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Doncaster Metropolitan Borough Council DONCASTER METROPOLITAN BOROUGH COUNCIL Agenda Item No: 5 Date: 11th August 2009 To the Chair and Members of the PLANNING COMMITTEE PLANNING APPLICATIONS PROCESSING SYSTEM Purpose of the Report 1. A schedule of planning applications for consideration by Members is attached. 2. Each application comprises an individual report and recommendation to assist the determination process. Human Rights Implications Member should take account of and protect the rights of individuals affected when making decisions on planning applications. In general Members should consider:- 1. Whether the activity for which consent is sought interferes with any Convention rights. 2. Whether the interference pursues a legitimate aim, such as economic well being or the rights of others to enjoy their property. 3. Whether restriction on one is proportionate to the benefit of the other. Andy Gutherson Assistant Director of Development and Planning Directorate of Development and Planning Contact Officers: Mr M Roberts (Tel: 734897), Mr G Stent (Tel: 734994) and Mrs D Holgate (Tel: 734925) Background Papers: Planning Application reports refer to relevant background papers Summary List of Planning Committee Applications ( 4 ) 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 08/03024/FULM Mexborough 2. M 09/00728/OUTA Armthorpe Armthorpe Parish Council 3. 09/00834/COU Bessacarr And Cantley 4. 09/01302/COU Town Moor Schedule No: 1. Application No: 08/03024/FULM Ward Mexborough Parish Proposal Erection of 212 residential units including public open space and locally equipped area of play, with associated remedial work including importation of inert fill materials on approx 5.13 ha of land (Being resubmission of application refused under Ref: 07/01996/FULA on 26.10.2007) Location Mexborough Power Station, Doncaster Road, Mexborough, South Yorkshire Applicant Strata Homes Yorkshire Ltd Agent DLP Planning Ltd Date of Valid Application: 22nd October 2008 ** APPLICATION PREVIOUSLY CONSIDERED BY PLANNING COMMITTEE ** THE ABOVE APPLICATION WAS CONSIDERED BY THE PLANNING COMMITTEE ON 21ST JULY 2009 AND WAS DEFERRED FOR A SITE VISIT ON 7TH AUGUST 2009 IN ORDER FOR MEMBERS TO ESTABLISH THE PROXIMITY OF THE RIVER WITH REGARD TO FLOOD RISK AND TO ESTABLISH THE SCALE OF THE DEVELOPMENT AND TO ASSESS THE IMPACT IN PARTICULAR THE SMELLS FROM THE IMPROVED YORKSHIRE WATER TREATMENT WORKS ADJACENT. CLLR JAMESON ALSO WANTED SPECIFIC REFERENCE MADE TO WHAT ASBESTOS HAS BEEN DUMPED AND CAPPED ON THE SITE. A VERBAL REPORT ON THE OUTCOME OF THE SITE VISIT AMD THE RESULTANT RECOMMENDATION WILL BE PRESENTED AT THE MEETING. =================================================================== MAIN POINTS OF REPORT * This planning application is being presented to Planning Committee because it is a departure from the provisions of the development plan and has been publicised in accordance with statutory requirements. * The proposal is also of a scale such that, should Members resolve to grant planning permission, the application must be referred to the Secretary of State. * No objections have been received from consultees subject to conditions being attached to any grant of planning permission. * One letter of objection has been received with regards to asbestos and health problems. * The proposal is for the erection of 212 residential units including public open space and a locally equipped play area and importation of inert fill material on approx 5.13 hectares with a density of 41 per hectares. * Relevant Planning Policy - National, PP S 1 Delivering Sustainable Development , PPS 22 Renewable Energy, PPS 23 Planning and Pollution, PPS 25 Development and Flood Risk, PPS 3 Housing, PPG Note 4 Industrial, Commercial Development and Small Firms, PPG Note 13 Transport. Regional Spatial Strategy Policies -ENV 1 Development and Flood Risk, ENV 5 Renewable Energy, H4 Provision of Affordable Housing, H5 Housing Mix, YH1- YH8 Spatial Vision and Core Approach, T3 Public Transport. Adopted Unitary Development Plan 1988 RP4 Don Dearne Valley, ENV52 Design of New Buildings,ENV53 Design of New Buildings (scale and appearance), ENV43 New Development and Nature Conservation, ENV44 Wildlife Corridors, ENV59 Protection Of Trees, ENV60 Landscaping in Development Proposals, ENV67 Improving the Environment, ENV69 Development on Potentially Contaminated Land, PH13 Standards of Residential Development, PH19 Provision of Affordable Housing, RL4 Public Open Space Provision, T5 New Development and Traffic Generation, PU6 Land Drainage, PU10 River Quality and Pollution Control. DMBC Interim Planning Position Statement 3 Employment in Doncaster, DMBC Interim Planning Position Statement 2 Housing, DMBC Interim Planning Position Statement 1 Affordable Housing in Doncaster. Emerging Local Development Framework (Core Strategy) CS-B2 Incorporation of Sustainability Initiatives in Development Proposals. * In summary as the site meets the tests set out in Planning Position Statement 3 - Employment in Doncaster and that there are no employment planning policy objection to the application and there are no housing policy objections to the site being developed for residential purposes is in accordance with national , Regional and Local Guidance. The proposed scheme provides a mix of house types ensuring a mix of households for a sustainable community. The proposal makes efficient use of a previously derelict contaminated brownfield site. The density, parking levels and access to the site are considered acceptable and will not have a detrimental impact on the highway network, and will not be detrimental to highway safety. A section 106 Legal Agreement will be entered into for affordable housing, POS and LEAP, Management Agreement, Bus stops and shelters, vehicular monitoring and a Transport Improvement Bond. A travel plan has also been agreed. 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 THE 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: Adopted Unitary Development Plan 1988 RP4 - Don Dearne Valley ENV52- Design of New Buildings ENV53 - Design of New Buildings (scale and appearance) ENV43 - New Development and Nature Conservation ENV44 - Wildlife Corridors ENV59 - Protection of Trees ENV60 - Landscaping in Development Proposals ENV67 - Improving the Environment ENV69 - Development on Potentially Contaminated Land PH13 - Standards of Residential Development PH19 - Provision of Affordable Housing RL4 - Public Open Space Provision T5 - New Development and Traffic Generation PU6 - Land Drainage PU10 - River Quality and Pollution Control Emerging Local Development Framework (Core Strategy) CS-B2 Incorporation of Sustainability Initiatives in Development Proposals Planning Policy Statement 1 - Delivering Sustainable Development Planning Policy Statement 22 - Renewable Energy Planning Policy Statement 23 - Planning and Pollution Planning Policy Statement 25 - Development and Flood Risk Planning Policy Statement 3 - Housing Planning Policy Guidance Note 4 - Industrial, Commercial Development and Small Firms Planning Policy Guidance Note - 13 Transport DMBC Interim Planning Position Statement 3 - Employment in Doncaster DMBC Interim Planning Position Statement 2 - Housing DMBC Interim Planning Position Statement 1 - Affordable Housing in Doncaster Regional Spatial Strategy (RSS) May 2008 (Policies) ENV 1 - Development and Flood Risk ENV 5 - Renewable Energy H 4 - Provision of Affordable Housing H 5 - Housing Mix YH1 - YH8 Spatial Vision and Core Approach T3 - Public Transport 2. For the following reasons: The site meets the tests set out in Planning Position Statement 3 - Employment in Doncaster and there no planning policy objections to this site not being developed for employment uses. There are no housing policy objections it is then considered that the proposal is in accordance with national, Regional and Local Guidance. The proposed scheme provides a variety of house types ensuring a mix of households for a sustainable community. The proposal makes efficient use of a previously derelict contaminated brown field site, which can be remediated for human habitation. Remediation would be strictly regulated by Pollution control and the Health and Safety Executive, which would protect local residents in addition only licensed contractors can work with asbestos on the site. Access and parking levels to the site are considered acceptable and will not have a detrimental impact on the highway network and will nor prejudice highway safety. An acceptable landscaping scheme incorporating public open space and a locally equipped are of play is being provided and appropriate mitigation for loss of biodiversity is to be provided A section 106 Legal Agreement will be entered into for affordable housing, pos and LEAP, Management Agreement, Bus stops and shelters, vehicular monitoring and Transport Improvement Bond.
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