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Item 1 Ref:RB2008/1326 Erection of 153 Houses and 80 Apartments (Total of 233 Dwellings) at Land Forming Part of the Former

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Item 1 Ref:RB2008/1326 Erection of 153 Houses and 80 Apartments (Total of 233 Dwellings) at Land Forming Part of the Former ROTHERHAM METROPOLITAN BOROUGH COUNCIL PLANNING REGULATORY BOARD PLANNING AND REGENERATION SERVICE REPORTTH TO COMMITTEE 8 JANUARY 2009 Item 1 Ref:RB2008/1326 Erection of 153 houses and 80 apartments (total of 233 dwellings) at Land forming part of the former Cortonwood Colliery, off Knollbeck Lane, Brampton Bierlow for Cortonwood LTD. Recommendation A. That the application be referred to the Department for Communities and Local Government as a departure under the Town and Country Planning (Development Plans and Consultation) (Departures) Direction 1999. B. That consequent upon the Department for Communities and Local Government deciding not to intervene, the Borough Council resolves to grant permission for the proposed development and enter into a Legal Agreement. C. That the Council resolves to enter into a legal agreement with the applicant under the provisions of Section 106 of the Town and Country Planning Act 1990 for the purposes of ensuring: (i) Provision of affordable units, the affordable units to be provided by the Developer on site will be 7.5% of the proposed total number of units. (ii) Provision of contribution to be agreed in writing with the Local Planning Authority towards education provision. (iii) Contribution towards provision of two no. bus stops along the spine road within the site. (iv)That a phasing plan for the provision of the multi-use games area be agreed in writing by the Local Planning Authority to show that upon the completion of 65% of the houses, the multi-use games area shown on the approved plans shall be installed and completed for use. STATEMENT OF REASONS FOR DECISION TO GRANT PLANNING PERMISSION The Local Planning Authority has decided to grant the planning permission: 1. Having regard to the policies and proposals in the Development Plan including interim planning statements and the advice set out in government guidance, and all relevant material planning considerations set out below: Regional Spatial Strategy for Yorkshire and the Humber (adopted May 2008) Policy SY1 ‘South Yorkshire sub area Policy H3 ‘Managing the release of land in support of interventions to address failing housing market’ Policy H4 ‘Provision of Affordable Housing’ Policy T1 ‘Personal Travel Reduction and Modal Shift’ UDP Policies ENV3.1 ‘Development and the Environment’ ENV3.2 ‘Minimising the Impact of Development’ ENV3.7 ‘Control of Pollution’ ENV4.4 ‘Contaminated Land’ HG5 ‘The Residential Environment’ T3 ‘Public Transport’ T6 ‘Location and Layout of Development’ Supplementary Planning Guidance Housing Guidance 7: ‘Security’ National Policies Planning Policy Statement 1 ‘Delivering Sustainable Development’ Planning Policy Statement 3 ‘Housing’ Planning Policy Statement 6 ‘Town Centres’ Planning Policy Guidance 13 ‘Transport’ 2. For the following reasons: Although the loss of the land allocated for industrial and business usage in favour of residential redevelopment is contrary to policy, there are special circumstances which outweigh this. In principle, the residential development of this site will contribute to the target housing for the Borough as set out in RSS Policy H3. In addition, the Employment Land Study recognises that the development of this land for Industrial and Business purposes is not viable due to the topography of the site. On this basis, in line with the aims of RSS Policies and Local Policies to regenerate the Dearne Valley, it is considered that the residential development of this derelict and vacant site is acceptable in principle. The layout and design of the development is of a contemporary nature and is considered to be of a high quality with individually designed units to suit this site. Whilst the nature and type of housing is contemporary, it is considered to be make efficient use of the topography of this site in line with PPS3. The development also provides improvements to open space in general and provides links from neighbouring residential estates to the facilities contained within the adjacent Cortonwood Business/Retail Park. The Greenspace provision and specific Multi Use Games Area will benefit not only the future residents of this site but also those of the adjacent residential areas in the locality and is considered to contribute to the overall local environment by allowing for the formal recreational use of part of the site. In addition, improvements to public transport and accessibility will be secured by the creation of an ‘all traffic link’ to Cortonwood Drive and the provision of additional bus stops on the spine road of the development. This will contribute to the creation of sustainable communities in line with PPS1 and enable links between the residential areas in the locality and the business (and job) and shopping opportunities associated with the adjacent business/retail park. Education provision will be increased in light of the Developer’s financial contribution detailed in the Section 106 Agreement and Heads of Terms. 3. The forgoing statement is a summary of the main considerations leading to the decision to grant reserved matters. More detailed information may be obtained from the Planning Officer’s Report and the application case file and associated documents . Conditions 01 [PC97] The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below) except as shall be otherwise agreed in writing by the Local Planning Authority. (Drawing numbers 26099_L(--)02 Rev K, 26099_L(--)06 Rev G, 26099_L(-- )07 Rev G, 26099_L(--)08 Rev G, L(2-)COR_15 Rev A, L(2-)COR_16 Rev A, L(2-)COR_17 Rev B, L(2-)COR_18 Rev A, L(31)COR_15 Rev A, L(31)COR_16 Rev A, L(31)COR_17 Rev B, L(31)COR_18 Rev A, 26099_L(-- )10 Rev D, 26099_L(--)11 Rev D, 26099_L(--)12 Rev D, 26099_L(--)13 Rev D, 26099_L(--)18, 26099_L(2-)COR_01B, 26099_L(2-)COR_02B, 26099_L(2- )COR_03B, 26099_L(2-)COR_04B, 26099_L(2-)COR_05B, 26099_l(2- )COR_06B, 26099_L(2-)COR_07B, 26099_L(2-)COR_09B, 26099_L(2- )COR11B, 26099_L(2-)COR_12, 26099_L(31)COR_01A, 26099_L(31)COR_02A, 26099_L(31)COR_03A, 26099_L(31)COR_04A, 26099_L(31)COR_05A, 26099_L(31)COR_06A, 26099_L(31)COR_07A, 26099_L(31)COR_09A, 26099_L(31)COR_11A, 26099_L(31)COR_12) (received 19 August, 8 October and 4 December 2008). 02. The site marked A on the approved plan shall be developed for a Multi Use Games Area, details of which shall be submitted to and approved in writing by the Local Planning Authority. The development of the Multi Use Games Area shall be carried out in accordance with the approved details in accordance with the timescale set out in the legal agreement. 03. The development shall be carried out in accordance with the approved Flood Risk Assessment by Scott Wilson, dated April 2008, and shall incorporate all the proposed mitigation measures detailed in that FRA. 04. The floor level of any dwelling constructed on this site shall be a minimum of 150mm above site ground level. 05. 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 drainage works shall be completed in accordance with the details and timescale agreed. 06. No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run off limitation has been submitted to and approved in writing by the Local Planning Authority. The scheme must incorporate Sustainable Drainage Systems as detailed in Sections 6.11 and 6.12 of the Flood Risk Assessment. The scheme shall be implemented in accordance with the approved programme and details. 07. There must be no new building, structure (including gates, walls and fences) or raised ground levels within (a) 3 metres of the top of any bank of watercourses, and/or (b) 3 metres of any side of an existing culverted watercourse, inside or along the boundary of the site, unless otherwise agreed in writing by the Local Planning Authority. 08. Prior to the commencement of development hereby approved (or such other date or stage in development as may be agreed in writing by the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved in writing, by the Local Planning Authority: (a) A site investigation scheme, based on the findings of the Phase 1 Desk Study report submitted with the application shall be provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site; (b) Based on the site investigation results and the detailed risk assessment an options appraisal and remediation strategy giving full details of the remediation measures required shall be undertaken and submitted to the Local Planning Authority. (c) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved. 09. Prior to development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved in writing by the Local Planning Authority. The report shall include the results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long term monitoring and maintenance plan) for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority.
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