retention/conversion of the main brick building and construction of new apartments within its curtilage.

2. The application seeks approval of the siting, layout and design, and means of access to the site but detailed design is a reserved matter.

3. The application is accompanied by detailed location, site, and access plans and in particular proposes -

The retention and conversion of the main Coltran building to 25 apartments. The demolition of the remaining industrial buildings on the site and the construction of 4 new apartment blocks (108 New apartments) fronting onto the canal and Church St. The new blocks have underground car parking and are 2/3/4 storeys in height. Communal car parking and landscaping and access along the canal. Access from Church St making use of the existing access. 4. The application is accompanied by the following documents -

Topographical Survey. Site investigation report. Transportation Assessment Archaeological Survey Ecological Survey Design and Access Statement

5. The applicant is seeking to secure and expand his company by relocating his operations to another site in the local area.

6. The application is viewed as a minor departure from the Unitary Development Plan, however the proposal is not of any regional significance to warrant referral to the government office.

Site and Surroundings

1. The application site is currently occupied by a number of industrial units that are partially used. The main building is the 4/5 storey Coltran building which is a visually prominent brick built structure. The building is adjoined by unattractive more modern industrial buildings and has partially overgrown service/ parking areas.

2. The frontage of the site faces onto Church St which has a mixture of residential and employment uses. To the west of the site terrace houses front onto Church St and back onto the development site. To the east of the site lies an operational employment site with the Grade 1 Listed Saint John the Baptist Church to its east. To the north of the site houses are sited between Church St and Doncaster Rd. To the south of the site run the canal and the river with open countryside to their south.

3. The site falls fairly steeply in level from its frontage towards the canal/river.

History

1. The site has along history of employment use and construction of commercial buildings.

2. 2 planning applications for apartment development were recently approved by Planning Committee on land off Leach Lane to the west of the site.

Development Plan Allocation

1. The site lies within an Employment Policy Area in Doncaster Unitary Development Plan and Policy EMP6 is particularly relevant. Consultation Responses

The following consultations are particularly relevant namely -

1. Development Control Highways- no objections in principle to the proposed development and its submitted layout subject to detailed conditions.

2. Yorkshire and Humber Assembly - no objections on strategic planning grounds.

3. British Waterways - the development should integrate with the canal in visual terms and provide a landscaped walkway on its frontage.

4. Ecology - the ecological survey is acceptable subject to biodiversity enhancement - a condition is proposed.

5. South Yorkshire Archaeology - the archaeological assessment is considered adequate but a programme of works is required prior to commencement of development.

6. Natural England - the development should encourage bio diversification on the site.

7. Urban Renaissance - expressed a preference for the retention and conversion of the main Coltran building - the amended scheme is acceptable.

8. Environment Agency - the Flood Risk Assessment is acceptable.

9. Yorkshire Water - no objections subject to protection or diversion of sewer on the site.

10. South Yorkshire PTE - suggest provision of Ticketmaster tickets.

11. English Heritage - request that the development respects the setting of the nearby Parish Church.

Publicity Responses

1. Councillor Jeavons objects to the demolition of this landmark building and supports conversion. Apartment development is considered appropriate for the site.

2. 6 Local residents object to the proposal on the following grounds

Loss of views from the rear of the terrace houses over the countryside. Loss of privacy due to overlooking. Loss of light due to proximity. Increased traffic would be harmful to road and traffic safety in the area.

Assessment of Proposal

Land Use

1. In land use terms the application needs to be considered initially in relation to Policy EMP6 (Development in an Employment Policy Area). The residential development represents a departure from this policy. It is considered however that the industrial site is not a particularly attractive site for employment use and that its development for residential purposes would not lead to a significant loss of employment land in the area.

Residential Standards

2. The site is considered to be a brownfield site that is suitable for redevelopment. The proposed density of development is high (145 dwellings to the ha) but the site is suitable for such a scale of development. The outline conversion/redevelopment scheme needs to be assessed in relation to the following considerations and in particular in relation to Policy PH 13 (New Residential Development).

3. The development in visual terms retains the attractive main Coltran building and allows demolition of the unattractive surrounding industrial buildings. It also provides attractive new apartment development of an acceptable siting and height on a prominent site on the canal frontage. It opens up the frontage to pedestrian access- details of the treatment of the frontage are proposed to be the subject of a planning condition. The detailed materials are also proposed to be conditioned.

4. The development will have an impact on adjoining residential properties. It is considered however that the scheme is of sufficient distance from the existing properties to not have a significant harmful effect on the amenities of the properties. The development is therefore considered to accord with PH13 of the Unitary Development Plan.

Access

5. The proposed vehicular access from Church Lane is proposed to be improved. A scheme has been agreed with Highways Development Control, which is considered to be acceptable in terms of its impact on road and traffic safety in the area. The scheme will also allow pedestrian access to the canal frontage. In short, the proposal is not considered to harm highway safety and is therefore in accordance with Policy T5 of the Unitary Development Plan.

Affordable Housing

6. It is proposed to require the developer to provide affordable housing on the site in accordance with normal council planning policy - i.e. affordable apartments in the development to a value of 15 % of the residential value of the site. This is to be secured under Policy PH19 of the Unitary Development Plan and implemented through the Section 106 attached to the permission.

Public Open Space

7. The site is not considered to be of a large enough size or in a suitable location to provide public open space on the site. It is therefore proposed to require the developer to contribute a financial sum to the provision of public open space in the vicinity of the site equivalent to 15% of the value of the site. This is in compliance with Policy RL4 of the Unitary Development Plan and is again secured by a Section 106 Land Agreement. Site Contamination

8. A desktop survey of contamination on the site has been assessed by Environmental Health and is considered acceptable subject to detailed conditions.

Flood Risk

9. The site lies adjacent to the canal and river. A Flood Risk Assessment has been evaluated by the Environment Agency who considers the site to be developable in accordance with the submitted floor level details.

Public Transport Access

10. The site is well situated for access to Mexborough Rail and Bus Stations. South Yorkshire PTE has requested provision of Travel Master Tickets.

11. In conclusion the outline residential proposal will make a positive contribution to the area, without causing no significant loss to employment land. Details of the design and appearance will be the subject of a further reserved matters application and as such the proposal is deemed as acceptable.

(A) THE PROVISION OF AFFORDABLE HOUSING IN APARTMENTS ON THE SITE EQUIVALENT TO 15% OF THE VALUE OF THE SITE FOR RESIDENTIAL PURPOSES.

(B) A FINANCIAL CONTRIBUTION TO THE PROVISION OF PUBLIC OPEN SPACE IN THE VICINITY OF THE SITE EQUIVALENT TO 15% OF THE VALUE OF THE SITE FOR RESIDENTIAL PURPOSES.

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

RECOMMENDATION

Planning Permission be GRANTED SUBJECT TO SECTION 106 LEGAL AGREEMENT 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. U13169 Approval of the details of the design, external appearance and landscaping (hereinafter referred to as reserved matters) shall be obtained from the Local Planning Authority before the commencement of any works. REASON The application is in outline and the matters referred to in the condition are reserved matters for subsequent approval by the Local Planning Authority in order that they may be satisfied with the details of the proposal.

04. OD04 Before the development hereby granted is commenced full details of the conversion including floor plans and external elevation treatments shall be submitted to and approved in writing by the Local Planning Authority. REASON In order that the Council may be satisfied as to the details of the proposal.

05. U13170 Prior to commencement of development, a biodiversity enhancement scheme shall be submitted to and approved by the Local Planning Authority. The scheme shall include roost sites for bats, nest sites for birds canal side vegetation for cover and feeding habitat. The scheme as approved shall be provided on site prior to the occupation of any buildings. REASON To enhance the biodiversity value of the site.

06. U13171 No development, demolition, nor remediation shall take place until a programme of archaeological work (including building recording) has been secured in accordance with a written scheme of investigation that has been submitted to and approved by the Local Planning Authority. REASON To protect archaeology on the site. 07. U13172 The floor level of any development on the site shall be a minimum of 17.95m AOD. REASON To reduce the risk to the property in the event of flooding.

08. HC03 Concurrently with the carrying out of the development a crossing over the footpath/verge shall be constructed to the satisfaction of the Local Planning Authority and shall be completed before the development is brought into use. REASON To avoid damage to the verge.

09. HD04 When the proposed access has been constructed the existing access marked on the approved plan shall be permanently closed in a manner to be approved by the Local Planning Authority. REASON In the interests of road safety.

11. HP16 Provision shall be made for one garage or garage space within the curtilage of each dwelling and in a position not less than 6 m from the highway boundary at the point of access. REASON To avoid the necessity of parking vehicles on the carriageway and/or verges to the detriment of road safety.

12. HX24 Before the development is commenced details of a vehicular turning space sufficiently large to accommodate the type of vehicles normally visiting the site, to be provided within the site shall be submitted to and approved by the Local Planning Authority and the development shall not be brought into use until such turning space has been provided. The turning space shall thereafter be maintained in a condition to the reasonable satisfaction of the Local Planning Authority. REASON To avoid the necessity of reversing a vehicle on to or from the highway thus creating an unnecessary dangerous situation.

13. CLC1 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. a The contaminated land assessment shall include a desk study to be submitted to the Local Planning Authority for approval. The desk study shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be in accordance with CLR 9 - 11 and must be approved by the Local Planning Authority prior to investigations commencing on site.

15. CLC3 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 Local Planning Authority prior to any soil or soil forming materials being brought onto site. The approved contamination testing shall then be carried out and vaildatory evidence (laboratory certificates,etc) submitted to and approved in writing by the Local Planning Authority 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.

16. U13173 Prior to commencement of development an air quality survey shall be carried out and the details submitted to and approved by the Local Planning Authority. REASON In the interests of protection of air quality.

17. 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.

18. DA01 The development hereby granted shall not be begun until details of the foul, surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development. REASON To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin.

19. U13174 Prior to commencement of development details of the protection/diversion of the sewer/mains on the site shall be submitted to and approved by the Local Planning Authority. REASON To protect the sewer/mains.

20. VJ10 Details of all unbuilt areas, boundary walls and fences shall be submitted to and approved by the Local Planning Authority before the development hereby permitted is commenced, and such details as approved shall be completed before the buildings, or any parts thereof are occupied or used. REASON In order that the Council may be satisfied as to the details of the proposal.

21. VQ17 No development shall take place on the site until details of a landscaping/planting scheme have been agreed in writing with the Local Planning Authority. This scheme shall indicate all existing trees and hedgerows on the site, showing their respective size, species and condition. It shall distinguish between those which are to be retained, those proposed for removal and those requiring surgery. The scheme should also indicate, where appropriate, full details of new or replacement planting. All planting material included in the scheme shall comply with Local Planning Authority's 'Landscape Specifications in Relation to Development Sites'. Planting shall take place in the first suitable planting season, following the commencement of the development. Any tree or shrub planted in accordance with the scheme and becoming damaged, diseased, dying or removed within five years of planting shall be replaced in accordance with the above document. REASON To ensure that replacement trees are of a suitable type and standard in the interests of amenity.

22. U13175 Prior to commencement of development a detailed scheme, including details of access, for the development of the area adjoining the canal shall be submitted to and approved by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timetable to be agreed with the Local Planning Authority. REASON To ensure the development of a comprehensive scheme. 01. IQ171 INFORMATIVE The developer shall consider incorporating all possible sustainability features into the design of the proposed development.

02. 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.

03. ICLC1 INFORMATIVE

TO ACCOMPANY CONDITION CLC1 - PREPARATION OF REPORTS ADDRESSING LAND CONTAMINATION

Phase I Desk Study Report - typically consists of a desk top study, site walkover, conceptual model and an qualitative/quantitative risk assessment and 'conceptual model' must be included within this report outlining 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 II Intrusive Site Investigation Report - 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. Remediation Strategy 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).

04. ICLC2 INFORMATIVE TO ACCOMPANY CONDITION CLC2 The Remediation Strategy and Validation Report shall be prepared in accordance with CLR11, PPS23 and "Contaminated Land - A guide to developers in the Doncaster Borough" Schedule No: 7.

Application No: 07/03205/OUTM

Ward Edlington And Parish Edlington Town Council Warmsworth

Proposal Outline application for mixed use development comprising residential and employment, B1, B2 and B8 uses on approx 10.13 ha of land Location Former Yorkshire Main Site Edlington Lane Edlington Doncaster

Applicant UK Coal Mining Ltd

Agent White Young Green Planning

Date of Valid Application: 19th October 2007

======

MAIN POINTS OF REPORT

* This is a re-submission of proposals for a mixed use development (employment and residential development) on a 10 hectare site forming part of the former Yorkshire Main Colliery.

* The application is being presented to Committee due to part of the proposal i.e. the residential development being a departure from the Unitary Development Plan and the significant impact the development will have on the local environment. In addition the previous 2007 application was presented to members who overturned the original officer recommendation.

* The previous application was refused permission in August 2007 for the reason that it was considered to be an unsustainable location for new residential development, poorly related to facilities in Edlington and Warmsworth.

* This new scheme is for a similar development and incorporates changes to the layout. The key changes, however, are to the package of transportation initiatives which include an agreed contribution not exceeding £750,000 over 5 years to fund a dedicated bus service routed into the site, together with other measures to ensure the sustainability of the development.

* The proposals also include measures to address drainage concerns raised by objectors to the original scheme.

* The employment element of the scheme is likely to create at least 250 local jobs and there is strong support from major local employer Polypipe who are committed to taking a substantial amount of the proposed industrial and commercial floorspace which would consolidate and expand their operations in this area.

* The residential element would provide a mix of housing types including affordable housing in a total of around 250 units.

* Because of the housing element, the proposals do not accord with the Unitary Development Plan which allocates all the land as an Employment Site, accordingly if Members are minded to grant permission the application must be referred to the Secretary of State as a departure from the provisions of the development plan.

* The Departure is considered justified as the housing development would enable a viable commercial and industrial development to provide much needed local jobs in a recognised area of deprivation high on the national scale.

* The scheme provides for access to Lord's Head Lane and its improvement between the new access and its junction with Broomhouse Lane, it does not include any other traffic management measures, which would be a matter for the Council to consider as Highway Authority at the appropriate time.

* In view of the clear and significant social and economic benefits that the proposals would bring to Edlington, together with the greatly enhanced sustainability credentials of the scheme that have now been added, it is considered that the development would be fully justified subject to the recommended Planning Obligation and conditions.

RECOMMENDATION - PLANNING PERMISSION BE GRANTED SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) FOLLOWING REFERRAL TO SECRETARY OF STATE

MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING):

STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION

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

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

SEMP1- Creation of new employment opportunities EMP2 - Development on Employment Sites ENV50 - Protection and enhancement of wildlife habitats ENV52 - Design of new development ENV53 - Consideration of wider visual impact of new development ENV60 - Landscaping in development proposals ENV69 - Development on potentially contaminated land PH13 - Standards of new residential development PH19 - Affordable housing RL4 - New residential development and open space provision ST4 - Improvement of public transport facilities and services T5 - New development and traffic generation T6 - Location of development and access to public transport

The relevant draft policies of the DMBC Local Development Framework Core Strategy Preferred Options

CS - E1- Employment Land

National and Regional Planning Policy Guidance -

PPS1 - Planning for sustainable development PPG13 - Transport

2. For the following reasons:

Having taken into account all the material planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed development is acceptable subject to the requirements of the Section 106 Planning Obligation and attached planning conditions, and subject to referral to the Secretary of State as a Departure from the provisions of the adopted Development Plan, with regard to the element of residential development. The Local Planning Authority is satisfied that the social and economic benefits of the employment development within an identified area of deprivation justify the residential element of the proposed development, which will enable the employment development to proceed at this time. It is considered that the sustainability of the proposal will be enhanced by implementation of the measures and commitments required by the Section 106 Planning Obligation, and the proposed highway works will enable the development to be accommodated without any adverse impact upon the local highway network. The proposal will allow the beneficial development of this former colliery land while contributing to the enhancement of the local environment.

======

Introduction

1. This proposal is for a mixed use regeneration project on a brownfield site previously forming part of the former Yorkshire Main colliery. The application is in outline with all matters, except access, reserved for later submission.

2. Illustrative plans accompanying the application show proposed development divided approximately equally between residential and employment development. A substantial area of adjoining land in the ownership of UK Coal consists of existing trees and shrubs and would be retained as such.

3. The proposed employment development would provide nearly 25000 square metres of floorspace, in the following approximate proportions: Class B1 (offices and light industry): 68%; Class B2 (general industry): 15%; and Class B8 (storage and distribution) 15%. The Class B1 development would be grouped around the principal vehicular route to create the potential for an attractive gateway to the site. 4. A mix of housing is proposed, with approximately 208 houses and 42 apartments indicated. The housing area would be separated from the industrial and commercial uses by substantial landscaping buffers.

5. Access to the site is proposed from Lord's Head lane via a priority junction. It is located approximately 140 metres north of the junction with Broomhouse Lane. The proposals also include widening the Lord's Head lane carriageway to 7.3 metres between the site access and Broomhouse Lane and improvements to the junction of Broomhead Lane/Lord's Head Lane. The illustrative layout indicates a bus loop or roundabout option and suggested bus stop locations.

6. Before the application was submitted, a statutory Screening Opinion was sought and the Local Planning Authority's response was that in accordance with the definitions and advice set out in the Environmental Assessment Regulations a formal Environmental Impact Assessment was not required, but a number of supplementary documents were requested to support the application.

7. The following supplementary documents were submitted with the application -

Revised Planning Supporting Statement Revised Transport Assessment Ecological Assessment Landscape Appraisal Trees and Hedgerows Survey Revised Flood Risk Assessment Ground Investigation Study Air Quality Assessment Sustainability Appraisal

Site and Surroundings

1. The application site is located approximately 1 kilometre to the north east of the centre of New Edlington village and a similar distance to the south of Warmsworth. Together with the adjoining UK Coal land, it forms a roughly triangle in shape, bounded on the north side by the embankment of a disused railway, on the south east by Broomhouse Lane and on the west by Lord's Head Lane.

2. The site extends to approximately 10 hectares and forms part of the former Yorkshire Main Colliery. There were previously spoil heaps and extensive railway sidings on the land, together with an engine house. It is understood that the railway tracks and engine house were removed in the 1980's. During the mid 1990's, after the closure of the colliery, tip washing operations were undertaken to recover coal, and then land re-grading works were carried out to create a development platform.

3. The northern part of the site has been formed into a ridge, planted with trees as part of the restoration programme, which reaches an elevation of about 16 metres above the general development platform level. Towards the south-eastern boundary there is a steep fall, averaging about 15 metres, down to Broomhouse Lane and this also is a heavily wooded area. 4. The remainder of the site is relatively flat and is formed of colliery spoil with very limited colonisation by vegetation.

5. Although there is no conventional access to the site it is easily reached from an existing footpath which follows the old railway embankment. There is evidence of motorcycle activity and fly tipping, and in its present condition the site does not contribute positively to the character of the local landscape.

6. In its wider context, the site is somewhat detached from the existing residential areas of New Edlington and Warmsworth. Beyond the railway embankment to the north is a wooded area screening a small sewage treatment works, then open agricultural land south of Warmsworth. To the east is an extensive recreation area containing the cricket and football grounds and other playing fields of Yorkshire Main Miners' Welfare. To the south, beyond Broomhouse Lane, is restored and grassed former colliery land. The A1(M) runs at grade approximately 0.3 kilometre to the east of the eastern corner of the site. To the south-west, beyond Lord's Head Lane, is a storage compound forming part of the Polypipe industrial complex.

History

1. The application site has been the subject of applications for restoration works in 1989 (reference 89/4162/MIN) and tip washing operations in 1994 (reference 94/1289/MIN).

2. Application reference 06/02037/OUTM was reported to the Committee on 7th August 2007; the recommendation was that Members resolve to grant permission subject to planning conditions including a requirement for a Section 106 Planning Obligation covering affordable housing, provision of children's play areas, and transport improvement measures including a financial contribution of up to £175,000 to provide improved local bus services in the locality. Permission was however refused for the following reason -

"The proposed development, by reason of the inclusion of the housing element, would represent a departure from the provisions of the adopted Doncaster Unitary Development Plan contrary to Policy EMP2, wherein the application site is designated as an Employment Policy Area. In the opinion of the Local Planning Authority such a departure is not justified having regard to the fact that the site is poorly related to the existing settlement of Edlington and is thereby relatively unsustainable, and to approve such development would be contrary to the key principle of creating sustainable communities as set out in Government planning policy guidance (Planning Policy Statement 1 Delivering Sustainable Development."

Development Plan Allocation

1. The site is designated as an Employment Site in the adopted UDP. It is identified in Policy EMP 2 as a site where only Class B1, B2 and B8 uses will normally be allowed. Consultation Responses

1. Town Council of Edlington - Support the application in principle and welcome the local employment and housing opportunities that the development would offer. However, they are seriously concerned about the capacity of local roads to accommodate the extra traffic that would be generated; there could be 300-500 private car movements per day and additional commercial traffic, of which a high proportion would be likely to use Lord's Head Lane to travel northbound from the site. This is a narrow country lane, for the most part single lane with passing places and subject to flooding in bad weather. Moreover its junction with Edlington Lane at Warmsworth is already hazardous. There is a need to consider radical improvements to the local highway network if the development is to go ahead. In addition to the concerns regarding road traffic the Council also has concerns that the social infrastructure, i.e. school places, doctor and dental facilities etc. are insufficient to meet the needs of the increase in population this development will bring.

2. Environment Agency - Satisfied with flood risk information supplied by applicants; no objections subject to planning conditions which have been incorporated in those recommended.

3. Severn Trent Water - Recommended planning conditions have been incorporated.

4. DMBC Pollution Control - Recommended planning conditions incorporated.

5. South Yorkshire Passenger Transport Executive - Advise that the bus service which previously operated past the site (and to which the financial contribution of up to £175,000,agreed in the context of the previous scheme, would have been directed) has now been withdrawn. In the new circumstances it is recommended that the developer should be required to meet the full cost of a service to operate from the site to the town centre of Doncaster at a minimum hourly frequency for a minimum of 5 years. The cost of either providing such a bespoke service, or extending an existing service route into the site, would not be likely to exceed £150,000 per annum (£750,000 in total). This should be a revised requirement of the Section 106 Planning Obligation, together with the provision of bus shelters as required, and the offer of public transport season tickets (South Yorkshire Travelmaster passes) to each household, as part of an approved Travel Plan.

Publicity Responses

1. The application was advertised in the press and by site notice - neighbouring residents in Lord's Head Lane and Broomhouse Lane, together with objectors to the previous application, were notified by letter.

2. No responses had been received at the time of preparation of the report; any subsequently received will be reported at the meeting.

Assessment of Proposal

1. The application site is former colliery land which has been subject to a programme of reclamation with a view to redevelopment, and as such it is regarded as previously developed or brownfield land as referred in the relevant Government planning guidance PPS 3 Housing. 2. The site is designated in the UDP as an Employment Site and identified as a Schedule 3 site where only use classes B1, B2 and B8 will normally be permitted.

3. Since the residential element of the proposed development is not in accordance with the UDP designation, the application stands to be treated as a departure from the provisions of the development plan, and should members be minded to grant planning permission the application must be referred to the Secretary of State who has discretion to call in the application for determination.

4. It is considered that the main issues before Members are - whether to grant permission for residential development as part of this proposal would be premature, having regard to the current UDP designation of the site, the emerging objectives of the Local Development Framework (LDF) as set out in the Core Strategy and the Council's plan, monitor and manage approach to the release of land for housing and, as a linked second issue, the benefit to the local economy of the employment component of the proposals.

5. A second main issue is the effect of the proposed development on the local highway network, in terms of highway safety and traffic congestion, having particular regard to the nature of Lord's Head Lane and its junction with Edlington Lane.

Prematurity

6. The suitability of the application site for any future development other than employment development is a significant issue, which in normal circumstances it would only be appropriate to deal with through the LDF. There are 3 main reasons for this -

The Council's planning strategy for the release of housing land through the LDF process is based on a plan, monitor, manage approach in line with Central Government advice and taking into account the targets laid down in the emerging Regional Spatial strategy (RSS).

Edlington is defined as a Limited Growth Town (Renewal Town) in the LDF Core Strategy and a Local Service Centre in terms of the RSS. There is some doubt as to whether housing development in the form and on the scale proposed would be consistent with the settlement strategy emerging through the RSS and the Council's LDF. Consultation with the Yorkshire and Humber Regional Assembly is necessary as a result. Release of a substantial site for housing development at this stage outside of the LDF process would reduce the opportunity for people to comment on the distribution and delivery of housing and employment land to meet the Borough's requirements in accordance with national and regional policy objectives, the Borough Strategy and the emerging LDF Core Strategy.

The grant of permission in this case might be seen as a precedent, encouraging applications for housing development on other employment sites, which could further undermine the robustness of the LDF process.

7. Notwithstanding the above reservations, the proposals do offer the provision of a readily available brownfield site, the development of which would fulfil other important Unitary Development Plan policy objectives while further assisting the Council's ability to meet brownfield housing targets. Moreover, PPS3 advises that planning applications cannot be refused on prematurity grounds alone.

8. A further consideration to be taken into account in deciding whether this land should be released for residential development at this time is the location of the site.

9. As indicated above, the site is somewhat detached from the main residential area of Edlington. From the centre of the site to the shopping centre is a 20-minute walk, not all of it on hard surfaced or lit footpaths. The only bus route serving the nearest part of Broomhouse Lane (the No. 14) was recently withdrawn by the operator. The No.15 Doncaster-Edlington service operates on a frequency of 15 minutes or better and includes night services, but the nearest point on its route is some 1000 metres from the centre of the application site. These are drawbacks which would normally relegate the site to a relatively low priority for housing land release within the supply of brownfield sites.

10. Members should be aware, however, that the package of transportation initiatives that has now been negotiated profoundly changes the sustainability credentials of this proposed development. The provision of a new or extended bus service to loop through the site would mean that future residents would then enjoy full public transport access to Doncaster town centre and the local facilities of Edlington, which would offset the relative difficulty of pedestrian access to Edlington's main shopping area. It is expected that such an improvement to local public transport provision, together with the fact that the development would provide jobs and housing together (an inherently sustainable concept) will enable the agreed Travel Plan target reduction in single-occupancy car usage (against the prediction in the Transport Assessment) to be met. The Contingency Fund could be drawn upon if necessary to implement other initiatives such as the offer of Travelmaster passes should the target not be achieved.

Economic and Social Benefits

11. It is very difficult at this stage to provide an estimate of the number of jobs likely to be created by the proposed development, but it is unlikely to be less than 250 and could be many more.

12. It is particularly significant that one of Doncaster's largest private sector employers, Polypipe Building Products Ltd, has confirmed in writing their committed interest in expanding their operations at Edlington by taking a substantial proportion of the floorspace this development would make available. The following is an extract from a letter received from the company's Operations Director, Mr Cameron McLellan -

"We were disappointed to see the original application refused as the timescales involved remain uncertain without a planning consent. However, we hope that the re-submitted application will be successful and we therefore support this new planning application. A swift and positive decision will provide us with the certainty we need to effectively plan for the development of our business and to continue to invest in Doncaster.

Approval of the re-submitted application would allow Polypipe to continue negotiations with UK Coal in order to facilitate the expansion of our operations in Doncaster. We are currently considering options on the employment part of the application site that could involve Polypipe expanding the Broomhouse Lane operations to accommodate future growth and potentially consolidate operations within the Borough and outside. This would allow our business to expand and to provide additional jobs for that area."

13. The importance of this is that not only would the future of Polypipe as a major local employer be secured, but that a large part of the development would be effectively client- commissioned rather than speculative. Much of the infrastructure would be provided rapidly in order to accommodate a single established company, and this would facilitate the provision, and encourage the take-up of, smaller units suitable for start-up businesses, thereby further boosting the local economy.

14. The reason for including the housing element in the scheme is to recoup the considerable expense involved in remediation of the site and the works necessary to prepare it for employment development on this scale, together with the highway works and infrastructure involved. Without it, it is unlikely that the employment development would be viable. A mixed use scheme as proposed is therefore the most effective way to deliver employment development in accordance with the objectives of Unitary Development Plan Policy EMP2.

15. It is considered that in the circumstances the social and economic benefits of the proposed development are significant and must be weighed against the prematurity issue examined above. There is no doubt that this mixed-use scheme would enable an identified employment site to be developed within a Regeneration Priority Area in accordance with Policies EMP2 and EMP4 of the Unitary Development Plan. By enabling the consolidation of a strategically significant local employer in Edlington and thereby protecting existing jobs as well as creating new employment opportunities where they are most needed, the proposal is firmly in line with Unitary Development Plan Policy SEMP1. It also accords fully with the local employment opportunity objectives of Policy CS-E2 of the emerging Local Development Framework (Core Strategy).

Effect on Local Highway Network

16. The proposals involve the widening of Lord's Head Lane between the proposed site access and its junction with Broomhouse Lane. This is in accordance with the recommended measures set out in the submitted Traffic Assessment. However the remaining part of Lord's Head Lane as far as its junction with Edlington Lane is very substandard, with a narrow carriageway and a junction at its northern end with poor visibility and geometry. Development of the site, whether for mixed development as proposed, or solely for employment development in accordance with the provisions of the Unitary Development Plan, will prompt a review of the need for traffic management measures in Lords Head Lane, with partial closure to vehicular traffic being one option among several. This would need to be the subject of local consultation, and Members will no doubt be aware that the issue is controversial. Warmsworth Parish Council indicated their objection to closure in the context of the previous application, but since the revised application has been submitted a petition by local residents welcoming any closure proposals has been received. It must be understood, however, that no such closure is proposed as part of this application and the decision should not turn on the issue of the solution to the problem of Lord's Head Lane which would be assessed at a later stage and would be subject to a separate decision making process.

Conclusions

17. It is considered that all other issues raised in the consultation responses and representations are covered in the recommended planning conditions. Drawing together all the above considerations, it is concluded that on balance, and subject to the recommended Section 106 Planning Obligation and planning conditions, the proposed development is acceptable and is justified as a Departure from the provisions of the Development Plan, subject to the views of the Secretary of State.

(A) ARRANGEMENTS SHALL PROVIDE FOR A TARGET OF 15% OF THE DWELLINGS TO BE AFFORDABLE, UP TO A MAXIMUM CONTRIBUTION OF 15% OF THE TOTAL RESIDENTIAL LAND USE VALUE, AND CONTRACTUAL EVIDENCE OF SUCH ARRANGEMENTS SHALL BE SUBMITTED TO AND APPROVED BY THE COUNCIL PRIOR TO THE COMMENCEMENT OF THE 100TH DWELLING.

(B) DETAILS OF THE PROPOSED LAYING OUT AND EQUIPPING OF TWO LOCAL AREAS OF PLAY AND ONE LOCALLY EQUIPPED AREA OF PLAY AS INDICATED ON THE SUBMITTED PLANS, AND THE ARRANGEMENTS FOR THE FUTURE MANAGEMENT OF THOSE FACILITIES AND ALL OTHER COMMUNAL OPEN SPACES WITHIN THE SITE, THE DETAILS SHALL BE SUBMITTED TO AND APPROVED BY THE LOCAL PLANNING AUTHORITY BEFORE ANY OF THE DWELLINGS IS OCCUPIED AND THE ARRANGEMENTS SHALL THEREAFTER BE MAINTAINED IN ACCORDANCE WITH THE DETAILS SO APPROVED.

(C) A FINANCIAL CONTRIBUTION IN A SUM OF £150,000 PER YEAR FOR 5 YEARS FROM THE DATE OF THE COMMENCEMENT OF THE DEVELOPMENT TOWARDS THE FUNDING OF IMPROVEMENTS TO LOCAL BUS SERVICES TO SERVE THE APPLICATION SITE, INCLUDING THE PROVISION OF BUS SHELTERS AS MAY BE AGREED WITH THE COUNCIL IN CONSULTATION WITH THE SOUTH YORKSHIRE PASSENGER TRANSPORT EXECUTIVE.

(D) A FINANCIAL CONTRIBUTION, BEING A SUM TO BE AGREED WITH THE COUNCIL BUT NOT TO EXCEED £10,000, TO COVER THE COST OF MONITORING OF THE PERFORMANCE OF MEASURES TO LIMIT THE USAGE OF PRIVATE CARS BY OCCUPIERS OF THE DWELLINGS AND THE INDUSTRIAL AND COMMERCIAL PREMISES AS SHALL BE INDICATED IN THE TRAVEL PLANS REQUIRED BY CONDITION 04.

(E) THE LODGING WITH THE COUNCIL OF A TRANSPORT CONTINGENCY FUND IN THE SUM OF £150,000, TO BE RETAINED BY THE COUNCIL AND USED FOR THE FURTHER IMPROVEMENT OF LOCAL PUBLIC TRANSPORT SERVICES OR FACILITIES OR SUCH OTHER INITIATIVES TO PROMOTE MEANS OF TRANSPORT OTHER THAN THE PRIVATE CAR, IN THE EVENT OF THE PERFORMANCE TARGETS OF THE SAID TRAVEL PLAN BEING UNMET AFTER A MONITORING PERIOD INITIALLY OF TWO YEARS AND SIX MONTHS, AND AGAIN AFTER FIVE YEARS; OTHERWISE THE SUM SHALL BE REFUNDED TO THE OWNER.

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 DETERMINATION AND AUTHORISE THE HEAD OF PLANNING SERVICES TO ISSUE THE DECISION NOTICE IF THE SECRETARY OF STATE RAISES NO OBJECTIONS.

RECOMMENDATION

Planning Permission be GRANTED SUBJECT TO SECTION 106 LEGAL AGREEMENT

01. U13176 Application for the approval of the Reserved Matters (as defined below) in respect of at least the first phase of the development shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. REASON To ensure the submission and approval of the reserved Matters in accordance with Section 92(5) of the Town and Country Planning Act 1990 having regard to the need in this case for the development to be carried out in phases.

02. U13177 No development of any phase shall commence until approval of details of siting, design and external appearance of the buildings and the landscaping of the site (the Reserved Matters) has been obtained from the Local Planning Authority, in writing, before that phase of the development is begun, and the development shall be carried out in accordance with the Reserved Matters so approved. REASON To ensure the submission, approval and implementation of the Reserved Matters in accordance with Section 92(5) of the Town and Country Planning Act 1990 having regard to the need for the development in this case to be carried out in phases.

03. U13178 Concurrently with the submission of Reserved Matters for approval in accordance with Conditions 1 and 2 above, details of a scheme for the phasing of the development, which shall provide that not less than 30% of the employment development shall be completed and ready for occupation before the commencement of construction of any of the dwellings, shall be submitted to and approved in writing by the Local Planning Authority, and the development shall thereafter be carried out strictly in accordance with the phasing programme thus approved. REASON To ensure that a mixed development is secured, in recognition of the partial departure from the provisions of the adopted Doncaster Unitary Development Plan, and to enable the development to proceed in accordance with a phasing programme thereby facilitating supervision of related highway works and other infrastructure works likely to impact upon the local environment.

04. U13179 No construction of any buildings in connection with the relevant phase of the development (as approved in accordance with Condition 3) shall be begun before a Travel Plan (in respect of the employment development or the residential development as appropriate) has been submitted to and approved by the Local Planning Authority. In each case the Travel Plan shall set out measures for the encouragement of the use of public transport and reduction of the use of private cars and shall incorporate proposals for the appointment of a Travel Plan Co-ordinator and a programme of monitoring of the performance of the Travel Plan over a period of 5 years from the date of commencement of approval subsequently be implemented in accordance with the Plan. The approved measures and monitoring programme shall subsequently be implemented in accordance with the Travel Plans as approved. REASON To secure implementation of the Travel Plans and enable the Local Planning Authority to monitor their progress and inform a review of such initiatives in the future, in the interests of promoting sustainable transport in accordance with the objectives of national planning policy as set out in PPG13 Transport.

05. U13180 No construction of any buildings in connection with the development hereby permitted shall be begun until full engineering details of all proposed highway work, including the works to Lord's Head Lane (which shall include provision for its closure and appropriate turning facilities) and the junction of Lord's Head Lane with Broomhouse Lane, have been submitted to and approved in writing by the Local Planning Authority, and the works so approved shall be completed in full to the satisfaction of the Local Planning Authority before any of the buildings is brought into use. REASON In the interests of highway safety.

06. U13181 Before any construction works are started on the application site, a Construction Impact Management Plan, indicating measures to be taken to mitigate the effects of the construction activity and associated vehicle movements (in respect of the relevant phase of the development) upon the living conditions of residents within the development, and upon highway safety in the locality, shall be submitted to and approved by the Local Planning Authority. The mitigation measures shall include provision for the following: the limitation of noise, the means of enclosure of the construction site, and any proposed external security lighting installation; the control of dust emissions; the control of deposition of mud or debris on the highway, and the routeing of contractors' vehicles; and the mitigation measures so approved shall be carried out at all times during the construction of any part of the development so approved. REASON To safeguard the living conditions of residents while any further construction work proceeds within the application site, and in the interests of highway safety.

07. U13182 A Statement of Noise Attenuation Measures shall be submitted to the Local Planning Authority not later than the submission of Reserved Matters in respect of each phase of the employment development. The Statement shall set out measures to ensure that sound levels experienced by future occupiers of the dwellings should comply with those specified in WHO 2000 guidance, thereafter construction of the dwellings and boundary treatment shall be carried out in accordance with the measures so approved. REASON To ensure the incorporation of appropriate noise attenuation measures having regard to any potential noise disturbance from activities or traffic associated with the employment development.

08. U13183 Before commencement of construction of any of the buildings, an Air Quality Statement, which shall take account of existing conditions and expected conditions consequent upon the bringing into operation of buildings as part of the employment development, having regard to the effects upon the residential component of the development, and setting out mitigation measures to reduce such effects, shall be submitted to and approved in writing by the Local Planning Authority; and the measures so approved shall be carried out before occupation of any of the dwellings. REASON To safeguard the air quality within the proposed residential development.

09. CLC1 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. a The contaminated land assessment shall include a desk study to be submitted to the Local Planning Authority for approval. The desk study shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be in accordance with CLR 9 - 11 and must be approved by the Local Planning Authority prior to investigations commencing on site.

10. CLC2 Should any unexpected significant contamination be encountered during development all associated works should cease, and the Local Planning Authority be notified in writing immediately. A Remediation Strategy Report shall be submitted to the Local Planning Authority for approval. The associated works shall not re-commence until such time as all the validation data in accordance with the approved remediation strategy has been approved in writing by the Local Planning Authority. REASON To protect human health and controlled waters

11. CLC3 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 Local Planning Authority prior to any soil or soil forming materials being brought onto site. The approved contamination testing shall then be carried out and vaildatory evidence (laboratory certificates,etc) submitted to and approved in writing by the Local Planning Authority 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.

12. U13185 Before commencement of construction of any of the dwellings, details of finished floor levels of the buildings within the residential part of the development, in relation to highways and boundaries of the site where relevant, shall be submitted to and approved in writing by the Local Planning Authority. REASON For the avoidance of doubt and to safeguard the living conditions of future occupiers.

13. VJ10 Details of all unbuilt areas, boundary walls and fences shall be submitted to and approved by the Local Planning Authority before the development hereby permitted is commenced, and such details as approved shall be completed before the buildings, or any parts thereof are occupied or used. REASON In order that the Council may be satisfied as to the details of the proposal.

14. VQ17 No development shall take place on the site until details of a landscaping/planting scheme have been agreed in writing with the Local Planning Authority. This scheme shall indicate all existing trees and hedgerows on the site, showing their respective size, species and condition. It shall distinguish between those which are to be retained, those proposed for removal and those requiring surgery. The scheme should also indicate, where appropriate, full details of new or replacement planting. All planting material included in the scheme shall comply with Local Planning Authority's 'Landscape Specifications in Relation to Development Sites'. Planting shall take place in the first suitable planting season, following the commencement of the development. Any tree or shrub planted in accordance with the scheme and becoming damaged, diseased, dying or removed within five years of planting shall be replaced in accordance with the above document. REASON To ensure that replacement trees are of a suitable type and standard in the interests of amenity.

15. 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.

16. U13186 Before the commencement of the development, a Wildlife Enhancement Scheme shall be submitted and approved in writing by the Local planning Authority. The scheme shall be based upon protected species surveys which shall be carried out as recommended in the report ' Preliminary Ecological Assessment' (Applied Ecological Services 2006). REASON In order to enhance the wildlife and biodiversity value of the area in accordance with Policy ENV43 of the adopted Doncaster Unitary Development Plan (UDP) and to ensure the protection of European and UK protected species in accordance with Policy ENV 50 of the Unitary Developemnt Plan.

17. U13187 Before the commencement of the development, a Sustainable Urban Drainage Scheme shall be submitted to and approved in writing by the Local Planning Authority, and the scheme shall thereafter be implemented in accordance with the details so approved. REASON In order to enhance the wildlife and biodiversity value of the area and to comply with Policy ENV43 of the Unitary Development Plan.

18. U13188 Details of footpaths and cycleways (with barriers) within the application site shall be submitted to and approved in writing by the Local Planning Authority before any such facilities are provided. REASON To ensure that satisfactory details of such facilities are provided, in the interests of accessibility and pedestrian and highway safety. 19. DA01 The development hereby granted shall not be begun until details of the foul, surface water and land drainage systems and all related works necessary to drain the site have been submitted to and approved by the Local Planning Authority. These works shall be carried out concurrently with the development and the drainage system shall be operating to the satisfaction of the Local Planning Authority prior to the occupation of the development. REASON To ensure that the site is connected to suitable drainage systems and to ensure that full details thereof are approved by the Local Planning Authority before any works begin.

20. U13189 No development approved by this permission shall be commenced until a scheme for the provision and implementation of surface water run-off limitation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed so as to prevent an increase in the rate of surface water discharge to the local land drainage system and the drainage works shall be completed in accordance with the details and a timetable to be agreed as part of the scheme. REASON To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

21. U13190 Details of any piling or any other foundation designs using penetrative methods shall be submitted to and approved by the Local Planning Authority before any such operations are carried out. REASON To ensure that any such foundation methods are used only on those parts of the site where there is no resultant unacceptable risk to groundwater.

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

02. INB INFORMATIVE Birds may be nesting in trees and shrubs on the site. It is an offence under the Wildlife and Countryside Act 1981 (as amended) to disturb nesting birds, and vegetation removal or disturbance should be timed therefore to avoid the nesting season (March to August inclusive). 03. U02070 INFORMATIVE The developer is informed that the Reserved Matters will be judged in the context of proposals for the reduction of the predicted CO2 emissions of the development by at least 10% through the use of on-site renewable energy equipment.

04. ICLC1 INFORMATIVE

TO ACCOMPANY CONDITION CLC1 - PREPARATION OF REPORTS ADDRESSING LAND CONTAMINATION

05. ICLC2 INFORMATIVE TO ACCOMPANY CONDITION CLC2 The Remediation Strategy and Validation Report shall be prepared in accordance with CLR11, PPS23 and "Contaminated Land - A guide to developers in the Doncaster Borough" Schedule No: 8.

Application No: 07/03631/RET

Ward Stainforth And Moorends Parish Moss Parish Council

Proposal Retention of change of use of vacant land to touring caravan storage Location The Homestead Fenwick Common Lane Fenwick Doncaster

Applicant Mr And Mrs J W Roberts

Agent

Date of Valid Application: 13th November 2007

======

MAIN POINTS OF REPORT

* This application is being presented to Members of Planning Committee as the application is being made by a local ward member.

* The site is designated as Countryside Policy Area as shown within the Council's Unitary Development Plan (adopted1998), and therefore policies ENV 4 and T5 of the development plan are applicable.

* One objection has been received from consultees to this application.

* The change of use of land for touring caravan storage is considered to be an inappropriate use and contrary to Doncaster Unitary Development Plan Policy ENV 4.

RECOMMENDATION - PLANNING PERMISSION BE REFUSED

ENFORCEMENT

IT IS REQUESTED THAT AUTHORITY BE GIVEN FOR ALL NECESSARY AND APPROPRIATE ENFORCEMENT ACTION TO BE TAKEN IN ORDER TO ACHIEVE THE CESSATION OF THE USE AND BRING ABOUT THE PROPER PLANNING CONTROL OF LAND.

======Introduction

1. The application seeks retrospective planning consent for the change of use of land to touring caravan storage within an existing agricultural holding site and has been submitted as a result of an Enforcement complaint.

2. The application proposes to use the existing vehicular access that currently serves the site.

Site and Surroundings

1. The site comprises of a detached bungalow within a small agricultural holding with existing barns to the side. There are mature hedges and trees along the frontage of the site and a railway line directly to the rear of the site.

2. The site is located and accessed from Fenwick Common Lane which is a narrow country lane, and is situated in an isolated rural location near to the village settlement of Fenwick.

History

1. 06/00627/FUL Erection of extension to agricultural store (12.0m x 8.25m). Granted16/05/2006.

2. 03/0325/RET Retention of swimming pool 3.5m x 7.62m and erection of detached pitched roof pool enclosure to rear of detached dwelling. Granted 16/06/2003.

Development Plan Allocation

1. The site is allocated as within a Countryside Policy Area as designated within the Council's Unitary Development Plan (adopted 1998) and as such the following policies are therefore considered to be of relevance.

2. ENV4 - Development in Countryside Policy Area.

3. T5 - New Development and Traffic Generation.

The following national policies are also relevant -

1. Planning Policy Statement 7 - Sustainable Development in Rural Areas.

2. Planning Policy Guidance Note 13 - Transport

Consultation Responses

1. Highways Development Control has raised no objection.

2. Natural England has raised objection on account that the use is unacceptable and inappropriate in a Countryside Policy Area. 3. No response has been received from Moss Parish Council or the South Yorkshire Badger Group.

Publicity Responses

1. The application has been advertised by site notice and in the press. No letters of representation have been received at the time of preparing this report.

Assessment of Proposal

1. This application is being made by a local ward member and must therefore be considered by members of the Planning Development Control Committee.

2. The application seeks retrospective planning consent for the change of use of vacant land to touring caravan storage on land within a small agricultural holding at The Homestead, Fenwick Common Lane, Fenwick.

3. There are currently several caravans stored on the site. The area of land being used for storage is located to the rear of the site.

4. As the site is located within Countryside Policy Area the application should therefore be assessed with regard to policies ENV4 (Development in Countryside Policy Area) and T5 (Highway and Pedestrian Safety), of the Development Plan.

Inappropriate Development

5. Policy ENV4 states that development is not normally permitted for purposes other than those set out in criteria a-f of Policy ENV4 of the Doncaster Unitary Development Plan. Criteria a-f allows development that relates to agriculture, forestry, outdoor recreation and leisure uses; infill development within settlements; re-use of existing buildings; small scale extension of an existing source of employment; minor retail development appropriate to a rural area and the replacement, alteration or extension to an existing dwelling.

6. The application is considered to be contrary to policy ENV4 in that it represents an unjustified storage facility within the open countryside. It is acknowledged that the land is situated to the rear of the smallholding and has a limited visual intrusion into the open countryside. However the storage of caravans is an inappropriate use of land within a Countryside Policy Area.

Access/Highways

7. Policy T5 of the Doncaster Unitary development Plan (adopted 1998), seeks to ensure that any proposals for new development are located where traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion, or amenity. Access to serve the site is from the existing access on Fenwick Common Lane. Highways Development Control has raised no objections and is satisfied with the proposal. Summary

8. The site is located within an area allocated as Countryside Policy Area. Development within such areas is not normally permitted except where essential for the purposes of agriculture or where exceptional circumstances exist. No appropriate justification has been demonstrated therefore the proposed extension to the existing site is considered to be inappropriate and if approved would represent an undesirable and unacceptable intrusion into the countryside and is therefore recommended for refusal and the appropriate enforcement action be taken.

9. The applicant has been advised that the use is inappropriate in this location and has been advised to remove the caravans from the site within a given 6 month period of time that will expire on 8th April 2008.

RECOMMENDATION

Planning Permission be REFUSED

01. U13168 The site is located within an area allocated as Countryside Policy Area. Development within such areas is not normally permitted except where essential for the purposes of agriculture or where exceptional circumstances exist. In the opinion of the Local Planning Authority no appropriate justification has been demonstrated therefore the change of use of land for touring caravan storage is considered to be an inappropriate use within such an area and if approved would represent an undesirable and unacceptable intrusion into the countryside and is therefore contrary to Unitary Development Plan Policy ENV 4 and advice contained within Planning Policy Statement 7: Sustainable Development in Rural Areas.