DONCASTER METROPOLITAN BOROUGH COUNCIL Agenda Item No 5. Date: 28th October 2008 To the Chair and Members of the PLANNING COMMITTEE PLANNING APPLICATIONS PROCESSING SYSTEM Purpose of the Report 1. A schedule of planning applications for consideration by Members is attached. 2. Each application comprises an individual report and recommendation to assist the determination process. Human Rights Implications Member should take account of and protect the rights of individuals affected when making decisions on planning applications. In general Members should consider:- 1. Whether the activity for which consent is sought interferes with any Convention rights. 2. Whether the interference pursues a legitimate aim, such as economic well being or the rights of others to enjoy their property. 3. Whether restriction on one is proportionate to the benefit of the other. Andy Gutherson Assistant Director of Development and Planning Directorate of Development and Planning Contact Officers: Mr M Roberts (Tel: 734897), Mr G Stent (Tel: 734994) and Mrs D Holgate (Tel: 734925) Background Papers: Planning Application reports refer to relevant background papers Summary List of Planning Committee Applications ( 4 ) NOTE:- Applications are in NUMERICAL order except those deferred from previous meetings for a Site Visit which are marked 'SV' and appear first and Major Proposals which are marked ‘M’. Schedule Application No Ward Parish No 1. SV 08/02273/FULM Edenthorpe, Kirk Sandall Barnby Dun /Kirk Sandall Parish And Barnby Dun Council 2. M 08/01147/FULM Bentley 3. 08/01148/FUL Sprotbrough Brodsworth Parish Council 4. 08/02491/FUL Sprotbrough Adwick -on-Dearne Parish Council Schedule No: 1. Application No: 08/02273/FULM Ward Edenthorpe, Kirk Sandall Parish Barnby Dun /Kirk Sandall And Barnby Dun Parish Council Proposal Erection of 14no houses and garages in a mews court comprising of 12no town houses and 1no apartment and 1no detached house on approx 0.32ha of land following demolition of existing buildings Location Torre Nova, Station Road, Barnby Dun, Doncaster Applicant Manor Homes Ltd Agent R W Saxton Date of Valid Application: 25th July 2008 ****APPLICATION PREVIOUSLY CONSIDERED BY PLANNING COMMITTEE**** THE ABOVE APPLICATION WAS CONSIDERED BY THE PLANNING COMMITTEE ON 07/10/08 AND WAS DEFERRED FOR A SITE VISIT ON 24/10/08. MEMBERS RESOLVED TO DEFER THE APPLICATION FOR A SITE VISIT TO ASSESS THE IMPACT ON THE CHARACTER OF THE AREA AND RESIDENTIAL AMENITY AND TO IDENTIFY THE BOUNDARY OF THE COUNTRYSIDE POLICY AREA / OPER SPACE POLICY AREA. A VERBAL REPORT ON THE OUTCOME OF THE SITE VISIT AND THE RESULTANT RECOMMENDATION WILL BE PRESENTED AT THE MEETING. =================================================================== MAIN POINTS OF REPORT * The planning application is being presented to the Planning Committee due to significant public interest and because it is a departure from the Doncaster Unitary Development Plan (1998). * The proposal is a resubmission of application 08/01286/FUL, which was withdrawn principally to address concerns expressed by the Environment Agency in relation to Flood Risk and the Urban Design Team. The new proposal now proposes a row of houses that front onto Meadowfield Road, where previously these buildings presented the backs of the dwellings onto the street scene. Previous objections from the Environment Agency on flood risk grounds have also now been withdrawn. * The density of the development is calculated at 43 dwellings per hectare. Although the density of the development is higher than that of the immediate surroundings, on balance, the application is deemed to be acceptable as it will not be significantly detrimental to the character of the area and makes efficient use of land. * Planning permission has been granted for the erection of two detached dwellings (08/01920/FUL) on a plot of land to the south-west of this site. This current scheme for 14 dwellings has been designed to ensure that there is no overlooking of the 2 dwellings approved under Ref. 08/01920/FUL. * 7 individual letters of representation have been received in opposition to the proposal. * The site is primarily located within the Residential Policy Area, as defined by the Doncaster Unitary Development Plan (adopted 1998). A small part of the application area is also designated as Countryside Policy Area and Open Space Policy Area. Exceptional circumstances have been demonstrated to show that the demarcation of the Countryside Policy Area and Open Space Policy Area has been erroneously designated. This error has been carefully considered and agreed to by the Local Authority. * National planning policy relevant to this application is PPS1 - Sustainable Development, PPS3 - Housing and PPS25 - Development and Flood Risk. Regional planning policy relevant to this application is ENV5 - Energy. Doncaster Unitary Development Plan (1998) policies applicable to the consideration of this application are PH 11 - New Housing Development, PH 13 - Residential Standards, ENV52 - Design of New Buildings, T5 - Highways and RL4 - Local Public Open Space Provision. * The Doncaster Strategic Flood Risk Assessment (Sept 2005) defines the site as lying within Flood Risk Zone 1 (Low Risk). * Provision for the payment of a commuted sum in lieu of public open space is to be secured by the signing of a section 106 legal agreement. * In summary, the proposed development is considered to be of an appropriate density and layout, which will not be harmful to the character of the surrounding area. The design together with a number of conditions will ensure that the amenities of occupiers of neighbouring properties are protected. The proposal is considered to be an efficient use of the site and is thus considered to be acceptable, subject to conditions. RECOMMENDATION - PLANNING PERMISSION BE GRANTED SUBJECT TO THE COMPLETION OF A LEGAL AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) MEMBERS RESOLVE TO ENDORSE THE FOLLOWING STATEMENT TO ACCOMPANY THE DECISION NOTICE (SUBJECT TO SUCH AMENDMENTS AS MAY BE AGREED BY MEMBERS AT THE MEETING): STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION The Local Planning Authority has decided to grant planning permission :- 1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations: PPS1 - Delivering Sustainable Development PPS3 - Housing PPS25 - Development and Flood Risk ENV5 - Energy ENV4 - Countryside Policy Area RL1 - Open Space Policy Areas PH11- Residential Development in Residential Policy Areas PH13 - Standards of residential development ENV52 - Design of New Buildings T5 - New development and traffic generation RL4 - Local Public Open Space provision 2. For the following reasons: Having taken into account all the material planning considerations including those raised in the representations and consultation responses, against the policy background referred to, it has been concluded that the proposed development is acceptable subject to the requirements of the Section 106 Planning Obligation and the attached planning conditions. The Local Planning Authority is satisfied that the redevelopment of this site for residential purposes is in accordance with national, regional and local planning requirements. The residential development will comprise a mix of house types, which have been designed to protect the amenity of neighbouring properties. The proposed access and levels of parking are considered to be acceptable and will not have a detrimental impact on the highway network and will not prejudice highway safety. The sustainable location of the development and the incorporation of renewable energy into the scheme ensures that the scheme is sustainable. The proposal is, therefore, considered to be acceptable subject to appropriate requirements and safeguards as set out in the Section 106 Planning Obligation and the planning conditions. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the Doncaster Unitary Development Plan, taken together with advice in the relevant national and regional planning policy guidance, justifies residential development in this location on the scale proposed. ==================================================================== Introduction 1. The application is a re-submission of previous planning application (Reference 08/01286/FUL), which was withdrawn on the 2nd July 2008 in relation to concerns over flooding and design. The application seeks permission for the erection of 14 houses and associated garages. The proposed dwellings comprise 12 town houses, 1 apartment and 1 detached house on approx 0.32Ha of land. All the proposed dwellings are two-storey in height and all existing buildings are to be demolished. Access will be gained into the site by the formation of a new access road off Meadowfield Road. Site and Surroundings 1. This is a Brownfield site that currently houses 'Torre Nova' - a large, 1970's, four-bedroom detached bungalow that sits predominantly in the western part of the application area. Access to the site is currently located to the west of the site and is accessed from Station Road. There are two existing outbuildings in the south-eastern part of the site currently used as a bar and a workshop. An existing detached double garage is also located in the northwest corner of the site. There was until recently a large pond located in the middle of the site, which has now been filled in.