Report Precis

Report of the Assistant Director

Planning and Transportation to the

Planning Regulatory Board

Date: 03/06/2008

Doc No

Subject

Town and Country Planning Act 1990 - Part III applications

Purpose of Report

This report presents for decision planning, listed building, advertisement, Council development applications and also proposals for works to or felling of trees covered by a Preservation Order and miscellaneous items.

Information

The proposals presented for decision are set out within the index to the front of the attached report. Applications included under Section A are recommended for approval and conditions are summarised at the end of each application.

Applications listed under Section B are recommended for refusal and the reason(s) for refusal are set out at the end of each application.

Section C include proposals for Council development and sections D and E of the report include consultations by neighbouring planning authorities and miscellaneous items respectively.

Access for the Disabled Implications

Where there are any such implications they will be referred to within the individual report.

Financial Implications

None

Crime and Disorder Implications

Where there are any such implications they will be referred to within the individual reports.

Human Rights Act

The Council has considered the implications of the Act in the way it administers its responsibilities under the Town and Country Planning Act.

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Representations

Where representations are received in respect of an application, a summary of those representations is provided in the application report which reflects the key points that have been expressed regarding the proposal.

Members are reminded that they have access to all documentation relating to the application, including the full text of any representations and any correspondence which has occurred between the Council and the applicant or any agent of the applicant.

Recommendation(s)

That the applications be determined in accordance with the recommendations set out in the main report which is attached.

Full report attached for public and press copy (unless Confidential item).

2 METROPOLITAN BOROUGH COUNCIL PLANNING AND TRANSPORTATION Westgate Plaza 1, Westgate, Barnsley AS RECOMMENDED

To: The Chairman and members of the Planning Regulatory Board Date:03/06/2008

Town and Country Planning Act, 1990 Part III Applications

Notes

1. Permissions granted with reserved matters (Standard Condition 1) i. Detailed application for approval must be made to the Local Planning Authority not later than the expiration of three years beginning with the date of the grant of this outline permission and

ii. The development to which the permission relates must be begun not later than whichever is the later of the following dates:

a) The expiration of three years from the date of the outline planning permission, or

b) The expiration of two years from the final approval of the reserved matters, or, in case of approval on different dates, the final approval of the last such matter to be approved.

for the following reason:

“In order to comply with Section92(2) of the Town and Country Planning Act, 1990”.

2. Permissions granted without reserved matters (Standard Condition 2)

The development for which permission is hereby granted shall be begun within a period of five years from the date of this permission for the following reason:

“In order to comply with the provisions of Section91(1) of the Town and Country Planning Act, 1990”.

BACKGROUND PAPERS

These are contained within the application files listed in the following schedule of planning applications.

They are available for inspection at Barnsley Connects, Civic Hall, Eldon Street, Barnsley.

3 SITE VISITS

2008/0301 Page 6

Erection of a wind turbine Land adjacent Stable Yard, off Brown's Edge Road, Hepworth.

2008/0337 Page 11

Erection of a single storey rear extension to dwelling and single storey detached workshop 20 Dovecliffe Road, Wombwell, Barnsley, , S73 8UE

SECTION A - APPROVALS

2007/1838 Page 14

Conversion and extension to redundant agricultural barns to create 5 dwellings with new build garages Fall Head Farm, Fall Head Lane, Silkstone, Barnsley

2007/2130 Page 24

Erection of Class A1 retail foodstore, access ,car parking and boundary treatment works (Outline) Former Market Place, Station Road, Thurnscoe,

2007/2153 Page 30

Conversion and extension to redundant agricultural building to create Earth Sheltered Dwelling Mill Farm, Off New Road/Carr Lane, Gunthwaite, Barnsley, South Yorkshire

2008/0175 Page 35

Use of land as a composting facility including construction of lagoon and weighbridge. Farm off Bagger Wood Hill, Hood Green, Barnsley.

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2008/0226 Page 57

Erection of two bay fire station with community facilities Land at Burton Road/Tumbling Lane, Barnsley

2008/0274 Page 64

Conversion of former school into 24 apartments. Grove Street School, Grove Street, Barnsley, S71 1ES

2008/0482 Page 71

Erection of single-storey extension to school to form office/reception. St. Michael's RC Primary School, Stonyford Road, Wombwell, Barnsley, S73 8AF

2008/0496 Page 74

Erection of 20m high radio mast Field fronting business premises: Cliffe Kennels, Barnsley Road, Hoylandswaine, , S36 7HB

2008/0619 Page 78

Retention of 2 cold storage units at existing farm shop. Rob Royd Farm Shop, Genn Lane, Worsbrough, Barnsley, S70 6NP

SECTION B - REFUSALS

2008/0122 Page 83

Change of use of land for the storing and maintenance of mini buses and extension of use. (Retrospective) Land adjoining Noroyds, Wakefield Road, Barnsley

2008/0483 Page 87

Erection of two detached dwellings (Resubmission) Land off Dance Lane, Crane Moor, Sheffield

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SITE VISITS

2008/0301 Miss Jenny Tyas Erection of a wind turbine Land adjacent Stable Yard, off Brown's Edge Road, Hepworth.

SITE VISIT – 3RD JUNE, 2008

No letters of representation received.

Site Location and Description

The site is in an elevated location, situated on a sloping grass field overlooking Browns Edge Road, a quiet rural lane. The location with its open pastures gives an exposed and remote impression. Broadstone reservoir provides a scenic backdrop approximately 300m to the north, whilst the nearest dwelling lies more than 600m to the south west. A stable building lies 180m to the north east which would be the sole beneficiary of electricity generated by this proposal. The site is approximately 1km to the east of Maythorn hamlet and 1.5 km to the north of Royd Moor wind farm.

Proposed Development

The applicant is proposing to erect a domestic wind turbine with a mast height of 12.5m and a rotor diameter of 5.4m. The total height from base to the highest point of the rotor diameter is 15.2m. The proposed tower is constructed of galvanized steel with grey turbine blades.

The turbine has a rated output of 5 Kilowatts. Electricity generated from the proposal would provide power to a nearby stable building, with any excess being stored in batteries for use when the wind resource is not sufficient to power the turbine.

Policy Context

The site is designated as Green Belt in the adopted Barnsley Unitary Development Plan

The site is allocated as Green Belt in the emerging Local Development Framework. This document is at an early stage and therefore has limited weight as a material consideration.

National Policy Guidance

Planning Policy Statement 1 – Supplement (Planning and Climate Change) - The UK is committed under the Kyoto Protocol to reduce emissions of greenhouse gases to 12.5 per cent below 1990 levels by 2008-12. The Government has, therefore, put forward a Climate Change Bill which would put into statute the UK’s targets to reduce carbon dioxide emissions, through domestic and international action, to 26-32% below 1990 levels by 2020 and to at least 60 per cent by 2050.

Planning Policy Guidance 2 (Green Belt) – Planning policy on Green Belts is of relevance. This is reflected in policies GS7 and GS9 of the Barnsley Unitary Development Plan.

Planning Policy Statement 22 (Renewable Energy) – States that small-scale projects can provide a limited but valuable contribution to overall outputs of renewable energy and to meeting energy needs both locally and nationally.

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Regional Spatial Strategy (RSS) – Provides targets for renewable energy for the Yorkshire and Humber region.

Unitary Development Plan Policies (UDP)

Policy GS7 – Development will not be permitted in the Green Belt unless it maintains the openness of, and does not conflict with the purposes of including land in, the Green Belt.

Policy GS9 – Development within the Green Belt, or conspicuous from it, should not by reason of its siting, materials or design result in significant harm to the visual amenity of the Green Belt.

Policy BE6 indicates the Council will seek to achieve good design standards for all types of development

Policy ES12 indicates that wind generation will be assessed against impacts to visual amenity and residential amenity including noise, visual outlook, shadow flicker and flashing from turbine blades.

Policy ES12A indicates that appropriate technology and design will be required on new wind generation proposals together with appropriate colouration.

Consultations

Dunford Parish Council – No comments.

Environmental Health – No objection subject to the imposition of appropriate planning conditions.

National Air Traffic Services (NATS) – No comments.

Representations

The application was advertised on site and in the local press. No letters of representation were received.

Assessment

Material Consideration

Principle of development Design and layout Residential Amenity Green Belt and Visual Amenity Conclusion

Principle of development - The site is located within the Green Belt and Planning Policy Statement 22 states that such proposals in the Green Belt should be considered against the wider environmental, economic and social benefits that arise from renewable energy projects.

Recent Government papers and policies continue to promote a reduction in Carbon Dioxide emissions. Government guidance currently seeks to generate 10% of electricity from renewable sources by 2010 and 20% by 2020 with a long term aim of 60% by 2050. The Regional Spatial Strategy provides local targets for renewable energy schemes and this proposal will make a small contribution to this. PPS 22 states that small-scale projects have a limited but valuable contribution to overall outputs of renewable energy. The proposal would clearly result in a reduction in Carbon Dioxide emissions, and is therefore, in principle, supported.

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Design and layout - The turbine comprises neutral colours (grey) and a galvanized steel structure which will visually recede over time. It is considered that the colouration of the turbine is acceptable and in compliance with policy ES12A of the UDP.

Residential Amenity - Due to the location of the nearest dwelling, over 600m to the south west, it is not considered that the proposal will have any impact on residential amenity. Noise and shadow flicker is also unlikely due to the remoteness of the site.

Green Belt and Visual Amenity - The proposed development introduces a tall and alien structure into an otherwise open, Green Belt landscape. The turbine will only provide electricity for the stable building and none of the electricity would be circulated back to the grid. It is not considered that a turbine of this scale is fully justified given the relatively minimal power requirements of the stable building. However, the turbine manufacturer is unable to provide a smaller scale turbine. Moreover, the applicant has provided further justification for the proposal as the excess electricity is required to charge a battery for when weather conditions are not conducive for electricity generation.

Whilst the exploitation of renewable energy is often accepted as a justification for allowing development within the Green Belt, such a presumption must be balanced against visual harm. The proposal although tall, is not of the same scale as commercial wind turbines such as those on Royd Moor ridge. The tower comprises a thin pole which is not unduly prominent and it is considered the relatively muted appearance of the overall structure does not significantly impact on the openness of the Green Belt.

With this in mind, it is not considered the proposal conflicts with GS7 of the UDP as it does not impact on the openness of the Green Belt nor does it conflict significantly with the purposes of Green Belt allocation. The proposal also adheres to GS9 in that development by reason of its design, siting and material does not cause significant harm the visual amenity of the Green Belt.

It is acknowledged that wind turbines have a limited life, and may become inefficient over time. A temporary permission of 20 years is therefore recommended upon the granting of permission.

Conclusion

The proposal involves balancing the merits of a renewable scheme with the potential negative implications on the Green Belt landscape. Whilst it is acknowledged that the proposal is relatively large in relation to the needs of the stable building, the benefits of renewable energy which are supported through PPS22 outweigh the relatively minimal impact this proposal has on the local and wider Green Belt landscape.

Recommendation

Grant subject to:-

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2. The approval hereby granted shall be for a limited period of 20 years only from the date of this permission by which date the turbine shall be removed. The site shall thereafter be restored to a condition suitable for agricultural use. Reason: It would not be in the interest of energy efficiency or the appearance in the landscape for old turbines to remain in situ indefinitely.

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3. The development hereby approved shall be carried out in strict accordance with the plans and specifications approved unless prior written consent has been given by the Local Planning Authority to any variation. The following plans and specifications are approved: Design and Access Statement and Supporting Information entitled ‘Application to erect a wind turbine, Stable Yard, Off Brown’s Edge Road’, ‘Environmental Impact Noise Assessment and a supporting statement written by Segen Ltd. (02.04.2008). Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

4. If the turbine ceases to be operational for the purposes of generating electricity for a continuous period of 6 months it shall, unless otherwise agreed in writing by the Local Planning Authority, be dismantled and removed from the site. The site shall thereafter be restored to a condition suitable for agricultural use. Reason: To protect the visual amenity of the Green Belt.

5. The rotor blades of the wind turbine hereby approved shall have a matt finish. Reason: To prevent the reflection of light.

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Planning Application Number: 2008/0301 1:2500 Site Address: Land adjacent Stable Yard, off Brown’s Edge Road,

Hepworth.

Development Description: Erection of a wind turbine Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

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2008/0337 Mr Day Erection of a single storey rear extension to dwelling and single storey detached workshop 20 Dovecliffe Road, Wombwell, Barnsley, South Yorkshire, S73 8UE

SITE VISIT – 3RD JUNE, 2008

This application was deferred at the last board meeting for a site visit.

2 Objections received from neighbouring residents.

Description

This is a large detached bungalow, benefitting from a long rear garden, containing trees and shrubbery. The property is within a residential area and its rear garden abuts Wombwell Station.

Proposed Development: The proposal is in 2 parts

1) Erection of a single storey rear extension to dwelling. The rear extension projects 4 metres and will partially replace a flat roofed extension. The roof will be consistent with the main property. This part of the proposal raises no issues. 2) A workshop located at the end of the rear garden measuring 13.4m in length, 5.4m in width and maximum roof height if 4.9m. The workshop will have a large 6 panelled south facing window, along with a smaller window and door. The applicant has stated the use of the workshop will be primarily for a woodworking hobby that includes various small woodworking machines. The building will also accommodate garden tools, and items of domestic storage.

Policy Context

UDP – Housing Policy area.

Policy H8E – indicates that alteration should be of a scale and design which harmonises with the existing building, not adversely affect neighbouring dwellings and maintain the character of the existing street scene.

Policy BE6 – The Council will seek to achieve good design standards for all types of development.

SPG4 contains further guidance on house extensions.

Consultations

None

Representations

2 Objection letters received:

• No objections to the single storey rear extension. • Concerns that the use of the workshop, could be used for business use or as an additional dwelling. • Loss of light within the neighbouring gardens. • Overlooking into neighbouring gardens. • Damage to trees.

11 • Noise and disturbance from workshop.

Assessment

Material Consideration

Principle of development Visual Amenity Residential Amenity

Principle of development - The property lies within a Housing Policy Area where extensions and alterations to dwellings are considered acceptable provided there is no adverse impact on residential amenity.

Visual Amenity - The extension to the bungalow is acceptable in terms of its design and will have little impact on adjacent properties. The design of the workshop is also acceptable. It will not take up a disproportionate amount of garden space, and will be suitably screened from adjacent properties by trees and shrubs. Members are advised that domestic outbuildings such as sheds, greenhouses, summerhouses and workshops are frequently permitted development. This workshop only requires consent because its height (4.9m) exceeds the 4m threshold set by legislation.

Residential Amenity - The proposals comply with the Council’s guidance to protect residential amenity. The proposed single storey rear extension will not reduce amenities enjoyed by neighbours and is considered acceptable. The position of the workshop will not adversely affect neighbouring properties, and provided it is used for domestic purposes is unlikely to cause disturbance.

Recommendation

Grant subject to:-

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2 The external materials shall match those used in the existing building. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

3 The development hereby approved shall be carried out strictly in accordance with the plans and specifications as approved unless prior written consent has been given by the Local Planning Authority to any variation. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

4 The workshop shall not be used for any trade or commercial purpose and shall at all times remain incidental to 20 Dovecliffe Road as a residential property. Reason: In the interests of the amenities of local residents.

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Planning Application Number: 2008/0337 Site Address: 20 Dovecliffe Road, Wombwell, Barnsley, South 1:1250 Yorkshire, S73 8UE Development Description: Erection of a single storey rear extension to dwelling and single storey detached workshop Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

13 SECTION A - APPROVALS

2007/1838 Mrs B Crawford Conversion and extension to redundant agricultural barns to create 5 dwellings with new build garages Fall Head Farm, Fall Head Lane, Silkstone, Barnsley

Silkstone Parish Council object to the proposals Two objections have been received

Description

Fall Head Farm is a redundant agricultural holding, which includes an existing farmhouse, Fall Head Farmhouse and a number of agricultural buildings. The buildings consist of a group of single and two storey barns and outbuildings arranged around a courtyard. The buildings include a detached coach house, and L-shaped range including principal barn and granary, stables, cow house, pig sties and sheds. Alongside this group are a number of more recent structures, including pole barns, a Nissan Hut, various lean-tos and attached sheds.

The site is located within open countryside with Silkstone Golf Course to the East. Immediately to the south is Lees Hall Farm. The Farm shares an access with Lees Hall Farm along Fall Head Lane which is a long unmade track that joins onto the A628. The current access has poor visibility. A Public Right of Way runs along Fall Head Lane, and a further Public Right of Way just beyond the farm group. The group of buildings are isolated and cannot be seen from public roads.

Proposed Development

It is proposed to convert and extend the barns to create five dwellings, which include a very small one bedroom single storey property, two three bedroom properties, and two four bedroom properties.

The proposal includes four extensions to the buildings which replace more modern structures, and five new build garages, one of which will serve Fall Head Farmhouse. There are a number of more modern structures within the site that are not capable of conversion and these are to be removed.

The existing buildings are to be converted using reclaimed stone/brick as appropriate. Existing openings are to be utilised and a small number of new openings formed to reflect the original fenestration and proportions. The buildings are to be situated around an enclosed garden courtyard, reflecting the original ‘model farm’. The proposed courtyard is intended to be a common area with central enclosed bin storage.

Landscaping includes the erection of natural stone boundary walls, hedges and planting of screening along the eastern boundary, and an orchard to be planted along the northern boundary. The proposal includes enclosed amenity space for each dwelling. Small parking areas with new building garaging are proposed to screen parked vehicles from view. Five trees are to be removed from the site which have been surveyed and show either signs of decay or decline, and five other trees are to be removed as they are causing damage to existing buildings.

14 It is proposed to improve the vehicular access to the site. This involves widening the access point at the A628 to provide improved visibility. The lane is to be widened in parts along the east side to provide a number of passing places and a diversion around Lees Hall Farm. This enables an adequate separation from the Listed Barn. The diversion around Lees Hall Farm will require a loss of a large sycamore tree and additional compensatory planting. It is also proposed to construct a vehicular turning head at Fall Head Farm to accommodate service vehicles. New private access drives are to be laid along the east and west side of the site.

Foul drainage is to be taken by a private Biodisk or similar treatment plant, and surface water is to be taken to existing soakaways subject to permeability and thereafter via an independent surface water system.

A Design and Access Statement has been submitted, along with an Archeological Desk-Based Assessment, a Bat and Barn Owl Survey, and an Arboricultural Report in support of the application.

Policy Context

Unitary Development Plan – Green Belt

GS7 – Development within the Green Belt will not be permitted unless it maintains the openness, and does not conflict with the purposes of including land in, the Green Belt.

GS8A - in the green belt, the change of use, alteration and extension of an existing building will be permitted provided that : a) The building as altered and extended or used will not have a materially greater impact than the present use on the openness of the green belt b) The building as altered and extended or used in accordance with the development permitted, will not adversely affect the amenity of local residents or the appearance of the locality, nor lead to traffic or safety problems c) The building proposed for conversion is structurally sound and capable of conversion without the need for substantial alterations d) The development will not result in the loss of an essential component of an agricultural holding and is compatible with the viability of continuing agricultural activity e) Any proposed alteration or extension is architecturally consistent with the existing building and respects its height, shape mass and plan form, the existing external materials, and its overall setting f) The site curtilage must be limited to an area reasonable to fulfil the functions of the proposed use and will not in its appearance or use adversely affect the amenity of local residents or the appearance of the locality g) a proposal to change the use of a non-residential building to residential use will be permitted only if : i) The applicant has made every reasonable attempt to secure a suitable agricultural, business, leisure, tourism or other use which would contribute to the local rural economy iii) Residential use would be a significantly better way of retaining and enhancing the character and appearance of the building than a non-residential use.

GS9 – development within the green belt, or conspicuous from it, should not by reason of its siting, materials or design result in significant harm to the visual amenity of the green belt.

BE6 – Indicates that development that is of an appropriate layout, scale and materials is normally considered acceptable.

15 Policy GS16 – Development likely to have an impact upon any habitat or species protected by law will not be permitted unless other material considerations outweigh and impact upon the site

Policy GS18A – Where the Council considers development may have an adverse effect on nature conservation interests; it may require an evaluation of the impact upon the site.

Policy T2 - Development will only be allowed if the additional demand for traffic can be accommodated on the surrounding highway network.

Policy UTL2 - Development will not be permitted which increases the demand for off-site service infrastructure in respect of water supply, sewerage or sewage treatment unless adequate capacity exists or can be provided in time to serve the development.

SPG35 – Silkstone Parish Design Statement indicates that any attempts to develop into green belt should be resisted with the exception of extensions to existing properties and the conversion of unused farm buildings.

Consultations

Silkstone Parish Council - Object to the development. ‘The proposed development is on green belt land and would be an isolated development away from the urban village of Silkstone. The development would cause increased road traffic on what is at present a quiet country lane. The Parish Council object to the re-direction of the footpath through the site. Fall Head Farm and the Timber Frame Barn is shown on the recently defined Silkstone Heritage Trail. This application goes against the Parish Design Statement which aims to highlight the need to maintain the village’s green belt land and open spaces.’

Natural – Agree with the recommendations in the Report of the Bat and Barn Owl Survey with regard to bats subject to a condition. There is a lack of evidence to support the use of the site for breeding barn owls. Tree Sparrow is a protected species and impact of proposal should be assessed with mitigation measures before determination.

Yorkshire Wildlife Trust – No comments received

DEFRA (Regional Office) – No comments received

Environment Agency – No comments

Landscaping – The proposed tree removals are relatively insignificant and the addition of some new tree planting combined with the apparently sympathetic redevelopment of the site should ensure that the sites character is preserved. Advises that existing trees are given TPO protection.

South Yorkshire Archaeology Service – The application has archaeological implications and a condition requiring a written scheme of investigation should be attached should planning permission be granted.

Yorkshire Water Services Limited – Advise on the need for the dwellings to be on private water treatment facilities.

Environmental Health/ Pollution Control – No objection subject to conditions

Highways DC – The number of dwellings exceeds 5 which is the maximum served on a private drive. However given the isolated location no objections are raised. Proposed improvement works to Fall Head Lane are reasonable and practical. They also comment that the site is poorly related to community facilities and private transport, thereby placing a reliance on the private car.

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Public Rights of Way –There are two public footpaths. One follows the access and apart from a very minor diversion as a consequence of the improved access, will not be affected. The second footpath is to the north of the site and its route is unchanged.

Design – Concludes that this is a sensitive scheme that reflects that character of this interesting grouping.

English Heritage – Following representations, English Heritage looked at the possibility of listing the group but found that the quality and age did not meet listing criteria.

Representations

Two Objections:- These include a strong and detailed objection from the acting tenant of Fall Head Farmhouse.

• Fall Head Farm House and part of the buildings have been used in connection with keeping livestock for the past four years • Re-use of buildings for economic development (agriculture/diversification) would be more sustainable/beneficial to local employment and landscape value • Harm to character of settlement. New build garages/extensions is contrary to Green Belt Policy and will intrude on the Green Belt • Harm to visual amenity of Green Belt • Windows will be intrusive and highly visible • Noise and Light Pollution • Impact upon residential amenity of Farm House from overlooking, increase in disturbance and loss of privacy • Development is not sustainable, being remote and accessed by a long track. • Excessive parking/garaging • Improvements to farm track will be obtrusive within landscape • Adverse impact upon the two Public Rights of Way • Increased traffic on lane detrimental to highway safety • Visibility poor onto A628. Proposed junction will not meet requirements. • Proposed landscape will look artificial and intrusive. Concern over removal of existing trees. • Excessive paving and construction of two new drives • Impact on biodiversity species and loss of habitats • Impact upon protected species • No phase 1 habitat survey submitted • Impact upon existing limited utilities • The works of new build will undermine the historic character of fall Head Farm.

Assessment

Material Consideration

Principle of development Residential Amenity Visual Amenity Highway Safety Environment Wildlife and Nature Conservation

17 Principle of development - The re-use and adaptation of buildings in the Green Belt to residential use can be acceptable subject to policy GS8A. GS8A requires that redundant buildings within the Green Belt are re-used for agricultural, commercial or for tourism use where possible. However the agent has stated that ‘the farm buildings were constructed to serve nineteenth century agricultural practices and are no longer suitable for use by modern farming. The buildings are small, have limited height, width and external openings, cannot be accessed by modern machinery and do not provide suitable accommodation for livestock when measured against modern animal husbandry standards.’

Due to the limited size of the farm buildings it is considered that they are unlikely to be suitable for modern agricultural purposes. The location of the buildings, long access and close proximity of the Farmhouse would mean that a commercial use is unlikely to be viable. In principle, residential use would be a better way of retaining and enhancing the character and appearance of the buildings than a non residential use. The protection of these historic buildings is an important consideration due to their contribution to the setting of Fall Head Farm and surrounding countryside.

The buildings must be structurally sound and capable of conversion without the need for substantial alteration in order to comply with GS8A. The structural assessment indicates that the barns, coach house and outbuildings are in generally good structural condition and can be converted without the need for re-building. The overall size and scale of the buildings, together with the structural condition mean they are capable of conversion without substantial alterations in compliance with policy GS8A. Whilst the proposals include new extensions and garaging, these are modest and reasonable in the context of removed dilapidated outbuildings of a larger footprint.

Residential Amenity - The tenant of the Farmhouse will undoubtedly be affected, not only by the works but by the increased activity from the new households. However the buildings merit retention and it is unlikely buildings of this design and construction lend themselves to modern agricultural requirements. It would be unreasonable in this instance to frustrate desirable conversion simply to safeguard the status quo.

Visual Amenity - The impact of the proposals upon the visual amenity and openness of the Green Belt must be carefully assessed. GS8A requires that any proposed alteration or extension is architecturally consistent with the existing building and respects its height, shape mass and plan form and existing external materials. The proposed alterations and extensions have been sympathetically designed and consistent with the original character. The proposal is to utilise existing openings and the introduction of a limited number of new openings to ensure that the intrinsic character of the barns remain. The extensions and alterations do not detract from the setting of the existing buildings but enhance that setting and are considered to make a positive architectural contribution.

At present the site appears unkempt and the buildings in need of renovation. The lean to extensions, pole barns and Nissan Hut are highly visible as they are located on the perimeter of the site. The proposals introduce modest extensions and garaging, and these are located within the grouping, or on the site of modern structures that will be removed. Any harm caused by the construction of these extensions must be weighed against removal of the existing unsightly extensions. The extensions and garaging have been sympathetically designed and located and are considered acceptable when measured against Green Belt Policy.

GS8A states that the site curtilage must be limited to an area reasonable to fulfil the functions of the proposed use. The curtilage around the development is sufficient to meet the needs of the proposed dwellings and has been limited to what is considered to be adequate without harming the surrounding Green Belt. It is proposed to further limit the curtilage of units 2 and 3 by the planting of a small orchard which will in turn screen the garden areas, but also enhance the surrounding landscape.

18 Highway Safety - The site is located within 550m of public transport services serving Silkstone, and within 1.5km of Dodworth. Whilst the development is likely to result in the occupiers’ reliance on cars, due to the small scale of the development and with the facilities within walking distance, it is not considered that the application could be refused on sustainability grounds.

The highways section have stated that the proposed works to Fall Head Lane are reasonable and practical. The visibility to the A628 is currently very poor. The alterations to the lane where it meets the A628 will significantly improve visibility for the future users. The diversion of the PROW is minimal and unlikely to cause any adverse impact. The applicant has been informed of the need to apply for a diversion should planning permission be granted.

It is proposed to construct two new private drives to units 1, 2 3 and 4. The agent states that these are historical access points which have been allowed to overgrow with the site being redundant. With this is mind and due to the proposed substantial compensatory planting of heavy standard trees and Hawthorne hedges will screen the access roads from view is considered acceptable.

Environment - There are a number of trees to be removed from the site. These are poor trees or trees that are simply too close to buildings and would need to be removed anyway. The Landscape Section state that the proposed tree removals are not significant and the addition of some new tree planting combined with the apparently sympathetic redevelopment of the site should ensure that the sites character is preserved. These trees are not subject to TPO protection; however the remainder of the trees must remain on site as they contribute significantly to the visual amenity of the area, but also provide natural screening from surrounding areas. A condition should be applied to any approval requiring the retention and protection of these trees.

Fall Head Farm is not situated within a designated flood plain and due to the elevated nature of the site; it is unlikely that it will be subject to flooding. The Environment Agency have no comments in respect of the proposals. A private Biodisk or similar treatment facility is to be installed on site which is acceptable. It is considered that the application is will not have any significant impact upon the environment in terms of flood risk and drainage.

An objection has been raised regarding the impact upon the Green Belt and surrounding landscape by light pollution caused by increased residential use. Due to the small scale of the use it is not considered that significant levels of light pollution will occur.

Wildlife and Nature Conservation - A Bat and Barn Owl Survey has been submitted in support of the application. The survey also looked at other species within the site and concludes that there is evidence of occupation of Barn B by bats and recommends mitigation works prior and during construction.

An objection has been raised with regard to a number of species of birds and other wildlife, in particular the presence of the Tree Sparrow. Whilst the planning process is charged with maintaining, enhancing and restoring biodiversity, the applicant has submitted a survey which identifies that no other protected species were present in the current structures. Moreover, the Wildlife and Countryside Act 1981 (and other European legislation) identifies a statutory protection of wild birds which can be enforced through prosecution and legal proceedings.

Should any protected species be found on the site then the applicant will have to make necessary arrangements and consult Natural England for appropriate licenses. Due to the lack of evidence to support the use of the site by Tree Sparrows, on balance, it is the opinion of the Local Planning Authority that the proposal satisfies the requirements of GS16 in that it will not have a detrimental impact on wildlife. An informative would be attached to any granted permission with regards to protected species.

19 Conclusion

The farm buildings are unlikely to be suitable for modern agricultural purposes, and the location of the site would mean that any other commercial use is unrealistic. The re-use of the buildings for residential purposes will ensure the retention and protection of these for the future. With the removal and replacement of poor quality structures the proposals will not prejudice the openness of the Green Belt. On balance the proposal is considered to be acceptable when measured against National Planning Policy and the Council’s Green Belt Policy GS8A.

Recommendation

Grant subject to:-

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications. Drawing Nos:

P1 Rev D - Site Plan (Received 9 April 2008) P1 Rev C - Access Details (Received 8 January 2008) P2 Rev E - Ground Floor Plans (Received 22 February 2008) P3 Rev D - First Floor Plans (Received 22 February 2008) P4 Rev E - Elevations 1 (Received 22 February 2008) P5 - Unit 5 Plans and Elevations - (Received 30 October 2007) DP1 - Demolition Plan (Received 8 January 2008) B327/S/I - Site Survey (Received 30 October 2007) B327/BS/I - Building Survey (Received 30 October 2007) B327/FP/I - Survey Floor Plans (Received 30 October 2007) Design and Access Statement and Appendices (Received 30 October 2007)

Unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

3 The external materials for the proposed alterations and extensions shall match those used in the existing buildings. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no enlargement, improvement or other alteration of the dwellings which would otherwise be permitted by Part 1 of Schedule 2 to that Order shall be carried out. Reason: To protect the visual amenity of the Green Belt in accordance with Policy GS7.

20

5 No development shall take place until the applicant, their agent, or their successor title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority. Reason: To safeguard any archaeological interest of the site.

6 No development shall take place on barns A and B or any of the trees T1, T2, T5 or T6 until appropriate mitigation for any impact on bats has been agreed by the Local Planning Authority and any necessary licence from Natural England is in place. Reason: To safeguard the protected species in accordance with U.D.P. Policy GS15, Protecting Habitats and Species.

7 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which die within a period of 5 years from the completion of the development, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority give written consent to any variation. Reason: In the interests of the visual amenities of the locality.

8 Prior to the commencement of development the shelter belt woodland proposals set out in drawing P1 Revision D shall be fully implemented and shall be retained for this purpose. Reason: To ensure the planting works are implemented at an early stage.

9 No hedges or trees on the site (except those shown to be removed on the approved plan), or their branches or roots, shall be lopped, topped, felled, or severed. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality and in accordance with UDP Policies GS22, Woodland, Hedgerows and Trees and GS22A.

10 Prior to the commencement of development all trees to be retained shall be protected by the erection of Chestnut pale fencing around their canopy spread. Within the spread there shall be no parking of vehicles or storage of materials and shall remain protected during the course of the development. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality.

11 The Public Right of Way shall remain unobstructed for the duration of the construction of the development Reason: In the interests of highway safety.

12 Prior to the commencement of development the buildings and structures set for demolition shall be removed as detailed on drawing no DP1. Reason: In the interests of visual amenity of the Green Belt in accordance with policy GS9.

13 The parking/manoeuvring facilities indicated on the approved plan shall be provided prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason : In the interests of road safety

21

14 Prior to the commencement of development the site access arrangements, including visibility site lines shall be fully implemented in accord with the details shown in drawing number P1 Rev C. Reason: In the interests of highway safety.

15 All works shall proceed strictly in accordance with the recommendations, including mitigation measures set out in the 'Report of Bat and Barn Owl Survey', prepared by Eric Bennett Consultancy Ltd dated July 2007. Reason: To ensure the works minimise impact on bats, being a protected species.

22

Planning Application Number: 2007/1838 Site Address: Fall Head Farm, Fall Head Lane, Silkstone, Barnsley 1:4000

Development Description: Conversion and extension to redundant agricultural barns to create 5 dwellings with new build garages Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

23 2007/2130 Limes Developments Ltd Erection of Class A1 retail foodstore, access, car parking and boundary treatment works (Outline) Former Market Place, Station Road, Thurnscoe, Rotherham

The Site

This comprises land with an area of approximately 0.5 Hectares situated close to the village centre.

The site fronts Station Road - the main road through Thurnscoe, close to the mini roundabout where Shepherd Lane and Houghton Road meet. The Sheffield –Leeds railway Line defines the east boundary of the site and the entrance to the new Health Centre is directly opposite.

The majority of the site is vacant and used for occasional parking. The part closest to the backs of the Shepherd Lane properties was previously used as an open market. The middle portion was the site of the former Top Spot snooker and bingo hall. Finally the part adjacent the railway line is now occupied by Fabrino Ltd a fencing supplies company.

The immediate area is characterized by a mix of uses. The Shepherd Lane properties that back onto and overlook the site are in mixed commercial/residential use. Terraced housing is opposite and to the rear of the site are bungalows located off Barley View and Wheatfield Drive.

The site is also located within the Dearne Housing Market Renewal Area the thrust of which is to secure improvements in the range and quality of the housing and local environment.

The Application

This is an outline application for the erection of a supermarket. Illustrative plans show a footprint of a building with a gross floor area of 1.254 Sq Metres. This is considerably smaller than the Morrisons, Asda or Tesco [Stairfoot] stores but somewhat larger than those associated with the smaller operators such as Aldi, Netto or Lidl.

The illustrative plans show the removal of all buildings and the erection of a single store with access taken from Station Road. Access involves the construction of a new mini roundabout which will also pick up the Health Centre access. The layout sites the building close to the Station Road frontage with a 51 space car park and a service area that wraps behind the store.

The application is also accompanied by a draft unilateral planning obligation prepared under S106 of the Act. This promises to donate £30.000 to the Council to finance ‘a suitable art project or other environmental improvement works in the vicinity of the site as it sees fit.’ This offer is partially in response to the Housing Market Renewal objectives which seek to secure improvements to the housing stock along with much needed environmental improvements throughout the Station Road/Lidgett Lane corridor. Although no specific proposals have been identified HMR officers are aware of the numerous opportunities that exist.

Background

There are no decisions relevant to the whole of the site. However permission was granted in 2001 for the demolition of the snooker hall and market stalls and redevelopment for offices/flats and 6 retail kiosks. [ref B01/1348/DE]

24 Development Plan and Policy Context

National Policy in respect of achieving sustainable development is set out in PPS 1. This states that planning should ‘facilitate and promote sustainable and inclusive patterns of urban and rural development’ by a number of means including, ensuring high quality development through good and inclusive design and the efficient use of resources.’

In addition to encouraging sustainable development PPS1 also seeks to press the case for good design. ‘Good design is indivisible from good planning. Good Design ensures attractive, useable, durable and adaptable places and is a key element in achieving sustainable development’. Furthermore planning authorities should plan positively for the achievement of high quality and inclusive design for all developments including individual buildings, public and private spaces and wider area development schemes.’

The UDP shows the site within a Principal Shopping/Commercial Area. This designation also applies to the Houghton Road shopping area. The relevant planning policy, S1, states that new retail development will only be permitted within the central shopping area of Barnsley Town Centre and ‘in the principal shopping and commercial centres….where suitable sites or buildings suitable for conversion are available for such purposes.’ The policy also states that within these locations proposals for new retail development will be assessed on their merits having particular regard to their relationship and compatibility with existing retail uses. New retail developments which extend and enhance the range of goods and the provision of amenities and facilities available to the public within the defined centres will be particularly encouraged.

Representations

None received. Telephone conversations with residents of Barley View to the rear indicate no objection to the proposal but a wish to see secure boundary treatment provided as part of the development. A condition is recommended to this effect.

Consultations

Highways and Engineering. Expressed concerns at the original proposals which included a direct access from Station Road and a store positioned to the rear of the site up against the boundaries with the Barley View properties. It was considered this would conflict with the Health Centre and the Shepherd lane roundabout. Following advice from H and E this has been superseded by a new two spur roundabout shared with the Heath Centre.

Yorkshire Water Services. No objections subject to conditions.

South Yorkshire Passenger Transport Executive. No objections but the SYPTE have noted the proximity to the Thurnscoe Railway Station and in the interests of sustainability have requested that a percentage of the parking spaces provided [they suggest 25%] be set aside for rail users.

Regulatory Services. No objections but request safeguarding conditions to protect nearby residents from sources of potential noise.

Assessment

Material Considerations

Principle. Means of Access to the site. Design The Unilateral Undertaking.

25

Principle - The site is located within the defined Shopping and Commercial Area. Policy S1 seeks to extend and enhance the range of goods, consumer choice and facilities within designated shopping and commercial areas and the proposal is therefore in accord with this policy. In this instance the site has a much closer relationship to Thurnscoe East than the Houghton Road shops and as a consequence a small supermarket will serve to consolidate and enhance the small group of shops and other facilities around the Shepherd Lane junction. The proposals will also help to compensate for Lidgett Lane shops lost due to the general economic decline in the area. The size of the supermarket means it is likely to meet needs of residents rather than be a destination for shoppers in the same way as, say Asda at Barnsley or Tesco at Stairfoot. The site is very convenient to a local population and has the additional advantage of being accessible to public transport. Government advice encourages new stores to be located within town centres in preference to out of town or edge of settlement locations. The proposal is therefore in accord with local and national policy.

Adequacy of Parking and means of Access to the Site. The position and design of the proposed new roundabout will assist in reducing vehicle speeds in the vicinity of the Health Centre and the Shepherd Lane Junction. It also means that an existing service access behind the Shepherd Lane premised can be provided with a much improved junction when compared to the current arrangements. The Head of Transportation is therefore satisfied with the access arrangements proposed.

The size of the site means there is capacity for about 50 parking spaces together with a segregated service yard. This supermarket is likely to appeal to one of the smaller operators which target local custom. The number of parking spaces available is likely to be sufficient to satisfy demand. It was the potential of surplus spaces that prompted the SYPTE to request spaces be made available for users of the adjacent Station. Whilst this may be possible as an informal arrangement the means of access and the constraints this places on the parking layout means that a formalized park and ride facility is not feasible. There is in addition no apparent demand at present although this could well change. Should a demand evolve then a future may be willing to permit station parking provided it was not prejudicial to the needs of the store.

Design - This is an outline application with no details submitted as to the store’s design. In visual terms this is an important site with a prominent main road frontage and within an area where the HMR initiatives are seeking to achieve environmental improvements. Unfortunately many small supermarkets are characterized by standard brick designs of plain appearance. In this prominent location this would be a wasted opportunity and negate the wider design agenda.. To reassure the applicant has submitted schematic drawings showing a light weight glazed structure that would be seen as a piece of freestanding quality architecture. Whilst this design is simply illustrative design at this stage it does enable an informative to be attached to the permission making clear to any purchaser the Council’s expectations for a quality design.

The Unilateral Undertaking - Legal agreements are a useful tool used to secure planning benefits or to overcome objections where the use of conventional planning conditions would be inappropriate. However it is always necessary to exercise caution as the offer of an undertaking should never be used as an inducement to obtain planning permission in circumstances where the application would normally be refused. Here the proposal is in accord with policy and there are no other grounds to refuse permission The developer is sympathetic to the aspirations of the HMR Programme and has offered the £30,000 to finance a piece of public art or other environmental improvements in the locality. This will no doubt enhance the locality and benefit the store. This is a generous offer that the Council could accept as a community benefit..

26 Conclusion

The scheme offers the potential for a new quality development that makes a significant improvement to the appearance of this prominent and underused site. The scheme will also provide for significantly expanded retail facilities that are well located and convenient to the needs of Thurnscoe East.

Recommendation

Grant subject to:-

1 Application for approval of the matters reserved in Condition No. 2 shall be made to the Local Planning Authority before the expiration of three years from the date of this permission, and the development, hereby permitted, shall be begun before the expiration of three years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: In order to comply with the provision of Section 92 of the Town and Country Planning Act 1990.

2 The development hereby permitted shall not be commenced unless and until approval of the following reserved matters has been obtained in writing from the Local Planning Authority:-

(a) the layout of the proposed development.

(b) scale of building(s)

(c) the design and external appearance of the proposed development.

(e) landscaping Reason: In order to allow the Local Planning Authority to assess the details of the reserved matters with regard to the development plan and other material considerations.

3 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications received on 9/5/08 (Drawing No. J/9001-10000 /9475-100), unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

4 Detailed plans submitted pursuant to this permission shall make provision for a customer toilet. The toilet shall be completed as part of the development. Reason: To provide a facility of benefit to the wider community.

5 Plans submitted pursuant to this permission shall make provision for the construction of a substantial brick wall along the full extent of the southern boundary of the site (shared with the residential properties off Barley View and Wheatfield Drive). Reason: To ensure the security of the properties and to minimise impacts arising from parking and servicing.

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6 Development shall not commence until arrangements have been entered into, to secure the highway works needed to mitigate the effect of the development. Such works shall be completed prior to the development being brought into use. Such works will comprise: a) the installation of a mini roundabout complete with all associated islands, linings, signing, drainage, lighting, kerbing and footway works required. b) alteration of the Shepherd Lane back road to connect it to the proposed access road and downgrade the remaining length to a footway. c) any Traffic Regulation Orders necessary in connection with the alterations to the Shepherd Lane back road and any necessary measures to prevent parking on the highway. d) any necessary alteration or downgrading of the existing pelican crossing facility on Station Road. e) all carriageway and footway resurfacing to complete the works. Reason: To ensure a satisfactory means of access is available to serve the development.

7 The site shall be developed with separate systems of drainage for foul and surface water. Reason: In the interests of satisfactory drainage.

8 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority before development commences. Reason: To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system, which will prevent overloading.

9 No development shall take place until details of the foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the proper drainage of the area.

10 Plans submitted to this permission shall include details of any air handling plant, vents and flues together with a schedule of measures to ensure the equipment does not give rise to nuisance. Thereafter the equipment shall be installed in accord with such measures. Reason: To safeguard amenities of residents.

28 Surgery

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ST ATIO N R OAD

Market Place

15

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Planning Application Number: 2007/2130 Site Address: Former Market Place, Station Road, Thurnscoe, 1:811 Rotherham Development Description: Erection of Class A1 retail foodstore, access ,car parking and boundary treatment works (Outline) Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

29

2007/2153 Mr Robert Nicholson Conversion and extension to redundant agricultural building to create Earth Sheltered Dwelling Mill Farm, Off New Road/Carr Lane, Gunthwaite, Barnsley, South Yorkshire

Gunthwaite and Ingbirchworth Parish Council support the application No objections have been received

Background

05/0024 , 05/0025 (Listed Building Consent) – Conversion of mill and farm buildings into 7 holiday cottages – Approved with conditions

Description

The building is situated within a small isolated group of buildings, including a Listed Mill currently being converted into residential/holiday lets. These works are to an exceptionally high standard. The cart shed and stables which are the subject of this application are the only part of this small group yet to be developed.

The proposal relates to the conversion of two disused buildings – a cart shed and a small stable building. The cart shed is an open sided structure and the stables a long low structure, which gained planning permission in 2005 for conversion into a one bedroom residential/holiday unit. Both buildings are situated adjacent to a steep hillside, which results in the buildings only being visible from within the site.

The site is located within the open countryside and Green Belt and is accessed by a track which is currently being improved with traditional dry stone walls surrounding. A well used public right of way runs adjacent to the site.

Proposed Development

It is proposed to part demolish, convert and extend the buildings to form an earth sheltered dwelling, with much of the accommodation being set within the hillside and behind.

The dwelling has been designed with two bedrooms and ensuites, bathroom lounge, kitchen, and second lounge/study area. There is a small garden area proposed to the east of the dwelling.

The frontage is to be a traditional design in keeping with the adjacent mill, and to consist of natural coursed stone, Green Oak post and boarding, glazing, stone plinths, heads and cills, and a blue slate roof. Behind the traditional frontage would be the back of the dwelling set within the hillside with a sedum roof at a lower level, and a further sedum roof which gradually merges into the established vegetation (brambles, ferns etc) of the higher ground behind.

The building is designed to provide a minimal impact upon the surrounding countryside, but also highly insulated and included several energy saving and other ‘green’ features.

Policy Context

Unitary Development Plan – Green Belt

GS7 – Development within the Green Belt will not be permitted unless it maintains the openness, and does not conflict with the purposes of including land in, the Green Belt.

30

GS8A - in the green belt, the change of use, alteration and extension of an existing building will be permitted provided that, a) The building as altered and extended or used will not have a materially greater impact than the present use on the openness of the green belt b) Will not adversely affect the amenity of local residents or the appearance of the locality, nor lead to traffic or safety problems c) The building proposed for conversion is structurally sound and capable of conversion without the need for substantial alterations d) The development will not result in the loss of an essential component of an agricultural holding and is compatible with the viability of continuing agricultural activity e) Any proposed alteration or extension is architecturally consistent with the existing building and respects its height, shape mass and plan form, the existing external materials, and its overall setting f) The site curtilage must be limited to an area reasonable to fulfil the functions of the proposed use and will not in its appearance or use adversely affect the amenity of local residents or the appearance of the locality

GS9 – development within the green belt, or conspicuous from it, should not by reason of its siting, materials or design result in significant harm to the visual amenity of the green belt.

BE6 – Indicates that development that is of an appropriate layout, scale and materials is normally considered acceptable.

Consultations

Gunthwaite and Ingbirchworth Parish Council – Support the proposals Highways DC – No objection

Representations

None

Assessment

Material Consideration

Principle of development Visual Amenity

Principle of development - The principle for residential development of the stable has been established with the previous approval in 2005 for the change of use of the stable building into a dwelling. That permission proposed that the stable be converted into a small one bedroom unit.

By simply converting the stables the proposal complies with policy but the long thin dimensions of the building achieves an unsatisfactory layout and fails to exploit the opportunities provided by the site. What is proposed is for the frontage to be effectively re-built and for the accommodation to be extended into the embankment behind in a series of two tiers at different levels. The embankment would then be re-graded over the upper tier whereas the lower tier – fronting the footpath, would retain the form and appearance of the existing stables. This is a highly imaginative solution that does not accord with policy. However the innovative design, the much improved internal accommodation and the very benign impact justifies a relaxation of normal policy.

31 Visual Amenity - The design has been specially developed to respond to this unique and sensitive site. The design has a sympathetic traditional frontage consistent with the character of the remainder of this group of buildings and space around the buildings is sufficient to meet the needs of the dwelling. This space is also discreetly located and unlikely to harm the surrounding Green Belt. As most of the floorspace is to be hidden within the hillside, with a mixture of sedum and other planting, there will be a limited impact upon the visual amenity of the Green Belt.

Conclusion

The design is extremely well conceived and deserves to be supported as an innovative and imaginative piece of architecture capable of raising the architectural bar. This is not the first occasion where an innovative piece of architecture has been used to justify an exception of normal Green Belt Policy. Indeed Members may recall visiting separate sites at Maythorn following which planning permission was granted for earth sheltered dwellings of exceptional design. In both cases the outstanding quality of the design coupled with the relatively benign impact were felt sufficient to justify an exception to normal Green Belt Policy, this proposal is also in conflict with the Council’s Conversion Policy, but again the quality of design, the higher standard of accommodation resulting and the very low impact merit planning permission.

Recommendation

Grant subject to:-

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications received on 12 May 2008 Drawings No: H078/500 - Location Plans H078/501 - Existing Site Plan H078/502 - Existing and Proposed H078/503 - Proposed Site Plan H078/504 - Proposed Roof Plan H078/505 - Proposed Floor Plan H078/506 - Proposed Elevations H078/507 - Proposed Section R/945/1 - Landscape Concept Design and Access Statement dated 9th May 2008.

Unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

3 No development shall take place until full details of the proposed external materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

32

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no enlargement, improvement or other alteration of the dwelling which would otherwise be permitted by Part 1of Schedule 2 to that Order shall be carried out. Reason: To protect the openness of the Green Belt.

5 Prior to the occupation of the dwelling the ground levels shall be re-graded so as to coincide with the levels indicated in the cross sections (H078/506). In addition the landscape concept plans (R/945/1) shall be fully implemented to the satisfaction of the Local Planning Authority. Reason: To ensure the building integrates into the landscape.

33

Mill Spring

FB

Mill Farm

liff Dike Rons C

Planning Application Number: 2007/2153 Site Address: Mill Farm, Off New Road/Carr Lane, Gunthwaite, 1:1250 Barnsley, South Yorkshire Development Description: Conversion and extension to redundant agricultural building to create Earth Sheltered Dwelling Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

34

2008/0175 Mr E Danforth Use of land as a composting facility including construction of lagoon and weighbridge. Farm off Bagger Wood Hill, Hood Green, Barnsley.

Objection from Michael Clapham MP Objections from Stainborough, Thurgoland and Silkstone Parish Councils. 575 representations of objection 25 letters of support Objections from Councillor John Wilson and Councillor Robert Barnard.

Background

This application represents the third proposal for a green waste composting facility on the site of the former colliery, north of Hood Green village. The first application was received in January 2007 (reference 2007/0173) but was withdrawn.

A second application was received (reference 2007/0986). The application involved the same process, albeit within a different location within the former colliery site. The proposal generated significant local interest and was subsequently refused by Members at Planning Regulatory Board following a site visit for the following reason:

“The proposed development introduces additional movements of Heavy Goods Vehicles to a rural area and is contrary to the provisions of policies T2 and WD4 of the Barnsley Unitary Development Plan, as the rural road network is considered inadequate to accommodate such vehicles and the generated traffic will have a detrimental impact on road safety and amenity”.

Members are advised that whilst the current application involves a slightly larger site area, and that further supporting information has been submitted in respect of a transport assessment designed to address the previous reason for refusal, the proposed operations and access arrangements are fundamentally the same as the previous submission (reference 2007/0986).

Site Location

The site lies approximately 310m to the north of Hood Green village on the site of a former colliery, which generally comprises of fields, woodland and farm/colliery access tracks. Hood Green lies on the top of a slope which falls steeply away from the village towards to the site. A number of dwellings lie on the periphery of the village and at the summit of the slope, generally overlooking the former colliery site. Vehicular access is taken from Bagger Wood Hill along the former colliery track which runs approximately 400m from west to east. The proposed composting area lies adjacent to the access track, behind a small copse of trees and screened on all sides by woodland.

35 Further to the east of the site lies a former colliery spoil heap, naturally regenerated with an assortment of flora and fauna, adjacent to Lowe Wood. A number of Public Rights Of Way criss- cross the land linking the Trans Pennine Trail with Hood Green. The villages of Thurgoland and Silkstone Common are within 3km of the site.

The Proposal

The application is for a facility to compost green organic garden waste in an open windrow facility. Windrows are piles of green waste material that are stock-piled and in time break down naturally to form compost. The two most common types of composting operation are ‘windrow’ and ‘in-vessel’. In-vessel composting refers to a group of composting systems, which range from enclosed halls to tunnels and containers; the process is often on a large scale and can include food waste. Windrow facilities vary in size and are not usually suitable for the inclusion of food waste. This proposal is for a windrow facility which does not require a full waste management license from the Environment Agency, but rather requires an exemption certificate. Under this exemption the site would have the capacity to process 1000 cubic metres at any one time. The applicant proposes the processing of 4500 tonnes annually. It is proposed to accept green waste from Local Authority collections only.

The applicant considers the site to be an ideal location to serve the western half of the Borough. It is anticipated that the proposal would generate a maximum of 5 deliveries per day.

It is proposed to access the site off Bagger Wood Hill, along an existing access track. The track historically served the colliery site and runs from the highway west to east, interlinked by a number of other tracks. Vehicles would travel in a north easterly direction, along the track, depositing green waste in piles in an area designated for deliveries. This area comprises an existing concrete pad. The material would then be shredded by a tractor driven mulcher/spreader before being discharged onto another concrete base. Material would be stored not more than 3.5m in height, 35m in length and 5m in width. The material would be transferred along the concrete base and periodically rotated using a JCB type machine. On completion of the maturation process, the product would then be removed and applied to the suitable land as a soil improver by means of a tractor and trailer.

The applicant has significant tracts of land comprising 66 hectares owned, and a further 70 hectares tenanted. Of this, the applicant has put forward an area of more than 10 hectares suitable for the spreading of the compost material. An area of land lies close to Hood Green village, comprising over 8 hectares of land. A further allocation of land within the holding lies to the north of the Trans Pennine Trail (TPT). This area generally comprises a traditional farmland setting of open pastureland, subdivided by stone walls. Farm gates are between the two portions of land and lie directly opposite on either side of the Trans Pennine Trail.

36 Some of the material would be deposited on the land adjacent to Bagger Wood Hill in Hood Green. The Environment Agency state that approximately 250 tonnes of material per hectare could be spread on this land in order to comply with a separate exemption license for spreading of composted material. Should the material be composted to a high standard then there would be no control on the amount of material spread on this land, as it would no longer be classed as a waste product. The remainder of the material would be transported by tractor and trailer, across the Trans Pennine Trail for deposition on the remaining land within the farm holding. This land is currently farmed on a regular basis.

A separate weighbridge is proposed adjacent to the farm access track. The weighbridge utilises an existing concrete pad which was originally used as a weighbridge when the site operated as a colliery. The weighbridge would be used to weigh green waste material which would otherwise need to be weighed at another facility in the Borough. A large skip and two bins are proposed to store any material which may be ‘contaminated’. The concrete pad would have a drainage system so that water can drain into a separate lagoon area. The lagoon would periodically be emptied and water transported to an appropriate disposal facility.

Planning Policy Context

Planning Policy Statement 10 (Planning for Sustainable Waste Management) – The key principle involves moving waste up the waste hierarchy of reduction, re-use, recycling/composting, waste to energy and depositing waste only as a last resort. The overall objective is to protect human health and the environment by producing less waste and using it as a resource wherever possible.

In considering planning applications, waste planning authorities should consider the likely impact on the local environment and on amenity.

Planning Policy Guidance 2 (Green Belt) - Planning Policy Guidance 2 which gives guidance on Green Belt issues is of relevance. This is reflected in Policies GS7 and GS9 of the Barnsley Unitary Development Plan

Planning Policy Statement 7 (Sustainable Development in Rural Areas) – Recognises that farm diversification into non-agricultural activities is vital to the continuing viability of many farm enterprises. In particular, proposals which adhere to the thrust of Sustainable Development objectives should be supported. The policy also informs that regard should be given to the amenity of residents or businesses that may be affected.

Waste Strategy for England 2007 - The strategy builds on the Waste Strategy 2000 and reiterates the need to apply the waste hierarchy. Most products should be re-used or their materials recycled and encouragement is given to the waste management industry to invest in facilities to recycle and recover waste.

37 The key objectives are stated as:

• More emphasis on waste prevention and re-use • Meet and exceed the Landfill Directive diversion targets for biodegradable municipal waste • Increase diversion from landfill of non-municipal waste • Secure the investment in infrastructure needed to divert waste from landfill and • Increased recycling of resources and recovery of energy.

Regional Spatial Strategy (adopted May 2008) - Policy YH2 promotes effective waste management, and in delivering the core approach, the plan highlights the need to develop waste recycling centres during the period 2004-2011.

Policy ENV12 states that the Region will reduce, reuse and recycle as much waste as possible in order to divert material away from landfill. Local Planning Authorities should support the urgent provision of a combination of facilities and initiatives which should include the aim of moving waste up the waste hierarchy in order to achieve waste management performance targets.

Barnsley Municipal Waste Management Strategy (2007) - The Barnsley Municipal Waste Management Strategy (2007) guided by National Government Policy, sets out the statutory recycling/composting targets for the Borough:

• 20% by 2007/2008 • 30% by 2010/2011

The Strategy also sets out an aim to reduce the amount of waste being diverted to landfill by almost 40% by 2009/10, progressively increasing until 2020.

Barnsley Unitary Development Plan (adopted 2000) - The site is allocated as Green Belt and a within a Nature Conservation Site in the adopted Barnsley Unitary Development Plan.

The Local Development Framework is an emerging document which has limited weight as a material consideration in determining planning applications.

Policy ES1 – The Council will refuse proposals which give rise to excessive levels of pollution and result in significant harm to the Environment.

Policy ED13 – Development which leads to the diversification of the rural economy will be supported, subject to Green Belt policies and the impact on residential and visual amenity, highway safety, agricultural and nature conservation interests.

38 Policy GS7 - Requires development within the Green Belt to maintain openness and not to conflict with the purpose of including land within the Green Belt.

Policy GS9 - Development within the Green Belt should not by reason of its siting, materials or design result in significant harm to the visual amenity of the Green Belt.

Policy GS15 – The Council will seek to safeguard important habitats and species from any activities which would cause disturbance, pollution or other damage. All development proposals should, where appropriate, include measures to conserve and enhance existing features of nature conservation interest and to create new nature conservation areas.

Policy GS16 – Development likely to have an impact upon any habitat or species protected by law will not be permitted unless other material considerations outweigh any impact upon the site

Policy GS18 – Any development which may adversely affect, directly or indirectly, a natural heritage site or nature conservation site, will not be approved unless it can be clearly demonstrated that there is a case for development which outweighs the case for safeguarding the conservation interest of the site after available measures to avoid, mitigate or compensate for any adverse affects have been taken into account. In which case the Council will seek to minimise the adverse impact and/or secure compensatory provision including, where appropriate, through planning conditions or obligations.

Policy GS18A – where the Council considers development may have an adverse effect on nature conservation interests; it may require an evaluation of the impact upon the site.

Policy WD2 – the Council will seek to achieve the maximum amount of re-use and recycling of potential waste materials.

Policy WD3 – assess the environmental acceptability of waste facilities with regard to visual impact, dust, fumes, noise and other potential disturbance, taking into account screening and other protective measures which are available.

Policy WD4 – transportation criteria which will be taken into account with respect to waste disposal will include the effect which traffic generated by the proposed waste disposal will have on road safety, property, and the amenities of the people living in the vicinity of the development, or along the transportation routes likely to be used, and the degree to which alternative transport modes can be used to minimise traffic disturbance.

39 Policy T2 – development will only be allowed if the additional demand for travel generated can be accommodated on the highway network without significant detriment to the environment or the safety and ease of movement of vehicles and pedestrians using the network.

Representations

The application was advertised on site and in the local press. Neighbour letters were sent to 93 households within the village of Hood Green.

The applicant requested that the supporting letters relating to the previous planning application are considered. A total of 25 supporting letters were received.

Most letters of support did not state any reasons for supporting the application other than:

• Barnsley Council will have to divert an extra 48000 tonnes of biodegradable waste from landfill per annum. This proposal reduces the need to send waste to landfill. • The site has previously been used as a farm involving regular vehicle movements.

The application has received a total of 575 objections.

Of these objections, a majority were on a number of different pro-forma type letters and a small petition with 12 signatures was also submitted.

The objections are geographically varied. Whilst a large proportion of representations derive from Hood Green village, objections have also been received from Dodworth, Gilroyd, Worsborough, Penistone, Stainborough, Wortley, Great Houghton, Ardsley and Thurlstone. A few objections have been received from areas within Sheffield, and one objection was received from Cumbria. A brief précis of objections to the proposal includes:

• Impact on the surrounding highways network • Is a departure from Green Belt and Nature Conservation policies within the UDP • Odours from the site • Risk to human health. In particular, with regards to bio-aerosols and aspergillus • Impact on the Public Rights Of Way network and the Trans-Pennine Trail • Pollution of the local watercourses • Impact upon protected animal and plant species • Impact upon nature conservation site • Potential for food waste to be introduced in the future • Impact of spreading material in a nature conservation and natural heritage site • Potential for litter

40 • Potential for noise arising from the operations

A representation was received from Penistone Group Practice (medical practice) as a result of concerns from local patients. The representation asked for reassurance that the opinion of professional bodies such as the Health Protection Agency had been taken into account.

A representation was received from Silkstone Common Junior and Infant School citing the unsuitability of the road network to accept Heavy Goods Vehicles.

Michael Clapham MP has raised objections to the proposal on matters including:

- The unsuitability of the surrounding road network - The significant health impact of bio-aerosols from composting sites.

The MP highlights a recent letter received from Joan Ruddock MP (Parliamentary Under-Secretary of State – Climate Change, Biodiversity and Waste) regarding bio-aerosols. The letter states that “…the way bio-aerosol risk assessments are dealt with is being improved and streamlined and guidance for applicants is being produced, which should be available later this year.” Michael Clapham MP suggests that it might be prudent to withhold a decision on the planning application until such a time that sufficient evidence is available.

Consultations

Silkstone Parish Council – Objects to the proposal due to the increase in traffic movements and the impact this would have on the country roads. They also consider the extra traffic would impact on the safety of children in the village walking to the primary school.

Stainborough Parish Council – Raise detailed objections to the proposal with reasons including:- Impact on highways Risk to wildlife and nature conservation interests Pollution of the surrounding environment Noise Inappropriate development in the Green Belt

Thurgoland Parish Council – Objects to the proposal as they consider the increased number of HGV’s travelling to and from the site through Thurgoland will have a detrimental impact on the road infrastructure.

Campaign to Protect Rural England – Objects to the proposal as they consider that other sites in the Borough would be more appropriate. They also consider the proposed development would be detrimental to the ecology of the site.

41 Drainage – No objections subject to the imposition of appropriate conditions.

Environment Agency – No objections subject to the addition of planning conditions to any granted permission.

Highways and Engineering – Raise no objections to the proposed development. They requested that site lines of 2.4m x 90m should be achievable at the site entrance. Following the submission of a site survey by the applicant, further comments from Highways are pending. A verbal response on this and other matters can be made at Planning Regulatory Board.

Natural England – Raise no objections. Note that the proposal involves processing waste material in a Natural Heritage and Nature Conservation Site. Whilst no objection has been received, Natural England commented that particular attention should be paid to policy GS18 and that the Council should satisfy themselves that there are material considerations relevant to outweigh this policy.

They also confirm they are satisfied with the wildlife survey and that no composted material will spread in the Nature Conservation or Natural Heritage site.

Confirm that they wish to see a condition attached to any permission relating to management of the surrounding area.

Policy – Raise concerns with regards to the proposal in respect of Policy GS18. Question whether there are any conditions which will ensure that measures to avoid, mitigate or compensate for any adverse affects proposed on the conservation area.

Public Rights of Way and Trans Pennine Trail – No objections

Regulatory Services – No objections subject to the imposition of appropriate conditions.

South Yorkshire Mining Advisory Service - Confirm there are a number of mine shafts in the area which the applicant would need to adequately and appropriately deal with if planning permission was granted.

Woodland Trust – Comment that the application site falls adjacent to Lowe Wood which is identified of ancient origin by Natural England. Also comment that the application does not demonstrate fully how noise, dust, litter, vermin and lechate will be controlled. If these aspects are not controlled then the proposed development will be contrary to policies GS15, GS16 and GS18 of the UDP.

Yorkshire Water – No objections

42 Councillor John Wilson and Councillor Robert Barnard have objected to the proposal. Their concerns were similar to those raised by Stainborough Parish Council. In addition Councillor Robert Barnard raises concerns with regards to drainage.

Assessment

Material Consideration

Principle of development Green Belt Highways Environment Wildlife and Nature Conservation

Principle of development – Composting is a developing and expanding form of waste recycling and the principle is supported both through National and Local Government Policy documents. PPS10 (Sustainable Waste Management) provides a hierarchy of waste within which composting is classified as a waste recovery operation and aligned with recycling as an alternative to landfill waste disposal. Similar support is also highlighted in the Waste Strategy for England (2007) and the Regional Spatial Strategy which states, inter-alia:

“Priority should be given to initiatives and facilities which will encourage and promote waste reduction and the reuse of materials and products”.

Clearly there is a need for proposals on both small and large scale which divert waste away from landfill through the segregation of different waste streams, whilst adhering to the principles of PPS10. Green waste is just one waste stream but is a key component of sustainable waste management solutions.

Regionally, policy ENV12 states that there is a requirement to reduce, reuse and recycle as much waste as possible in order to divert material away from landfill. The policy states, inter alia, that Local Authorities should support the urgent provision of a combination of facilities and other waste management initiatives which best meets environmental, social and economic needs for their areas based on the following principles:

1. Moving the management of all waste streams up the waste hierarchy 2. Achieving all statutory waste management performance targets during the Plan period 3. Managing waste at the nearest appropriate location, where necessary by seeking agreement with neighbouring authorities

43 As identified in the RSS, Local Authorities have been charged with diverting waste away from landfill sites in order to achieve targets set regionally, and applied locally to each Authority. The Barnsley Municipal Waste Management Strategy (2007), guided by National Government Policy and European Directives, sets out the statutory recycling/composting targets for the Borough:

• 20% by 2007/2008 • 30% by 2010/2011

The Waste Strategy for England provides even more stringent targets, namely 40% recycling/composting of household waste by 2010 and 50% by 2020.

Green waste collections are currently diverted to other facilities outside the Borough. This proposal offers scope to divert a proportion of collected waste, and this would likely constitute collections from the western half of the Borough. A recently granted permission for green waste processing at Low Barugh (reference 2007/0904) provides capacity for more than 5000 tonnes. Clearly, having sites within the Borough and especially on the ‘east’ and ‘west’ reduces transportation and provides a site within close proximity of the source of material. It should also be noted that this proposal falls within the exemption criteria of the Environment Agency’s requirements. An exemption license requires:

• Composting is to be undertaken where the compost is to be used (or at a place under the control or occupancy of the operator). • The total quantity of waste being composted at any time amounting to be no more than 1,000 cubic metres. • Shredding activity being limited to no more than 1,000 tonnes of material in any 7-day period.

Compliance with an exemption license would be assessed by the Environment Agency on an annual basis and reiterated through the application of planning conditions upon any planning permission. The applicant has stated that no more than 4500 tonnes per annum would be processed on site.

A number of objections relate to the need for such a facility, considering that kitchen waste is likely to be introduced to green bin collections in the near future (Barnsley Municipal Waste Strategy indicates it is likely to occur from 2009). This is a valid consideration and one worthy of further exploration. It is abundantly clear that, should the Council add kitchen food waste to collections, this cannot be safely accommodated in the ‘windrow’ process. After consultation with the Barnsley Waste Management Service, it is considered that there will still be a need for the facility through the continued processing of green waste by Household Waste Recycling Centres which could be delivered to this site (of which there are 4). Moreover, the Barnsley Municipal Waste Management

44 Strategy (2007) identified that 3649 tonnes of green waste was processed in 2005/2006 from Household Waste Recycling Centres.

They also commented “as we have not yet commenced the procurement for this facility, this may not actually be realised until 2010/2011”. This indicates a pressing need for at least the next 2 years, after which it is likely the windrow process will not be suitable for green waste bin collections, but could be utilised by Household Waste Recycling Centres. It should also be noted the procurement process carried out by Waste Management Services will identify the suitability of the site for Council use. Should the procurement process deem the site unsuitable, then any granted permission would not allow ad-hoc deliveries from private contractor vehicles, nor would it be suitable for the processing of kitchen waste.

Although composting operations are not singled out in the UDP, there are a number of other policies which are relevant. Policy WD2 states that the Council will aim to achieve the maximum re-use and recycling of waste materials. WD3 also supports the principles of recycling providing that there is not unavoidable damage to the environment. The policy also considers the effect on local amenity based on an assessment of visual impact, dust, fumes, noise and other potential disturbance. These issues are addressed in other sections of this report.

Policy WD3A states that the deposit of waste materials will not normally be acceptable in areas of nature conservation. It is noted that this policy is particularly relevant in respect of landfill sites. Moreover, it is proposed to process the material and finally deposit on areas outside the nature conservation site and, as a result, it is considered that such an operation may be considered acceptable in this instance.

Concerns raised that granting planning permission for this proposal would allow other industrial type uses to follow is not necessarily the case, since such uses would similarly need to be the subject of separate planning applications to be judged on their own merits.

A number of objections have also questioned the rural location of the proposal. It is considered that there is opportunity provided by suitable farmland to spread the compost within the vicinity of the composting site, thus resulting in a sustainable end-use for the composted material. Overall, this would result in a reduction in the number of associated traffic movements and is considered to be a generally sustainable waste management operation. Additionally, it is considered that the proposal leads to the diversification of the rural economy. Support for farm diversification activities is provided through National Planning Guidance - PPS7 (Sustainable Development of the Rural Economy) and Policy ED13 of the Barnsley Unitary Development Plan. The proposal adheres to Policy ED13 in that the development has the potential to improve the quality of the agricultural land. It must be noted that the credence of this policy is also dependent upon highway safety, residential amenity, Green Belt and Nature Conservation issues (addressed in other sections of this report).

45 A Public Right Of Way (PROW) crosses the entrance to the site and would be intersected by the movement of HGV’s into and out of the site. A PROW is also located in the north west corner of the site. This forms part of the dismantled railway and would occasionally be subject to tractor movements if any composted material was to be spread on the northern side of the TPT. It has been established that the landowner has right of access across the TPT and due to the low level use of this access, no objections were raised by the TPT officer or the PROW officer. Moreover, the applicant does not intend to traverse the TPT, rather use the existing access gates on either side of the trail to cross. There are farm gates along the length of the TPT at varying intervals, and it is acknowledged that the Council facilitated access rights across the TPT at the development stage.

The proposal operating at maximum capacity would lead to 2250 tonnes of final ‘compost’ material. In practice, 80% of the material could be spread on land without crossing the Trans Pennine Trail (in order to accord with the Environment Agency waste management exemption criteria on spreading).

Green Belt - National planning guidance in PPG2 does not preclude, in principle, the proposed development from being undertaken in the Green Belt. The guidance requires that the fundamental matters for evaluation are whether the proposals maintain openness, conflict with the purposes of including land in the Green Belt and whether any visual harm would result. Policy GS7 of the Barnsley Unitary Development Plan reflects national policy. As the proposal only involves storing material on a concrete base at a maximum height of 3.5m (this will be a maximum height and will reduce as the compost matures), it is considered that the development will not harm the openness of the Green Belt. PPG2 also requires the consideration of harm to the visual amenity of the Green Belt. This is reflected in Policy GS9 of the UDP in that the development will not result in significant harm to the visual amenity of the Green Belt.

It is considered that the proposal, whilst located in the Green Belt, is in an area that is particularly well screened. It is accepted that vehicles entering and leaving the site will be visible along the eastern extent of the access track. However, the composting site where operations would take place is well screened by woodland. Directly to the south of the site, acting as a buffer between the site and Hood Green, is a small copse of mainly deciduous trees. In order to sure up this buffer, the applicant proposes supplying further landscaping details to ensure that the site is not visible from any point in the Borough.

National policy guidance contained in PPS10 (Sustainable Waste Management) highlights that Green Belts should be protected but “recognises the particular locational needs of some types of waste management facilities when defining detailed green belt boundaries and, in determining planning applications, that these locational needs, together with the wider environmental and economic benefits of sustainable waste management, are material considerations that should be given significant weight in determining whether proposals should be given planning permission”.

46 The proposal also includes a weighbridge, but the small scale nature of the development and the fact that the whole site is screened by extensive areas of woodland means that it is not considered this will cause harm to the openness of the Green Belt. As the proposal has been advertised as a departure this warrants the need to demonstrate very special circumstances in order to depart from relevant Green Belt policies. In this case, the need for such a facility in the Borough has been demonstrated in the ‘Principle of Development’ section of this report. There is currently only one permitted site specifically for the composting of green waste and waste has to be transferred to other sites within South Yorkshire. The current arrangement compromises the purposes of PPS10 which highlights the need for sustainable waste management. Where appropriate, waste should be deposited as close to the source as possible to shorten the links between the source and final deposit. Moreover, PPS10 also provides justification for composting as an alternative to landfill thus increasing the recycling of materials wherever possible. Movement up the waste hierarchy is therefore a significant material consideration and, combined with the already identified need; it is considered that this warrants departure from Green Belt policy.

Highways - A majority of objections relate to concerns that the movement of HGV’s would be detrimental to the highway network and the highway network is not suitable and not capable of accommodating such vehicles. Concerns have been raised by local Parish Councils (Silkstone, Thurgoland and Stainborough) with regards to the suitability of the local highway network. Highways and Engineering raise no objections due to the low level of vehicular movements proposed. It should also be noted that there is no restriction on the weight of vehicles on the surrounding road network. However, an independent traffic survey has been submitted to the Council on behalf of local objectors which raises further questions and concerns with regards to the highway network. The applicant has also submitted a traffic assessment in support of his application. These reports have been carefully assessed by Highways and Engineering and it is still considered that the surrounding highway network can accommodate such vehicles. The site would only be suitable, however, if strictly controlled for the delivery of material derived from

Barnsley Council green waste collections (although this is subject to a separate contract between the applicant and BMBC Waste Management – a planning condition would be attached upon approval to ensure the source of waste is strictly controlled) and the traffic generated is proposed to be a maximum of 10 vehicle movements per day. The Assistant Director responsible for Waste Management was formally consulted and has raised a number of key issues demonstrating control over vehicle movements:

• The maximum amount of material to be deposited on the site is 4500 tonnes annually. Using data from previous years Barnsley Council green waste collection services, given that each load delivered averages 6.8 tonnes over a 4 day delivery period, the site would reach the permitted amount within 33 weeks of continued delivery. After this date, deliveries would be diverted to another site within or outside the Borough. Alternatively, deliveries may be sporadic and spread out across the year, thus seasonal variation may be applied.

47 The proposed number of vehicle numbers provided by the applicant are therefore a maximum number and do not account for seasonal variation. For example, the site may process its allocated amount of material in less than a year. Alternatively, the amount of material may be less in winter and more in summer months. If seasonal variation is applied then the number of daily movements, on average, will be less. Moreover, planning proposals which require regular vehicular movements are normally difficult to monitor and control. With Barnsley Council vehicles being the only contracted vehicles permitted on site, this will make the number of vehicular movements easier to account for.

In reality it is likely that the average number of vehicles entering the site would be 2 or 3 per day. However, it is also considered that the maximum number stated (5) will allow the sporadic movement of HGV's in relation to collecting skips from the site. A planning condition limiting the number of vehicular movements would be attached to any granted permission.

There has also been dispute with regards to the visibility splays proposed by the applicant. As a result, a further cross section survey of the site entrance has been submitted which shows the visibility splays to be 2.4m x 90m. Highways and Engineering initially assessed the application with no objections but further comments relating to visibility splays will be reported verbally at Planning Regulatory Board.

On balance, whilst the proposal will attract HGVs to the area and the site, on the basis of the limited number of vehicle movements and the adequacy of the surrounding highway network, Highways and Engineering have no objections to the proposal on a strictly controlled basis. The proposal therefore adheres to Policies T2 and WD4 of the UDP.

Environment - The application has received significant objection and interest in respect of the potential risk to human health. In particular, the airborne disease aspergillus and bio-aerosols have been raised as concerns.

As part of the planning and waste management licensing procedure, new composting sites must assess the impact their business may have on the surroundings, including the risks that may be associated with bioaerosols generated from composting activities. The Environment Agency has issued a position statement which stipulates that if new composting sites, or new activities on existing sites, are less than 250m from a sensitive receptor such as a nearby residential property, they must assess any health risk and, if necessary, control potential exposure of that sensitive receptor to bioaerosols. The 250m distance was estimated from previous studies which indicated that by this distance any bioaerosols associated with commercial composting would disperse in the atmosphere and concentrations would be reduced to background levels. It is accepted that the composting process is reliant upon careful management in order that suitable conditions for the process prevail.

48 The principle of windrow composting requires the windrows (piles) to be turned at regular intervals to improve porosity and oxygen content, to mix or remove moisture and to distribute heat as appropriate. Moreover, the precautionary principle is adopted by the Environment Agency which advises that development should not occur within 250m of the nearest workplace or dwelling. Whilst a workplace (water treatment station) does lie within 250m, it is not occupied on a regular basis and the nearest dwelling is over 300m from the site.

The applicant has obtained a waste management exemption licence which restricts the applicant to processing 1000 cubic metres of material at any one time. A number of objectors have cited recent cases where sites in the UK have given rise to unacceptable environmental issues and been instructed to cease operations. Whilst these cases highlight the potential problems associated with green waste facilities, they also highlight the effective enforcement powers of the Environment Agency. Continued failure to comply with the licensing requirements can result in prosecution proceedings.

Michael Clapham MP has cited recent correspondence from DEFRA relating to further proposed research and guidance on bio-aerosol risk assessments. He has requested that consideration be given to effectively withholding a decision until further research information is available. It is considered that this request and the advice offered by DEFRA, is related to the waste licensing criteria which is controlled by the Environment Agency. Should further information become available, the waste licensing criteria may change, and the subsequent advice offered to Local Authorities to reflect these changes. It is not considered that a deferral based on further research is justifiable. Should further research warrant changes, then this could be pursued by the Environment Agency through their waste management licensing criteria. Similarly, concerns have been raised as the applicant has proposed spreading the composted material on land close to the village of Hood Green and approximately 300m to the south of Gilroyd. Objections relating to this issue have been received from locals within Dodworth, Gilroyd, Hood Green, Silkstone and Thurgoland. There are two issues pertinent to these concerns:

Firstly, would the composted material be classed as a waste product? If the output from the composting process meets the Compost Quality Protocol (an approved standard of compost, developed by the Environment Agency and Waste Recycling Action Protocol) then it is no longer classed as a waste product. It therefore poses no threat to amenity by reason of its classification as a non-waste product. Proof that the product is, in fact, not a waste product would be monitored by the Environment Agency.

Secondly, what if the material is not processed to these standards? If quality standards are not met, then the applicant would be required to apply for a further exemption or environmental permit to spread waste material on the available land. An application for such a license would be subject to stringent controls and assessment by the Environment Agency. In particular, the assessment would need to identify the potential risk to nearby dwellings and human health. It should be noted that farming practices regularly require a waste exemption license from the Environment Agency and, often these activities do not require a planning permission.

49

Whilst it is accepted that there are concerns with regards to the impact on human health, the Environment Agency’s research concludes that the risks can be mitigated by siting proposals more than 250m from dwellings and through the waste licensing process.

Regulatory Services have assessed the proposal and whilst they do not object in principle, they recommend the addition of dust, litter, odour and pest control measures upon the granting of permission. Moreover, concerns have also been raised with regards to the exact processes that will take place on site. For example, the applicant has stated that the material will be rotated on the concrete pad on a regular basis, but not elaborated on the exact operations. It is worth noting that composting does require careful management, but it is not an exact science and varies considerably due to the numerous variables including the amount of compost material, temperature of the piles and prevailing weather conditions. However, it is accepted that a detailed statement would help provide clarity and could be attached as a condition requesting a composting management plan (which would also include dust, litter, odour and pest control measures).

The application also involves the construction of a drainage lagoon in order to effectively drain the site. A number of objections relate to the suitability of this lagoon given that it is close to a local watercourse. Both the Environment Agency and the Drainage Officer consider that the lagoon is adequate for the needs of the development. For further reassurance, the Environment Agency request that a condition be applied upon the granting of permission to mitigate risk afforded by flooding.

The potential noise of the composting machine and associated vehicles has been raised as an objection by a number of local residents. The applicant has supplied information with regards to noise which has been assessed by Regulatory Services. Although they considered that the development would lead to some noise, it is considered that a conditional approval restricting operational hours and attaching a maximum noise level to any permission would address this issue. Due to the proximity of the development to the nearest dwelling, noise from any machinery would not have any impact on the village.

Overall, it is considered that the proposal complies with Policy ES1 of the Barnsley Unitary Development Plan the mitigation measures proposed should not result in harm to the Environment.

Wildlife and Nature Conservation – The site lies within a wider Nature Conservation. It is also identified as a Natural Heritage Site in the Barnsley Biodiversity Action Plan. As such, the Council seek to safeguard these important habitats and species from any activities which would cause disturbance, pollution or damage as outlined in Policy GS15.

It is acknowledged that such operations are not normally associated with such an area of nature conservation.

50 However, the overall need for the facility, coupled with the support given to sustainable waste management activities in PPS10, could, in theory override this presumption against development. However reliance is placed upon Natural England to provide specific advice on ecological issues. Following this advice and the opinion of the Waste Planning Authority, the proposal needs to be assessed in terms of its impact on the nature conservation interests. Had the proposal involved the creation of a new access, thus significantly disturbing the nature conservation area, then the proposal would have been treated with severe caution. However, a network of tracks associated with the colliery use and some of the concrete bases remain in tact. The composting operations would take place on a concrete pad and all other operations would take place on an existing hard standing. Moreover, the resultant composted material would then be transported, using the existing track network, to its place of deposit (which would be a regularly cultivated field). The Waste Planning Authority is therefore not convinced that the numerous objections relating to potential harm to nature conservation interests can be fully justified.

The importance of Nature Conservation sites is also outlined in policies GS16 and GS18 which resists development unless it can be demonstrated that there is a case for development that outweighs potential negative impacts upon the Nature Conservation Site. Government guidance provided in PPS9 (Biodiversity and Geological Conservation) states that “planning authorities should refuse permission where harm to the species or their habitats would result unless the need for, and benefits of, the development clearly outweigh the harm”. Natural England specifically requested that areas for the resultant spreading of the composted material were not included in the Natural Heritage Site. The importance of Natural Heritage Sites is reinforced in the Barnsley Biodiversity Action Plan within which it is recognised that this area is home to acid grassland, amongst other important species. It is recognised that acid grassland is particularly important which has undergone substantial decline in the 20th Century. As a result, the area of land proposed for spreading within the Natural Heritage Site was removed from the application area. Moreover, an ecological report, assessed by Natural England, outlined that Great Crested Newts and other protected species were not present on the site, nor within its vicinity. Whilst the possibility of Great Crested Newts cannot be discounted, they are also protected under the Wildlife and Countryside Act 1981 and further European legislation. Given that the development does not involve any significant building works, and that the access to and through the site is existing and that there is a need for this facility, in the opinion of the Waste Planning Authority it is considered that the relaxation of policy GS18 is acceptable in this case.

51 Conclusion

The argument for and against is finely balanced and the application has generated significant local objection. On the one hand the policy presumption against development within nature conservation sites and concerns with regards to highways provides weight in resisting this proposal. On the other hand, the national, regional and local policies and targets promoting the diversion of waste away from landfill weighs in favour. The proposal utilises a former colliery location where the access and some of the infrastructure are already in place and therefore does not involve any significant building works. The site is well screened and over 300m from the nearest dwelling so as not to adversely impact on residential amenity. Whilst there are highways implications, it is not considered that the number of traffic movements would have a significant detrimental effect on the local highway network or highway safety. Regardless, Members may consider a temporary permission in order to assess the effect of the development on the area over a limited time period. However, it should be noted that the applicant has not applied for a temporary permission.

In considering this proposal, Members will appreciate the ‘need’ for the facility as weighted through Council policy, along with numerous concerns regarding the operations in such a sensitive area. It is the conclusion of the Waste Planning Authority that, in the round, permission should be granted subject to referral to the Government Office as a departure and subject to conditions which limit the scale of use to address concerns.

Recommendation

Grant subject to:-

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

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2 The development hereby permitted shall only be carried out in accordance with the following documents, unless otherwise agreed in writing by the Local Planning Authority, or where amendments are made pursuant to the other conditions below: a) Drawing number RY1007/1/001 Revision 0 - Existing Site Layout; b) Drawing number 01 Ref 38/38 Jan 2008 - Location Plan; c) Drawing number RY1007/1/003 Revision 0 - Proposed Drainage Layout and Details; d) Drawing number RY1007/1/002 Revision 0 - Proposed Layout and Slab Construction Details; e) Drawing Number 38/38/03A 200508 - Composting Facility; f) Statement entitled Eco Green Composter and supporting noise information; g) Drawing number 38/38/02A - Compost Spreading Revision A Reduced Spreading Areas; h) Letter reference number 4831/RIG/003 submitted by Sanderson Associates including drawing number 4831/001 and 4831/002; i) Transport Statement Reference 4831/KS/SAM/001/01 dated January 2008 and; j) Planning application supporting statement titled, 'Composting Facility to Recycle Green Waste'; Reason: For the avoidance of doubt.

3 Prior to the commencement of development, details of the proposed means to be used to minimise noise from vehicles and machinery shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include the fitting of efficient silencers and the approved details shall be implemented before the development is brought into use and retained thereafter. Reason: In the interests of the residential amenity of occupants of nearby property.

4 No development shall take place until a composting management plan has been submitted to and approved in writing by the Local Planning Authority. Such details shall include the operational management of the compost piles and shall include, but not be limited to, odour, dust, litter and pest control measures. The development shall be carried out in accordance with the approved scheme and retained thereafter. Reason: In the interests of the local environment.

5 Prior to the commencement of development a flood contingency plan shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include how the collected run-off will be managed should the drainage lagoon reach capacity. The scheme shall also include the likelihood of such an event occurring detailing how and where excessive run off will be stored or processed. The development shall be carried out in accordance with the approved scheme. Reason: In order to manage surface water run off without increasing the risk of pollution.

6 Prior to the commencement of development details of a drainage system from the concrete pad shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include plans which show the pipework and how this will be protected from damage. The development shall be carried out in accordance with the approved scheme. Reason: To ensure that the drainage system can be operated and maintained properly to avoid pollution of the water environment.

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7 Except with the prior written approval of the Local Planning Authority, all site works including deliveries shall be limited to the hours between 0800 hours and 1700 hours on Monday to Friday, 0800 hours and 1300 hours on Saturdays, and not at all on Sundays, Bank Holidays and Public Holidays. Reason: In the interests of local amenity and in accordance with UDP Policy M9, Environment.

8 There shall be no more than 4500 tonnes of organic green waste imported and processed on the site per annum. Reason: For the avoidance of doubt and in order to control the amount of material composted.

9 There shall be no more than 10 Heavy Goods Vehicle movements per day (4 on Saturdays) associated with the development entering or leaving the site. Reason: In the interests of the residential amenity of occupants of nearby property.

10 No outside storage of any description shall at any time exceed a height of 4 metres above existing ground level. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

11 There shall be no burning of any material on site at any time. Reason: In the interest of the local environment and to prevent pollution.

12 Unless otherwise agreed in writing by the Local Planning Authority, only green waste supplied by Local Authority collections under the control of Barnsley Metropolitan Borough Council Waste Management Services shall be accepted onto the site. No waste from any other source will be accepted unless any written variation is received and approved by the Local Planning Authority. Reason: For the avoidance of doubt and in order to control the amount and source of material composted.

13 The development hereby approved permits the importation of green organic garden waste only. Green waste includes grass cuttings, leaves, weeds, garden prunings, bark and wood shavings, hedge clippings, twigs and small branches and thin cardboard. No kitchen/food waste or any other waste material shall be imported onto the site at any time Reason: For the avoidance of doubt and in order to protect human health.

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14 The windrows/compost heaps shall be monitored daily and written records shall be maintained of each inspection, which shall provide the following information:

- the amount of material on the compost pile - the date the compost windrow/heap was constructed - the approximate dimensions of the compost windrow/heap upon formation - the dates on which the compost windrow/heap is turned - the temperature of the compost windrow/heap - an assessment of the moisture content of the windrow/heap including dates when additional water is added to the windrow/heap - the date when compost is transferred to agricultural land for spreading

Within 1 week of a written request from the Local Planning Authority, the operator shall make available to the Local Planning Authority a copy of the monitoring records requested for inspection. Reason: To ensure satisfactory green waste management.

15 Unless otherwise agreed in writing by the Local Planning Authority, there shall be no more than 125 tonnes of unprocessed green waste material and the storing of such material shall be limited to a period of 7 days at any one time. Reason: In order to prevent excessive odour and in the interest of the local amenity.

16 In the event that the importation and composting of green waste should cease for a period of 12 months, the operator shall, within 3 months of a written request of the Local Planning Authority, submit a scheme for the restoration of the site, including the removal of waste materials, compost and plant and machinery associated with the development. The restoration scheme shall be implemented within 6 months of the approval by the Local Planning Authority. Reason: In the interest of the visual amenity of the local area.

17 Prior to the commencement of development, a detailed scheme shall be submitted to and approved in writing by the Local Planning Authority which shows the method for engineering and exact depth of the proposed drainage lagoon. Such details shall include any remedial works considered necessary in order to stabilise mine entries beneath the site. The development shall be carried out in accordance with the approved scheme and retained thereafter. Reason: In order to ensure that the development does not harm mine shafts and adits

18 The composted material shall only be spread on the land shown on plan number 38/38/02A Revision A Reduced Spreading Area. None of the composted material shall be spread on land within the Natural Heritage Site identified as Falthwaite and Lowe Wood. Reason: In order to protect the natural environment.

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Planning Application Number: 2008/0175 1:3607 Site Address: Farm off Bagger Wood Hill, Hood Green, Barnsley.

Development Description: Use of land as a composting facility including construction of lagoon and weighbridge. Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

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2008/0226 Mr W Latif Erection of two bay fire station with community facilities Land at Burton Road/Tumbling Lane, Barnsley

One letter of representation received

Site Location

The site is in West Green on the north eastern outskirts of Barnsley close to the A628 Pontefract Road. It is located on the corner of Burton Road and Tumbling Lane.

Site Description

The site is currently used as a scrap yard which is bounded by a high wall to the road frontages. There are no views of the site from Pontefract Road due to the intervening woodland and the land on the opposite side of Burton Road is open. On the opposite side of Tumbling Lane is a high fence and earth mound with open land behind. There is a new residential development taking place beyond this open land and there is older terraced housing is on Burton Road. The closest houses are a pair of semi detached properties opposite the junction of Burton Road and Tumbling Lane.

Proposed Development

The applicants have identified a gap in fire service coverage in an area of high risk between Royston and Barnsley that cannot be adequately served from the existing facilities at Barnsley and Royston. An additional facility is therefore proposed to provide enhanced coverage in an area of burgeoning commercial and residential development. There would be community facilities to help encourage fire prevention but also to generate income. The main Fire Station building would have a floor area of 986 m2 and there would be drill tower and jet wall (giving a total floor area in excess of 1,000 m2).

The main building, which is shown located at the corner of the site facing Burton Road, would house two fire engines. The fire engine egress point (with wig wag lights) would be onto Burton Road about 25m from 546 Burton Road. There would be a staff and visitor car park with 30 parking spaces with access off Tumbling Lane. Returning fire engines would use this access so that they can be cleaned and serviced. A diesel fuel point and hydrant would be located on the southern boundary.

The building would site in a 900 m2 drill yard and hard surfaces would dominate the site with only minimal perimeter landscaping. The building design would be functional with an aluminium butterfly roof (12.6m high), terracotta tile and brick external walls (grey and charcoal) and extensive areas of glazing. The trainer tower would be pre-cast concrete with a tiled roof.

Policy Context

The UDP shows the site located within an Employment Policy Area (policy BA40/3/2 West Green Regeneration Area). Fire Station would be an employment use and compatible with this zoning.

There is a Strategic Highway Proposal (policy BA29) at the junction of Burton Road and the A628.

The LDF shows the site and the open land to the west as a Housing Site (HS13 and HS9). The highways proposal is also shown.

57 Consultations

Highways – No objections raised but the applicants should be warned that traffic problems could arise until the by-pass is complete. Conditions recommended.

Yorkshire Water had concerns about the location of the building over a main sewer and issues over improving surface water drainage facilities but amended plans submitted and YWA have no objections.

Drainage – Do not determine until YWA confirm that they are willing to receive flows.

Contaminated Land – Landfill Gas condition required.

Police – Have sent detailed comments that need to be passed on.

Landscape – Would like there to be more planting provided.

Policy – Employment Area should remain in employment use. The main consideration is the loss of employment land (SPG24). No jobs will be lost and as such there are no objections raised.

BDA – I copied a letter from Northern Coals to BDA who are trying to find an acceptable solution to relocating/compensating the existing businesses. However, some not happy and BDA feared a possible approach to politicians. A Cabinet report in process of preparation re this matter and BDA asked for more time before giving their final comments. They were made aware of the 6th May deadline. They have now stated that they support the planning application subject to suitable arrangements to safeguard the existing companies and associated jobs on site. This is not a planning matter so no reason to hold up decision any further.

Urban Design Officer – A well designed contemporary building.

Representations

One letter of representation has been received from Northern Coals, who are an existing tenant, indicating that upheaval will be caused to the business and expense of relocation would be substantial. The BDA have been notified of the situation and are assisting the company where possible. However, this is a private commercial matter rather than a material planning consideration.

Councillor Andrews has declared an interest as the Chair of the Fire Authority.

Assessment

Principle of development – The site is designated for employment on the UDP. A new Fire Station is an employment use that creates 20 jobs. BDA state that 30 jobs could go so there would be a net loss of jobs. However, BDA are trying to relocate these existing jobs nearby and the new Fire Station is a long term investment opportunity providing sustainable high value employment so the proposal is acceptable.

58 Residential Amenity – The site of the Fire Station is near to existing houses and new houses are due to be built on the other side of Tumbling Lane. The Fire Engines will leave the site on Burton Road and return via Tumbling Lane. Clearly when the appliances are entering and leaving the site will determine what the impact will be and this is unpredictable as this is a 24 hour 7 days a week operation. As well as the emergency provision there will be practices and the drill yard will be used for training. The applicants have been asked to reinforce the peripheral planting to provide sufficient screening. Amended plans have been submitted showing the drill yard re-arranged so that enhanced soft landscaping can be introduced to the east boundary. Other minor changes have also been made to the building and it is now considered that the impact on residential amenity is acceptable.

Visual Amenity – The proposed building is functional but more pleasing to the eye than an industrial tin shed. There is a shallow butterfly roof with a lower lean to roof either side. The fire appliance doors will be the dominant elements in the design and the bright colour of these will provide a contrast to the facing materials, which will be blue/grey clay blocks. The tall drill tower and jet wall are set back into the site so will not be overly obtrusive. There will be a lot of hard surfaces due to the requirements for a drill yard and car parking but this will be surrounded by landscaping. The existing uses are not in themselves attractive so notwithstanding the above there will be a clear visual improvement as a result of the scheme.

Highway Safety – The Transportation Manager has raised no objections subject to the inclusion of conditions but expresses concern that there may be some short term problems but these should be resolved when the by-pass is constructed. There are wig wag lights shown on the plans that are outside the application site boundary on the approaches to the Fire Station.

Drainage – Amended plans were submitted showing a very minor relocation of the building to avoid a public sewer. Yorkshire Water have confirmed in writing that this resolves their initial concerns.

Recommendation

Grant subject to:-

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2 Pedestrian intervisibility splays having the dimensions of 2 m by 2 m shall be safeguarded at the drive entrance/exit such that there is no obstruction to vision at a height exceeding 600 mm above the nearside channel level of the adjacent highway. Reason: In the interest of road safety.

3 Before the development is brought into use the parking/manoeuvring facilities shall be laid out in accordance with the approved plan and hard surfaced, sealed and drained (and marked out), and shall thereafter be permanently retained for vehicle use. Reason: To ensure that satisfactory off-street parking/manoeuvring areas are provided, in the interests of highway safety and the free flow of traffic and in accordance with UDP Policy T2A.

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4 Visibility splays, having the dimensions 2.4 by 90m, shall be provided at the entrance/exit to the site, such that there is no obstruction to visibility at a height exceeding 1.05m above the nearside channel level of the adjacent highway and shall thereafter be retained. Reason: In the interest of road safety.

5 Visibility splays, having the dimensions 2.4m by 90m, shall be safeguarded along the site frontage at the junction of Tumbling Lane and Burton Road, such that there is no obstruction to visibility exceeding 1.05m above the nearside channel of the adjacent highway. Reason: In the interest of road safety.

6 The development shall not commence until details of the areas to be used for the construction workforce parking, the storage of building materials and plant and other construction vehicles have been submitted to and approved in writing by the Local Planning Authority, and such areas shall thereafter be retained for the construction period. Reason: In the interests of road safety.

7 Details of the means of access for construction traffic shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented in full before development commences and shall thereafter be retained for the duration of the construction period. Reason: In the interests of highway safety.

8 Before development commences a condition survey of the highway on the site frontage adjacent to the site access, including details of the structural integrity and a methodology statement, shall be submitted to and approved in writing by the Local Planning Authority. On completion of the development a second condition survey shall be submitted to and approved in writing by the LPA to identify defects directly attributable to the construction of the development (including any necessary remedial works). The agreed remedial works shall be carried before the development is brought into use. Reason: In the interests of road safety.

9 Prior to the commencement of the development a scheme shall be submitted to, and received the written approval of the Local Planning Authority, identifying measures to be taken to prevent mud/debris from being deposited on the public highway. The development shall thereafter be undertaken in accordance with the details of the approved scheme which shall be retained for the entire construction period. Reason: In the interests of highway safety.

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10 No development shall take place until an investigation and report which assesses the extent to which the site may be affected by landfill gas and which demonstrates that the development can be safely undertaken and occupied has been submitted to the Local Planning Authority. The report shall be prepared by a competent consultant and experienced and specialising in the assessment and evaluation of Landfill Gas migration and the period of monitoring provide an adequate reflection of environmental conditions(i.e. more than one monitoring visit).

The investigation report shall:

1 Be based upon BS 5930, Code of Practice for Site Investigations, the draft BS 10175: 2000 Investigation of Potentially Contaminated Sites-Code of Practice; CIRIA Report 131, Measurement of Methane and other gasses from the ground 1993; and the advice provided in the Waste Management Paper No's 26 and 27.

2 Describe the methodology, techniques and equipment and circumstances of the survey and clearly relate final conclusions and recommendations to the results and findings of tests and investigations so that they may be understood by a third party.

3 Advise on any remedial measures which demonstrate that the development can be safely undertaken in strict accordance with the submitted remedial measures contained within the report. Reason: To ensure that the developer has demonstrated that the development can be undertaken and occupied in a safe and secure manner given the proximity of the development to a landfill site which is known to be producing landfill gas and in accordance with U.D.P. Policy ES9, Landfill Gas.

11 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, full details of both hard and soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained. Reason: In the interests of the visual amenities of the locality.

12 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which die within a period of 5 years from the completion of the development, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority give written consent to any variation. Reason: In the interests of the visual amenities of the locality.

13 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with U.D.P. Policy BE6, Design Standards.

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14 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 3 metres, either side of the centre line of the sewer, which crosses the site. Reason: To prevent damage to the existing sewer.

15 The site shall be developed with separate systems of drainage for foul and surface water. Reason: In the interests of satisfactory drainage.

16 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority before development commences. Reason: To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system, which will prevent overloading.

17 No development shall take place until details of the proposed means of disposal of foul drainage have been submitted to and approved in writing by the Local Planning Authority. Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the proper drainage of the area.

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Work Tank El Sub St

544 546 43.39m

40.7m 42.0m ON ROAD

WB Refuse Tip

T U

M B Scrap Yard L I N

G

L A N E

R r F yo E nve Co T N O Tank P Works

Works

38.4m T a U St Sub M El B L I N G

L A N E

BM 39.39m

Planning Application Number: 2008/0226 1:1250 Site Address: Land at Burton Road/Tumbling Lane, Barnsley

Development Description: Erection of two bay fire station with

community facilities Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

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2008/0274 Les Beres/Lawnmeadow Ltd Conversion of former school into 24 apartments. Grove Street School, Grove Street, Barnsley, S71 1ES

Site Location

The application site refers to the former Grove Street primary School which is located is located to the north of the A628 (Pontefract Road) adjacent to Oakwell football ground.

Site Description

Grove Street Primary School is an impressive building two storey stone built building which occupies an elevated position overlooking the football ground. The building has a symmetrical design which is categorised by series of feature gables on the front and rear (principle) elevations. To the east of the site is the former infant school which is now occupied by the Council’s Performing Arts Development Service (PADS), to the south is Grasmere Road and the north Belgrave Road both of which support residential properties. The school is enclosed within a 1.5m wall/fence, the grounds are completely hard surfaced with no areas of soft landscaping.

Proposed Development

The application is for a change of use of the former school into 24 apartments. Seventeen of the apartments are 1 bedroomed with the remaining seven being two bedroomed. Provision is made for twenty-six car parking spaces, two of which will be allocated for disabled persons. In addition there will be a total of 10 cycle/motor cycle stands provided.

The proposal does not involve any significant alterations being made to the external appearance of the building, although additional doors and windows will be inserted where necessary.

Policy Context

The site is located within Policy Area 10: Oakwell Housing as such the following UDP and Government policies are considered to be material to the determination of the application;

UDP

H5A ‘Flats & houses in Multiple Occupation’ provides guidance on ensuring that living conditions for both existing and potential residents are maintained to an acceptable level.

H6 ‘Open Space Provision’ champions the provision of open space within residential schemes of 20 units and above.

H8A ‘Existing residential Areas’ promotes residential development within residential areas’.

BE6 ‘Design Standards’ promotes good design in developments

GS34 ‘Urban Greenspace’

T17 ‘Car Parking’

64 National Planning Policy

PPS3 ‘Housing’ PPG13 ‘Transport’ PPG17 ‘Planning for Open Space, Sport and Recreation’

Supplementary Planning Guidance

SPG20: Open Space Provisions on New Housing developments

The site is below the 25 unit threshold and as such there is not a requirement for the inclusion of any affordable housing within the scheme.

Consultations

Drainage: No objections subject to recommended conditions ensuring that the site will be satisfactorily drained.

Urban Design Officer: Welcomes the scheme and acknowledged the importance of retaining the building and that its character will not be compromised by virtue of no significant external alterations being made.

Environmental Health: No objections subject to conditions.

Highways DC: No objections subject to conditions.

Landscaping: No objections subject to a condition that a detailed landscaping scheme has to be submitted. Identify that the site would benefit from trees being planted along the western boundary (abutting existing residential properties).

Neighbourhood Services: Identify that the Oakwell Area is deficient in open space which is unlikely to improve. Support the inclusion of the area of public open space but considered that it should be managed under a local ownership scheme Encourage local ownership of the proposed area of public open space and do require a commuted sum for its maintenance from the developer.

Planning Policy: No objections subject to the provision of an area of Public Open Space to the east of the site. Acknowledge that in accordance with SPG20 there is a requirement for a £16,231 off site contribution towards open space. It is recommended that it should be spent to fund improvements to Dearne Valley Park Central.

South Yorkshire Police: Raised initial concerns with regard to access arrangements and boundary treatments, these have however been addressed through a subsequent amendment to the scheme.

Yorkshire Water: No objections subject to standard drainage conditions.

Representations

The application has been advertised by way of a site and press notice, in addition neighbouring residents to the site have been consulted in writing. No letters of representation have been received.

65 Assessment

Principle of development - PPS3 and UDP policy H5A are both supportive of the conversion of existing buildings for residential use when the building in question is located within a sustainable location and the proposal will not adversely affect existing residential amenity.

In this regard it is of note that the site is located within the Town Centre, as defined within the UDP, and as such benefits from good access to local services and public transport. The UDP also identifies the site as being Policy Area 10: Oakwell Housing Area, which identifies that the area is predominantly residential in nature. It has been established that the land and buildings of the former school are no longer required to serve as a community use and as such the principle of the schools conversion to support residential use is acceptable.

Residential Amenity - Given the site is surrounded by existing residential development it is important to establish whether the proposed development would result in adverse living conditions to the existing occupiers, particularly those to the rear of the site located on Grasmere and Belgrave Road as well as the future occupiers of the development by any potential conflict with the Council’s adopted supplementary planning guidance on space about dwellings.

The separation distances between the school and the existing residential properties is approximately 21metres and as such exceeds that recommended within the SPG which requests a minimum 12 metres separation between a principle and non principle elevation of an existing property. Therefore it is not considered that residents of existing properties should feel a loss of private amenity by virtue of overlooking from the development.

The proposed parking area would abut no.39 Belgrave Road and no. 1 Grasmere Road. However the impact of disturbance associated within vehicles accessing/egressing is mitigated as a result of a change in levels and a 2m high boundary wall separating the two sites. Owing to the location of the public open space and the PADS centre the location of the parking within this area represents the only viable option to ensure that off street private parking is achieved for the site.

Visual Amenity - The building is an attractive landmark in the locality and its reuse will secure its long-term retention, which represents a preferred option to demolition and redevelopment. The application involves only modest alterations being made to the existing building. This includes changes being made to the existing openings to allow for improved access and to create a better outlook for the residents of the flats. These alterations will be lost in the context of the building, the building will maintain a symmetrical appearance and those alterations which are required will follow a regular arrangement across the principle elevations. Accordingly it is not considered that they will form readily recognisable features which will materially alter/detract from the appearance of the building, this is a key principle of UDP policy H5A.

At present the site benefits from no soft landscaping with the buildings curtilage being solely hard surfaced. The addition of soft landscaping within the curtilage of the building as well as the provision of the designated area of public open space will therefore provided much need relief to the area, by breaking up the massing and dominance of hard surfacing. This will complement the appearance and setting of the building within the street scene to the benefit of local amenity and character.

Highway Safety - The application proposes that access will be taken from Belgrave Road and lead to a private parking area, which will provide 26 vehicle and 10 cycle/motor cycle spaces. The UDP identifies that parking is an issue within the Oakwell district particularly as a result of nearby commercial uses. The addition of resident/visitor private parking is therefore considered to adhere to policy T17 in that it will not result in a dependence of on street parking or harm the free flow of traffic.

66 The Council’s Transportation Section have raised no objections to the principal of the proposal and as such the development is considered acceptable in this regard.

Open Space - It was conditioned within the sale of the site that an area of public open space would be required to the east of the site within the curtilage of the Performing Arts Development Service. This will compensate against the loss of the schools existing playground, which is recorded on the green space register. Whilst the proposed area of public space is relatively modest in scale it is nonetheless seen as a welcome addition to the locality within which there are no foreseeable options for improving the provision of local facilities. The proposed area of public open space will therefore bring amenity benefits to the residents of the Oakwell Area, which is presently deficient in terms of open space.

The details of the area of public open space have to be agreed. It is therefore recommended that the application is conditioned to ensure that a detailed specification of this area is submitted and subsequently implemented prior to the commencement of any development on site.

In addition to the compensatory requirement for a designated area of on site public open space, in accordance with SPG20 ‘Open Space and New Residential Developments’ owing to the development being in excess of 20 units there is a requirement for an offsite contribution of £16,231 towards existing facilities, in this regard Dearne Valley Park Central has been identified as the preferred site. This it is proposed, will be addressed by way of a planning condition.

Conclusion

The site is no longer required to provide an educational facility, and as such the building would remain unoccupied. The building has notable architectural qualities and as such its retention is important. Residential represents the preferred use for the sites redevelopment as it is compatible with adjacent land uses, which are predominantly residential in character.

It is therefore considered that the beneficial re-use of this site, accords with UDP Policies H8 ‘Existing Residential Areas’ and H5A ‘flats & Houses in Multiple Occupation’ in that it is compatible with adjacent land uses and will not give rise to conditions which would result in a loss of residential amenity to existing residents. It is considered that the apartments are located within a sustainable location which has good access to public transport and local services, and as such it is considered that the development will contribute to the Borough’s sustainable pattern of Brownfield regeneration.

Recommendation

Grant subject to:-

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications received on 9th May 2008 (Drawing No. 1475- 03, 04, 05, 06), unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

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3 The existing boundary wall fronting Grasmere and Belgrade Raod shall be fully retained, except where an access is required through the wall. Full details of any such access shall be submitted to and approved in writing by the Local Planning Authority before work on site is commenced. The development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

4 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with U.D.P. Policy BE6, Design Standards.

5 The development hereby permitted shall not begin until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of or enhancement to off-site public open space in accordance with Unitary Development Plan Policy H6. The provision or enhancement of the off site open space shall be provided prior to completion of the development in accordance with the approved scheme. Reason: In the interests of residential amenity to ensure adequate provision of public open space to meet local needs in accordance with Policy H6 of the Unitary Development Plan.

6 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a detailed landscape scheme. The landscape scheme shall be prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary: - The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove. - The extent of any changes to existing ground levels, where these are proposed. - Any constraints in the form of existing or proposed site services, or visibility requirements. - Areas of structural and ornamental planting that are to be carried out. - A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances. - A written specification for ground preparation and soft landscape works. - The programme for implementation. - Written details of the responsibility for maintenance and a schedule of operations, including replacement planting, that will be carried out for a period of 5 years after completion of the planting scheme. The scheme shall be carried out in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of visual amenity.

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7 No development shall take place until details of the foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure the proper drainage of the area.

8 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries of materials shall only take place between the hours of 0800 to 1800 Monday to Friday and 0900 to 1400 on Saturdays and at no time on Sundays or Bank Holidays. Reason: In the interests of the amenities of local residents and in accordance with UDP Policy ES1, Pollution.

9 All on-site vehicular areas shall be hard surfaced and drained in an approved manner prior to the development being brought into use. Reason: To prevent mud/debris from being deposited on the public highway to the detriment of road safety.

10 Pedestrian intervisibility splays, having the dimensions 2m x 2m, shall be safeguarded at the drive entrance/exit such that there is no obstruction to visibility at a height exceeding 600mm above the nearside channel level of the adjacent highway. Reason: In the interest of road safety.

11 Development shall not commence until arrangements have been entered into to secure such works to mitigate the effect of the development on highway safety and the works shall be completed prior to the development being brought into use. Such works shall comprise of removal of the existing "zig-zag" road marking at the school entrance & provision of a road marking to diag. no. 1026 of the traffic signs and road markings manual (an 'H-mark') across the proposed access to the development. Reason: In the interests of highway safety

69

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Planning Application Number: 2008/0274 Site Address: Grove Street School, Grove Street, Barnsley, S71 1ES 1:1250

Development Description: Conversion of former school into 24 apartments. Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

70

2008/0482 St. Michael's RC Primary School Erection of single-storey extension to school to form office/reception. St. Michael's RC Primary School, Stonyford Road, Wombwell, Barnsley, S73 8AF

The Site

This is an application for the erection of a small single storey extension to form an office and reception area at St Michael’s Catholic Primary School, Wombwell.

Description

The proposed works comprise a single storey front extension of approximately 22.5sqm within the recessed entrance area between the existing front classroom and staff room. The existing entrance will become a self contained lobby area with no change in size. There will be no alterations to the car parking area nor the disabled levelled access. The positioning and size of the openings and the height of the eaves have been designed to tie in with the existing building.

Policy Context

The school is an existing community facility. Policy CF2 (Existing Community Facility) is relevant.

BE6 – Indicates that development that is of an appropriate layout, scale and materials will normally be considered acceptable.

Consultations

None received

Representations

None Received

Assessment

Material Considerations

Principle of Development Residential Amenity Design and Appearance

Principle of Development - The site is an existing community facility. Proposals to extend or enhance the community element are to be encouraged.

Residential Amenity - The proposed works will be visible from a handful of properties along Stonyford Road but due to the limited size of the works and distance to housing any impact will be minimal.

Design and Appearance - The extension will be located at the front of the school and occupy and existing recess. The changes are of a scale which is acceptable and the proposed materials with those existing. The proposal is therefore considered acceptable.

71

Recommendation

Grant subject to:-

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2 The external materials shall match those used in the existing building. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

3 The development hereby approved shall be carried out in strict accordance with the amended plans and specifications received on 29th April 2008, unless prior written consent has been given by the Local Planning Authority to any minor variation. Reason: For the avoidance of doubt as amendments have been submitted during the course of processing the application and in accordance with UDP Policy BE6, Design Standards.

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Planning Application Number: 2008/0482 Site Address: St. Michael’s RC Primary School, Stonyford Road, 1:2500 Wombwell, Barnsley, S73 8AF Development Description: Erection of single-storey extension to school to form office/reception. Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

73

2008/0496 Darren Holmes, Penistone Community Radio Ltd Erection of 20m high radio mast Field fronting business premises: Cliffe Kennels, Barnsley Road, Hoylandswaine, Sheffield, S36 7HB

No objections have been received from members of the public No objections from Penistone Town Council

Background

There are no previous applications at this site of relevance to the determination of this application.

Site Layout and Description

The application site consists of a field which forms part of the land owned by Cliffe kennels. The land is partly used as an exercise area for the dogs that are housed at the kennels. Cliffe Kennels consists of a collection of buildings along with a Yorkshire Water Tower and a telecommunications mast. Elsewhere the area consists of open fields and farmland. The south of the site borders the A628 which includes street furniture, road signs and lighting.

Proposed Development

The application seeks full planning permission to erect a 20 metre high guyed radio mast. The mast would be 50mm in diameter and would have 4 guy wires to stabilize it. The mast acts as the aerial itself and as such no dishes or antennas would need to be attached to it. The applicants advise that it is technically not possible for the mast to share the existing telecom mast.

Policy Context

The site is designated as within the Green Belt as shown within the Council’s Unitary Development Plan. As such the relevant policies are:-

Policy GS7 – States that development should maintain the openness of the Green Belt.

Policy GS8 – States the types of development that would be deemed appropriate for Green Belt locations

Considering the application is for telecommunications development the following policy would also be of consideration:

Policy UTL5 – States that the special needs of telecommunications operators would need to be taken into account in the determination of applications.

Consultations

Penistone Town Council – No objections

Representations

No written representations have been received from members of the public

74 Assessment

Material Consideration

Principle of development Residential Amenity Visual Amenity

Principle of development - The site is designated as within the Green Belt. Policy GS8 provides a list of appropriate uses of which telecommunications development is not one of. However, Policy UTL5 does state the following:

“The special operational needs of telecommunications development has to be judged against policies of environmental restraint such as green belt, borough landscape value, conservation areas, etc. Each proposal should be judged on its merits within the context of Policy UTL5 which seeks to complement the general guidance contained in PPG8. Provided it can be determined that a proposal is consistent with the development factors identified in the Policy then planning permission ought normally to be granted.”

The applicant has stated that the mast is needed in connection with the setting up of a new community radio station for Penistone. The station would be run by Penistone Community radio Limited which is a non profit company with its entire staff being volunteers. The company was granted a 5 year community broadcast licence on AM (Medium Wave) by Ofcom in December 2007. Their aim is:

“to provide a service that is accessible by the community regardless of age, ability, nationality, faith, religion of socio-economics background, providing ways to interact and influence the stations output and provide opportunities to listen to dedicated and specific local and specialized programming at different times of the week.”

The applicant has indicated that the area of search where the mast needed to be placed to serve the community was concentrated around the Hoylandswaine Roundabout. This area is wholly as Green Belt and as such no options were available for less sensitive sites. As stated above, policy UTL5 does state that the need for the mast can be considered as special circumstances to allow development in the Green Belt. As the proposal is for a structure that will benefit the wider community, and a licence already granted for the scheme, it is considered sufficient is available to outweigh Green Belt objections. The principle of the proposal is therefore considered acceptable. It is then necessary to examine and mitigate, if possible, the visual impact.

Visual Amenity – The importance of Green Belt areas is that they should remain open. The proposal is for a 20 metre high mast within an open field. The mast is 50mm in diameter (or 2 inches) in diameter and would be placed 50 metres back from the road. The guy ropes themselves would only be 4mm in diameter and the structure seen against a backdrop of the Kennel buildings, a Yorkshire Water Tower, and an existing telecommunications mast.

75 Due to the specifics of AM coverage the applicants could not utilise the existing mast as it would interfere with their coverage, but this also means that no other operators could use the proposed mast and as such no further dishes or antennas would be needed on it. The proposed fencing around the base of the mast would be wooden consistent with rural boundary treatment generally. On his basis, it is not considered the mast would have an unacceptably harmful impact.

Residential Amenity - The only residential use within proximity of the site is Cliffe Kennels who own the land. The dwelling is over 50 metres from the mast and as such any impact is minimal. In terms of health the applicant has stated the following:

“The Health Protection Agency states that Low Frequency and Medium Frequency (AM) systems typically radiate 10 kilowatts and are unlikely to exceed recommended guidelines beyond a few tenths of a metre from their bases. Our mast will radiate 25watts, a fraction of 10 kilowatts”

Highway Safety

The proposal is set 50 metre back from the road and would not attract a significant level of traffic generation. As such there would not be a significant impact on highway safety.

Recommendation

Grant subject to:-

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2 The development hereby approved shall be carried out strictly in accordance with the plans and specifications as originally submitted apart from the site layout plan which shall be in accordance with the amended plan received on the 19th May 2008 unless prior written consent has been given by the Local Planning Authority to any variation. Reason: In the interests of the visual amenities of the locality and in accordance with UDP Policy BE6, Design Standards.

3 If the need for the mast ceases and the mast remains unused for a continuous period of 6 months then it shall be permanently removed from the site. Reason: It would not be in the interests of the openness of the area for an unwanted structure to remain on site indefinitely.

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Planning Application Number: 2008/0496 1:2500 Site Address: Field fronting business premises: Cliffe Kennels,

Barnsley Road, Hoylandswaine, Sheffield, S36 7HB

Development Description: Erection of 20m high radio mast Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

77

2008/0619 Mr Robert White Retention of 2 cold storage units at existing farm shop. Rob Royd Farm Shop, Genn Lane, Worsbrough, Barnsley, S70 6NP

1 letter of representation received.

Site Description

The site is located off Genn Lane, Worsbrough and comprises 0.15 hectares of agricultural land occupied by Rob Royd Farm Shop, which is a single storey stone built, slate roofed building and an associated car parking area which is surfaced in gravel. Much of the land to the rear and south of the site forms part of Rob Royd Farm and can be classed as ‘open countryside’.

Site History

The existing farm shop was approved in February 2005 (B/04/1853/WB). The approval was subject to a condition, which limited the use of the farm shop to the storage and sale of specific ‘home grown’ farm goods and products, in order to prevent the establishment of large scale retail use in the countryside. The condition was subsequently varied by Appeal Decision APP/R4408/A/07/20378094, which allowed the owners of the farm shop to process and package farm produce to sell, extending the range of goods which could potentially be sold in the farm shop.

Proposed Development

The applicant seeks retrospective planning permission to retain two cold storage units which are currently located to the east of the existing farm shop, to the rear of the site.

Policy Context

Barnsley Unitary Development Plan

The site falls within the designated Green Belt.

• Policy GS7 Development within the Green Belt, states that development within the Green Belt will not be permitted unless it maintains the openness of the Green Belt and does not conflict with the purpose of including land within it. • Policy GS8 Development within the Green Belt, indicates that within the Green Belt new buildings will not be permitted, except in very special circumstances. Where they are allowed as exceptions to the policy they must be genuinely necessary, kept to a minimum size and be of a design appropriate to the area. • BE6 Design Standards states that the Council will seek to achieve a good standard of design in all new development. • Policy ED13 Rural Diversification, states that development which leads to the diversification of the rural economy will be permitted subject to greenbelt policies and consideration of the impact on residential amenity, highway safety, agricultural land and nature conservation interests. • Policy T2 Development and the Highway Network, states that new development will only be allowed where the traffic generated can be accommodated on the highway network.

78 National Planning Policy

• PPG2: Greenbelts • PPS7: Sustainable Development in Rural Areas

Consultations

None

Representations

1 letter received stating that if the cold storage units are a necessary part of the extension of use granted by appeal, then they have no objections to the proposal, but they would object if the units have been introduced to enable expansion of the retail outlet.

Assessment

Principle of development - The purpose of the cold storage units is to support diversification thus increasing the viability of this long established farm and recently approved farm shop. This type of project benefits from the support of PPS7 ‘The Countryside and the Rural Economy’ and Policy ED13 ‘Rural Diversification’ which encourages and promotes sustainable and diverse agricultural sectors through the broadening of there operations and adaptation to new and changing markets.

As the site falls within the designated Green Belt and the existence of the cold storage units is not directly related to agricultural use of the land, there is a general presumption against the retention of the storage units. PPG2 terms development which is not directly related to agriculture or forestry, essential for outdoor sport and recreation, or to replace an existing dwelling ‘inappropriate’ development which must be justified by very special circumstances.

The applicant has submitted details of ‘very special circumstances’ which would allow the retention of these units as an exception to the usual Green Belt policy. These circumstances include:

• To be able to take advantage of the Appeal Decision APP/R4408/A/07/20378094 and the associated Variation of Condition, the storage units are necessary as they allow storage of the home reared meat products and the manufacturing, maturing and butchering process associated with producing them;

• They state that because of the size of the machinery involved in the processing of cattle and pigs, there is not enough space within the existing farm shop to accommodate it and the cold storage facilities;

• They state that vegetables need to be refrigerated so they keep, and again, this is necessary to allow the shop to be viable and the products grown on the farm not to be wasted;

• Without the cold storage units the shop would become unviable as there would be no way of storing the products manufactured, or the vegetables grown on the farm; • The farm shop supports 12 local jobs and, without the cold storage units, potentially 12 people would lose their jobs;

• The location of the units to the rear of the site, behind the existing building, causes no additional harm to the openness of the Green Belt;

79 • Reduces food miles as the meat and vegetables are reared, slaughtered, processed and stored all in one place.

In general it is clear that whilst the development is deemed to be ‘inappropriate’ development in the Green Belt, agricultural diversification and the broadening of operations on the site is supported by both national and local planning policy. Furthermore the benefits of having the cold storage units to the viability of the farm and farm shop, and the retention of local jobs provided on the site indicate that on this occasion the storage units could be allowed as an exception to the usual policy subject to satisfying other material considerations. It is accepted that storage units are necessary to reinforce the existing use rather than to allow expansion of the outlet. This permission would not affect the condition that restricts the range of good that can be sold.

Appearance and Visual Impact on the Green Belt - The cold stores are already on site and have been located to the rear of the existing farm shop, below a large embankment. They are not particularly visible from the surrounding Green Belt as the existing farm shop is tucked close to the rear boundary of the site and is screened from Genn Lane by the existence of a mature hedgerow. As such the units have little additional impact on the openness of the Green Belt than the existing farm shop does, and the car parking area associated with the farm shop acts as a further visual screen.

It could be argued that the impact of the cold storage units could be lessened further if they were painted an olive green to blend in with the embankments behind, and as such a condition should be attached to any permission, should it be granted, to ensure this.

As a consequence of the above it is not felt that the retention of the cold storage units would harm the visual amenities of the Green Belt and as such there is no objection to the development on appearance of visual amenity grounds.

Highway Safety - The cold storage units are located to the rear of the site, they do not occupy any of the car parking or turning areas or create any additional retailing floorspace. As a consequence of the above it is not felt that the existence of the units will significantly increase the amount of traffic entering or leaving the site, and as such have little impact on highway safety.

Other Issues - It is apparent that the site has not been adequately landscaped. Conditions 22 and 23 of the original permission require the submission and implementation of landscaping details. A letter has been sent to the applicant reminding him of the requirements. The situation will be monitored and in the event that the condition of the site is not improved within a reasonable timescale, enforcement action will be taken. Strictly speaking this is a separate matter to the current proposal and should not prejudice the decision.

Conclusion

Whilst in general cold storage units are deemed to be inappropriate development within the Green Belt, the fact that they are associated with and support a farm diversification project, result in little addition harm to the openness of the Green Belt, have little impact on highway safety, support local jobs and reduce food miles, means that on this occasion the proposal can be considered as an exception to Green Belt policy and as such should be approved.

80 Recommendation

Grant subject to:-

1 Within 28 days of the date of this permission, the cold storage units shall be painted an olive green in colour, unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the appearance of the area.

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Planning Application Number: 2008/0619 Site Address: Rob Royd Farm Shop, Genn Lane, Worsbrough, 1:2500 Barnsley, S70 6NP Development Description: Retention of 2 cold storage units at existing farm shop. Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

82 SECTION B - REFUSALS

2008/0122 C Masters Change of use of land for the storing and maintenance of mini buses and extension of use. (Retrospective) Land adjoining Noroyds, Wakefield Road, Barnsley

Councillor Kyte has requested this application be put before the Board. Four objections have been received.

Background

Since 1974 there have been a number of applications on this site. The most recent and relevant are as follows:

1988/0812 – Change of use from private repair garage to commercial repair garage - Granted

1990/1435 – Change of use from haulage yard to offices and workshops and siting of temporary offices – Granted

2006/1602 – Residential development of five dwellings (Outline) – Approved with conditions

Description

The site consists of a number of garages/workshop buildings and an adjacent dwelling. To the south of the site is Tipsey Court, a small residential development of four properties. To the north is open fields and countryside. The site fronts the Wakefield Road.

There is a public right of way which runs along the eastern boundary of the site which appears to be underused and poorly maintained.

Proposed Development

The authorised use of the premises is as a haulage depot. The current use which has already commenced is as a base for the Barnsley Dial a Ride mini bus service. In addition to the change of use it is proposed to extend the area of the site by the inclusion of a formerly grassed area adjacent to the Tipsey Court houses. It is understood the additional area is in different ownership.

Change of use of land for the storing and maintenance of mini buses and extension of use. (Retrospective)

In support of the application, the agent states that the hours of operation are from 7.30am to 10.00pm, with the number of typical daily movements to be 55 in and 55 out of the site. The application has been amended during the course of the application to include the additional land adjacent to Tipsey Court.

Policy Context

Unitary Development Plan – Housing Policy Area

83 Policy H8B - Planning permission will be granted for small scale, non residential uses in housing policy areas, and for the expansion of existing uses, if : a) there is no unduly harmful impact on the amenity of neighbouring and nearby residents by way of noise, disturbance, loss of privacy, traffic congestion or other forms of nuisance b) there is no unduly harmful visual impact on the character of the residential area; boundary trees, hedges and walls should be retained wherever possible; and the design of new buildings, or extensions should be to a good standard, relating to existing buildings in terms of appearance, siting, scale and materials c) there is no conflict with public safety on the highway and there is satisfactory provision where necessary for off-street parking, servicing and manoeuvring areas. where parking is to be provided in any area fronting a highway, that area should be provided with soft landscaping and screening where possible

Consultations

Highways DC – No objections subject to conditions

Representations

Objections have been received from each of the 4 Tipsey Court properties.

The main concerns are briefly outlined below:

• Visual impact of use upon Wakefield Road/Tipsey Court • Visual impact upon important gateway into Barnsley • Noise operation in a residential area – buses warming up, increased activity, reversing sirens • Increase in traffic on junction and impact upon highway safety • Increase in traffic • Impact upon PROW and loss of trees • Time of operations early morning (7am) until late evening • Security Lights • Oil spillages, ground pollution • Smell and pollution – diesel fumes • Ownership of land to the south • Both coaches and minibuses operate from site • Unspecified number of vehicles on planning application • Rubble left on PROW

Assessment

Material Consideration

Principle of development Residential Amenity Visual Amenity Impact upon Trees Highway Safety Impact upon Public Right of Way

84 Principle of development - The site is within a housing policy area and the underlying policy is for such areas to will remain in predominately residential use. Planning permission will be granted for small scale, non residential uses in housing policy areas providing there is no adverse impact upon amenity, there is no unduly harmful visual impact on the character of the residential area and there is no impact upon highway safety.

Residential Amenity - The authorised use of the site as a small transport depot has been taken into consideration when assessing the impacts. This use appears to have been a much smaller scale and did not include the additional land adjacent to Tipsey Court. From discussions with residents and photographic evidence, it is clearly the case that the Dial a Ride is not only more intense but the use also occupies a bigger site. Residents also claim the use is more disturbing.

The use is clearly contrary to policy in that the activity causes disturbance to residential properties. The use of the land for the parking and maintenance of minibuses (unspecified amount) cannot be described as a small scale non residential use especially as the hours of operation stated are from 7am to 10pm. The noise from the buses, smells and vehicular activity (55 trips in and out if the site daily) is considered to be seriously detrimental to the amenity of the adjacent dwellings and therefore contrary to Policy H8B.

Visual Amenity - The site is located adjacent to the Green Belt, however the use cannot be seen from the northern Green Belt boundary due to the existing trees and vegetation providing a significant landscape buffer. The agent has submitted a plan to show 2m high screen fencing along the boundaries of the site. Due to the elevated nature of the site the buses will still be seen from Wakefield Road and Tipsey Court.

Impact upon Trees - The applicant has indicated on the application forms that no trees would be affected by the proposed development. There are no Tree Preservation Orders within the site, and it is clear from the plans that no trees are to be affected by the use, due to screen fencing along separating the public footpath.

Highway Safety - The transportation section do not have any objections subject to conditions regarding visibility and surfacing.

Impact upon Public Right of Way - There is a public right of way which runs along the eastern boundary of the site which appears to be little used. It is difficult to establish the route of the footpath on the ground. The agent has shown that this will be made good and fenced off from the use. It is not considered that there will be any adverse impact upon the Public Right Of Way.

Recommendation

Refuse

1 In the opinion of the Local Planning Authority, the use is materially detrimental to the amenities of the occupiers of Noroyds and Tipsey Court, by reason of noise and disturbance arising from intensified use of the site and the increased area for the parking and storage of minibuses and is therefore considered contrary to Policy H8B (Non Residential Uses in Residential Areas) of the Barnsley Unitary Development Plan.

Also recommended: If Members are minded to accept this recommendation and refuse planning permission it is also recommended that enforcement action is taken to secure cessation of the use and removal of all vehicles etc from the extended area.

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Planning Application Number: 2008/0122 1:2500 Site Address: Land adjoining Noroyds, Wakefield Road, Barnsley

Development Description: Change of use of land for the storing and maintenance of mini buses and extension of use. (Retrospective) Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

86

2008/0483 Paul Winfield & Son Ltd Erection of two detached dwellings (Resubmission) Land off Dance Lane, Crane Moor, Sheffield

Thurgoland Parish Council and Councillor Barnard have objected to the application. 18 individual letters of objection have been received from neighbouring residents.

Background

A planning application for two by 3 storey detached dwellings with combined flat/monopitched roofs and integral garages was refused planning permission on the 16th October 2007, under planning reference 2007/1559, for the following reasons:

• In the opinion of the Local Planning Authority, the proposed site extends beyond the natural form of Crane Moor settlement and as a consequence will extend the built form of the village into an area more characteristic of open countryside. The proposal is therefore contrary to Policy WR7 of the UDP.

• In the opinion of the LPA the height, design and form of the dwellings proposed do not reflect the architectural context of the locality. As a consequence the proposal will appear architecturally incongruous and contrary to Policy BE6. In addition the siting close to the boundary of the Green Belt will be visually harmful to the open character of the Green Belt, contrary to Policy GS9.

• The proposed site is very close to an operational sewerage works with the very real potential for nuisance arising from odours, flies and service vehicles accessing the works. The proposal is therefore contrary policy ES2 of the UDP.

Site Layout and Description

The application lies on the southern edge of Crane Moor village. The land lies at the bottom of an embankment beyond Cliffe Lane and next to a gravel track that provides access to the local Sewerage Works. It is triangular in shape and slopes upwards towards Cliffe Lane, where the existing houses and bungalows are at a much higher level.

Proposed Development

The application seeks planning permission for two detached dwellings with integral garages. The designs show traditional sized 4 bed houses albeit with a more contemporary elevational treatment. The dwellings have been cut into the slope with their rear gardens backing onto Cliffe Avenue at a higher level. A raised terrace and private garden area would be to the rear of each dwelling which allows for the change in levels up to Cliffe Avenue. The dwellings are of a contemporary design with areas of glazing being prominent on the front elevation although the use of pitched roofs is intended to mimic existing properties. External materials have not been stated at this stage although the drawings indicate the use of vertical timber boarding on the frontage.

Policy Context

The site lies on the edge, but just within, the designated Housing Policy Area within the Unitary Development Plan. The site is just within the village but borders onto the Green Belt. The following policies would therefore be of consideration:

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Policy WR4 – new housing development restricted to small scale infilling, redevelopment and rounding off within defined ‘infill’ villages, which includes Crane Moor.

Policy WR7 – housing development must be appropriate to the existing form and character of the village, not utilise important spaces, and lie within or adjoining built up area.

Policy GS9 – requires that development conspicuous from the Green Belt should not , by reason of its siting. Material or design result in significant harm to the visual amenity of the Green belt.

Policy T2 – requires proposals to retain the free movement of vehicles and protect highway safety.

Policy BE6 – requires proposals to achieve good design standards that complement their surroundings.

Policy H8 – provides guidance on assessing the design and layout of housing and its impact on neighbouring amenities.

SPG2: The Design and Layout of New Housing provides the guidance on assessing residential developments whilst PAN34 provides guidance on Affordable Housing Provision.

Consultations

Environment Agency – No objections raised

Yorkshire Water – Are concerned at the very close relationship to the adjacent sewerage works and the potential this gives for smell and fly nuisance. In addition the siting of the dwellings may affect public sewers that are known to cross the site.

Head of Transportation – No objections in principle at the intensification of use of track is considered minimal.

Thurgoland Parish Council – Have objected to the application on the following grounds:

1. It is felt that the design of the proposed dwellings is not in keeping with the rural aspect of the village of Crane Moor.

2. The Parish Council wish to raise concern about highway safety at the access to the proposed development as it is on a blind bend, on a narrow road.

3. The development will be detrimental to the open character of the Green Belt.

4. The development is not in keeping with the visual amenities of Crane Moor as it extends beyond the natural form of the village and is not infill or 'rounding off'

5. The adjacent sewerage works pose the potential for problems arising with flies and odours as well as vehicles accessing the site.

88 Councillor Barnard has stated the following concerns with regards to the scheme:

1. The site is very close to the sewage works 2. Electricity cables are directly over the proposed site 3. The main village sewer runs directly underneath 4. This is the lowest point in the village and is very close to Crane Moor Dyke which runs alongside. During the severe storms of summer 2007 the area was badly flooded and there is the ever present risk that the sewage system might also flood. The Flood Risk Assessment refers to the risk of flooding from rivers or the sea as being less than 1 in 1000. A red herring in this case as Crane Moor is nowhere near the sea! It is excess surface water which caused the problems with Crane Moor Dyke and the Assessment does not address this risk. Significant numbers of properties in the Borough have been affected by flooding. 5. I understand that the land was at one time owned by BMBC and that the Council had tried to get outline planning permission prior to its sale by auction. Permission was refused but the land was subsequently sold with no permission. 6. Part of the land is on the Green Belt 7. Access to the site by road is limited and difficult.

Representations

There have been 18 letters of objection from local residents raising concerns on the following grounds.

• Development will extend boundary of village • Development will be visually harmful to green belt • Design not in keeping with village • Access is difficult • Overhead power lines cross the site • Potential for damage to drainage pipes during construction • Site is adjacent to sewerage works • Increase flood risk • Loss of privacy

Assessment

Material Consideration

Principle of development Design and layout Highway safety Residential amenity Drainage and relationship to sewerage works

Principle of development - The site is designated as within a Housing Policy Area and is adjacent to the residential cul-de-sac of Cliffe Avenue. However, the site is at the edge of the village and a previous application for housing was refused due to the village being unnaturally extended into an area that had a close affinity to open countryside.

The positioning and number of dwellings proposed has not changed significantly between the two proposals. The proposal is not considered to represent a ‘rounding-off’ of the existing built form as it’s relationship is more orientated towards Dance Lane and the Green Belt rather than Cliffe Avenue. The resubmitted scheme has therefore not adequately addressed the policy position set out in policy WR4 and 7.

89 Design and layout - The second reason for refusal on the previous application at this site was the following:

• In the opinion of the LPA the height, design and form of the dwellings proposed do not reflect the architectural context of the locality. As a consequence the proposal will appear architecturally incongruous and contrary to Policy BE6. In addition the siting close to the boundary of the Green Belt will be visually harmful to the open character of the Green Belt, contrary to Policy GS9.

The design of the dwellings has been simplified from the previous scheme. Standard pitched roofs are proposed and the rear elevations mimic the style of existing dwellings. However, the front elevations are contemporary with excessive glazing. The front elevation would be close to and extremely visible from the green belt and would be the introduction to the village from the south- east. With the site being so close the development will offer a hard built form and a design that conflicts with the architectural style of properties directly behind it. The proposed dwellings would therefore appear as overly prominent and discordant features detrimental to the visual appearance and setting of the village.

Highway Safety - The application proposes to utilise the existing track which serves the sewerage works. Considering the proposal is only for two dwellings it is not considered the level of traffic would be sufficient to raise road safety issues. The Council’s Transportation Section have raised no objections to the principle of the scheme.

Residential Amenity - The scheme provides the required distances from the Cliffe Avenue dwellings. This and the change in land levels will mean the proposed houses will not overshadow neighbouring dwellings. Therefore residential amenity is unlikely to be affected.

Drainage and relationship to Sewerage Works - Notwithstanding the reference to flooding in the objections to the scheme, the Environment Agency do not object. However the Yorkshire Water Services express concern at the potential for smell and fly nuisance from the sewerage works as well as the possibility the houses might be sited over a public sewer.

“The proposed development site is within 10 metres of an operational sewage works, therefore there is always a risk that future occupiers will experience a loss of amenity due to odour and flies although YWS has no recorded history of complaints regarding odour or flies from residents who currently live close to the WwTW.” The resubmitted scheme does not significantly alter the position of the dwellings in relation to the sewage works and as such this concern still exists.

Recommendation

Refuse

1 In the opinion of the Local Planning Authority, the proposed site extends beyond the natural boundaries of Crane Moor village and as a consequence will extend the built form of the village into an area more characteristic of open countryside. The proposal is therefore contrary to Policy WR7 of the UDP.

2 In the opinion of the LPA the height, design and form of the dwellings proposed do not reflect the architectural context of the locality. As a consequence the proposal will appear architecturally incongruous and contrary to Policy BE6. In addition the siting close to the boundary of the Green Belt will be visually harmful to the open character of the Green Belt, contrary to Policy GS9.

90 3 The proposed site is very close to an operational sewerage works with the very real potential for nuisance arising from odours, flies and service vehicles accessing the works. The proposal is therefore contrary policy ES2 of the UDP.

4 A public sewer may be affected by the siting of the proposed dwellings. In the absence of a definitive survey to prove otherwise the proposal would potentially jeopardise the ability of the Yorkshire Water Services to satisfactorily maintain the public sewerage network.

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Planning Application Number: 2008/0483 1:1250 Site Address: Land off Dance Lane, Crane Moor, Sheffield

Development Description: Erection of two detached dwellings

(Resubmission) Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Officer@Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264-2006

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