Chesterfield Road Report 9280

Report 09-370 Barlborough Developments (2).doc 15

Planning Committee 18th August 2010

Agenda Item No. 6(i) PARISH Barlborough __________________________________________________________________________ APPLICATION Residential and commercial development (business, industrial and

warehousing, Class B1, B2 and B8) including new roundabout and associated roads

LOCATION Rear Of 16 To 124 and South West of 124 and Between Brickyard Farm and Barlborough Links Chesterfield Road Barlborough

APPLICANT Barlborough Developments Ltd 91 Conway Drive Shepshed Leicestershire LE12 9PP

APPLICATION NO. 09/00370/OUTMAJ FILE NO. H6200 / H7402 CASE OFFICER Mr T Ball DATE RECEIVED 15th July 2009 __________________________________________________________________________ SITE A two part site either side of Chesterfield Road to the south west of Barlborough. Land to south east of Chesterfield Road was previously a railway cutting and brick yard subsequently filled with waste and grassed over, more recently used for car boot sales. This area adjoins Barlborough Links Business Park with office/warehouse/workshop units to the north eastern side and larger industrial/warehouse units to the south eastern side. The land is more elevated in the landscape than Barlborough Links. There are two houses and agricultural land to the south western side. The land to north west of Chesterfield Road behind the existing Chesterfield Road residential properties is generally overgrown and underused agricultural land with some horse grazing. This includes an area of allotments which are overgrown and long abandoned. Land at western end formerly part of railway cutting, filled with waste and subsequently made available for agricultural uses; this area is within the green belt. Behind 124 Chesterfield Road (also known as Hawthorns Farm and recently as Wishfield house) is an area of land up to the motorway boundary used as a material and scaffolding store for various businesses being carried out from the related premises fronting Chesterfield Road. Following enforcement action this area has recently been substantially cleared. This north-western area of the application site adjoins the M1 motorway along the north western boundary with open views of the countryside beyond. The A616 dual carriageway link road between the Chesterfield Road roundabout and the M1 junction 30 adjoins to the north east boundary with the main part of the village of Barlborough beyond. There is a landfill gas extraction system in place on both parts of the site which have been subject to waste filling, with a gas flare stack adjacent a site entrance off Slayley Lane. PROPOSAL Outline planning application on 12.01ha of land with all matters except access reserved for future approval.


A mixed development scheme consisting of residential and commercial development either side of Chesterfield Road Barlborough. Land to south east is for commercial development (B1, B2 and B8 units). Land to north west of Chesterfield Road behind the existing Chesterfield Road properties to be residential development. Triangular area of land at western end (between motorway, Chesterfield Road and No.124), i.e. green belt area, to be left in open uses, but with roundabout on Chesterfield Road and access road to provide access through this open area into the proposed residential development. Roundabout also provides access to commercial development to the south east side. The residential element provides for a maximum of 150 dwellings on 4 hectares of land (37 per hectare). To include 50 affordable homes (33% provision overall) for the people of Barlborough only. As a result contributions offered for formal sports and recreation provision and for education based on 100 houses since 50 dwellings are for residents already present in the village. Commercial element provides 15,850 sq m gross floorspace of which 1,600 sq m is proposed for B1 uses, potentially employing 600 overall. Various supporting reports and documents submitted with the planning application including a draft S106 Planning Obligation: Design and Access Statement This assesses the context, evaluates constraints and opportunities and develops a development strategy and vision outlining the amount of development, layout, scale, appearance and green infrastructure as illustrated on a masterplan. Reference is made to other documents submitted with the application and the conclusions used to inform the masterplan and design principles. The masterplan and principles include 5.11 ha of residential development with a mix of dwelling types and 50 affordable homes (2 – 3 storey); 4.4 ha employment land (0.67 ha B1 use in five 2 -3 storey buildings at highest part of site, 3.31 ha B2 and B8 uses in five 12m high units to the site edges adjoining the existing business area) equipped children’s play area at entrance to residential area (0.3 ha); approximately 4 ha of green infrastructure including the public open space areas, retained vegetation, amenity and conservation grassland and pedestrian movement routes; a hierarchy of interconnecting street types; sensitive edge treatment where units face the countryside; and focal points at entrances to the development and within; balancing pond for surface water drainage in the green belt open space area linking to the existing pond in this area; some existing hedgerows retained and enhanced. Style of dwellings to be sympathetic to a vernacular style within Barlborough, utilising red brick as the main material. Employment buildings to be of a similar style to those on Barlborough Links adjoining. Sustainability addressed through: 50 houses for local community to encourage a sustainable community (social inclusion and community identity); bringing into beneficial economic use of former tip; encouraging improvements to habitat on poor grassland area; location adjacent to bus stops on Chesterfield Road with linking footways and cycle paths; and sustainable urban drainage system for surface water run-off. Steps to minimise CO2 emissions listed. Development Considerations, Effects and Opportunities This report summarises the finding of separate Ecology, and Landscape and Visual studies undertaken incorporating relevant archaeological information. The majority of the site constraints are due to landscape and visual factors. As much of the site is infill there is little chance of finding any archaeological artefacts on site. Ecological constraints are really factors to aid design of a successful site layout incorporating existing hedgerows and vegetation. Visual constraints relate to receptors close to the site boundaries therefore


require careful consideration. Impact of roof design needs consideration to avoid harmful impacts when viewed form Clowne. New planting along the M1 will help screen views of the site and also hide the M1 from the site. Stability and contamination issues are considered elsewhere. Landscape and Visual Preliminary Appraisal Detailed report to assess landscape character and sensitivity, and visual amenity and sensitivity as summarised in the Design & Access Statement and Development Consideration Reports described above. Ecological Appraisal This report provides details of a Phase 1 habitat assessment used to inform the Design and Access Statement. Majority of the site is poor semi-improved grassland; south eastern side is mown and heavily rabbit grazed; north western side has been left to grow rank with a slightly lower species diversity. There are some species poor hedgerows and scrub, a few trees and a pond. The pond was surveyed for great crested newts, none were found; it is considered a sub-optimal habitat for them. No amphibians were recorded. Bee orchids are present on both parts of the site, if necessary those in the south eastern part could be translocated to the north eastern site to the area of proposed public open space. Mature trees and Hawthorne Farm buildings provide potential bat roosts. No SSSI’s or other designated wildlife sites are likely to be affected because of distance and severance by major roads and other development. Two areas of Japanese knotweed in the south west corner of the northern site need to be dealt with as under S14, schedule 9 of the Wildlife And Countryside Act 1981 it is an offence to cause it to grow in the wild and under the Environmental Protection legislation it is classed as a ‘controlled waste’. New planting should be of native species and hedgerows, trees and areas of grassland should wherever feasible be retained and enhanced. Transport Assessment Access to the development will be from a new roundabout on Chesterfield Road into both parts of the site. A Travel Plan will be needed to manage trips to and from the development in the most sustainable manner. A framework Travel Plan is included with the application documents. Mitigation may be required at the A616/A619 roundabout and J30 of the M1. The TA identifies a scheme involving signalisation of the entry from Chesterfield; this has not been agreed with the local highway authority Derbyshire County Council (DCC). Also mitigation proposed for J30 has not been agreed with the Highways Agency (HA) due to disagreements over the form of modelling used. A mitigation package for this development and for the Steetley Regeneration scheme using a different modelling approach has been identified involving:

• Signalisation of 2 arms of the A616/A619 roundabout (arm from Chesterfield and that from J30);

• signalisation of the southbound off-slip at J30; and

• revision of road markings at J30. Travel Plan (also submitted as an appendix to the transport assessment) This sets out potential measures and indicative targets which will need review once end users are known (non-residential area) and base travel survey data has been collected, to encourage sustainable means of travel. Applicant to be responsible for the implementation and maintenance of the plan with an appropriate budget, including appointment of a development travel plan co-ordinator for a minimum of 5 years. Core measures are provision


of information, car sharing through carsharederbyshire.com and one month bus travel tickets for new employees and first occupying residents. Further list of potential measures if targets not met. Sustainablility Assessment This is summarised in the Design and Access statement. Noise Report This considers noise exposure for the residential element of the development particularly from motorway traffic noise. The results place the site in noise exposure category ‘C’ for both the day time and night time periods. Mitigation proposed of an acoustic barrier (typically an earth bund or a combination of earth bund and solid fence), between the motorway and the development, which could be within the 20m protection zone along the site/motorway boundary, typically constructed to a height of 5m above existing ground levels, would reduce noise exposure at night to NEC ’B’. A second mitigation measure suggested is to ensure suitable glazing systems with a powered forced ventilation system. Flood Risk Assessment The only risk of flooding is surface water run-off to and from the development. The risk of flooding will increase from the impermeable areas of the development. Attenuation is to be provided within the site to accept run-off from the residential and commercial areas. On the residential side a pond will be provided within the open space with additional flood storage by using the open green space (green belt area). The commercial side will have an underground storage tank which will discharge into the Barlborough Links drainage network, with car park areas used for additional flood storage. Air Quality Screening Assessment Exposures to nitrogen dioxide or particulate matter emitted from road traffic does not place a constraint on the development other than land within 10 – 20m of the western boundary (alongside the M1 motorway). Within this 20m band exposure of relevant receptors (residential properties) might be a constraint, further assessment would be appropriate in such a situation. The illustrative masterplan proposes a green margin along this side of the site. The operation of the proposed development would not have a significant impact on annual mean concentrations of nitrogen dioxide at the single property within the Chesterfield Road AQMA in Barlborough. Pre- Application Consultation Report In addition to consultations with officers and local councillors an exhibition was held at the Ibis Hotel in July 2009. Letters had been sent to Chesterfield Road residents, the local District Councillors and the Parish Council Chairman and Clerk, and leaflets distributed to the rest of the village. 110 visitors attended the exhibition. No one raised any objection to the residential element of the scheme, there was broad support for the social housing element. Many supported the view that the social housing should be for the benefit of people living in Barlborough. General concerns were in relation to traffic and pedestrian movements to and from the site. Also raised were issues of boundary treatment, surface treatment of new pedestrian links, and a desire to ensure sports and education contributions are spent for the benefit of the people of Barlborough.


Phase 1 and Phase 2 Geo-Environmental Assessment Reports. Ground investigations identified a number of pollutants including a range of metals and hydrocarbons in landfill waste. High concentrations of landfill gases methane and carbon dioxide were recorded. Risks posed by soil and water contamination to human health are assessed as very low to low with the exception of risks posed by organic vapours from made ground and landfill waste which are moderate /low. Human health risks to future site users and construction workers from ground gases have been assessed as high. Various recommendations are made to reduce the risks including excavation, capping, re-instatement of the gas extraction system followed by a period of monitoring, use of membranes and foundation design. Draft S106 Planning Obligation. Provision of 33% affordable housing with a mix of social rented and intermediate rented housing and a mix of dwelling types, for people of Barlborough. Provision of on-site children’s play area and amenity open space, not less than 3000 sq m of which 400 sq m will be equipped with play facilities for children (5 pieces). Integrated transport contribution of £15,000 for the provision of a bus shelter to serve the site. Education contribution staged payments to a total of £225,340 to increase the net capacity of schools within the Barlborough area by 20 places. Off-site sports provision staged payments to a total of £74,700 for the improvement/provision/maintenance of sports facilities in Barlborough. AMENDMENTS Residential element to accord with level 4 of the Code for Sustainable Homes. 11.08.09 Revised outline drainage strategy which relocated the surface water detention basin to avoid the children’s play area as shown on the masterplan for the development. 07.01.10 Highway improvement proposals showing A619/A616/Chesterfield Road roundabout (traffic light controls at Chesterfield Road entrance and A616 entrance from motorway side plus some widening, also shows possible signal controlled pedestrian crossing across A616 link to M1) and alterations to M1 junction 30 roundabout (traffic lights to southbound exit slip off M1 and changed road markings) being the same proposals as prepared for the Steetley regeneration proposals at these two junctions. 04.01.10 Updated gas risk assessment including additional gas monitoring up to 10th September 2009. No change to the findings in the original report. Includes precautionary gas protection measures to be included in the construction of the buildings. Notes that the owner is re-instating the active gas extraction system to resume extraction of the landfill gas; further monitoring will be required. 17.09.09 Additional air quality assessment information. Considers impact on Orchard Close AQMA and other sensitive receptors along the A616 and motorway. The imperceptible nature of the predicted increase in air pollutant concentrations would result in an impact of negligible significance on these receptors. 06.10.09 Additional air quality data and assessment. 08.02.10, 26.05.10.


Risk assessment addressing lateral migration of ground gas to the proposed residential area along with outline engineered solutions to mitigate the risk. 11.01.10 and 15.02.10 Applicant states it is not reasonable to install more bore holes at this stage in view of the significant addition in cost, own consultants consistently stated that the site is safe for residential development and that any issues can be resolved by engineering means. Would not wish to develop the site if it was not safe, consultants would advise otherwise if they were not confident it was not safe. Behaviour of people on the open space is not a planning issue. 12.05.10. Addendum to Design & access Statement (04.12.09). Provides additional information including:

• pedestrian access between terraces not to be provided;

• additional footpath to south side of 124 Chesterfield Road between Chesterfield Road and proposed play area at entrance to residential area;

• parking and tree planting principles;

• pedestrian link to north of site to include footway alongside A616 to connect to existing footway;

• pedestrian/cycle link from commercial area to Slayley Lane;

• potential for pedestrian link from commercial area to High Hazels Road;

• local vernacular architecture illustrated with photographs;

• employment units to show a reduction in carbon dioxide emissions over current Building Regulations.

Breeding Bird Survey Report (submitted 19.07.10). 38 recorded species 7 of which are breeding on site. Proposal is expected to have a minor negative impact on the grey partridge (red listed/UKBAP species) and negligible impact on the local populations of 4 open farmland species (linnet, skylark, yellow hammer and reed bunting). Beyond the construction phase positive residual impact on 4 notable species (house sparrow, starling, song thrush, - red listed - and dunnock – amber listed). Proposed green infrastructure with the retention of existing vegetation and provision of new areas (hedgerows, grassland and pond habitats) along with the new resource of residential gardens will provide some compensation for the loss of suitable breeding and foraging habitats. Reptile Survey Report (submitted 19.07.10). No reptiles recorded over 7 surveys during April – July. No mitigation necessary. HISTORY Relating to Hawthorne Farm/Wishfield House/124 Chesterfield Road and related land: 04/00615/FUL: Change of use of land and buildings to a garden centre including manufacture of garden related products, coffee shop and storage of scaffolding. Approved 24.11.04 03/00105/FUL: Change of use of land and buildings to garden centre and manufacture and sale of garden related products, coffee shop, auction room and storage of portacabins and scaffolding. Refused. 11.11.03. 01/00155/FUL: Change of use to light industrial (B1). Approved 18.12.03. 00/00241/FUL: Conversion of farm buildings to 4 dwellings. Approved 25.6.01. BOL490/224: Change of use of house and barns to Business use (B1). Approved 20.11.90


BOL290/100: Change of use of farm buildings to 3 dwellings. Refused 12.6.90. BOL378/134: Erection of building for use as slaughter house. Approved. 31.10.78. Relating to land to rear of Chesterfield Road dwellings off A616: 98/00229/OUT: Employment related development (B1, B2, B8). Refused 10.11.2000 BOL9408/0322: Service station comprising restaurant, shop, toilets, 41 bedroom lodge, petrol filling station, and associated car/lorry park. Withdrawn. BOL 589/312: Service station comprising restaurant, shop, toilets, 41 bedroom lodge, petrol filling station, and associated car/lorry park. Approved 14.09.89. BOL 1088/511: Outline application for motorists facility comprising petrol filling station, shop, restaurant, lodge, picnic area, and access. Approved 18.01.89. BOL9510/0329: Retention of use of land for siting of mobile snack bar on layby on westbound carriageway of A616. Approved 15.01.98. Relating to former railway and brickyard: 04/00225/FUL: Change of use of land for car boot sales. Refused 03.06.04. 03/00425/FUL: Change of use of land for car boot sales for 28 days. Refused 16.08.03. BOL 688/324: Use of land for waste disposal to give continuity of finished contour levels with adjacent agricultural land. Objection from Bolsover District Council, 25.08.88. BOL 787/334: Construction of access Road to existing waste disposal site. Approved By Derbyshire County Council 11.05.88. BOL 378/136: Use railway cutting for tipping waste including domestic refuse. Approved 16.01.79. BOL 276/99: Fill cutting with notifiable materials or dry solid non-notifiable general industrial waste materials. Refused 20.07.76. CLO 571/10: Tip domestic refuse. Granted by Derbyshire County Council 17.11.71. CLO 769/7: Filling station and workshop. Refused 29.10.69. CONSULTATIONS Leisure Services: Main area of public open space is bisected by the main access road into the site, not ideal as the POS is peripheral to the development with limited surveillance. Design & Access statement shows the proposed children’s play area where surveillance is possible. Play area should at least be LEAP standard ideally NEAP standard. Development will see the loss of 0.64ha of allotments but in private ownership and little evidence of active gardening. It is the only allotment site in Barlborough. Barlborough population plus that of the development should generate demand for 1.17ha of allotments (based on 15 plots per thousand residents). Requests commuted sum for formal sports and recreation provision (£112,050 for 150 dwellings at 2009 prices). 10 years maintenance costs for on-site provision. Requests per cent for art. Proposal does little to address the lack of pedestrian and cycle connectivity through Barlborough. Proposals should include pedestrian/cycle path across the proposed open space between the residential area and the roundabout, a link through the employment area and into Midland Court and use of the proposed emergency access at the northern end of the residential area to provide links to the village. 06.08.09 Environmental Health Officer: No objections in relation to Health & Safety and Food Hygiene issues. 11.08.09


East Midlands Development Agency: Supportive of employment elements, will assist in achieving a priority action of the Regional Economic Strategy (RES) to supply quality employment sites, proximity to M1 makes this an attractive location. Welcome the provision of green infrastructure. However several issues: note that not allocated in the Local Plan, part within the Green Belt, but note that this area is for open space; need to consider potential harm to biodiversity, provision and deliverability of the necessary supporting infrastructure, and the potential for increasing the need to travel in view of the edge of settlement location. Assume the Council is determining whether this is the most appropriate location for this type of development, and no suitable alternatives exist. Question whether this is the most suitable location for housing given the proximity to the M1. particularly in terms of visual amenity and noise issues. It will be for your local authority to decide whether this is the right location for this scale and type of development given some of the issues identified above. 26.08.09 Highways Agency: Concerned with 3 aspects; traffic impact, drainage and air quality issues. Until these issues are addressed unable to provide a substantive response. 27.08.09 Further response: Confirm that the principle of the development is acceptable; however there is the potential to generate unacceptable negative impacts on the nearby trunk road network, specifically J30 of the M1. The impact of the development requires works to be carried out to both the motorway junction and the ‘Treble Bob’ roundabout. Directs conditions: No occupation until works broadly shown on drawings WC/EW/00/06/0004/A05 and WC/EW/00/06/0002/A06 completed (Junction 30 roundabout and ‘Treble Bob’ roundabout); development to take place in accordance with Framework Travel Plan. 30.11.09 East Midlands Regional Assembly: Location, scale and nature of this proposal would not prejudice the implementation of the relevant policies and would be in general conformity with the RSS. [However these comments appear to be based on a misinterpretation of the location of the site believing it to be within the settlement framework of Barlborough as defined in the Local Plan.] 27.08.09 Environment Agency: requires conditions: scheme to improve the existing surface water disposal system; contaminated land condition with verification plan and report; monitoring maintenance and contingency action reports in accordance with a long term monitoring and maintenance plan; unexpected contamination; piling or other foundation designs using penetrative methods not permitted other than with express consent of the local planning authority; scheme for foul drainage; use of petrol and oil interceptors; bunding for all chemical and oil storage. Notes that landfill site accepted domestic and commercial waste, non-hazardous industrial waste, waste from the construction industry and sewage press cake material, with known potential for landfill gas. 24.08.09 Local Education Authority (DCC): Within the normal catchment area of Barlborough Primary School and Heritage School. Proposed 150 dwellings expected to generate approximately 30 primary pupils and 22 secondary pupils. Heritage School currently has surplus places, however Barlborough Primary School is currently oversubscribed by 18 pupils and is projected to remain over subscribed. Additional 30 pupils would have a significant impact, contribution of £338,293.20 required to address issues of accommodation. 19.08.09 County Archaeologist (DCC): No archaeological desk-based assessment or heritage statement with application. Area has not been subject to a great deal of archaeological scrutiny; current lack of evidence does not reflect a lack of past activity. Consequently,


archaeological potential within the site. Recommends a programme of archaeological field evaluation. Suggests conditions. 28.08.09 Derbyshire Wildlife Trust: Not aware of any nature conservation interest, although records of grass snakes in the vicinity. Survey submitted carried out at a sub-optimal time, does not provide an accurate and reliable overview of the ecological status of the site. Survey notes: that mature trees and farm buildings could be used for roosting bats; no great crested newts; no breeding bird information; no specific survey work for reptiles; Bee orchids recorded; allotment site not surveyed as too overgrown; two stands of Japanese knotweed noted. Not possible to fully assess the potential impact of the proposed development on any nature conservation interest. Advise that the ecological information submitted is deficient and needs to be addressed before an accurate assessment of the impact of the proposed development upon any nature interest can be reached. Request clarification of timing of the botanical recording and exact distribution details of the bee orchid population to inform retention or translocation options. In relation to bats, confirmation of trees to be removed required, supports recommendation for a full inspection of trees to be removed with an emergence survey prior to determination. Need information of the presence of breeding birds. Surveys to determine the presence or absence of reptiles needed. Support flood alleviation pond to link to the existing pond to create additional wetland habitat. Supports the retention of hedgerows, trees and grassland. Recommend the production of a habitat management plan. welcome the use of native species. A Japanese knotweed eradication methodology is essential. 08.09.09 Derbyshire County Council (Strategic Planning): The Northern Sub Regional Employment Land Review identifies employment land to the south of Barlborough, application site will contribute to the employment needs of Bolsover District. Also accords with East Midlands Regional Plan policies. Housing will add to supply, but in the terms of East Midlands Regional Plan is not in an area identified for housing growth unless it is of a scale appropriate for this location and aids the regeneration of Barlborough and meets local needs. 09.09.09 Head of Regeneration (BDC): No comments received. Local Highway Authority (DCC): Submitted transport assessment considers the effect of committed development including Steetley Phase 1, Van Dyk Hotel and Garden Centre and unoccupied Barlborough Links plots; it does not include the cumulative impact of the Steetley Masterplan proposals. Significant capacity problem at the ‘Treble Bob’ roundabout. The base model information within the TA is not accepted due to the complex lining in the roundabout and the imbalanced entry flows. Proposed single signalisation of Chesterfield Road arm is not acceptable. However in the conclusion to the TA reference is made to the micro-simulation model being considered as part of the Steetley application. Suggests a condition requiring full implementation of improvements to the ‘Treble Bob’ roundabout as proposed in the micro-simulation model prior to occupation on any part of the site (residential or commercial). Proposed roundabout serving both areas of development accepted in principle subject to detailed design and safety audit. Footways should link to existing Chesterfield Road footways. Existing bus stops some distance from the extremes of the development, consideration should be given to provision of closer stops. No turning area shown on commercial Access Road, essential there is such provision. Would benefit from pedestrian/cycle links to rest of Barlborough Links and onto Slayley Lane. With respect to


residential area, emergency access no longer essential provided internal layout has appropriate permeability. Emergency access shown would provide appropriate pedestrian/cycle access which could link up to the signalised roundabout giving the opportunity for a formal pedestrian crossing. Suggests pedestrian link shown between terraced properties on Chesterfield Road could be closed to vehicles and made available only for pedestrians and cyclists with alternative residents vehicular access through the new development, which would close an existing undesirable vehicular access onto Chesterfield Road. Level of parking on the Commercial area is considered to be low. Subject to these issues, proposal is acceptable in principle subject to conditions: New access before any other development; no occupation unless an approved signalisation scheme for ‘Treble Bob’ roundabout implemented; no occupation until an approved package of measures to improve pedestrian links to Barlborough implemented; no occupation of a dwelling unless new street constructed to base course, lit and drained; Commercial units not occupied unless parking, servicing areas, etc constructed; site compound details; facilities to stop deposit of extraneous material on the public highway; Travel plan for commercial premises. 08.10.09 Barlborough Parish Council: Detailed 15 page letter of objection prepared by a Planning Consultant which concludes: The Parish Council objects to application 09/00370/OUTMAJ for planning permission for residential and commercial development including a new roundabout and associated roads at rear of 16 to 124 and south west of 124 and between Brickyard Farm and Barlborough Links, Chesterfield Road, Barlborough for the following reasons:

i. Planning policy – the application site is not allocated for such development in the current Development Plan and the application should therefore be refused in accordance with the 2004 Planning and Compulsory Purchase Act.

ii. Residential Land Supply is sufficient to meet the requirements of PPS 3 regarding a 5 year housing land supply and there are no overriding circumstances to depart from the Development Plan.

iii. Approving the current application would clearly pre-empt the preparation of the Bolsover Local Development Framework.

iv. The application site is unsuitable for residential development because high noise levels generated by motorway traffic from the M1 mean the site is classified as Category C and according to government guidance should not be used for housing.

v. Air quality similarly is very unsatisfactory because of traffic emissions from the M1 Motorway.

vi. Significant traffic and transportation implications have not been adequately addressed by the applicants.

vii. Affordable Housing provision is required on any site of 25 or more dwellings and should not be used to justify allocating a site for development which is contrary to the Development Plan.

viii. Section 106 benefits should not be used to justify a proposal which is unacceptable on planning grounds. 05.10.09

Urban Design Officer: Overall the layout shown on the Illustrative Masterplan results in an interesting residential layout which has the potential to create a development with a sense of place.

• The layout should be conditioned to be in accordance with principles and Illustrative Masterplan set out within the Design and access Statement, unless variations are otherwise first agreed in writing by the LPA.


• A condition requiring more detailed information regarding the street type designs, including indicative sections, and hard and soft landscape treatment should form part of any planning permission.

The proposed range of residential building heights and their locations within the scheme are considered to be appropriate. Employment buildings are to be up to 12m in height, although their bulk and scale is more substantial. These would occupy the higher parts of the site and are potentially more visible in the wider landscape. • Building Scale parameters should be conditioned in accordance with those provided within

the DAS unless variations are otherwise first agreed in writing by the LPA. Landscaping is a reserved matter and no specific details are provided. However, a green infrastructure network is identified and described. Given the peripheral nature of this site on the edge of Barlborough, the retention of existing trees and hedges is an appropriate principle that will assist in assimilating the development into the landscape. The landscape margin to the M1 is also an important element to soften the visual appearance of any buildings. Tree planting would also assist with the longer term mitigation of the visual impact of the development. • In the event planning permission is granted landscaping should be conditioned to be in

accordance with the proposals identified as part of the Green Infrastructure Network. • Landscaping conditions should also be included requiring details of all landscaping

proposals (including trees and hedges to be retained) and their implementation and maintenance should be attached to any such consent.

• Street trees would require financial contributions to ensure their establishment and future maintenance (assuming these are intended to be adopted as part of the highway). This would need to form part of a legal agreement.

The proposed appearance of the scheme remains somewhat unclear, as the appearance is described through largely general statements. No evidence has been supplied to demonstrate an appreciation of locally distinctive materials, forms or details. As the development of this site would be an exception to normal planning policy, design and materials should be of a good quality. • Further consideration of local character, materials and distinctiveness should be provided

by means of a suitably worded condition to give a clearer indication of an appreciation of local character and how this has been considered in the design of the buildings for the residential component of the site.

• In the event planning permission is granted, a condition requiring details of all materials proposed should be attached to any such consent, including samples if requested by the LPA

In addition to the main vehicle access point a pedestrian connection is identified on the northern edge of the site through to the edge of the dual carriageway leading to J30 of the M1. This access does not connect to any pedestrian footway. In addition, pedestrian connections to village facilities e.g. primary school, are currently poor and considered likely to discourage journeys by foot and bicycle, being obstructed by the presence of the dual carriageway and a major roundabout. The employment element of the development shows an isolated cul-de-sac access arrangement that only provides access from Chesterfield Road and the proposed new roundabout.

• The northern footpath should be extended to connect to the existing footway;

• Measures for enhancing pedestrian and cycle access across the dual carriageway/roundabout should be explored in order to encourage safer connections between the site and village;


• Seek clarification of potential to implement pedestrian route between Nos. 98 and 100 Chesterfield Road;

• In the event that planning permission is granted a condition requiring the details of the landscape and surface treatment of the pedestrian links should be included as part of any planning permission.

• Provide additional pedestrian/cycle links between the employment area and Slayley Lane and Barlborough Links business park.

Sustainability and resource efficiency is considered in the DAS. Importantly, the applicant has provided an addendum to the application (letter dated 11th Aug 2009) confirming that the residential element of the application will accord with Code Level 4 of the Code for Sustainable Homes (CSH).

• In the event that planning permission is granted a condition should be added to the consent requiring the residential elements of the scheme to be built to a minimum of Code Level 4 of the Code for Sustainable Homes. Prior to the first occupation of the residential development or each phase of residential development evidence of the code level achieved must submitted to and approved in writing by the local planning authority. The evidence must be in the form of a Code for Sustainable Homes Final Certificate supplied by a certified Code for Sustainable Homes assessor.

• Seek a commitment from the applicant for the employment element of the proposals to be assessed through the BREEAM rating system and seek to achieve high rating level in the environmental performance of all employment buildings.

The application is currently considered to have potential to achieve a well designed development, although a number of areas remain unsatisfactory in terms of urban design and sustainability considerations. The application should be revised taking account of the issues and comments identified above. This will necessitate revisions to the illustrative masterplan/DAS as appropriate. Once the application has been revised to address these matters any subsequent planning permission should ensure that it contains a condition requiring the reserved matters to be submitted in accordance content of the Design and Access Statement. This will ensure continuity between any outline consent and the subsequent reserved matters which should be clearly informed by the principles set out within the DAS. 13.11.09 Pollution Control Officer (Noise): Residential area within exposure category C where permission should not normally be given unless there are no alternative quieter sites. If no alternative site noise mitigation scheme required to include noise barrier, building orientation, room layouts and design criteria for glazing and vents. BS8233:1999 good design criteria of LAeq30dB for reasonable sleeping/resting conditions should be attained. Outdoor living areas should not exceed World Health Organisation guidelines of LAeq50dB. In respect of the Business, Industrial and Warehousing area, concerns over allowing B2 use due to potential noise nuisance. Noise survey using BS4142:1997 should be carried out to assess the impact of the proposed commercial/industrial use on adjacent premises. 04.09.09 Pollution Control Officer (Air): An air quality assessment has been undertaken for off-site receptors including the 2 existing AQMA’s at Orchard Close and Chesterfield Road. This requires further clarification. An air quality assessment has also been undertaken for on-site receptors. An area of land adjacent to the southbound carriageway of the M1 has been identified as being likely to exceed the annual mean air quality objective for nitrogen dioxide. Further clarification of the results is required. 02.11.09. Various discussions with applicants


consultant. Final information and comments awaited, likely to require an area alongside the motorway boundary to be free of residential development; no adverse impact on the existing AQMA’s. Pollution Control Officer (Contamination): Former landfill site, continues to produce landfill gas, operational gas abstraction system. Number of boreholes used for gas monitoring extremely limited considering the level of risk, only 2 monitoring visits reported. Not adequate to formulate any conclusions regarding the site, but results so far give significant cause for concern. Insufficient monitoring to support the conclusion of the report that none of the residential areas will require gas protection. Due to the high level of uncertainty with respect to the gas regime and the high sensitivity of the proposal recommend refusal at this stage. Strongly recommend that further gas monitoring including additional boreholes be carried out over a period of at least 12 months and results assessed prior to reconsideration of the application. 26.08.09 Further gas monitoring results considered. Still indicates that there is a significant issue with gas production at several boreholes. Insufficient boreholes within the proposed residential area to demonstrate that there is no potential for gas migration to the intended houses. While consultant has indicated a willingness to install basic gas protection measures into the residential properties do not feel able to withdraw objection due to the extremely high levels of gas that have been recorded in relatively close proximity to the residential area. Subsequently advised by developer that the high gas levels are because of problems with the active gas abstraction system. Therefore felt that further monitoring over a reasonable period is required once problem resolved. 25.09.09. Reviewed further information submitted. As explained previously, need suitable gas monitoring data to establish the current gas regime. Need to be sure that gas levels are as hoped for, i.e. lower than originally measured. Welcomes proposal for 4 monitoring wells along the landfill boundary, but monitoring frequency should reflect that originally discussed. Monitoring on commercial site should also continue though frequency of monitoring need not be as extensive. As an engineered response is now proposed in the event that gas monitoring indicates a potential issue, prepared to remove objection subject to suitable conditions to reflect this. Some concerns with the design of the proposed venting trench, appears quite shallow when considering the depth of fill should the fractured mudstone layer prove to be a pathway. Careful consideration of the design of any venting trench will be required as it will be difficult to exclude the public being located within the public open space area on the edge of a proposed residential area. Fencing may not be a sufficient deterrent to prevent individuals from entering the area. Also concerned about within the landfill area and precautions which could be taken against potential anti-social behaviour/recreational fires. Irrespective of comments the developer remains responsible for the safety of the proposed development. If planning permission is granted subject to conditions relating to contamination issues, a worst case scenario may result in parts of the development becoming uneconomic. Recommended conditions if planning permission is to be granted: No development other than remediation works until additional investigation and risk assessment into the nature and extent of any contamination including gas regime; detailed remediation scheme to make the site suitable for the intended use agreed; approved remediation scheme implemented and verified; work to stop if unexpected contamination found and appropriate measures taken; any imported soil to be tested before use. 21.04.10 Yorkshire Water: No response received.


Crime Prevention Design Advisor: Design & Access statement acknowledges ‘Safer Places’ but nothing to show crime is actively designed out. Concerns over 2 pedestrian routes from Chesterfield Road neither of which are well observed. Recommends single path alongside 124 within sight of play area and main feeder road. Would not support rear parking courts as the main solution to car parking. 24.08.09 Strategic Housing Officer: Affordable housing offer is in line with draft LDF Core Strategy. Build standard at level 4 complies with Homes and Communities requirements. Barlborough has one of the lowest levels of affordable housing provision at only 11.88%. Shared ownership unit must be affordable to households on median income. Nominations to all social rented properties to remain with the Local Authority in perpetuity. 30.07.10 PUBLICITY Advertised in press. 5 Site notices posted. 101 neighbours notified. 10 letters of objection:

1. Pedestrian link between terrace blocks will introduce people into a currently quiet, safe and secure environment; will become more vulnerable to vandalism, theft and accidents; also additional noise all affecting current lifestyle. Concerned about back yards becoming building sites with noise and inconvenience.

2. Disagree with building on Greenfield sites, many brownfield sites that could sustain this

type of development. Many industrial units remain empty. Infrastructure of the village cannot sustain the population as it stands, school turning pupils away. Road system struggling to cope already, Barlborough a car park for most of the day.

3. Land is not designated for residential or commercial use, should be refused as

premature and undermines the Local Development Framework process. There is an over supply of dwellings, the Council has a 5 year deliverable supply. Given that the site is on the boundary of the M1 a more robust noise impact assessment should be carried out. Noise report submitted with the application classifies the site as category ‘C’ where development should be refused unless adequate noise protection measures are made. Report does not take into account future growth of traffic and associated noise from motorway widening. Already 2 Air Quality Management Areas in Barlborough, report shows that within 10m of motorway air quality objectives will be exceeded. More studies needed for 10 -20m band. Problem made worse by commercial element of the proposal. Barlborough has a higher than national average incidence of lung cancer. Independent evidence that risk of death from lung cancer increases by 8% for every 10 micrograms of fine particles in a cubic metre of air breathed. Nitrogen dioxide levels have increased year on year (2002 – 2004) at Barlborough AQMA sites. Barlborough has a younger population and the youngest age profile in Bolsover District; children are more vulnerable to the effects of air pollution; Chesterfield Road and the A619 Hancock’s Hill are the main routes to school, introduction of more controlled crossings will increase standing traffic with greater exposure to pollutants. To offset the effects of traffic pollution Barlborough needs a carbon sequestration programme; tree planting most effective; as part of the application there should be a requirement to plant enough trees to offset the emissions from the increased traffic, perhaps by using the 20m band


alongside the M1; this would also benefit the visual appearance contribute to noise reduction and partially offset vehicle emissions. Remain concerned about the additional development which will result in further loading on the M1 and roads through Barlborough. Transport assessment does not include plans for the north Clowne development (part of the Local Development Framework). Plans for the Treble Bob roundabout will not solve the fundamental problems pedestrians have trying to move around the village. The Travel Plan is purely a paper exercise to meet the requirements of the planning process. People drive to McDonalds because they cannot safely and easily cross Oxcroft Way (too much constant traffic and confusing manoeuvres with junctions close together); Crossing Tallys End also difficult because of speed and visibility. The Travel Plan should include a thorough access assessment for different population groups to identify real obstacles. The new residential area is physically separated from the other residential areas of Barlborough by 2 major roads that act as a barrier to use of the public open space by the wider community. No obvious proposals to address this isolation. The development of green infrastructure is one of the key design objectives of the development, little evidence that this has been adequately addressed. How is school to accommodate an extra 30 pupils given that the school is listed grade II at the heart of the conservation area and that 3 new classrooms have already been built in the school grounds . The residential development sees the loss of the only allotment site in Barlborough, part of the open space provision could be considered for allotments, or a commuted sum to purchase suitable areas elsewhere.

4. Loss of greenfield land many brownfield sites in this area. No need for industrial units as many vacant on Barlborough Links. Infrastructure of Barlborough is struggling to sustain the existing population, e.g. school, turning pupils away no space to expand. Road system is choked, cannot support any additional traffic

5. Residential development will put even more strain on the village school.

New roundabout will further increase risk of road accidents and public safety. Chesterfield Road already very dangerous existing roundabout has too many exits and too close to McDonalds access. Commercial area is contaminated with methane gas and sludge leakage, cannot understand why anyone would develop this land which is full of general waste. It is important with an application like this to prove a need for such proposals, with an industrial estate with empty units and spare land and other industrial land in the area which have ample capacity for new businesses can the applicant prove a need for further commercial development in this area.

6. Three storey properties out of character with the area and should be declined.

Concerns about drainage and existing ditch at back of existing properties on Chesterfield Road. Light pollution in residential area, unobtrusive lighting required. Dual carriageway from Chesterfield Road to the motorway is exceptionally busy and difficult to cross, high speeds, difficult visibility, can take 15 minutes at peak times. Whilst we can see a need for housing, it will further cut off this part of the village, the


extra traffic will cause more noise and pollution, and will make walking to the village to access the amenities more difficult for those who do not drive.

7. No demand for commercial development in Barlborough, numerous units available.

Very small village school already stretched. Numerous accidents at existing roundabout and McDonalds junction. Commercial site a landfill site, methane a serious issue in the past, what may be disturbed with the development which may affect health and homes? Access from Slayley Lane is difficult at the best of times, would be further hindered by another roundabout.

8. Agrees with content of letter reported in paragraph 3 above. In addition unallocated

land; road infrastructure will not support the additional traffic; additional noise, traffic and pollution affecting health and quality of life; school already oversubscribed.

9. Live off Slayley Lane with 2 businesses which could be affected because they need

reasonable access to the A619, difficult at the best of times, the development will put more traffic onto this busy road. Also concerned about the old infill site, has the gas problem gone there may be other problems.

10. Green corridor between M1 and Chesterfield Road greatly enhances this over

developed area. Further development means more traffic, noise and pollution. No need for commercial development, empty units and land on Barlborough Links. Social Housing will greatly affect the outlook and quality of life.

3 letters of representation: Suggest a pedestrian crossing in the vicinity of the bus stop (72/74 Chesterfield Road), traffic is already bad and this will make it worse, particularly for children to get to and from school. Concern about the increase in traffic making it more difficult for pedestrians, i.e. mothers and young children and buggies, and senior citizens crossing the dual carriageway to the village PO school and medical centre. Concerns from developer promoting Clowne North site; this site should be promoted through the LDF process. A joint solution to the Chesterfield roundabout could be devised as part of the LDF process which would be more cost effective and less disruptive. POLICY Bolsover District Local Plan (BDLP) Outside the settlement framework and partially within the Green Belt as defined on the Proposals Map where general open countryside control policies apply, in particular policies GEN1 (Minimum Requirements for Development), GEN2 (Impact of Development on the Environment), GEN4 (Development on Contaminated Land), GEN9 (Development in the Green Belt), ENV3 (Development in the Countryside) and CLT9 (Protection of Existing Allotments). Local Development Framework Emerging Local Development Framework – Revised Preferred Options for the Core Strategy (April 2010): recently subject to public consultation; this sets out the Council’s proposed


policy direction including the overall approach to development and the key policies that will be used to consider planning proposals. Of particular relevance are policies CS2 (Location of Development), CS6 (Affordable Housing), CS28 (Development of the Main Villages) and CS29 (Main Villages: Strategic Principles). Other Since the election of a new Coalition Government in May 2010 the regional housing targets have been removed and on 6th July the Regional Spatial Strategies were revoked. The RSS (East Midlands Regional Plan) is no longer part of the development plan Whilst the five year housing supply specified by the Region is also no longer applicable the Council still has a requirement to provide a 5 year supply in accordance with Planning Policy Statement 3 (PPS3) Housing as amended (June 2010). The East Midlands Regional Plan figure for a five year housing supply is the last available and justified housing supply figure, until the housing supply is re-assessed it is considered taking this into account and recent completion rates that the Council does not have a 5 year supply. ASSESSMENT The proposal involves residential development to the north western side of Chesterfield Road, behind existing properties, and commercial development to the south eastern side of Chesterfield Road, adjoining Barlborough Links employment area on its north-western and southern sides. Access to both sites is off a new roundabout to be constructed on Chesterfield Road between Wishfield House (124 Chesterfield Road) and Brick Yard Farm. This access to the residential area and some of the roundabout will be in the North East Derbyshire Green Belt which covers the western extremity of the site. The triangular area of land to the south west of Wishfield House and bounded by Chesterfield Road and the M1 motorway, through which the residential access runs, is green belt. No other parts of the site are within the green belt, but all the site is in the countryside, being beyond the settlement framework as defined on the Proposals Map of the Bolsover District Local Plan. The settlement framework boundary is drawn tightly around the limits of the existing development of Barlborough and around Barlborough Links. The Green Belt boundary is similarly tightly drawn around the edge of the built up area of Barlborough, extending as far as the playing fields (Barlborough Sports Ground) and Barlborough Links Golf Course. Residential Development The area of land proposed for residential development (4ha) was excluded from the settlement framework and from the Green Belt when the Bolsover District Local Plan was prepared and subsequently adopted in 2000. However access is through the Green Belt and the Green Belt area is to be used to provide public open space associated with the development. This is to include a children’s play area in a position at the entrance to the residential area where it is overlooked by the first dwellings. In accordance with the Design & Access Statement and Masterplan, the remaining area is to landscaped to provide an area for informal recreation which will also include a flood attenuation/balancing pond with wetland habitat. As can be seen in the History section above part of the residential site has in the past had permission for a motorists service station with petrol station, restaurant, toilets, hotel, lorry and car park, In addition areas at the rear of 124 Chesterfield Road have been the subject of recent enforcement action for unauthorised uses.


The Green Belt policy of the Bolsover District Local Plan, GEN9 (Development in the Green Belt), allows uses which preserve the openness of the Green Belt and do not conflict with the purposes of including the land in the Green Belt. The access road to serve the residential development area could be considered as within the definition of inappropriate development in the Green Belt. However, if the land to the rear of the Chesterfield Road properties is to be developed this is the only location for a safe access to cope with the level of development proposed which avoids demolition of existing housing. The access in this position (i.e. the roundabout) also provides an access point into the proposed commercial development area. No built development is proposed in the Green Belt area. The main visual intrusion into the openness of the Green Belt will be additional traffic passing through the land, however given the adjoining Chesterfield Road and M1 motorway this is not considered to have a material impact on the quality and character of the Green Belt. Indeed it is likely that the landscaping proposals outlined in the Design & Access Statement and Masterplan will enhance the current quality and openness of the area. The proposal is therefore generally in accordance with policy GEN9 (Development in the Green Belt) of the Bolsover District Local Plan as it preserves the openness of the Green Belt and does not conflict with the purposes of including the land in the Green Belt. The development involves an area of land shown as allotments on the Proposals Map of the Bolsover District Local Plan and is therefore subject to policy CLT9 (Protection of Existing Allotments). Development of such land is allowed only if it is demonstrated that the allotments are no longer required or appropriate alternative provision is made. These appear to be the only allotments in Barlborough village, they are privately owned, predominantly unused and overgrown; areas that are in use are not used for allotment purposes. The applicant states that alternative provision could be made in the green belt area if necessary. The District Council has no evidence of any demand. Part of the green belt area of the site involves a former railway cutting which has been infilled with various waste materials and capped. The tipped area has given rise to landfill gas problems and an active gas extraction system is in place which is connected to a flare stack on the proposed commercial development area adjacent to Slayley Lane. The main concern of the Council’s Pollution Control Officer (Contamination) is the potential for landfill gas to migrate into the proposed residential area. The applicant is confident having taken detailed advice from his consultants that this will not be a problem, but proposes further gas monitoring from 4 monitoring wells along the landfill boundary prior to any submission of Reserved Matters. While it would be preferable for this monitoring to take place before the grant of any planning permission, the applicant does not wish to commit to additional expense without the benefit and certainty of an outline planning permission. They have also put forward engineering measures which could be put in place should the gas issue be a problem. This would comprise a venting trench along the edge of the landfill site (a similar feature was installed alongside the infill site on the proposed commercial development area between the Barlborough Links commercial development areas and the waste site. The Council’s Pollution Control Officer (Contamination) has accepted that a suitable detailed condition, to include in the first instance additional gas monitoring, can control this issue to ensure residential development in the area north-east of the infill area is not exposed to unacceptable risks. It is therefore considered that with appropriate conditions sufficient measures can be undertaken to ensure the site is developed for residential use without any materially harmful effect on health, safety or the environment in accordance with policy GEN4


(Development on Contaminated Land) of the Bolsover District Local Plan. All the residential site area (apart from a section of the former allotment area) is outside the settlement framework and therefore within the countryside. It is bounded by existing residential properties and garden areas, the A616 dual carriageway link to the M1 Motorway junction, the motorway and slip road and the Green Belt (through which is the proposed access into the site and open space area). It is currently unused overgrown agricultural land and allotment. It is the only area related to existing residential development around Barlborough which is not restricted by Green Belt designation. Policy ENV3 (Development in the Countryside) of the Bolsover District Local Plan allows development in the countryside if it benefits the community through the re-use of land or would result in a significant improvement to the rural environment. Taking into account the objections received to the development from members of the community including the Parish Council, it is unlikely that the development could be considered to accord with these principles of the policy and is therefore a departure to development plan policy. However there are other material considerations to take into account. As stated above (in ‘Policy’) it is considered pending a review of housing supply that the Council does not have a five year supply. This is based on the last justified housing supply figure which originates from the Regional Plan. However taking into account recent completion rates it is apparent that the Council would not have a 5 year supply even with a reduced annual target figure. This development will therefore contribute to the existing supply of housing sites as required by Planning Policy Statement 3 (PPS3) Housing. Taking account of the surrounding green belt this site is a logical rounding off of the settlement of Barlborough for residential development. It is reasonably close to the village centre with its community facilities including primary school, doctors surgery, churches, post office, village hall, etc. provided an acceptable pedestrian link is provided across the A616 dual carriageway. Employment opportunities are offered as part of the application as an extension to the existing key employment area of Barlborough Links. With appropriate conditions to ensure linkages to the main settlement area the site is considered to be in a reasonably sustainable location. The submitted Design & Access Statement with addendum indicates that high quality housing (design and layout) can be achieved with a good mix of tenure and house type and a relatively high level of affordable housing to meet the needs of Barlborough. The land is to be used effectively and efficiently with a density of 37 to the hectare. Mitigation measures can be put in place to reduce the effects of noise, air quality and potential gas migration. The Draft Core Strategy identifies Barlborough as a main village in the settlement hierarchy, which might benefit from some residential development (policy CS2 Location of Development). Policy CS6 (Affordable Housing) indicates that in Barlborough there is a requirement for 30% provision in Barlborough (the application proposes 33%). Specifically the Draft Core Strategy proposes for Barlborough a net additional housing provision of 200 dwellings (Policy CS28 (Development of the Main Villages), and identifies in policy CS29 (Main Villages: Strategic Principles) the continued protection of the Green Belt and possible limited expansion of the village to the west on land east of the motorway (i.e. the application site).


Subject to appropriate conditions, the proposed residential development would therefore be in line with the policy aims of Planning Policy Statement 3 (PPS3) Housing and the emerging policies of the Local Development Framework as expressed through the draft Core Strategy: revised preferred Options (April 2010), although this is at an early stage of development. This is a material consideration to justify the release of this land for housing contrary to policy ENV3 (Development in the Countryside) of the Bolsover District Local Plan. In relation to the noise environment upon the residential site it can be seen from the above that there are no less sensitive sites at Barlborough available for residential development because of the tightly drawn Green Belt around the village. It is shown in the noise assessment and with the suggested conditions from the Councils Pollution Control Officer (Noise) that acceptable noise levels to create an acceptable living environment can be imposed and designed into the development. This is likely to involve a noise attenuation bund/structure and appropriate construction techniques for the dwellings themselves and would as a result be in compliance with policy GEN3 (Development Affected by Adverse Environmental Impacts from Existing or Permitted Uses) of the Bolsover District Local Plan. However a further issue to consider in relation to the residential area next to 124 Chesterfield Road is the extant planning permission on those premises which includes provision for a scaffold storage use adjacent to the proposed residential area. This has the potential to be a source of nuisance to prospective residents. The applicant has agreed that this use will cease when planning permission is granted for residential development. It would be appropriate to include a condition and clause in the S106 to ensure that this use ceases. With respect to air quality issues for prospective residents of the residential area, this is acceptable provided an area of land alongside the motorway boundary is kept free of development. This area of land is still to be defined but will still leave adequate land for the proposed development to allow compliance with policy GEN3 (Development Affected by Adverse Environmental Impacts from Existing or Permitted Uses) of the Bolsover District Local Plan. In summary the residential development while contrary to policy ENV3 (Development in the Countryside) of the Bolsover District Local Plan, would add to the 5 year supply of housing; involves the development of unused land (some of which in the past has had planning permission for a motorists road side facility with hotel while other areas have recently been the subject of unauthorised activities), which is also a logical rounding off of development at Barlborough with defensible physical barriers (principally the M1) and the Green Belt (which will be improved in appearance by the landscaping proposals of the development) and should have an acceptable living environment in compliance with policies GEN1 (Minimum Requirements for Development), GEN2 (Impact of Development on the Environment) and GEN3 (Development Affected by Adverse Environmental Impacts from Existing or Permitted Uses) of the Bolsover District Local Plan. A S106 Planning Obligation will be required to satisfy policy requirements for affordable housing [policy HOU6 (Affordable Housing)], provision and maintenance of the on-site open space, children’s play area and contribution to formal sports and recreation provision within Barlborough Parish [policy HOU5 (Outdoor Recreation and Play Space Provision for New Housing Developments)], for public art [GEN17 (Public Art)] and a contribution for education facilities at Barlborough Primary School in accordance with the requirements of the education


authority. The applicant has offered 50 affordable houses (33% based on a development not exceeding 150 dwellings). The draft Core Strategy indicates a requirement in Barlborough for 30% affordable housing, while policy HOU6 (Affordable Housing) of the Bolsover District Local Plan as supported by the Council’s Supplementary Planning Guidance: Affordable Housing requests 10%. Informal recreation facilities including a children’s play area are to be provided on site in accordance with policy; the draft S106 submitted with the application also makes provision for its future maintenance. The applicant bases his offer for formal sports and recreation provision and education on the provision of 100 new dwellings, making an assumption that the 50 affordable dwellings will be occupied by existing residents of Barlborough and therefore not place any additional demand on local facilities. Accordingly an amount of £74,700 is offered for formal sport and recreation provision (100 x £747 per dwelling – the 2009 commuted sum) and £225,340 to fund 20 additional education places within Barlborough. It should be noted that the definition proposed in the S106 of people entitled to the affordable housing includes people on the Council’s waiting list or in identified housing need and who were born in Barlborough, and/or live in Barlborough, and/or has lived in Barlborough but has been forced to move away because of the lack of Affordable Housing and/or whose work provides important services and who needs to live closer to the local community and who meets the Housing Associations letting criteria. The definition thus includes people who are not already resident in Barlborough. It would therefore be reasonable to require contributions based on the entire residential development (maximum 150 dwellings) unless the applicant is able to demonstrate through a viability assessment or other reasoned justification that reduced contributions are required to allow the development to proceed. It should be noted that development costs on this site are relatively high because of contamination issues including landfill gas, air quality, structural requirements and the provision of a higher than required proportion of affordable housing. In view of the time lapse since the education authority’s original response a re-assessment is being carried out. Meanwhile it is suggested that the S106 should make provision for education in line with their original comments, i.e. a total of £338,293 for 30 additional primary places based on a development of 150 dwellings (equivalent to £2255 per dwelling). Similarly the commuted sum for off-site formal recreation and sport provision should be based on the current 2010 figure, which is £765 per dwelling for all the residential development. No offer for public art has been made, the applicant has verbally expressed that this is not affordable particularly given the offer of other S106 matters related to the residential development and the extraordinary development costs on both areas of the application site. Unless the applicant is able to demonstrate through a viability assessment or other reasoned justification that reduced contributions are required to allow the development to proceed it is recommended that any S106 Planning Obligation should be on the basis of the preceding paragraphs.


Commercial Development (B1, B2 B8 Use Classes) The land proposed for the commercial element of the proposed development is also outside the settlement framework defined on the Proposals Map of the Bolsover District Local Plan and therefore subject to policy ENV3 (Development in the Countryside). Much of the site has been subject to infill by waste disposal being a railway cutting and brick works. There is an active gas extraction system in place which has recently been returned to operation following consideration of the initial gas monitoring results for the site. The land is of poor quality and used for car boot sales and other occasional events. Tracks have been established across the site to service these uses. The land directly adjoins Barlborough Links employment area, backing onto development off Midland Way on its north-eastern side, and development off High Hazels Road to its southern side, these also being the settlement framework boundaries. To the north west corner of the site is a residential property (Brick Yard Farm) and across Slayley Lane to the south-west another dwelling (White House) set in agricultural land. Policy ENV3 (Development in the Countryside) of the Bolsover District Local Plan allows development in the countryside if it benefits the community through the re-use of land or would result in a significant improvement the rural environment. Development of this land which has little agricultural potential would benefit the wider community by providing additional land for economic development and employment opportunities. The main objections to the commercial element of the development are related to additional traffic, the current level of empty units and land indicating no new development is required, and the need for improved connections into the site. The Highways Agency and Local Highway Authority have no objections to the development subject to junction improvements to the Treble Bob roundabout and M1 junction 30. The Draft Core Strategy identifies Barlborough as a main village in the settlement hierarchy where significant new employment development is not a priority (policy CS2 Location of Development). Specifically the Draft Core Strategy proposes for Barlborough 3ha of employment generating uses (Policy CS28 (Development of the Main Villages), and states that there is no requirement for significant employment provision beyond existing commitments in policy CS29 (Main Villages: Strategic Principles). The application area for the commercial element is 4ha with provision for B1 units and B2/B8 units and would take up the projected allocation without being a significant intrusion into the green belt or countryside. However these are the emerging policies of the Local Development Framework as expressed through the draft Core Strategy: revised preferred Options (April 2010), which is at an early stage of development. Development of this land for employment related uses is a logical rounding off of the Barlborough Links key employment site, has defensible physical barriers into the A619 and Slayley Lane and makes use of poor quality land with poor visual appearance. The addendum to the Design & Access statement shows an additional pedestrian/cycle link onto Slayley Lane and a possible pedestrian/cycle link to High Hazels Road subject to an agreed design with Derbyshire Wildlife Trust as this passes through an area identified as a nature conservation site in the Bolsover District Local Plan. The release of this land will add to the supply of quality employment sites in the District, the proximity to the M1 junction making this an attractive location which will be of benefit to the economy of the District when the general


economy improves. The Design & Access Statement sets design principles for the site with architectural form similar to the adjacent Barlborough Links development using a coordinated range of materials and detailing. The masterplan layout shows B1 offices of 2 – 3 storeys (9 – 12 m height) on the more prominent part of the site, the south west corner, fronting Chesterfield Road. Red brick and dark roof tiles would be the dominant materials of these units. When the Barlborough Links development was approved with its related Planning Brief a height restriction was imposed in the areas adjoining the current development site, that no roof of any building shall exceed 140m OD. Current site levels along the Chesterfield Road frontage range from 133m to 134m with a high point towards the Slayley Lane boundary of around 136m. The ground levels are higher than the adjacent Barlborough Links development area. A design approach which uses brick and concrete tile (or similar), as proposed, rather than steel cladding would be appropriate in these higher ground level areas to reduce the visual impact on the surrounding countryside. A reduction in ground levels is not feasible because much of the site is filled ground. The proposal will generally accord with the policies of PPS4: Planning for Sustainable Economic Growth which encourages a positive and constructive approach to economic development. The addendum to the Design & Access Statement commits to achieving a high level of environmental performances outlined in BREEAM guidelines, with a reduction in carbon dioxide emissions and energy efficiency over current building regulations. The site is accessible, close to the M1 motorway junction 30, being on bus routes with pedestrian and cycle links proposed to surrounding areas, the highway authorities are content that the traffic measures proposed are acceptable. Design will follow that of the adjoining Barlborough Links development, and the development will add to the employment base and choice in the area. Overall the development will contribute to the regeneration objectives of the development plan. Other Matters Air quality issues for Barlborough as a result of traffic generated by both aspects of the development, particularly on the Air Quality Management Areas at Chesterfield Road and Orchard Close, have been considered by the Council’s Pollution Control Officer (Air) and found acceptable and therefore in accordance with policy GEN1 (Minimum Requirements for Development) of the Bolsover District Local Plan. The County Archaeologist has suggested a condition requiring a programme of archaeological work in view of the potential in the area for remains. While most of the site is filled land and therefore unlikely to be of interest, there are areas of land (the northern site behind the Chesterfield Road properties) which could have some potential. An suitably framed condition would therefore be appropriate in accordance with policy CON13 (Archaeological Sites and Ancient Monuments) of the Bolsover District Local Plan. Listed Building: No issues raised Conservation Area: No issues raised Crime and Disorder: Refer to the comments of the Crime Prevention & Design Officer above. Equalities: No issues raised Access for Disabled: No issues raised; a controlled pedestrian crossing of the A616 at the Treble Bob roundabout may improve access.


Trees (Preservation and Planting): Proposals for the residential area seek to retain much of the existing hedgerows and trees as shown on the Masterplan, provides planting to the Green Belt area and with planting to the commercial area will add to the tree coverage This area has very few trees). SSSI Impacts: No issues raised Biodiversity: Retention of hedges in the residential area will retain some of the biodiversity interest in the area, other planting proposals should expand biodiversity interest. Human Rights: No issues raised Conclusion The proposal is a departure to policy ENV3 (Development in the Countryside) of the Bolsover District Local Plan. However there are material considerations which justify an exception to this policy, the application (if the Committee are minded to support the proposal) will therefore have to be referred to Council for a decision. The two aspects of the development can be seen as logical rounding off of development at Barlborough without significant intrusion into the Green Belt. The residential area takes in an area excluded from the Green Belt between the motorway and existing development on Chesterfield Road while the commercial aspect utilises a former tip area which has little prospect of being productive agricultural land, and relates to the adjoining Barlborough Links employment area, with physical boundaries of Chesterfield Road and Slayley Lane. The Design and Access statement while needing further detailed analysis and development sets the design and layout parameters for the development which will for the commercial element be seen as an extension of Barlborough Links and for the residential element will develop a community taking design clues from the existing village. The new roundabout on Chesterfield Road, required to provide vehicular access to both sites, will have the advantage of slowing vehicle speeds along Chesterfield Road, whilst the proposals for the ‘Treble Bob’ roundabout will enable the highway network to cope with the traffic flows from this development and from that of the Steetley Regeneration Scheme. A safe (controlled) crossing of the A616 from the residential area towards the original village is an important requirement to allow integration with the village and discourage the use of the car for short journeys. At this outline stage the development has been shown to have no adverse environmental effects which cannot be controlled or mitigated, although some elements (such as gas risk assessments, design character, footpath links, etc) require further research and monitoring to achieve satisfactory results. However it is felt these issues on balance can be overcome with appropriate conditions. The proposal is therefore generally in accordance with the policies of the Development Plan and national policy as expressed through Planning Policy Statement 3 (PPS3) Housing and Planning Policy Statement 4 (PPS4) Planning for Sustainable Economic Growth and in line with the emerging policies of the LDF, although this is at an early stage of development, subject to an appropriate S106 Planning Obligation to cover issues of affordable housing, open space and recreation, and education provision. The issues raised by objectors are generally considered above or addressed by the consultee responses. Issues raised by consultees (in some cases after extensive discussions and negotiations) can be resolved through appropriate conditions. Further comments are awaited from Derbyshire Wildlife Trust (on the recently submitted additional survey information) and the Local Education Authority (update on requirements).


Main Development plan policies applicable: GEN1 (Minimum Requirements for Development), GEN2 (Impact of Development on the Environment), GEN3 (Development Affected by Adverse Environmental Impacts from Existing or Permitted Uses), GEN4 (Development on Contaminated Land), GEN9 (Development in the Green Belt), HOU5 (Outdoor Recreation and Play Space Provision for New Housing Developments) and HOU6 (Affordable Housing), CON13 (Archaeological Sites and Ancient Monuments), ENV3 (Development in the Countryside) and CLT9 (Protection of Existing Allotments) of the Bolsover District Local Plan. RECOMMENDATION

A) Defer decision pending completion of S106 Planning Obligation to cover the following Heads of Terms:

• Provision of 33% affordable housing with a mix of social rented and intermediate rented housing and a mix of dwelling types, for people with a connection with Barlborough;

• Provision and maintenance of on-site children’s play area and amenity open space, not less than 3000 sq m of which 400 sq m will be equipped with play facilities for children (5 pieces);

• Education contribution by staged payments to a total of £338,293 based on a maximum development of 150 dwellings (equivalent to £2255 per dwelling) to increase the net capacity of schools within the Barlborough area by up to 30 places;

• Off-site sports provision by staged payments based on £765 per dwelling for the improvement/provision/maintenance of sports facilities in Barlborough;

• Scaffold use as approved under planning application 04/00615/FUL to cease and not be re-instated on land and premises at 124 Chesterfield Road Barlborough;

unless the applicant is able to demonstrate through a viability assessment or other reasoned justification that reduced contributions are required to allow the development to proceed taking account of the extraordinary development costs associated with both areas of the application site, in which case the application and proposed S106 Planning Obligation terms will be referred back to the Planning Committee for further consideration.

B) Upon satisfactory completion of the S106 Planning Obligation in the terms set

out above the decision be referred to Council with a recommendation that planning permission be approved subject to conditions to cover the following issues, given below in précis form and to be formulated in full by the Head of Planning and Environmental Health:

1. Submission of reserved matters (layout, scale, appearance, landscaping). 2. Application for approval of reserved matters within 3 years. 3. Start within 3 years or 2 years from approval of last of reserved matters. 4. Development to be generally in accordance with principles of D & A and its

addendum. 5. Controlled crossing of A616 dual carriageway before occupation of a dwelling.


6. Footpath link to Barlborough through north east of residential site to connect to footway network.

7. Urban design conditions (to reflect appropriate bulleted points in Urban Design Officer comments above).

8. Protect existing/retained hedgerows/trees. 9. Additional planting to strengthen as per landscape etc assessments including to

Green Belt area. 10. Flood attenuation pond to be located in accordance with Masterplan (not drainage

strategy). 11. Noise issues: detailed noise mitigation scheme for residential area to achieve:

LAeq30dB internal, LAeq50dB external with verification that these levels are achieved before occupation.

12. Noise survey for commercial development area with appropriate mitigation measures.

13. Air quality development exclusion zone. 14. No development other than remediation works until additional investigation and risk

assessment into the nature and extent of any contamination including gas regime; detailed remediation scheme to make the site suitable for the intended use agreed; approved remediation scheme implemented and verified; work to stop if unexpected contamination found and appropriate measures taken; any imported soil to be tested before use. Long term monitoring and maintenance plan including any necessary contingency arrangements.

15. Environment Agency issues: surface water disposal details; foundation design (piling not to cause unacceptable risk to groundwater if passes through contamination); use of petrol/oil interceptors.

16. Highway conditions including direction from Highways Agency regarding improvements to J30 and ‘Treble Bob’ roundabout; and development to take place in accordance with Framework Travel Plan; new roundabout before other development; no occupation of a dwelling unless road to base course; no occupation of a commercial unit unless parking, servicing, etc. in place; turning head to commercial access road; provision of footways to bus stops along Chesterfield Road before occupation of a dwelling or commercial unit; scheme of pedestrian cycle links in line with proposals in addendum to Design & Access statement including to High Hazels Road and/or Midland Way.

17. No occupation of dwellings adjacent to 124 Chesterfield Road whilst ever those premises are used for a scaffold business.

18. Programme of archaeological work. Notes Knotweed on site.

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Location Plan 08/00370/OUTMAJ


Illustrative Master Plan 08/00370/OUTMAJ

Chesterfield Road Report 9280

Documents

Transcript of Chesterfield Road Report 9280