Report of the Assistant Director Planning and ... · (Resubmission) Land Off Wakefield Road,...

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Report Precis

Report of the Assistant Director Planning and Transportation to the Planning Regulatory Board Date: 15/04/2014

Subject Applications under Town and Country Planning Legislation. Purpose of Report This report presents for decision planning, listed building, advertisement, Council development applications and also proposals for works to or felling of trees covered by a Preservation Order and miscellaneous items. Access for the Disabled Implications Where there are any such implications they will be referred to within the individual report. Financial Implications None Crime and Disorder Implications Where there are any such implications they will be referred to within the individual reports. Human Rights Act The Council has considered the general implications of the Human Rights Act in this agenda report. Representations Where representations are received in respect of an application, a summary of those representations is provided in the application report which reflects the key points that have been expressed regarding the proposal. Members are reminded that they have access to all documentation relating to the application, including the full text of any representations and any correspondence which has occurred between the Council and the applicant or any agent of the applicant. Recommendation(s) That the applications be determined in accordance with the recommendations set out in the main report which is attached. Full report attached for public and press copy (unless Confidential item).

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INDEX

2014/0249 Approval Page 4

Residential Development of upto 250 no dwellings (Outline – All Matters

Reserverd) Land off Wakefield Road, Mapplewell, Barnsley

2013/1051 Approval 2 Change of Use of Storage Caravan (Static) to 1 No Gypsy Pitch, Including

erection of portable Day Room/Utility Block and Improvement Works to the Site (Including Removal of Railway Carriage, Lockup Containers and Deposited Materials)

Land South of Grange Road, Royston, Barnsley, S71 4LG


Erection of 3no. dwellings and garages. Land to the West of Wellhouse Lane & and the North of Barnsley Road,

Penistone, Barnsley, S36 8AD

2013/1130 Refusal Page 41

Erection of 2 no detached dwellings and associated works. Land adjacent 344 New Road, Staincross, Barnsley, S75 6GP


Application to review/vary the existing S106 on planning permission 2011/0963

(removal of affordable housing element) Land at Lowfield Road, Bolton Upon Dearne, Rotherham, S63 2TF


Erection of 1 no. 50Kw wind turbine on a 25m monopole mast. Westfield House Farm, Brockholes Lane, Penistone, Sheffield, S36 9FB


Residential development (Outline) Land at Kingsmark Way, Goldthorpe, Rotherham

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Erection of 1 no. 24.8m (to hub) high wind turbine with a tip height of 34.5m. Land Associated with Pule Hill Farm, Rag Lane, Thurgoland, S35 7BA


Erection of residential development of 3 pairs of semi-detached dwellings. Land adj 14 A Green Street, Worsbrough, Barnsley, S70 4RS


Fell Hawthorne Trees T1 and T4, fell Ash Tree T3 and remove westernmost stem

from Sycamore Tree T2 within TPO 12/1981. ST THOMAS CHURCH, Bank End Road, Worsbrough Dale, Barnsley

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2014/0249 Pipestone Ltd Erection of residential development of up to 250 no. dwellings. (Outline - All Matters Reserved) (Resubmission) Land Off Wakefield Road, Mapplewell, Barnsley

At the time of writing the report 32 letters of objection. A petition with over 500 signatures was also submitted in response to the original application and relates to the principle of developing the site for residential purposes. It therefore also relates to this particular application. Background Members will recall that a previous application 2013/1073 was initially deferred then refused at January PRB due to concerns about visibility and safe vehicular movement in the vertical alignment of the proposed access. Members should note that the current application remains in outline form but access is now a reserved matter so it will be dealt with at the detailed planning stage. The decision to refuse the previous application was made after the applicant had reduced the maximum number of dwellings stated in the description from up to 300 to up to 250 and had also addressed members concerns regarding drainage. These matters and the principle of residential development were not contested by Members only access. The previous decision is subject of an appeal to the Planning Inspectorate. The applicants are seeking a Public Hearing but a decision has not been made regarding this matter. Site Description The application site, which is 9.58 hectares, is located west side of the A61 Wakefield Road about 400m north-west of the Wakefield Road/Bar Lane traffic light controlled junction. The site is within Mapplewell on the northern periphery of the Barnsley Urban settlement. On the opposite side of Wakefield Road there is some housing and commercial development close to the Bar Lane junction but thereafter it is mostly characterised by open countryside. The south east boundary of the application site is adjacent to rear gardens of dwellings fronting on to Eastfield Crescent. The south west boundary is adjacent to rear gardens of dwellings fronting on to Cloverlands Drive, Cloudberry Way and Snailsden Way. There is a mixture of a poultry farm, allotments and open land on the west and northern boundaries of the site. The site is undulating grassland traversed by footpaths and hedgerows. The land slopes down in a southerly direction from the northern boundary and also downwards in a westerly direction from Wakefield Road. The land is currently scrubland that has been used mainly for recreational activities such as dog walking but whilst it has the appearance of a greenfield it was formerly used for open cast mining (abandoned in the early 1950’s). Proposed Development This is an outline application for up to 250 dwellings with all matters reserved. The design concept is outlined in a Design Access Statement which includes: • A single access point to Wakefield Road. • Central corridor of green space, which helps to mitigate against the overhead power line. • Green corridors incorporate pedestrian connections.

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• The proposed open space which has the potential to serve as a variety of functions from village green to an informal kick about area. Open space provided will comply with Barnsley’s requirement of 15% on sites of this size.

• Existing public footpaths are incorporated within the site layout. • Retention of the existing hedgerows where possible. The applicants claim that the net developable area is only 5.84 hectares due to overhead power lines. This gives an undeveloped area of about 4 hectares, which equates to approximately 40% of the total site area. If the site as a whole is considered the density is only 26 dwellings per hectare but this increases steeply to 42 dwellings per hectare if only the developable areas are considered. However, it should be noted that the description is ‘for up to 250 dwellings’ so this is not a definitive number and will be determined at the reserved matters stage. There is an indicative plan which shows an access point on to Wakefield Road (A61) with construction of new right turn ghost island. The indicative plan shows a loop road through the site with a number of spur arms providing access to all dwellings. A pedestrian access is shown from Wakefield Road to the north of the site. There are a number of existing Public Right of Ways to the east of the site that links the site to Blacker Road (to the south via Hope Street or Cloverlands Drive) and Paddock Road (to the north). The indicative plans shows pedestrian routes to connect to these Public Rights of Way. The provision for pedestrian access to the site will ensure maximum linkage between the site and the surrounding local facilities. Policy Context Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. However, whilst the draft DSAP is a material consideration, the weight afforded to it is limited by the fact it is at an early stage in its preparation. Core Strategy CSP1 Climate Change CSP2 Sustainable Construction. CSP3 SuDS. CSP4 Flood Risk. CSP5 Renewable Energy. CSP8 Location of Growth. CSP9 The Numbers of Houses to be Built. CSP10 The Distribution of New Homes. CSP13 The Release of Allocated Housing Land. CSP14 Efficient use of Land CSP15 Affordable Housing CSP25 New Development and Sustainable Travel. CSP26 New Development and Highway Improvement CSP29 Design. CSP35 Green Space. CSP36 Biodiversity and Geodiversity. CSP39 Contaminated and Unstable Land.

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CSP40 Pollution Control and Protection. CSP42 Infrastructure and Planning Obligations. CSP43 Education Facilities and Community Uses. Saved UDP Policies The site is designated DT7 Urban Land to Remain Undeveloped (ULTRU) on the UDP and GS11 is the relevant policy. SPDs/SPGs Open Space Provision on New Housing Developments Designing new housing development Parking PAN30: Sustainable Location of Housing Sites PAN33: Financial Contributions to School Places Emerging Development Sites and Places DPD The Draft Development Sites and Places DPD shows the site allocated for Mixed Density Housing (BAR31). NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. Consultations These include consultations on the previous application when not received on this application. Highways: No objections subject to conditions. Pollution Control: No objections subject to conditions. Tree Officer: No objection subject to conditions. South Yorkshire Police: Guidance offered for future layout South Yorkshire Passenger Transport Executive: No objections subject to conditions. Affordable Housing Officer: No objections as 25% affordable housing is proposed in line with policy. Yorkshire Water: Initially have raised objection as one dwelling on the indicative layout would affect the line of a public sewer.

Highways Drainage: No objection subject to conditions

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South Yorkshire Mining Advisory Service: No objection subject to conditions. Coal Authority: No objection subject to conditions. Biodiversity Officer: No objection subject to conditions. Education: Object on the basis of current lack of capacity in Mapplewell schools but suggest an education contribution of £250k in the event that permission is granted. Representations At the time of writing the report, 32 letters of objection have been received raising the following matters:

The site was designated as urban land to remain undeveloped in the UDP because there was insufficient infrastructure in the area. This position has not changed, whilst the UDP may be out of date it should not just be abandoned. The BAR31 designation in the DSAP incorrectly designates this site as being a brownfield and there will be a loss of green space, opportunities for walking and opportunities to maintain good health. Local residents regarded this as land as ‘green belt’ that should remain undeveloped and have used it for more than 35 years. Brownfield sites should be developed before greenfield sites. Insufficient areas are available in the area for children’s play and for junior football. Children should not be encouraged to play under power lines that cross this site so this should not be considered open space within the new development.

There is already enough development planned in this area with the North Gawber Colliery site allowed on appeal and planning permission recently being granted at Royston and Barugh Green. There is likely to be development of a former factory site on the opposite side of Wakefield Road. All these major developments should be phased to avoid too rapid change.

Allowing this proposal and other developments will cause a loss of village identity and Mapplewell will become part of Urban Barnsley. This will just become commuter housing for people working in Leeds with no economic benefit to the local area. Local shops should and facilities be protected.

The reduction in numbers to no more than 250 dwellings makes no difference to the view that this proposal and others in the area will cause increased numbers of cars on already busy roads in and out of Mapplewell. There are already long queues at peak times (20-30 minute waits) at key junctions. Bus services are no longer reliable and as frequent as in the past. Future residents would be unlikely to walk, cycle and use buses as claimed by applicants. There will be more traffic, more accidents and more speeding. Radical road improvements are needed to accommodate all of the developments in the pipeline. The Paddock will be used as a shortcut to Wakefield Road increasing increased traffic along Park View Road. There have been two fatal accidents on this stretch of road.

Local residents concerns expressed at a public meeting have not been adequately addressed by the applicants. The public consultation that took place was limited and further consultation should be required.

This proposal and others already granted permission in the area will result in increased pressure on local schools, bin collections, emergency services, dentists and doctors.

The surface water system is at full capacity and during bad weather there are flooding problems, especially on Wentworth Road. The foul sewerage system is also running at full

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capacity. There are unresolved drainage issues caused by major development allowed in the past exacerbating drainage problems. This includes the new primary school built in 2003. The proposed drainage attenuation is theoretical and will not work in practice.

Loss of ancient hedgerows and mature trees and the impact on wildlife as the site is an important habitat. Granting permission would be contrary to Core Strategy Strategic Objective 8 to protect and improve the countryside and natural environment.

Large number of public footpaths cross the site and would be affected. These need to be retained and utilised to encourage cycling as Wakefield Road unsuitable.

Privacy in rear gardens of existing dwellings will be affected. Single storey development should be required adjacent to existing bungalows. Existing boundary treatments should be retained.

Concern about the potential for loss of light and privacy.

Loss of views especially of the wildlife that live on the site.

Increased noise and air pollution from cars.

Increased crime, dog fouling and litter. Assessment Principle of Development - UDP policy GS11 is clear that on ULTRU (Urban Land to Remain Undeveloped) existing uses will normally remain during the plan period and that planning permission for alternative development will only be granted following a review of the UDP. As a result this proposal is contrary to UDP policy. The site is identified as a housing allocation in the Consultation Draft 2012 of the Development Sites and Places DPD (DSAP). Paragraph 216 of the NPPF lays out to what extent decision takers can give weight to relevant policies in emerging plans. In this case the emerging plan is at an early stage in its preparation and the proposed housing allocation has resulted in 102 representations, of which only one is in support. On this basis, weight afforded to the housing allocation in DSAP is limited. However the housing allocation does have a degree of consistency with the policies in the NPPF (the closer the policies in the emerging plan to the policies in the framework, the greater the weight that may be given). The NPPF is clear that it is essential ‘to boost significantly the supply of housing’ and the Development Sites & Places DPD is clearly designed to help achieve this aim in a local context. Additionally, as the evidence base associated with the DSAP DPD shows, this site is acceptable in terms of its sustainability with good public transport and acceptable access to services. Therefore it can be concluded that there is a high degree of consistency between the sites potential allocation in this DPD and the NPPF. Nevertheless, given the stage of plan preparation and the extent to which there are unresolved objections, very little weight can be given to the sites current status in this DPD with regard to the determination of planning applications. However, the applicant considers there are other material considerations of such significant weight that indicate this proposal should be allowed. In summary, these are that the Council cannot demonstrate a deliverable five year supply of housing land and as such the presumption

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in favour of sustainable development in the National Planning Policy Framework (NPPF) applies and indicates that the proposal should be allowed. The Council has recently made available an analysis of the five year supply situation in the borough with a base date of 1st April 2012. This analysis has been carried out using a methodology based on a review of recent guidance and best practice. The analysis concludes that the borough cannot, at the present time, demonstrate a five year supply of specific, deliverable housing sites. It is therefore recognised that the NPPF is a material consideration that carries substantial weight in the decision making process. Assuming the development is considered sustainable, paragraph 49 is clear that where no five year supply can be demonstrated, the presumption in favour of sustainable development at paragraph 14 of the NPPF should be used to determine planning applications and that relevant policies for the supply of housing should not be considered up to date. Other relevant development plan polices and material considerations should, however, still be considered. Therefore, it is necessary to consider if the development can be considered sustainable and if there are any adverse impacts from granting permission that ‘would significantly and demonstrably outweigh the benefits’. Sustainability - The NPPF sets out that there are three dimensions to sustainable development: economic, social and environmental:

The economic role relates to building a strong, responsive and competitive economy by ensuring sufficient land of the right type is available at the right time to support growth.

The social role includes the provision of the supply of housing to meets the needs of present and future generations by creating high quality built environment, with accessible local services.

The environmental role relates to protection and enhancement of our natural, built and historic environment, helping to improve biodiversity, use natural resources prudently, minimize waste and pollution, adaption to climate change and moving to a low carbon economy.

The site is located in Urban Barnsley and Core Strategy policy CSP8 identifies this settlement as a priority for growth. This site was included as an allocation in the draft Development Sites & Places DPD which was consulted upon in 2012. Although this draft allocation currently carries very little weight, as part of the site assessment process associated with the production of this DPD, a sustainability assessment was carried out that indicates the site is relatively sustainable with good public transport access, acceptable access to services and is largely bounded by development. As a result, whilst the proposal will result in the loss of a green field area (albeit used for open cast mining until the 1950’s) the site is considered to be in a sustainable location. On this basis, as well as contributing to the economic dimension of sustainable development, the development would reflect the social role. The contribution to the environmental role is less clear but the applicants have made a commitment to achieving a Code Level 3 rating in relation to the Code for Sustainable Homes. Given that the site slopes downwards from north to south a significant proportion of the proposed housing could have a south orientation and with generous spacing solar gains and good day lighting can be achieved. Such a layout would help to minimise housing energy use and carbon dioxide emission and subject to feasibility, roof-mounted renewable energy technologies could be used. This will help to achieve the 15% reduction in CO2 emissions by use of renewable, low carbon or decentralised energy sources, as required by Core Strategy policy CSP5. This can therefore be secured by way of a planning condition and would contribute in respect of moving towards a low carbon economy.

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The applicant also contends that the proposed development will make a contribution to the present and recognised need for sustainable housing within Barnsley, in an urban location that will encourage the use of public transport, walking and cycling. The SYPTE has raised no objections but recommended the following measures which can be achieved via planning conditions:

Improvements to an adjacent public right of way.

Car parking levels to be compliant with the Parking SPD.

Travel plan measures proposed by the applicant to be enforced.

TravelMaster passes to be provided for each dwelling. Overall, whilst the contribution to the environmental dimension of sustainable development would be largely neutral, the proposal would significantly contribute to the economic and social dimensions and as such, the development is considered to be sustainable. On this basis, it is considered the presumption in favour of sustainable development applies. Phasing of Development - Most of the local resident’s letters raise the issue of the proper phasing of development in this part of the Borough. This would have been sought by policy CSP13 which is linked to the adoption of the DSAP. The local residents point to a number of large housing sites being promoted at the same time causing undue pressure on local highway infrastructure and facilities such as schools and medical centres. Nevertheless, given the location of these sites within Urban Barnsley, which is likely to continue to be a main focus for development in the emerging Local Plan, there is a possibility that sites in this area will remain as phase 1 sites (subject to consultation and examination) as they did in the consultation draft of DSAP which was consulted upon in the summer of 2012. Core Strategy Policy CSP14: Housing Mix & Efficient Use of Land - Core Strategy policy CSP14 is concerned to ensure that development makes the most efficient use of land. This development does propose to include a range of different house sizes and tenures and is likely to comply with this aspect of CSP14. With regard to density, CSP14 requires a site such as this that lies largely within the core public transport network to be built out at a minimum density of 45 dwellings per hectare unless it can be demonstrated that a lower density is necessary. Paragraph 9.78 of the Core Strategy expands on the issues that are relevant where justifying a density lower than that required by CSP14. The scheme proposes, according to the applicant’s design and access statement an ‘overall density in the range of up to 40 units per hectare, based on the net developable area of the site’. However, if the site is viewed as a whole the density is only 31 units per hectare. This is below that required by CSP14. Given that there are electricity lines passing over the site, a large swathe of land cannot be developed. Furthermore, there are a number of existing hedgerows and public footpaths that cross the site. The submitted layout is for illustrative purposes only but indicates that the proposed lower density is reasonable in this instance. A local context analysis demonstrates that architectural styles vary significantly throughout the area. Although the mix of housing will be established at the more detailed stage it is envisaged that the development would provide a broad mix of properties in line with the aspirations of National and Local Guidance and the desire to create a mixed and sustainable community. The provision of a mix of house types and styles can be attractive to a wide demographic and help to meet local housing need. Affordable Housing - Core Strategy policy CSP15 identifies that in Mapplewell, 25% of the proposed dwellings should be affordable. The application shows affordable housing at the level

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required by CSP15 and as such there are no objections subject to a condition requiring details of the type, tenure, location and phasing of the proposed 25% affordable housing provision. Green Space Policy - In accordance with Core Strategy policies CSP35, CSP42 and the Supplementary Planning Document (SPD): Open Space Provision on New Housing Developments, all residential developments over 20 units are expected to provide green space. Green Space can be provided on site or in the form of a financial contribution to upgrade existing provision. In this case it is appropriate that provision be required on and off site. A minimum of 15% of the gross area of new housing development must be open space of a type appropriate to the character of the site and its location and which accords with the standards laid out in the SPD. The application shows considerably more than this within a central open area affected by overhead electricity lines. Due to the size of the site it is considered appropriate in this instance to incorporate all informal open space and a minimum LEAP standard children's play area on site. The precise nature of the POS will be determined at the detailed planning stage. Provision of the ongoing maintenance of the on-site open space (either by means of a management company or Park Services) will be required in line with the SPD. In terms of the formal recreation requirement, the development is not providing any on-site provision therefore an off-site contribution will be appropriate due to existing facilities that require investment and upgrading. A green space assessment in the administrative area will determine where these monies are recommended to be spent and provide the figure for off-site improvements to formal recreation. Education - Education have expressed concerns, as they consider that parents from this site would prefer their children to attend Wellgate or Mapplewell Primary, which are currently oversubscribed. From a planning perspective, it is not considered that it would be reasonable to withhold permission if a £250k contribution was secured to provide additional accommodation at one of the local schools. The applicant is agreeable to providing this contribution, which would be included within a S106 agreement. The agreement would not stipulate which school the accommodation would be provided at as this decision would depend on circumstances at the time it was received. Residential Amenity - This is an outline application for up to 250 dwellings with only the proposed means of access to be considered. However, an indicative layout is submitted which shows that the site could be developed for up to 250 houses subject to consideration of detailed plans. Given the size of the developable area of the site (5.84 hectares) this order of dwellings could be provided as long as the normal space standards set out in the Councils SPD Designing New Housing Development are met. The use of appropriate layout, landscaping and robust boundary treatments will help to reduce the potential for overlooking, obstructing outlook and overshadowing. This is a sloping site so care will need to be taken when siting new buildings close to sensitive boundaries to ensure the new development does not impinge unduly upon existing dwellings. Some residents have sought restrictions on the type of dwellings that can be built at the margins of the site but this is not necessary as this can be controlled at the reserved matters stage if deemed necessary. Visual Amenity - The site is used by local residents as it contains public rights of way and provides for informal recreation (including dog walking) but it is not a landscape of any particular visual merit. The site was in the past used for open cast mining but there are hedgerows and self-seeded trees in an undulating open area and the indicative layout allows for retention of the

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most important features. There will be large swathe of open land due to overhead electricity lines precluding development increasing the density in the developable areas. However, it is likely that the density will still below what is required by the Core Strategy policy CSP14 taking account of public open space requirements. Bearing this in mind the prospect is that at reserved matter stage a high quality development can be achieved through negotiation that utlises the existing topography and physical features to create local distinctiveness and visual interest. Trees - The site contains a large number of self-set trees which have colonised the site since agricultural production was ceased. Likewise there are still the field boundaries hedgerows present within the site as well as occasional trees close to or on the boundary line. There are no trees of a significant size or age on the site, however those present do have value and are visible to the public. The draft layout provided shows that the main field boundary hedges will be retained where possible as will the slightly older trees close to or on the boundaries. Inevitably the self-set specimens which have colonised the site are in the main to be removed however these trees fall into retention category C and as such are not considered a constraint to development. There is a large area of open space shown running through the site and in this area the retention of some of the existing tree stock should be attempted where appropriate. The provision of a large amount of open space offers scope for a large amount of high quality tree planting and as such a full landscaping scheme will be required when the reserved matters are submitted. Given that the mature existing hedgerows are to be retained along with some trees then tree protection details will be required along with an arboricultural method statement dealing with any conflicts. In terms of the access which is to be agreed at this stage, there will be some localised removals of short sections of hedgerows which is acceptable as well as the removal of some of the self-set trees. Highways - This is a resubmission of planning application 2013/1073 that was refused on highway grounds in relation to the details of the access. However, this submission differs in that the means of access is not to be determined at this stage, indeed all matters are reserved for future consideration and only the principle of the residential development of the land is being established. The submission has the same supporting documentation as previously, but the proposed access location is purely indicative, as the exact location and design will be the subject of reserved matters. The Transport Assessment does not therefore include recently committed developments, which include a scheme for 200 units at Lee Land Royston and a scheme for up to 175 dwellings at Dearne Hall Road, Low Barugh. The Transport Assessment for the Barugh Green site showed a total of 24 two-way development related trips travel along Dearne Hall Road (to the north of the site) in the AM peak with 33 two-way trips heading along this route in the PM peak. Based on the layout of the road network in the vicinity of the Wakefield Road west application it is unlikely that any of the Barugh Green trips would travel on Wakefield Road past the site frontage. It is possible however, that a certain number of the Barugh Green trips would travel through two of the four junctions assessed within the Transport Assessment submitted with this application (Shaw Lane/Wakefield Road junction and the Wakefield Road/Bar Lane). If the trips from Barugh Green were split evenly between these two junctions then an increase in trips over and above that within the Wakefield Road (west) application Transport Assessment would be 12 in the AM peak and 17 in the PM peak. It should be noted however, that this would be a worst case assumption, as there are a number of junctions between the Barugh Green site and the

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two aforementioned junctions, therefore increasing the likelihood of trips taking alternative routes and not travelling through these junctions. In view of the above, Highways do not consider that the impact on the Wakefield Road/Bar Lane junction is significant enough to warrant mitigation but, because of the impact of the traffic from the site at Lee Lane, Royston, there is a need to secure improvements to the Shaw Lane/Wakefield Road junction. This is confirmed by the findings of the Transportation Assessment submitted with the application at Lee Lane, which included this site as a committed development and so tested the impact on the highway network should both developments be completed. It concluded that junction improvements would be required to the Lee Lane/Wakefield Road junction and the Shaw Lane/Wakefield Road junction. However, because the previous application at this site was refused, the Transportation Assessment at Lee Lane was amended meaning that only the Shaw Lane/Wakefield Road junction improvement was required. The developer has reviewed the Transport Assessment submitted with the Lee Lane application and accepts that the Lee Lane/Wakefield Road junction improvement would be required to mitigate the combined impact of traffic generated by this site and the one at Lee Lane. Subject to a condition securing this improvement, Highways are content that cumulative impacts have been thoroughly assessed and that the identified impacts do not require any further mitigation. Any proposed junction would have to be designed to meet the relevant design standards, which would be secured by way of a S278 agreement, the parameters for which would be specified in a planning condition. These would include the provision of a right turn lane including pedestrian refuges. A pedestrian access is shown from Wakefield Road to the north of the site on the indicative layout which includes pedestrian routes to connect with Public Rights of Way linking the site to Blacker Road (to the south via Hope Street or Cloverlands Drive) and Paddock Road (to the north Public Rights of Way). The nearest existing bus stops to the site are located on both sides of Blacker Road ensuring the majority of dwellings would be within 400m walking distance of these stops. As such, the inclusion of pedestrian routes will ensure maximum linkage between the site and the surrounding local facilities as well as ensuring good access to public transport. South Yorkshire Transport Executive raise no objections subject to improvements to the adjacent public right of way, implementation of measures in the travel plan and provision of public transport season tickets. The site is well located to encourage trips other than by private car and conditions can be imposed requiring a residential Travel Plan and public transport season tickets to encourage modal shift. Although the means of access is a reserved matter it is considered that a suitable access can be provided. The proposal therefore accords with sustainable transport policies within the NPPF and Core Strategy policies CSP 25 & CSP 26. Drainage - In respect of drainage, the proposed surface water drainage systems would be designed with an allowance for climate change and restricted to the greenfield discharge rates with appropriate attenuation proposals incorporated into the design. However, as run off would be discharged into the watercourse it is considered necessary to impose a Grampian condition requiring a CCTV inspection to be carried out on the affected section of the culvert to ascertain its condition. More details on this is given in the ‘Drainage’ Section of the report. The site falls within Flood Zone 1 and it is therefore unlikely that there will be any flooding from the existing watercourses passing through the site. However, in order to accommodate the possibilities of flooding from extreme storm or blocked watercourse or sewers, it is

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recommended that ground floors to the properties are to be constructed at a minimum level of 150mm above external ground level or 300mm above the nearest embankment to the watercourses passing through the site. The proposals include a new connection to the watercourse crossing the site. In addition, in accordance with policy CSP4, the proposed surface water drainage systems would be designed with an allowance for climate change and restricted to the greenfield discharge rates with appropriate attenuation proposals incorporated into the design. As such, surface water run off rates from the site into the watercourse would be reduced as a result of the proposed development. Downstream and off-site this watercourse is culverted and residents and members have expressed concern that a section of it has previously backed up causing localized flooding. Given that surface water run-off from the site would be reduced, the development would not exacerbate flooding issues experienced off site. However, as run off would be discharged into the watercourse it is considered necessary to impose a Grampian condition requiring a CCTV inspection to be carried out on the affected section of the culvert to ascertain its condition. In the event that it requires repair, the condition would require a scheme to be submitted to and approved in writing by the Local Planning Authority. In this case, because the affected section of the culvert is in private ownership, it is likely that the scheme would involve the payment of a contribution (secured by way of a S106 agreement) to cover the cost of repair. There was an objection from Yorkshire Water because the public sewer would be affected by the siting of a single dwelling on the illustrative layout. However, the layout provided is indicative and a condition can be imposed to secure the necessary stand off from the sewer. There are no objections in principle to the proposals but due to the size of the development and potential impact on the watercourse and to ensure that the outfall is investigated further, full drainage details would be required at the reserved matters stage. Subject to the compliance with the above, the proposed development can satisfy the requirements of the National Planning Policy Framework, its accompanying Technical Guidance in relation to flood risk and accords with Core Strategy policies CSP1, CSP 3 and CSP4. Ecology - The application is supported by a detailed Ecological Assessment, which demonstrates that there are no statutory sites of nature conservation importance within the site or within 1 km of the boundary. The indicative layout includes the retention of the majority of hedgerows, creation of a wide belt linear greenspace through the centre of the site and creation of a new Sustainable Urban Drainage systems (SUDs) pond. Part retention of the hedgerows and grassland is welcomed and will ensure key features are partially retained whilst the pond will provide a degree of biodiversity enhancement. As the application is in outline only, it is not necessary to prescribe the exact mitigation required to off-set the loss of habitat/impact on biodiversity but the applicant has demonstrated that it is possible to avoid harm to biodiversity through effective mitigation, in accordance with policy CSP 36. Coal Mining Legacy - The application site falls within the defined Development High Risk Area; therefore within the application site and surrounding area there are coal mining features and hazards which need to be considered in relation to the determination of this planning application. The Coal Authority considers that the content and conclusions of the submitted Preliminary Appraisal Report are sufficient for the purposes of the planning system and meet the requirements of the NPPF in demonstrating that the application site is, or can be made, safe and stable for the proposed development. The Coal Authority and SYMAS therefore have no objection to the proposed development subject to the imposition of conditions. Land Contamination - The submitted Phase 1 Desk Study recommends that an intrusive investigation is required to assess any degree of contamination that may affect the

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development. This can be dealt with through the use of a planning condition. Accordingly, the Council’s contaminated land officer raises no objections. Conclusions The members have previously refused permission (2013/1073) due to concerns about visibility and safe vehicular movement in the vertical alignment of the proposed access. No other issues were raised by Members. This decision is the subject of a planning appeal. The current application is in outline with all matters reserved. An indicative layout is submitted for information only. The proposal is contrary to saved UDP policy with regard to the ULTRU designation of the site. However, other material considerations do carry significant weight with regard to the determination of this application. In particular, the Council cannot currently demonstrate a five year supply of specific, deliverable sites for residential development and the proposed site is located in Urban Barnsley which is identified in the Core Strategy as the priority settlement for growth. As explained above, this necessitates the application of the NPPF presumption in favour of sustainable development and it is not considered that there are any significant and demonstrable adverse impacts that would outweigh the benefits associated with the granting of planning permission.

Recommendation

Grant subject to:- 1 Application for approval of the matters reserved in Condition No. 2 shall be made to

the Local Planning Authority before the expiration of three years from the date of this permission, and the development, hereby permitted, shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved. Reason: In order to comply with the provision of Section 92 of the Town and Country Planning Act 1990.

2 The development hereby permitted shall not be commenced unless and until approval of the following reserved matters has been obtained in writing from the Local Planning Authority:- (a) the layout of the proposed development. (b) scale of building(s) (c) the design and external appearance of the proposed development. (d) means of access (e) landscaping Reason: In order to allow the Local Planning Authority to assess the details of the reserved matters with regard to the development plan and other material considerations.

3 Detailed plans shall accompany the reserved matters submission indicating existing ground levels, finished floor levels of all dwellings and associated structures, road levels and any proposed alterations to ground levels. Thereafter the development shall proceed in accordance with the approved details. Reason: To enable the impact arising from need for any changes in level to be assessed in accordance with Core Strategy Policy CSP 29, Design.

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4 Notwithstanding the details provided within the submitted ecological assessment detailed plans shall accompany the reserved matters submission indicating biodiversity mitigation and enhancement measures. Thereafter the development shall proceed in accordance with the approved details. Reason: In order to ensure that proper biodiversity mitigation and enhancement measures are put in place in accordance with Core Strategy policy CSP36 Biodiversity and Geodiversity.

5 A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any part thereof, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out in accordance with the approved plan. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.

6 Prior to any works commencing on site, a condition survey (including structural integrity) of the highways to be used by construction traffic shall be carried out in association with the Local Planning Authority. The methodology of the survey shall be approved in writing by the Local Planning Authority and shall assess the existing state of the highway. On completion of the development a second condition survey shall be carried out and shall be submitted for the written approval of the Local Planning Authority, which shall identify defects attributable to the traffic ensuing from the development. Any necessary remedial works shall be completed at the developer's expense in accordance with a scheme to be agreed in writing by the Local Planning Authority Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

7 The dwellings shall achieve Code Level 3, in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been submitted to the Local Planning Authority certifying that Code Level 3 has been achieved. Reason: In the interest of sustainable development in accordance with Core Strategy Policy CSP2.

8 Prior to commencement of development, details of a scheme to reduce the developments carbon dioxide emissions by at least 15% by using decentralised, renewable or low carbon energy sources or other appropriate design measures shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and upon completion of the development a report shall be submitted to and approved by the Local Planning Authority demonstrating that at least a 15% reduction in carbon dioxide emissions has been achieved. In the event that the use of other decentralised, renewable or low carbon energy sources or other appropriate design measures are also required to achieve a 15% reduction in carbon dioxide emissions, full details of such proposals and a timetable for their implementation shall be submitted to and approved in writing by the Local Planning Authority prior to installation. The approved details shall be implemented in accordance with the approved timetable and all the approved measures shall be retained as operational thereafter. Reason: In the interest of sustainable development, in accordance with Core Strategy policy CSP5.

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9 The development hereby permitted shall not begin until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of or enhancement to on site and off-site public open space in accordance with Core Strategy policy CSP 35 and the Open Space Provision on New Housing Developments SPD. The provision or enhancement of the on site and off site open space shall be provided prior to completion of the development in accordance with the approved scheme. Reason: In the interests of residential and visual amenity to ensure adequate provision of public open space in accordance with Core Strategy Policy CSP 35 and the Open Space Provision on New Housing Developments SPD.

11 No development shall commence until full details of the measures set out in the Travel Plan and to encourage the use of public transport in accordance with policy CSP25 by providing the first principle occupant of each dwelling a one year annual South Yorkshire Travelmaster pass for the Barnsley area have been submitted to and approved in writing by the Local Planning Authority. Once approved the scheme shall be implemented until all the dwellings are first occupied. Reason: To encourage the use of alternative modes of transport to the car in accordance with policy CSP25.

12 Details shall accompany the reserved matters submission indicating how it is intended to secure the improvement and retention of or provision of alternative footpaths. Thereafter the development shall proceed in accordance with the approved details. Reason: In the interests of residential amenity and to ensure that pedestrian access is facilitated in accordance with Core Strategy policy CSP25.

13 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries of materials shall only take place between the hours of 0800 to 1800 Monday to Friday and 0900 to 1400 on Saturdays and at no time on Sundays or Bank Holidays. Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

14 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: - The parking of vehicles of site operatives and visitors - Means of access for construction traffic - Loading and unloading of plant and materials - Storage of plant and materials used in constructing the development - The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate - Wheel washing facilities - Measures to control the emission of dust and dirt during construction - Measures to control noise levels during construction Reason: In the interests of highway safety, residential amenity and visual amenity and in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement, and CSP 29, Design.

15 No development works shall begin until the following has been submitted to and agreed with the Local Planning Authority:

A) A report, endorsed by a competent engineer experienced in ground contamination and remediation,

1. A survey of the extent, scale and nature of contamination.

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2. An assessment of the potential risks to human health, property, adjoining land, groundwaters and surface waters, ecological systems and archaeological sites and ancient monuments. 3. An appraisal of remedial options, and proposal of the preferred option(s). 4. A remediation statement summarising the works to be undertaken (if required). The above must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. The development shall thereafter be undertaken in full accordance with the submitted report. For further information, see BMBC's Supplementary Planning Guidance 28, "Developing Contaminated Land". B) A Sirius report No.C3982, site investigation works to investigate the mining legacy risks. Suitable engineering/remedial solutions must then be identified to ensure the safe and sustainable development of the site. The site investigation and subsequent development should be undertaken in compliance with CIRIA publication 32 "Construction over abandoned mine workings'' where applicable. Reason: To protect the environment and ensure the site is suitable for the proposed use and in accordance with NPPF section 120 & 121 Land stability and Core Strategy policy CSP39 Contamination and Unstable Land.

16 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no building or structure shall be placed or erected within 3 metres, measured horizontally, of any sewer or culverted watercourse. Reason: To prevent damage to the existing [sewer, watercourse or culverted watercourse] in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

17 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no building or structure shall be placed or erected within 4 metres, measured horizontally either side of the centre line of the twin 12'' live water mains. Reason: To prevent damage to the existing [sewer, watercourse or culverted watercourse in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

18 No development shall take place until: (a) Full foul and surface water drainage details, including a scheme to reduce surface water run off by at least 30% plus an allowance for climate change and a programme of works for implementation have been submitted to and approved in writing by the Local Planning Authority: (b) A CCTV survey of the section of the culverted watercourse shown on the attached plan is undertaken to demonstrate its adequacy. In the event that the culvert is in need of repair, a scheme shall be submitted to and approved in writing by the Local Planning Authority. (c) Porosity tests are carried out in accordance with BRE 365, to demonstrate that the subsoil is suitable for soakaways; (d) Calculations based on the results of these porosity tests to prove that adequate land area is available for the construction of the soakaways;

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Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development. Reason: To ensure proper drainage of the area in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

19 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority before development commences. Reason: To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system, which will prevent overloading in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

20 Development shall not commence until details of the phasing of the development has been submitted and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details. Reason: To ensure a safe and adequate highway network, in accordance with Core Strategy Policy CSP 26.

21 Prior to the commencement of development, details shall be submitted to and approved in writing by the Local Planning Authority of arrangements which secure the following highway improvement works: - Carriageway widening; radius improvements, carriageway and footway resurfacing;

provision of 2 no. pedestrian refuges and associated tactile paving and white lining; alterations to white lining, highway drainage, street lighting and furniture as required; provision of waiting restrictions under Traffic Regulation Order legislation; provision of right turn lane.

- Widening of Lee Lane carriageway to create left and right turn lanes; The works shall be completed in accordance with the approved details and a timetable to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

22 A scheme for disposing of surface water by means of a sustainable drainage system shall accompany the reserved matters application. The scheme shall include the following details: - Information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; - A timetable for its implementation; and - A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker or any other arrangements to secure the operation of the scheme throughout its lifetime. The development shall be implemented in accordance with the approved sustainable drainage scheme and maintained thereafter in accordance with the approved management and maintenance plan. Reason: To ensure proper, sustainable drainage of the area in accordance with Core Strategy Policy CSP 3.

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23 No development shall commence until such time as a S.106 agreement substantially in the form of the draft attached has been entered into for the provision of off-site education facilities. The provision of off site education facilities shall be provided in accordance with the approved scheme. Reason: To ensure children can be accommodated in local primary schools in accordance with policy CSP 42.

24 Visibility splays, having the dimensions 2.4m x 120m, shall be safeguarded at the junction of the access spine road with Wakefield Road, such that there is no obstruction to visibility at a height exceeding 1.05m above the nearside channel level of the adjacent highway. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

25 Prior to commencement of development details of enhancements to the public rights of way linking the site to Paddock Road and Blacker Road shall be submitted to and approved in writing by the Local Planning Authority. Details shall include installation of porous, hardstanding footpaths along unsurfaced sections, necessary repair and resurfacing of existing surfaced sections, necessary installation of lighting and a timescale for implementation. The enhancements shall be carried out in accordance with the approved details. Reason: In the interests of providing safe pedestrian links to nearby services and public transport in accordance with Core Strategy policy CSP25.

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Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA100022264 – 2012

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2014/0249 Erection of residential development of up to 250 no. dwellings. (Outline - All Matters Reserved) (Resubmission) Land off Wakefield Road, Mapplewell, Barnsley

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2013/1051 Miss M Cunningham Change of use of storage caravan (static) to 1 No. Gypsy pitch, including erection of portable day room/utility block and improvement works to the site (including removal of railway carriage, lockup containers and deposited materials). Land South of Grange Road Royston, Barnsley.

8 individual letters of objection, 173 standard format letters and a petition containing 57 signatures received. Cllrs Tim Cheetham & Tracey Cheetham also strongly object. Background Members will recall that this application was deferred for a site visit in January and then deferred at PRB in February following a written ministerial statement by Local Government Minister Brandon Lewis indicating that the Government was considering the case for changes to the planning definition of ‘travellers’ to reflect whether it should only refer to those who actually travel and have a mobile or transitory lifestyle (therefore excluding those who have ceased travelling and who now live in a house, as is the case with this applicant). Members were also concerned that the site was being used for dog kennelling despite there being no permission for such a use. Following February PRB, officers contacted the Department of Communities and Local Government to try and ascertain when the suggested consultation was likely to take place but no date or approximate timescale was provided. In the absence of such a date, it is not considered reasonable to refuse to determine the application, particularly as we could only afford limited weight to what would be included in any such consultation. In addition, at the request of officers, the unauthorised dog kennelling use has now ceased. Site Description The application relates to Grange Farm off Grange Road in Royston. The site equates to approximately 9 acres and has previously been used for agricultural purposes. On the site is a static caravan, two modern barns and a number of smaller out buildings and structures. The site is within the Green Belt and lies to the south of a large housing estate consisting of predominantly semi-detached ex Local Authority properties. Access is taken off Grange Road between two pairs of semi-detached properties via a track. Proposed Development The applicant seeks permission to change the use of the existing static storage caravan to 1 no gypsy pitch. The applicant also seeks permission for a single storey; portable day room/ utility block. The building would be ‘L’ shaped with a maximum width of 5.6m, length of 8.5m and height of 3.9m (2.3m to the eaves). The building would accommodate a dayroom, a kitchen and a bathroom and would be positioned immediately to the west of the static caravan. As part of the proposal and as a justification, the applicant would carry out improvement works to the site including the removal of a railway carriage, lockup containers and deposited materials. The remainder of the site will continue to be used for the purposes of farming activities and keeping of horses which are grazed on the land. The agricultural buildings would therefore continue to be used to store hay, farming equipment and implements.

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Site History 01/0248 – Siting of non-residential caravan (existing use) Certificate of Lawfulness - approved 03/0968 – Erection of cattle shed, store and barn – approved subject to the following conditions 2012/0320 – Erection of 1 no. agricultural dwelling - Withdrawn Policy Context Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy, saved Unitary Development Plan policies and The Yorkshire and Humber Regional Spatial Strategy. The RSS continues to form part of the development plan but the Government’s intention to abolish Regional Spatial Strategies is a material consideration. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation. Core Strategy CSP18 ‘Sites for Gypsies, Travellers and Travelling Showpeople’

Sites will be allocated to meet the shortfall in provision of permanent sites. The following criteria will be used in allocating sites and in determining planning applications for sites:- In terms of their broad location sites will:

Have good access to facilities

Be primarily located within urban areas In terms of their specific location the sites will:-

Not be in an area of high flood risk

Not be affected by contamination, unless the site can be adequately remediated

Have adequate vehicular and pedestrian access from the highway

Provide a good safe living environment with appropriate standards of residential amenity

Have the ability to be developed in accordance with the CLG Gypsy and Traveller Site Design Guide (May 2008)

Have no other restrictive development constraints CSP34 ‘Protection of the Green Belt’ In order to protect the countryside and open land around built up areas the extent of the Green Belt will be safeguarded and remain unchanged. The Green belt boundaries will be subject to localised review only which may result in changes necessary to deliver the Borough’s distribution of new employment sites set out in CSP12.

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CSP 29 sets out the overarching design principles for the borough to ensure that development is appropriate to its context. The policy is to be applied to new development and to the extension and conversion of existing buildings. Other material considerations South Yorkshire Residential Design Guide - 2011 NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. In respect of this application, paragraphs 87 and 89 are relevant which state inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. A local authority should regard the construction of new buildings as inappropriate in Green Belt. Planning Policy for Traveller Sites This document sets out the Government’s planning policy for traveller sites and should be read in conjunction with the NPPF. Policy E: Traveller sites in the Green Belt Inappropriate development is harmful to the Green Belt and should not be approved, except in very special circumstances. Traveller sites (temporary or permanent) in the Green Belt are inappropriate development. Policy H: Determining planning applications for traveller sites

Local planning authorities should consider the following issues amongst other relevant matters when considering planning applications for traveller sites: - the existing level of local provision and need for sites - the availability (or lack) of alternative accommodation for the applicants - other personal circumstances of the applicant - that the locally specific criteria used to guide the allocation of sites in plans or which

form the policy where there is no identified need for pitches/plots should be used to assess applications that may come forward on unallocated sites

- that they should determine applications for sites from any travellers and not just those with local connections

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Consultations

Highways DC – No objections

Regulatory Services – No objections Public Rights of Way Officer – No objections Gypsy & Traveller Liaison Officer – Acknowledges there is an unmet need across the borough and that there are no other available sites.

Ward Councillors – Cllrs Tim Cheetham & Tracey Cheetham object on the following grounds:

Inappropriate development in the Green Belt

Concerns that the family do not have a nomadic lifestyle akin to that of travellers.

Not a suitable solution to the family issues raised

Noise and disturbance

Blockage of a public right of way

Better alternatives have not been considered by the applicant Representations 8 individual letters of objection, 173 standard format letters and a petition containing 57 signatures. The application was also subject to a special Royston Tenants and Residents Association (T.A.R.A) meeting, the minutes of which have been provided. The main points of concern are: - Agricultural Green Belt land - Noise and Disturbance - Unsuitable access - Restriction of public right of way - Set a precedent for similar future applications Assessment Principle of Development - When assessed against policy CSP 18, the site is on the edge of Royston and therefore has good access to facilities. It is not in an area of high flood risk or affected by contamination and has adequate vehicular and pedestrian access from the highway. It would also provide a good safe living environment with appropriate standards of residential amenity with the ability to be developed in accordance with the CLG Gypsy and Traveller Site Design Guide (May 2008). However the caravan and proposed day room/utility building would be located within the Green Belt. The construction of traveller sites and new buildings is inappropriate within the Green Belt. Inappropriate development is, by definition, harmful to the green belt and should not be approved except in very special circumstances. Very Special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. As explained under the headings, ‘Residential Amenity’, ‘Visual Amenity’ and ‘Highway Safety’, other than the potential for a very modest increase in vehicular movements to and from the site, it is not considered that there is any other harm over and above that associated with the fact the proposal is, by definition, inappropriate development in the Green Belt.

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In this case the applicant has put forward the following arguments in an attempt to demonstrate that, cumulatively, they represent very special circumstances capable of outweighing the harm to the Green Belt by inappropriateness:

Unmet need for Gypsy & Traveller sites in Barnsley

The requirement to meet the urgent need of the applicant in the short term and the family’s personal circumstances.

The current lack of provision for new gypsy sites within the emerging LDF and other policy provisions

The reuse of the existing static caravan is akin to the reuse of other rural buildings for residential purposes.

The proposal includes measures to improve and tidy the existing site which will be to the benefit of the Green Belt.

It is acknowledged that the South Yorkshire Gypsy and Traveller Accommodation Needs Assessment (the updated figures published as recently as January 2012) identify an immediate shortfall of 28 pitches within Barnsley, and this pitch requirement will rise to 37 by 2017. However, in July 2013 Eric Pickles, communities secretary, stated that in considering planning applications, although each case will depend on its facts, he considers that the single issue of unmet demand, whether for traveller sites or conventional housing is, on its own, unlikely to outweigh harm to the green belt or other harm to constitute the ‘very special circumstances’ justifying inappropriate development in the green belt. In this case, the applicant is presenting additional considerations other than just unmet need. As well as acknowledging an unmet need, it is accepted that there is a lack of provision for new sites across the borough and it is also considered that the reuse of an existing caravan does not conflict with any of the purposes of including land within the Green Belt. The Council’s Gypsy & Traveller Liaison Officer acknowledges that unmet need and lack of provision across the borough. Measures to improve and tidy the site will also enhance the visual amenity of the Green Belt so collectively these lend weight in favour of the proposal. The remaining consideration relating to the urgent need of the applicant and the family’s personal circumstances is less straightforward: Urgent need of the applicant and the family’s personal circumstances The applicant has resided in rented houses in recent years and when the application was originally submitted there was some uncertainty regarding the extent to which the family followed a nomadic lifestyle. This was reinforced by the fact that neither the applicant nor her partner (who is not a gypsy/traveler) are primarily involved in trades not traditionally associated with a travelling lifestyle (the applicant is a cleaner and her partner is a car dealer). The applicant maintains that the reason the family live in a dwelling is due to lack of gypsy and traveler pitches in the borough and the need to ensure continuity of her children’s education. The children are registered with education as of Romany Origin and attendance records show that they do take authorized absence from school to travel. As such, it is difficult to argue that some form of nomadic lifestyle has continued despite the applicant living in a dwelling. However, given the uncertainty surrounding this issue and the fact the site is within the Green Belt, officers have suggested a similar approach should be taken to the one adopted when applications for agricultural workers dwellings are considered. In particular, that if members are minded to approve the application, this should be for a temporary period to allow a review of the extent to which the family has continued to follow a nomadic lifestyle since moving to the site and to enable a further assessment in relation to unmet need and provision of sites across the Borough. Officers are therefore suggesting a temporary period of 3 years by which time, a new local plan showing allocated sites, should be adopted.

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Residential Amenity - There have been in excess of two hundred objections to this application and also a special Royston Tenants and Residents Association meeting which the applicant attended. A number of the objections were relating to nuisance through dogs barking, fires burning etc. However, Regulatory Services have attended the site on a number of occasions unannounced and the objections/complaints have so far been unsubstantiated. From a planning perspective the existing caravan is located in excess of 50m from the rear garden of the nearest dwellings to the north and even with the introduction of an additional caravan, the overall appearance of the site would be improved as a result of the proposal. Given the separation distance, the proposal will not detrimentally impact on existing residents in terms of overshadowing, overlooking or loss of outlook. The proposal may result in a modest increase in vehicular movements to and from the site but, as long as the site is not used for commercial purposes, this should not have a significantly detrimental impact on the amenity of existing residents. Issues cited in the objections (dogs barking, burning) can be addressed by other legislation and do not therefore provide a justification to refuse the application. Taking the above into account, it is not considered that the proposal would have a detrimental impact on the amenity of nearby residents. Visual Amenity - The caravan is already in situ on the site, due to its use for storage in association with the agricultural use, and would remain in its current position. However, a new structure is proposed immediately adjacent to the caravan which would accommodate a day room, kitchen and bathroom. This would be a portable building that would have to be removed at the end of the 3 year period (in the event that temporary permission was granted and that no subsequent application for a permanent permission was approved). As part of the application, the site would be tidied with some structures removed. Visually this would offset harm to the Green Belt associated with the introduction of the use. Highway Safety - Although the access to the site is relatively narrow and unmade, the proposed use is unlikely to generate significantly more vehicular movements than the agricultural use, therefore, Highways DC have raised no objections to the proposal. Public Right of Way - There is a public right of way crossing the site. The proposed structures do not affect the route of the right of way and the applicant is legally required to ensure it is made available. The PROW was blocked recently but this was due to the fact it had become overgrown. As such, the PROW Officer raises no objections. Summary The site is on the edge of Royston and therefore has good access to facilities. It is not in an area of high flood risk or affected by contamination and has adequate vehicular and pedestrian access from the highway. It would also provide a good safe living environment with appropriate standards of residential amenity with the ability to be developed in accordance with the CLG Gypsy and Traveller Site Design Guide (May 2008). In these respects it complies with policy CSP 18. The caravan and proposed day room/utility building would be located within the Green Belt but the unmet need for Gypsy & Traveller pitches across the borough combined with that the proposed improvements to the appearance of the site and that reuse of the existing static caravan is akin to the reuse of other rural buildings for residential purposes lend significant weight in favour of the application. However, the weight that can be given to the personal circumstances of the family is less clear and for this reason, it is suggested that a temporary permission should be granted for a period of 3 years.

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Recommendation Grant subject to the following conditions 1 The use hereby permitted shall be for a limited period ceasing on the 22nd January 2017

and the site shall not be occupied by any persons other than the applicant, her partner and children. Thereafter, the use shall cease and the portable building and any additional caravan brought onto the site shall be removed. Reason: In the interests of the visual amenities of the Green Belt and in accordance with Core Strategy Policies CSP 18 & CSP 34

2 The development hereby approved shall be carried out strictly in accordance with the plans (1695/002 Rev C) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.

3 No more than 2 caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (of which no more than 1 shall be a static caravan) shall be stationed on the site at any time. Reason: In the interests of the visual amenities of the Green Belt and in accordance with Core Strategy Policies CSP 18 & CSP 34.

4 Prior to commencement of the use, the railway carriage, shipping container and livestock building shown on Drawing No. 1695/003 shall be removed from the site Reason: In the interests of the visual amenity of the Green Belt.

5 No commercial or industrial activities shall take place on the land, no additional portable buildings shall be brought onto the site and no outside storage shall at any time take place on the site. Reason: In the interests of the residential amenities of nearby residents and the visual amenity of the Green Belt.

6 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the position of boundary treatment to be erected. The boundary treatment shall be completed before the dwelling is occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with Core Strategy Policy CSP 29, Design.

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2013/1051 –Change of use of storage caravan (static) and 1 no gypsy pitch, including erection of day room/utilities block and improvement works to the site (including removal of railway carriage, lockup containers and deposited materials) – Land south of Grange Road, Royston, Barnsley

Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Barnsley MBC Licence Number LA10002264

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2014/0095 Mr Stephen Norton Erection of 3 No detached dwellings and garages Land to west of Wellhouse Lane and to the North of Barnsley Road, Penistone

6 Letters of objection Councillor Starling objected and requested that the application be referred to Planning Regulatory Board Background There is no relevant site history. Description The site lies on the outskirts of Penistone and is a roughly rectangular plot of land. The surrounding character comprises a mix of single and two storey properties, built of brick or stone with tiled roofs. The site is bounded by Barnsley Road to the south, with a bungalow and two storey buildings opposite. A private road off Wellhouse Lane forms the northern boundary (which serve 6 existing dwellings including a mix of one and two stories), a bungalow lies to the east with two storey terraced dwellings beyond Wellhouse Lane, and the grounds of Bump Hall lie to the west beyond a stand of trees. The land is currently used for grazing and has a steep gradient which falls from north to south and more gently from east to west. A stone wall provides the boundary to Barnsley Road, with post and rail fencing to the north and west, and a stone wall to the east. The site is located approximately 700m from Penistone Town centre and within easy walking distance of schools, shops, doctors surgery etc. It is served by public transport links and the applicant considers it is in a sustainable location. Proposed Development Permission is sought to erect 3 dwellings with garages. It is also proposed to plant a woodland copse to enhance the setting and provide enclosure and to separate the dwellings from Barnsley Road. The 3 dwellings would each have 4 bedrooms and be set within spacious gardens and take advantage of the steeply sloping site by being two storey to the front where they would be viewed from existing dwellings off Wellhouse Lane as traditional two storey dwellings, and part 3 storey to the rear elevations, to best utilise the steeply sloping site and provide private, south-facing back gardens screened by a proposed woodland boundary. The dwellings would lie in the centre of the plot, with long front gardens with terracing leading down to a woodland shelter belt adjacent Barnsley Road, where pedestrian access gates are proposed through the existing boundary stone wall. The front elevation of the dwellings are of traditional design with timber front doors and traditional style windows with stone cills and lintels. The rear elevation includes similar features but incorporating some modern elements such as large glazed areas. Materials are proposed to be of course grit stone walls and artificial stone slate roof with stone cills, lintels and quoins, with timber doors. Footpaths and stone steps with stone boundary walls lead to the rear doors from Barnsley Road and separate the properties. Bin storage is intended to be further along the private lane towards Well House Lane.

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The application has been submitted with the following documents: - Phase 1 site investigation report - Ecology Report - Tree Survey - Arboricultural Implication Statement - Arboricultural Method Statement - Design and Access Statement Policy Context Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and the saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation. Core Strategy CSP 26 – New Development and Highway Improvement – New development will be expected to be designed and built to provide safe, secure and convenient access for all road users. CSP29 – Design – High quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley. Development should enable people to gain access safely and conveniently. CSP2 – sustainable construction – all dwellings will be expected to demonstrate how it minimises resource and energy consumption. CSP 36 - Geodiversity and Biodiversity Saved UDP Policies Policy H8 (Existing Residential Areas) – Areas defined on the proposals map as Housing Policy Areas will remain predominantly in residential use. H8A – The scale, layout, height and design of all new dwellings proposed within the existing residential areas must ensure that the living conditions and overall standards of residential amenity are provided or maintained to an acceptable level both for new residents and those existing, particularly in respect of the levels of mutual privacy, landscaping and access arrangements. H8D – Planning permission for infill, back land or tandem development involving single or a small number of dwellings within existing residential areas will only be granted where development would not result in harm to the local environment or the amenities of existing residents, create traffic problems or prejudice the possible future development of a larger area of land.

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SPDs/SPGs SPD ‘Designing New Housing Development’ SPD ‘House Extensions’ SPD ‘Parking’ provides parking requirements for all types of development. Other material considerations South Yorkshire Residential Design Guide - 2011 NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. In respect of this application, relevant policies include: General principles para 17 Design para 58 – 65 Consultations Design – no comments received Highways DC – no objections subject to conditions Regulatory Services – No objections subject to conditions Forestry Officer – no objection subject to conditions Penistone Town Council – object as the site is greenfield and 3 storey houses are considered inappropriate for this area of predominantly bungalows, there may be difficulties with vehicular access and an established footway has existed for almost 80 years. Waste management plans are considered inadequate. Drainage – No objections subject to conditions Yorkshire Water - no objection subject to conditions Representations The application was advertised by site notice for local interest and by neighbour notification letter to local residents. 6 letters of objection have been received which raised the following issues:

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Concerns that increased vehicular use of the access will cause increased traffic problems on Wellhouse Lane due to overtaking of existing parked cars. It is considered that Wellhouse Lane already has congestion problems

The proposed access has never been a road, and there is a pedestrian right of way for the existing properties at 1-11

Entrance to the paddock has always been off Barnsley Road and not off the proposed access

The site is used for parking by residents following the closure of nearby garages

Existing drainage issues for the properties off Wellhouse Lane would be exacerbated

Bin collection area is inadequate

Loss of sun and views

Devaluation of property

Nicholson and Roberts builders opposite the site entrance has an exit only onto Barnsley Road additional vehicles will cause increased congestion

Councillor Starling requested that the application be referred to Planning Regulatory Board on the grounds that this part of Penistone is predominantly bungalows and the three storey houses would therefore be inappropriate. The case officer met 4 residents on site on 13th March 2014, 3 of whom have objected in writing. The residents reiterated that they considered the key issues to be that bungalows should be considered as the established planning principle on this site; that as there is no parking for residents of 13-27 Barnsley Road, their cars need to be parked on Wellhouse Lane or the access road that constitutes part of the application site; and that there should be better provision for waste facilities for the wheelie bins on the proposal site. Assessment Principle of Development - The site is located within a Housing Policy Area within the Unitary Development Plan where infill residential development is considered acceptable providing it complies with the relevant criteria. Visual Amenity - The proposed dwellings are of appropriate scale being mainly 2 storey with some lower ground floor accommodation designed to utilise the steep slope. This is considered to be of appropriate scale on this site and in this area of mixed one and two storey dwellings. Dwellings in the area are of red brick and stone and the proposed dwellings are to be of mainly traditional stone built design including features such as stone heads and cills, small windows and (artificial) stone slate roofs with cat slip roofs to the rear of two of the plots. The dwellings have been set into the site with principle elevations facing nos. 1-11 Wellhouse Lane. Ordinarily it would be preferable for principle elevations to face Barnsley Road but this would mean that rear gardens would have little privacy. The proposed orientation is therefore considered to be an acceptable response to the characteristics of this particular site. The amount and type of fenestration is appropriate to this location, with restrained glazing to the elevations when viewed from the existing properties to the north and larger glazed areas to the frontage with part lower ground floor level towards the Barnsley Road elevation. The part 3 storeys elements are of more modern design which take advantage of the steepness of the slope, rather than causing greater impact through cut and fill. From the existing properties number 1-11 off Wellhouse Lane, which overlook the site, the dwellings would appear as traditional two storey dwellings. The proposed boundary treatments are considered to be an appropriate mix of timber and post fencing and stone walls as existing.

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There is no objection to the proposal from a design point of view and the application is considered to comply with CSP34 and CSP 29 of the Core Strategy and the SPD in this respect. Residential Amenity- The site is screened from Bump Hall to the west by a mature tree screen and by a substantial distance. The bungalow to the east (11 Barnsley Road) has only a door facing the site. The properties to the north of the site currently have views south over the site, but they are at a considerably higher elevation than the proposed properties and will in effect look past the properties, or at most look down onto the roof slopes of the proposed dwellings. Cross sections provided with the application details indicate that existing ground floor levels are approximately 210m AOD compared to the proposed eaves height of the application dwellings being approximately 207 AOD. There is, in any case, no legal right to a view. There are habitable room windows to the rear of the proposed dwellings but since they are at a significantly lower level than the existing properties there will be no overlooking or loss of outlook for occupiers of existing dwellings. The proposed dwellings are at least 12m from their northern boundary, with the existing dwellings a further 7m away. These distances exceed the minimum thresholds as set out in the SPD Designing New Housing Development and are satisfactory on this point and I am content that there will be no overlooking. The distances between the proposed dwellings and the existing, and the differences in level will help to ensure that the new dwellings will not appear overbearing to existing dwellings. In addition, despite the south elevation of the properties having three stories, I do not consider they will appear overbearing to the existing properties across Barnsley Road, due to the intervening distances and tree planting. The room sizes proposed meet those recommended within the South Yorkshire Residential Design Guide and the proposal would allow for sufficient private amenity space for the proposed dwellings in accordance with the SPD – Designing New Housing Development. No objection is raised with regard to impact upon residential amenity and the proposal accords with Policy CSP 29 Design. Sustainability - Policy CSP2 requires all homes to be constructed to CFSH Level 3. Whilst energy efficient technologies and renewable energy technologies are proposed, no evidence has been provided by the applicant confirming compliance with CFSH3 so a condition is therefore required. Highway Safety - No objections have been raised in terms of highway safety and there are adequate access, parking and turning arrangements proposed within the site. Drainage - Several objectors have raised concerns about the potential for flooding in this area which could be exacerbated by development of this site. However, no adverse comments have been received from Yorkshire Water or the Council’s Senior Drainage Engineer subject to a condition relating to existing greenfield rates to be maintained or reduced to ensure that the site is properly drained and does not cause problems elsewhere. Other Matters - Objectors have raised concern that there is a pedestrian right of way to the rear of their properties, and on the ground it does appear that there is a narrow raised strip marked by a vertical stone that could indicate a footpath. However, there is no public right of way at this point and any issue relating to use is between the occupiers of the dwellings and the landowner, and is not a material planning issue.

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Loss of sunshine – the distances between the proposed dwellings and existing dwellings complies exceeds minimum distances as set out in the adopted SPD and it is unlikely that there will be a significant loss of light to neighbouring properties. Loss of views – This has been raised by several objectors who have enjoyed an open outlook and views over the site. However, there is no legal right to a view and this cannot be used as grounds for refusal. Devaluation of property as a result of the development – this is not a material planning consideration and this objection cannot be used as grounds for refusal. Entrance to the paddock has always been off Barnsley Road. Whilst this may have been the case historically, each application must be considered on its own merits. The acceptability of the proposed access from Wellhouse Lane is discussed elsewhere in this report. The site is used for parking by nearby residents – whilst residents may currently be using the site informally for parking cars, and is presumably with the agreement of the landowner, there is no extant planning permission for use of the site or right of use by the residents of 1-11 Wellhouse Lane to use the existing access and land for car parking, nor is it part of a residential curtilage so there is no legal right to use the land for this purpose. Inadequate waste storage areas was raised as an objection by local residents and Penistone Town Council. However, neither Highways Officers nor Regulatory Services have raised concerns about this issue and an informative has been attached with ensures that bin storage areas should be placed close to the highway to allow them to be easily accessed on collection days in accordance with normal waste collection requirements. Congestion along Wellhouse Lane has been raised as an objection by local residents, in that they considered the proposal would add to the congestion. However, only 3 properties are proposed in this location and the Highways Officer has no concerns relating to congestion. Conditions are however, proposed to ensure the access is appropriately design to allow for safe access and egress onto Well House Lane. Conclusion This proposal is for 3 detached dwellings on a sloping greenfield site within a few minutes walk of Penistone Town Centre and is in a sustainable location. The site is allocated as Housing Policy Area and as such the proposal is acceptable in principle. The designs for the dwellings are fairly traditional but take advantage of the sloping site to provide some lower ground floor accommodation to the front elevations facing Barnsley Road. Materials are high quality with detailing in the local vernacular including catslip roofs, and high quality materials including natural stone walls, stone cills and lintels, timber doors and artificial stone slate roofs. The application exceeds minimum thresholds in terms of internal and external space standards, and distance from existing dwellings. A woodland belt is proposed to the frontage of Barnsley Road to soften the boundary, and the access from Wellhouse Lane is considered acceptable. In light of the above, the proposal is considered to comply with the requirements of relevant development plan policies, national planning policies contained in the NPPF and is considered acceptable taking into account other material considerations. Recommendation Grant subject to:-

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

2 The development hereby approved shall be carried out strictly in accordance with the plans as follows: PS 00 Site Location Plan PS 01 Site Plan PS 02 REV A Topographic Survey received 5th March 2014 PS 03 Existing Site Sections received 5th March 2014 PS 04 Proposed Site Plan PS 05 REV A Unit P1 Proposed Floor Plans received 31st March 2014 PS 06 REV A Unit P1 Proposed Elevations received 31st March 2014 PS 07 Unit P1 Proposed Garage PS 08 REV A Unit P2 Proposed Floor Plans received 31st March 2014 PS 09 REV A Unit P2 Proposed Elevations received 31st March 2014 PS 10 REV A Unit P3 Proposed Floor Plans received 31st March 2014 PS 11 REV A Unit 3 Proposed Elevations received 31st March 2014 PS 15 REV A Streetscape Elevations 1 received 31st March 2014 PS 16 REV A Streetscape Elevations 2 received 31st March 2014 PS 17 Proposed Site Sections and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.

3 No development shall take place until full details of the proposed external materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 29, Design.

4 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the position of boundary treatment to be erected. The boundary treatment shall be completed before the dwelling is occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with Core Strategy Policy CSP 29, Design.

5 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, full details of both hard and soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained. The approved hard landscaping details shall be implemented prior to the occupation of the building(s). Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.

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6 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which die within a period of 5 years from the completion of the development, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with other of similar size and species. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.


8 The dwelling shall achieve Code Level 3, in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been submitted to the Local Planning Authority certifying that Code Level 3 has been achieved. Reason: In the interest of sustainable development and in accordance with Barnsley LDF Core Strategy Policy CSP2, Sustainable Construction.

9 No development shall take place until: (a) Full foul and surface water drainage details, including a scheme to maintain or reduce existing greenfield run-off rates and a programme of works for implementation, have been submitted to and approved in writing by the Local Planning Authority: (b) Porosity tests are carried out in accordance with BRE 365, to demonstrate that the subsoil is suitable for soakaways; (c) Calculations based on the results of these porosity tests to prove that adequate land area is available for the construction of the soakaways; Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development, unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure proper drainage of the area

10 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority before development commences. Reason: To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system, which will prevent overloading in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

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11 No development shall take place, until a plan detailing the arrangement of the proposed access has been submitted to, and approved in writing by, the Local Planning Authority, the approved access shall be provided prior to the development being brought into use, and shall be retained for that sole purpose at all times, in the interests of road safety. Reason: For clarity and in the interests of highway safety in accordance with CSP 26

12 Sightlines, having the dimensions 2.0m x site boundary, shall be safeguarded at the vehicular entrance/exit, such that there is no obstruction to visibility at a height exceeding 1.05m above the nearside channel level of the adjacent highway. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

13 The parking/manoeuvring facilities, indicated on the submitted plan, shall be surfaced in a solid bound material (i.e. not loose chippings) and made available for the manoeuvring and parking of motor vehicles prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: To ensure that satisfactory off-street parking/manoeuvring areas are provided, in the interests of highway safety and the free flow of traffic and in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement.

14 All on-site vehicular areas shall be hard surfaced and drained in an approved manner

prior to the access being brought into use, to prevent mud/debris being deposited on the public highway, to the detriment of road safety Reason: In the interests of highway safety and in accordance with CSP 26.

15 Vehicular and pedestrian gradients within any site shall not exceed 1 in 12 to ensure safe and adequate access Reason: In the interests of highway safety and in accordance with CSP 26.

16 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: - The parking of vehicles of site operatives and visitors - Means of access for construction traffic - Loading and unloading of plant and materials - Storage of plant and materials used in constructing the development - The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate - Wheel washing facilities - Measures to control the emission of dust and dirt during construction - Measures to control noise levels during construction Reason: In the interests of highway safety, residential amenity and visual amenity and in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement, and CSP 29, Design.

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17 No development shall take place, until a plan detailing the arrangement of the proposed access has been submitted to, and approved in writing by, the Local Planning Authority, the approved access shall be provided prior to the development being brought into use, and shall be retained for that sole purpose at all times, in the interests of road safety Reason: In the interests of highway safety, residential amenity and visual amenity and in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement, and CSP 29, Design.

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2014/0095 – Erection of 3 no. dwellings and garages – Land to the West of Wellhouse Lane and the North of Barnsley Road, Penistone, Sheffield


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2013/1130 Mr Dean Mason Erection of 2 no detached dwellings and associated works. Land adjacent 344 New Road, Staincross, Barnsley, S75 6DP

1 letter of objection has been received. The application has been referred to Board at the request of Cllr Miller. Background 2013/0051 – Residential development for three units (Outline) – Approved with condition, including condition requiring improvement of Green Space 2013/0736 - Erection of 2no. pairs of semi detached dwellings and associated works – Approved subject to conditions and a Section 106 Agreement requiring compensation for loss of Green Space Description The application site is a backland plot of land situated on the north east side of New Road between numbers 344 and 342a. To the north-west of the site lies number 348 New Road, a bungalow which is set at an angle to New Road and is approximately 10m from the boundary of the site. Beyond this dwelling is Lane Head Rise. To the south-east is number 340 New Road, a three storey dwelling, which is approximately 4.5m from the boundary of the site. To the rear is the Yorkshire Water pumping station. The site consists of rough grass and slopes significantly from north-east to south-west and leads to an area of land known as the Staincross Plantation. The site immediately adjacent to new Road is currently being developed for two pairs of three storey semi-detached dwellings approved under application 2013/0736. The access to the application site is situated in the centre of this site between plots 2 and 3. It was stated in the application documents that this area of land was to be used for grazing/recreation purposes. Proposed Development The application proposes residential development of two large six bedroom, three and a half storey dwellings. The properties have been specifically designed for this sloping site which requires significant re-grading and excavation and up to 4m in some areas of the site. The dwellings comprise of integral double garages at ground floor with patio terrace above, lounge, dining, kitchen utility and study at first floor, four bedrooms and two bathrooms at second floor and two further bedrooms within the roofspace on the third floor. The garden area to the rear of the dwellings consists of a patio area and retaining wall with steps up to a sloping garden. The dwellings have been designed to sit into the landscape and would result in steep banks of earth to the side boundaries. The access to the dwellings is located between the two pairs of semi-detached dwellings approved under application 2013/0736 which are currently under construction. The access is approximately 30m in length to the boundary of the plots and has a gradient of 1:12 sloping to 1:85. It is proposed that the dwellings would be constructed of artificial stone and brown concrete roof tiles. The proposed front facing terrace area is designed with a glass balustrade.

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Policy Context Planning decisions should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy, saved Unitary Development Plan policies and The Yorkshire and Humber Regional Spatial Strategy. The RSS continues to form part of the development plan but the Government’s intention to abolish Regional Spatial Strategies is a material consideration. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation. Core Strategy CSP2 - All new dwellings will be expected to achieve at least a level 3 rating under the Code for Sustainable Homes or equivalent. The requirement will rise over the plan period and by 2013 new dwellings should achieve at least level 4, rising to level 6 by 2016 CSP 26 – New Development and Highway Improvement – New development will be expected to be designed and built to provide safe, secure and convenient access for all road users. CSP29 – Design – High quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley. Development should enable people to gain access safely and conveniently. CSP35 – Green Space - We will only allow development proposals that result in the loss of green space where: an assessment shows that there is too much of that particular type of green space in the area which it serves and its loss would not affect the existing and potential green space needs of the borough; or an appropriate replacement green space of at least an equivalent community benefit, accessibility and value is provided in the area which it serves; or the development is for small scale facilities needed to support or improve the proper function of the green space.

CSP36 - Biodiversity - Development will be expected to conserve and enhance the biodiversity

and geological features of the borough by: protecting and improving habitats, species, sites of ecological value and sites of geological value with particular regard to designated wildlife and geological sites of international, national and local significance, ancient woodland and species and habitats of principal importance identified in Section 74 of the Countryside and Rights of Way Act 2000 and in the Barnsley Biodiversity Action Plan maximising biodiversity and geodiversity opportunities in and around new developments conserving and enhancing the form, local character and distinctiveness of the river corridors of the Dearne and Dove as natural floodplains and important strategic wildlife corridors. Development which may harm a biodiversity or geological feature will not be permitted unless effective mitigation and/or compensatory measures can be ensured. Saved UDP Policies H8A – The scale, layout, height and design of all new dwellings proposed within the existing residential areas must ensure that the living conditions and overall standards of residential amenity are provided or maintained to an acceptable level both for new residents and those

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existing, particularly in respect of the levels of mutual privacy, landscaping and access arrangements. H8D – Planning permission for infill, backland or tandem development involving single or a small number of dwellings within existing residential areas will only be granted where development would not result in harm to the local environment or the amenities of existing residents, create traffic problems or prejudice the possible future development of a larger area of land. SPDs/SPGs SPD ‘Designing New Housing Development’ SPD ‘Parking’ provides parking requirements for all types of development. Other material considerations South Yorkshire Residential Design Guide - 2011 NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. In respect of this application, relevant policies include: General principles para 17 Design para 58 – 65 Consultations Planning Policy – proposal is contrary to CSP35 – Green Space Drainage – no objection subject to conditions Regulatory Services – no objection subject to conditions Highways – Object due to steep gradients Yorkshire Water – Suggested conditions Representations 1 letter of objection has been received which states:-

The two properties would tower over the adjacent dwellings in particular number 348 a modest bungalow

Loss of light and overbearing impact

Loss of privacy and overlooking from windows to private garden areas and habitable rooms

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Assessment Principle of Development - The site lies within a larger piece of land designated as Green Space in the UDP and Core Strategy. The area of land proposed for development is also identified on the Councils Green space Register as part of Lane End Quarry Open Space (GS493), which is presently functioning as local neighbourhood green space and natural area, which significantly contributes to the character of the area and fulfils an important amenity function. Core Strategy Policy CSP35 states development proposals that result in the loss of Green Space will only be allowed where an assessment shows there to be a surplus or appropriate replacement provision is provided. As the land is functioning as green space and is recorded on the “Green Space Register”, it is afforded a degree of protection and a presumption against development. Whilst it is accepted that the site comprises a small portion of the wider designation, incremental loss of green space can negatively effect provision within an area and the function of the space itself. The priority of the previous applications on this site was to maintain/create the link to the existing Green Space by way of a public access to the wider area. This would have ensured the function of the wider green space was maintained for the longer term and was conditioned within the previous outline application 2013/0051 which proposed to improve access to the existing green space. The most recent application to the front of the site for 4 dwellings approved under ref 2013/0736, allowed for access to this area of land for grazing purposes and was subject to a section 106 agreement which required a compensatory payment for the loss of Green Space. This application does not include any consideration for the loss of the Green Space, does not provide an access to the wider Green Space through the site, nor does it provide mitigation for the net loss of Green Space proposed. The proposal is therefore contrary to Policy CSP35 and is not therefore acceptable in principle. Added to this, the proposed dwellings are set behind dwellings which face onto New Road and the scheme therefore represents back land development. In principle, saved UDP polices H8A and H8D and Core Strategy policies CSP 26 and 29 provide the policy framework for assessing back land developments, they are reinforced further by guidance provided within Supplementary Planning Guidance Document ‘Designing New Housing Development’ and the South Yorkshire Residential Design Guide. The National Planning Policy Framework also has many parallels to above polices and states permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions. Back land developments are not without controversy and the Council has in recent times sought to ensure a more consistent approach is applied to such proposals. This as a whole has been supported by the Planning Inspectorate whereby the Council’s decision to refuse inappropriate developments has been upheld in planning appeals. The main concern is that back land represents an ‘ad-hoc’ form of development, which can fundamentally undermine the proper (comprehensive) planning of an area. To allow such proposals can indicate a departure from the long established local pattern of development, this can also make it harder for the Council to resist further (similar) proposals in future which in turn can progressively erode the area’s character. Consequently, as a general rule, backland development is not supported but there are some possible exceptions. Whether or not any such exception applies is explored below but even if it were to apply, the scheme would remain contrary to policy CSP 35 and in principle, it would therefore be unacceptable.

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Residential Amenity - The dwellings are proposed are back land development, set in an area of land which is currently open and at a significantly higher level than New Road. Although the dwellings would meet separation distances set out in SPD ‘Designing New Housing Development’, constructing two large new dwellings, within an area to the rear and side of gardens of existing and proposed dwellings would inevitably bring more noise and potential disturbance to places that residents (existing and proposed) could reasonably expect to enjoy as generally secluded and quiet. The proposed dwellings would also be sited at a higher level; as such the four levels of accommodation would form an overbearing and oppressive form of development, in particular to the new dwellings at the front of the site. In terms of the access, to reach the new dwellings it would be necessary to access from a 30m long driveway, between plots 2 and 3 of the dwellings under construction. The coming and going of vehicles and pedestrians along that drive would inevitably be intrusive to these dwellings. Although the access has been approved between the two plots adjacent to New Road, this access was for the land to the rear which was intended to be used for grazing purposes. The introduction of two further properties would intensify its use and result in additional disturbance for the occupants of the adjacent dwellings. It is acknowledged, that back land developments have been constructed along New Road. However, these developments were approved prior to current policies and guidelines and should not set a precedent. The proposal is therefore considered contrary to the SPD and policy H8D. Visual Amenity - The area has a variety of different styles of properties, from three storey dwellings to bungalows. The dwellings have been designed as three storey with integral garages to match the properties adjacent. The dwellings have suitably designed in order to fit with the surrounding dwellings in terms of style and materials. However this proposal would be set to the rear of dwellings, and would not integrate well within the immediate area to the detriment of the overall character and layout resulting in an ‘ad-hoc’ form development. To allow such proposals can indicate a departure from the long established local pattern of development and could make it harder for the Council to resist further (similar) proposals in future which in turn can progressively erode the area’s character. The proposed dwellings set at a significantly higher level than New Road. The design and large scale of the dwellings of three and a half storeys high would be overbearing when viewed from New Road and would not be appropriate within their context. The dwellings would appear as an overbearing and unduly intrusive feature in the street scene to the detriment of visual amenity and would be contrary to saved Policy H8D of the Unitary Development Plan, CSP 29 'Design' of the Core Strategy and the Council's Supplementary Planning Document 'Designing New Housing Development' Highway Safety - The highways section have objected to the application. They have stated that the proposals fail to provide what could be reasonably considered as safe and adequate vehicular and pedestrian access to the properties, due to the steep gradients of more than 1:12, this is particular so for pedestrians/people with disabilities. The proposed development would therefore be detrimental to highway safety contrary to Core Strategy Policy CSP26. Conclusion The proposed site is set within an area allocated as Green Space with the Barnsley UDP. Such areas will normally remain open and undeveloped and in the absence of any alternative provision or compensation being made, the proposed development would be contrary to Core Strategy Policy CSP35.

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The proposal fails to provide adequate access and would as a consequence, be detrimental to highway safety contrary to policy CSP26. The design of and scale of the dwellings, would not be appropriate within their context and would appear as an overbearing and unduly intrusive feature in the street scene, exacerbated their elevated position on New Road, to the detriment of visual amenity. In addition the proposed dwellings would be an undesirable form of back land development and materially detrimental to the amenities of the adjoining properties by reason of loss of outlook, privacy and disturbance from increased residential activity. Contrary to UDP Policy H8D and the Supplementary Planning Document 'Designing New Residential Development'. Recommendation Refuse 1 The site lies within an area designated as Urban Greenspace on the approved Barnsley

Unitary Development Plan. Core Strategy Policy CSP35 states that such areas will normally remain open and undeveloped and that any proposals for development will be assessed for their effect on the present and potential function of the areas in terms of its recreation, amenity or conservation value. In the opinion of the Local Planning Authority, the site makes a useful contribution to the casual recreation, and appearance of the local environment, and in the absence of any alternative provision or compensation being made, the proposed development would be contrary to Core Strategy Policy CSP35.

2 In the opinion of the Local Planning Authority the proposed dwellings, would be contrary to saved Policy H8D of the Unitary Development Plan, CSP 29 'Design' of the Core Strategy and the Council's Supplementary Planning Document 'Designing New Housing Development' in that that the design and scale of the dwellings, would not be appropriate within their context and would appear as an overbearing and unduly intrusive feature in the street scene, exacerbated their elevated position on New Road, to the detriment of visual amenity.

3 In the opinion of the Local Planning Authority, the proposed development would be contrary to UDP Policy H8D and the Supplementary Planning Document 'Designing New Residential Development', in that it would be an undesirable form of backland development, overbearing in scale and materially detrimental to the amenities of the adjoining properties by reason of loss of outlook, privacy and disturbance from increased residential activity.

4 The proposed development would give rise to conditions prejudicial to highway safety due to the overly steep gradients on the access road and fails to provide what could be reasonably considered as provide safe, secure and convenient vehicular and pedestrian access contrary to policy CSP26 of the Core Strategy.

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2013/1130 – Erection of 2 no. detached dwellings and associated works – Land adjacent 344 New Road, Staincross, Barnsley


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2014/0175 Gleeson Homes Application to review/vary the existing S106 Agreement on planning permission 2011/0963 (removal of affordable housing element) Land at Lowfield Road, Bolton Upon Dearne

No representations Site Description The site is the existing development being undertaken by Gleeson Homes of 60 houses on land located off Lowfield Road, Bolton-Upon-Dearne. Proposed Development The application is made under Section 106BA of the 1990 Town and Country Planning Act as amended in April 2013, which allows for applications to be made to review of planning obligations on planning permissions which relate to the provision of affordable housing. The existing S106 Agreement states that 8 out of the 60 houses shall be constructed as affordable housing (6 two bedroom properties for social rent and 2 two bedroom properties for intermediate rent). The application contends that the costs associated with providing affordable housing as part of the development would make the development unviable. Consequently the proposal is for the affordable housing obligation is removed from the S106 Agreement. History Application 2011/0963 for the erection of 60 no dwellinghouses and associated works and infrastructure was granted planning permission subject to conditions and a S106 Agreement 8th December 2011. The Council is also currently considering application 2013/0960 to extend the site by a further 64 dwellings. Policy Context Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and the saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. Local Development Framework Core Strategy CSP15 ‘Affordable Housing’ NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan

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should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. Paragraphs of particular relevance to this application include: 179 – Viability – The costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure, contributions, or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable. S106 Affordable Housing requirements Review and Appeal procedure- An application may be made to the local planning authority for a revised affordable housing obligation. This application should contain a revised affordable housing proposal, based on prevailing viability, and should be supported by relevant viability evidence. Consultations Affordable Housing Officer – Recommends refusal Representations The application was advertised by notices in the press and erected on site. No representations have been received. Assessment The Governments S106 Affordable Housing requirements Review and Appeal guidance document explains that the procedure was introduced to assist with housing delivery on sites whereby the affordable housing requirements originally agreed to by developers are no longer affordable due to changing economic circumstances leading to construction work stalling. In summary the applicant’s case is that the cost of provision of any level of affordable housing would render the site unviable. An appraisal has been submitted which shows the following:

Total Revenue: £7,108,860 (£118,481 per dwelling)

Total Costs: £7,173,005 (including 22% profit margin at £1,564,762 & Land acquisition and finance costs of £488,705)

On this basis that the suggested costs would exceed the levels revenue by £49,248, prior to factoring in the cost of the provision of affordable housing. The applicant’s case is therefore that the additional cost of selling 8 properties at a discounted rate to a Registered Social Landlord would make the development unviable. The applicant’s case is also that only 20 plots have been sold to date and that the rate of sale has averaged one property per month since the sales commenced on site in January 2012. However a number of concerns have become apparent during the course of considering the application:- The initial point is that the guidance indicates that the procedure was introduced to assist with housing delivery on sites whereby the affordable housing requirements originally agreed to by

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developers are no longer affordable due to changing economic circumstances leading to construction work stalling. My first concern is that the applicant has not demonstrated the change in circumstances which demonstrates why the affordable housing obligation was originally viable but no longer is when there is no compelling evidence of increased costs or falling revenues. The applicant has also stated that slow rate of sales has meant that they have considering mothballing the site in the past and shall need to again should sale completions not improve within the next 12 months. However contradictory information is on the company’s website which states that a further 14 properties have been sold. The applicant advises that this is accounted for by reservations where there is no guarantee that the sales would lead to completions. However in my opinion this is information critical to the application the guidance would indicate that the viability should be judged on the most up to date market circumstances. Important information would include the dates of these reservations as this would indicate whether there is a more recent trend showing increased sales rates and values. The application is therefore considered to omit information that is material to the assessment of the application. In addition, I am not convinced that the evidence to support the claim that the site is at risk from stalling to be strong on the basis that the additional sales could lead as many as out of the 34 of the properties subject of the planning permission being occupied. Construction work is also well underway on the majority of dwellings that are remaining. It would also seem presumptuous to judge viability at this stage in advance of the application to extend the site by a further 64 dwellings being determined. Referring back to the appraisal, the first thing to note is that officers asked for the developer to pay for an independent assessment of the appraisal by the District Valuation Office but this was rejected. This, combined with the failure of the developer to provide details of reservations, casts serious doubt on the credibility of the appraisal. This is further called into question by virtue of the fact the developer has chosen to sell two of the plots earmarked to be affordable units and that two registered providers have been willing to take the units but have had to pull out citing an inability to finalise terms with the developer. On this basis, officers are concerned about the credibility of the appraisal, particularly given the sensitivity of the residual method to minor changes in costs or revenues. Officers are therefore of the view that collectively, these factors are sufficient to justify refusal of the application. Notwithstanding the above, even if officers were minded to accept the submitted appraisal, there are a number of issues that merit particular attention. One obvious issue is that it includes the price paid for the land as a cost whereas it should be the current value that is used to determine viability. Having said this, £450k for a site of approximately 1.5 ha is not considered an excessive return for the landowner. The 22% profit margin merits greater scrutiny, particularly as it is 22% of value rather than costs. The authority contends that a margin of 15-17.5% of value, which would equate to £1,006,329 (£17,772 per dwelling) would give a better indication of viability (this equates to a profit margin of 19% of total direct costs). This is of particular relevance because in a low value area the difference between the open market value of a dwelling and the transfer value paid by a registered provider tends to be much lower than it is in a higher value area. This significantly reduces the cost to the developer of providing affordable housing on site. On this particular site, 8 of the dwellings to be provided are affordable and based on a provisional agreement between Gleesons and a registered provider, the cost of providing the 8 affordable homes would be £354,004. Based on the developers own appraisal this would still leave a developer profit of £1,210,758 (a margin of 17% of value). The authority does not therefore consider the provision of affordable housing to be unviable if the figures provided in the appraisal are deemed to be accurate.

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Overall it is considered that insufficient/inadequate evidence has been provided to demonstrate that the provision of a level of affordable housing is unviable to deliver on the site, including the omission of information that the Local Planning Authority considers to be material to the assessment of the application. In addition there is also no evidence to suggest that the development has stalled, is at risk of stalling or that there has been a material change between actual costs and revenues when compared with those projected at the outset. Accordingly an application made under the Section 106 Affordable Housing Requirements Review and Appeal Procedure is not considered appropriate in this case. Recommendation Refuse 1 In the opinion of the Local Planning Authority insufficient/inadequate evidence has been

provided to demonstrate that the provision of a level of affordable housing is unviable to deliver on the site, including the omission of information that the Local Planning Authority considers to be material to the assessment of the application. In addition there is also no evidence to suggest that the development has stalled, is at risk of stalling or that there has been a material change in actual costs and revenues when compared with those projected at the outset. Accordingly an application made under the Section 106 Affordable Housing Requirements Review and Appeal Procedure is not considered appropriate in this case.

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2014/0175 – Application to review/vary the existing S106 on planning permissions 2011/0963 (removal of affordable housing element) – Land at Lowfield Road, Bolton Upon Dearne, Rotherham


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2013/0480 Mr Luke Maw Erection of 1 no. 50Kw wind turbine on a 25m monopole mast Westfield House Farm, Brockholes Lane, Penistone, Sheffield, S36 9FB

Penistone Town Council object 5 objections have been received including an objection from Cllr Barnard Description Westfield Farm is a 100 acre beef cattle and pig farm situated off Brockholes Lane, one and a half miles to the south west of Penistone. The farm is located in the outer western area of the Barnsley Borough, in an area which is open and exposed, characterised by predominantly rolling agricultural fields. The farm itself consists of a number of traditional agricultural barns and associated dwellings and a farm shop. The site for the proposed Endurance 50 wind turbine is currently a field of grazing land approximately 120m south east of Brockholes Lane and 180m from the main farm buildings. Over the years the farm has expanded and diversified from traditional farming. In 2010 a planning application was approved for the change of use of part of one of the agricultural barns on site into ‘Hacking Hill Farm Shop.’ In addition to the farm shop, the business also provides mobile catering to public events, private parties and corporate companies. The farm also employs 2 full time and 2 part time staff. Proposed Development Full planning consent is sought to erect and install a single wind turbine and construction of an access track. The proposed turbine is an Endurance E-3120 50 Kw on a 23.6m monopole mast. The turbine is a horizontal axis type with a rotor consisting of 3 blades, approximately 9.6m long with a diameter of 19.2m. The blades are mounted to a wind turbine hub and nacelle, at a height of 24.6m above ground. The turbine would be fixed to the concrete base and in total it will stand 34.2m from ground to blade tip. The proposed turbine would be sited on a concrete foundation base measuring 36m². A 170m trench would be required in order for a cable to be laid at a depth of 0.6m in order to connect the turbine to the National Grid. In support of the application, a supporting statement has been submitted which states that: ‘the Endurance 50 will generate approximately 195,000 kWh of renewable electricity per annum at an estimated annual average wind speed of 6.5m/s. Initially an estimated 75% of this will be fed into the grid although this will reduce to almost 50% as the farm shop business grows and it converts all of its heating from oil to electric. The proposed development will reduce the carbon footprint of the farm making it almost ‘carbon neutral.’ The applicant has also provided a summary of benefits which include:-

The turbine would generate an estimated 195,000kW annually - enough electricity to power the equivalent of 59 average homes

Provide a secure electricity supply for farm and reduce overall energy costs

Help reduce carbon emissions saving 102 tonnes of carbon every and help the farm to become carbon neutral; help meet the Government’s Renewable Energy Target for 2021

Support the rural economy create the equivalent of 5.5 new jobs (where 1 job is equivalent to 50 person weeks) over its lifetime through its manufacture, construction and maintenance

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Help protect 2 full time jobs and 4 part time jobs

Generate new income to invest in the farm business for the long term, help support and grow a new business venture; thereby protecting and creating local jobs

Enable the landowner to continue to maintain and manage the rural landscape, thus helping to protect the character and appearance of the area and encourage biodiversity

Policy Context The site is allocated as Green Belt on the Saved Barnsley Unitary Development Plan Proposals Map. Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The adopted development plan consists of the Core Strategy, saved Unitary Development Plan policies and the Joint Waste Plan. Core Strategy CSP6 - Development that Produces Renewable Energy - development that produces renewable energy is acceptable if there is no significantly harmful effect on;

The character of the landscape and appearance of the area

Living conditions

Biodiversity, Geodiversity and water quality

Heritage assets, their settings and cultural features and areas

Highway safety and

Infrastructure including radar. Proposals must be accompanied by information that shows how the local environment will be protected, and that the site will be restored when production ends. The Core Strategy recognises that undulating landscapes can increase the prominence of turbines. Careful consideration will need to be given to the capacity of the landscape to accommodate turbines, the ability to mitigate visual intrusion and cumulative impacts of individual sites when they are grouped rather than dispersed. Character assessments will be used to assess the effect of development proposals (see CSP37). CSP21 – Rural Economy – aims to encourage a viable rural economy although, development in rural areas will be expected to:

Be of a scale proportionate to the size and role of the settlement;

Be directly related, where appropriate, to the needs of the settlement;

Not have a harmful impact on the countryside, biodiversity, Green Belt, landscape or local character of the area; and

Protect the best quality of agricultural land. CSP29 - Design - high quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, including (amongst other things):

Topography, important habitats, woodlands and other natural features

Views and vistas to key buildings, landmarks, skylines and gateways

Heritage, townscape and landscape character including the scale, layout, building styles and materials of the built form.

CSP30 – states that development will be expected to protect the character and/or appearance of listed buildings

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CSP34 –seeks protection of the Green Belt which is to be safeguarded and remain unchanged. CSP36 – Biodiversity and Geodiversity – development will be expected to conserve and enhance the biodiversity and geological features of the borough. Development which may harm such features will not be permitted unless effective mitigation and/or compensatory measures can be ensured. CSP37 - Landscape Character - development will be expected to retain and enhance the character and distinctiveness of the individual Landscape Character Assessment in which it is located. CSP40 – Pollution Control and Protection – development will be expected to demonstrate that it is not likely to result in an increase in air, surface water and groundwater, noise, smell, dust, vibration, light or other pollution which would unacceptably affect or cause a nuisance to the natural and built environment or to people. Saved UDP Policies There are no relevant saved policies in the UDP. Development Sites and Places DPD The DSP is at an early stage of preparation and is therefore of limited weight. The following policies are of some relevance to the appeal: SD1 – Presumption in Favour of Sustainable Development – refers to taking a positive approach reflecting the presumption in favour of development contained in the National Policy Planning Framework. Planning applications that accord with other relevant policies will be approved, unless material considerations indicate otherwise. GD1 – General Development Policy – proposals for development will only be approved if (amongst other matters):

They advance the economic ambitions contained in the Economic Strategy;

There will be no significant adverse effect on the living conditions and residential amenity of existing and future residents;

They are compatible with neighbouring land and will not significantly prejudice the future use of the neighbouring land; and

They include appropriate landscaping to provide a high quality setting for buildings. NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. Paragraphs of particular relevance to this application include:

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14. At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. For decision-taking this means:

approving development proposals that accord with the development plan without delay; and where the development plan is absent, silent or relevant policies are

out of date, granting permission unless: –– any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or –– specific policies in the Framework indicate development should be restricted.

80. Green Belt serves five purposes:

to check the unrestricted sprawl of large built-up areas;

to prevent neighbouring towns merging into one another;

to assist in safeguarding the countryside from encroachment;

to preserve the setting and special character of historic towns; and

to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

89. A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. 91. When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources. 93. Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure 95. To support the move to a low carbon future, local planning authorities should……plan for new development in locations and ways which reduce greenhouse gas emissions 97. To help increase the use and supply of renewable and low carbon energy, local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources. 98. When determining planning applications, local planning authorities should:

not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and

approve the application if its impacts are (or can be made) acceptable. 28. Planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. Plans should

support the sustainable growth and expansion of all types of business and enterprise in rural areas

promote the development and diversification of agricultural and other land based rural enterprises

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109. The planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. Planning Practice Guidance for Renewable and Low Carbon Energy 2. Government guidance can be a material consideration and should generally be followed unless there are clear reasons not to. 5. The guidance explains that all communities have a responsibility to help increase the use and supply of green energy, but this does not mean that the need for renewable energy automatically overrides environmental protections and the planning concerns of local communities. 30. The assessment and rating of noise from wind farms’ (ETSU-R-97)13 should be used by local planning authorities when assessing and rating noise from wind energy developments. 31. The effects on the following should be considered having regard to safety considerations: - Fall over distance, power lines, air traffic and safety, defence, radar and the strategic road network. 32-35 - Electromagnetic transmissions, ecology, heritage assets, shadow flicker. 38 – Measuring energy output. 39 and 40 - Cumulative landscape impacts and cumulative visual impacts. 45. Local planning authorities should consider using planning conditions to ensure that redundant turbines are removed when no longer in use and land is restored. Consultations Penistone Town Council – Object due to the following:-

Saturation of wind farms in the area

Impact on the local environment and vista

Shadow flicker Peak District National Park Authority – No comments received Highways - No objection subject to conditions Regulatory Services - No objection subject to conditions Conservation - No objection Environment Agency- No objections subject to conditions Ministry of Defence – No concerns NATS - No objection Civil Aviation Authority – No comments received Drainage – No objections

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Representations Cllr Barnard objects for the following reasons:-

The application itself is misleading when it says it is for a 50kw turbine on a 25 metre mast. This is simply incorrect as it is 34.2 metres to blade tip. This is in fact 112 feet and as many people still think in Imperial units the use of metric measurements conceals the true size of the proposed structure.

There are already numerous wind turbines in the Penistone area and consideration should be given to the cumulative effect on the landscape and local residents and an unacceptable development in the Green Belt.

Structural failure

Noise impact to surrounding residents

Strobing and shadow flicker. A hazard to road users and residents as well as to horses and their riders of which there are many who regularly use the area.

Impact on bats and migratory birds 4 objections received:-

The turbine will be built on Green Belt land and does not comprise very special circumstances

The turbine will be visible from nearby roads and across the valley

The turbine will be seen and heard from neighbouring properties and will impact upon amenity of these dwellings

There will be no benefit to the local community through the creation of employment in the manufacture of the turbine. In fact, the impact on the wider community is detrimental.

A considerable amount of carbon will be created in the building, transporting and erecting of the turbine and road

The application states that only 25% of the electricity generated will be used by the farm and the shop increasing to 50% if there is development of the business. A turbine of this size is not required for the farm and the shop. It will merely create income for the developers and the farm thereby benefitting a very small number.

There are already too many turbines in the Penistone area and the resultant cumulative impact

There are no other vertical structures in the area

There will be a negative impact on tourism

Shadow flicker and strobing are likely to seriously affect the use and enjoyment of nearby properties.

No site specific noise tests have been carried out.

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There is no evidence that the wind turbine is going to be effective or efficient

There will be an impact on the local wildlife. There are badgers, owls, cuckoos, woodpeckers, nightjars in the area

Impact on horse riders

Possible ice fling

Possible structural failure and proximity to highway Assessment Principle of Development - The site lies within the Green Belt. The proposed wind turbine constitutes inappropriate development which would affect the openness of the Green Belt. Inappropriate development is, by definition, harmful to the Green Belt and attracts substantial weight. Such development should not be approved unless very special circumstances can be demonstrated. Very special circumstances will not exist unless the harm by reason of the effect on openness and any other harm are clearly outweighed by other considerations. The proposal is therefore, potentially in conflict with Core Strategy policy CSP34 which seeks protection of the Green Belt. Very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable resources whatever their scale and this should be given significant weight in determining proposals. The NPPF also reiterates the importance of Green Belts and in particular, their openness and permanence and local planning authorities should plan to retain and enhance landscapes, visual amenity and biodiversity. Substantial weight is given to any harm to the Green Belt. In a reference to renewable energy projects, paragraph 91 of the Framework indicates that ‘where such projects constitute inappropriate development, developers will need to demonstrate very special circumstances if these projects are to proceed. Very special circumstances may include the ‘wider environmental benefits associated with the generation of energy from renewable sources.’ Paragraph 98 states planning authorities should: ‘not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small – scale projects provide a valuable contribution to cutting greenhouse gas emissions.’ National Policies therefore demonstrate that the Government is committed to seeking means of generating electricity from renewable sources. Energy produced from renewable sources makes a vital contribution to meeting the UK renewable energy targets and also aids in increases the security of the domestic energy supply. Energy generation, wider environmental benefits and socio-economic arguments in favour In this case, the energy production from the proposed turbine at Westfield House Farm would contribute towards the reduction of greenhouse gases by saving approximately 102 tonnes of carbon dioxide per year (at least 2045 tonnes over twenty years) and generate an average of 195,000kWh of electricity per annum, reducing the reliance on fossil fuels. This is equivalent to the electricity usage of 59 family homes per annum. In accordance with paragraph 98 of the NPPF, significant weight is attributed to the renewable energy generation. In terms of the farm’s energy demand, the applicant states that the farm and farm shop currently uses 50,000 kWh of electricity per year, which is anticipated to double to 100,000 kWh over the next 5 years as the business grows. The farm uses 5,000 litres of oil each year to

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provide heating to the farmhouse and outbuildings. This turbine would enable the oil fired heating to be converted over to electric, which would potentially reduce the number of deliveries to the farm. Total energy usage is then predicted with the expansion of the business to be 125,000 kWh per year, therefore on average 65% of the electricity generated by the turbine will be used onsite with 35% going to the Grid in the future. Again, in accordance with paragraph 98 of the NPPF, the direct and indirect contribution the turbine makes to cutting greenhouse gas emissions also adds further weight to the proposal. The Farm and shop (with its chiller cabinets and refrigeration units) currently uses a considerable amount of electricity. The turbine would enable the farm shop business to reduce its energy costs, keep its margins low and allow it to supply produce at prices that are attractive to consumers and remain competitive against larger retailers and supermarkets. Further justification has been put forward by the applicant in addition to the energy generated by the proposal, with a potential to improve the farm business. The applicant states that the proposed turbine is a key component of the applicants plan to improve energy efficiency, lower energy costs, reduce the reliance on fossil fuel and enable the business to become ‘carbon neutral.’ Any income generated through feed in tariffs will be invested in the farm business. Income will be specifically used as funding to support the development of a new business venture – ‘Hacking Hill Event Catering’ – which was launched last year and now needs additional funding to grow and expand the business and hopefully to create new local jobs. The lack of certainty regarding the new business venture limits the weight that can be afforded to this particular consideration but, more generally, significant weight can be attributed to the economic and wider social benefits associated with reducing the energy costs of this particular rural enterprise. In order to establish whether very special circumstances exist, it is necessary to establish whether, collectively, the benefits in terms of renewable energy generation, cutting greenhouse gas emissions and the socio economic benefits (all of which are attributed significant weight) clearly outweigh the harm to the Green Belt and any other harm. Green Belt - As well as constituting inappropriate development in the Green Belt, it is necessary to establish whether the proposal conflicts with any of the five purposes of including land within the Green Belt and the impact that it has on openness (NPPF para. 80). Looking at the five purposes, as a slimeline structure on a modest base, the turbine would not represent sprawl of a large built up area, nor would it result in merging of settlements. There will also be no conflict with the fourth and fifth purposes. However, it does inevitably result in encroachment although this is limited to the access track, base and the structure itself and therefore attracts relatively modest weight. There will inevitably be an impact on openness, which is explored in more detail under the heading landscape and visual impact. Landscape and Visual Impact - The site is within the Green Belt and therefore it is important to consider the proposal’s impact on the character and openness of the Green Belt. In Landscape Character terms, the Barnsley Landscape Character Assessment puts the site within landscape character area F2: Penistone Upland Farmland. The landscape character area classified as F2 Penistone Upland Farmland, is a large upland area in the south-west of the Borough. The western boundary of the area is defined by the open moorland of character area A1 Thurlstone and Langsett Unenclosed Moorland. The northern and eastern boundaries of the area are clearly defined by the valley of the River Don (B1 Upland Don River Valley) and the southern boundary by the administrative boundary of Barnsley Borough. The assessment states:- ‘The area has a tamed character, but retains a sense of remoteness. The only built elements are the stone farmsteads and agricultural barns that are scattered at low density throughout the area, although Penistone, located on the edge of the Don Valley, is a notable centre of population. Straight rural lanes, bounded by stone walls, cut across the hills, linking adjacent

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farms. The tranquillity and stillness of the area is disturbed in the vicinity of the A628, a busy freight route between Barnsley and Manchester. The presence of disused quarries and shafts indicate the former piecemeal mining activities in the area.’ The landscape character assessment goes on that state that the sensitivity to built development is judged to be high and landscape capacity is considered to be low.

The site is close to the urban settlement of Penistone, and further to this to the south is much more open and exposed. The proposed turbine would be positioned some 180m south from the farm buildings within a field which is enclosed by dry stone walls. The land slopes up from north to south with belts of woodland seen to the north east and to the east, which screen the turbine from view. From the site, the land rises further to the west with limited views towards Hartcliff Hill, reducing any overall impact. The Peak District National Park is some 3.2km to the south west. Due to the slim nature of the turbine and the distance involved, it is not considered that the turbine would have an adverse impact on the Peak District National Park nor its function. The proposed turbine would result in a new vertical structure within the landscape; however the immediate surroundings have vertical features, with a line of small telegraph poles which run along Brockholes Lane. When travelling along Hartcliff Hill road the turbine would be visible, although from the west it would largely appear against the backdrop of the farm complex and the woodland in the distance. From the east the turbine would mainly be visible against the exposed hilltop countryside. However, the impacts of the turbine would be limited in terms of geographical extent by virtue of the turbine’s small scale and footprint, therefore the harm caused by the turbine would be limited. Nevertheless, this harm has to be added to the substantial harm to the Green Belt by virtue of the fact that it constitutes inappropriate development. Public Rights of Way There are a number of public footpaths and bridleways in the area. From the Doubting Lane Bridleway, which is part of the Penistone Boundary Walk, the site can be clearly seen and what is considered as the most prominent viewpoint, however further vertical structures of the turbines in the distance at Spicer Hill and Royd Moor can be seen. Further visuals were requested from the agent for the bridleway to the north, adjacent to Schole Hill. At this location for walkers and horse riders the views to the turbine would be perpendicular, not direct; as such there will be no significant impact to visual amenity from this point. It was also noted that this bridleway is bounded by embanked walls which also restricts views. The public rights of way are also a significant distance from the site, therefore there would be no impact upon the horse riders in the area. On balance, the proposal is not considered to be detrimental to the amenity of the users of the public rights of way, nor would it have any significant impact upon tourists that visit the area. Cumulative Impact Cumulative visual impact has been raised as an issue by objectors, however there are no turbines within this area of Penistone, and the scale of the turbine and the significant distance from other turbines within this part of the borough would mean that cumulative visual impact would not arise. Heritage The application is supported by an analysis of the likely impact on each of the heritage assets that the applicants have identified in the surrounding area (within 0.5km of the site). A desk top survey was conducted to identify potential heritage assets that may be affected by the proposed development. A 0.5km search of the immediate area around the proposed turbine revealed 1

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entry, a Wayside Cross, which is recorded as both a Grade II Listed Building (1286904) and a Scheduled Ancient Monument (1012156). The cross is visible at close range from the road but not much beyond 100m. The proposed turbine is sited some 320m away to the south-east. Its relationship is with the medieval highway of Hartcliffe lane and, as well as its religious associations, the cross would have acted as a waymarker for travellers in remote locations. The turbine is sited quite a distance from Hartcliffe Road and it does not interfere with the view of the cross by current travellers or walkers using the old lane. The Council’s Design and Conservation Officer has assessed the information and raised no objections to the scheme due to the proposed scale of the turbine and the distance of separation. Accordingly, it is not considered that the turbine would adversely affect the historic character, appearance or setting of this listed structure. Residential Amenity - The turbine is located approx. 290m from the closest dwelling not associated with the farm. Regulatory services have been consulted and consider that, at this distance, the proposed turbine would adhere to the noise guidance used to assess wind turbine applications (ETSU-R-97). As such, it is not considered that any noise issues would arise but, as a precaution, a condition can be imposed to require an independent assessment and potential mitigation scheme in the event that complaints are received. In terms of shadow flicker, government guidance “Planning practice for renewable and low carbon energy” notes that only properties within 130 degrees either side of north, relative to the turbines can be affected. It goes on to note that modern turbines can be controlled to avoid shadow flicker as specific properties or groups of properties. Since the closes residential property is 290m the proposed turbine is considered to be far enough away from residential properties so that shadow flicker/flashing would not be an issue. Whilst concerns have been raised regarding the impact on the amenity of the occupiers of Joan Royd House, the property lies approximately 290m from the site of the turbine. There is no ‘right to a view’ beyond the boundary of properties. Given the size of the structure and the distance involved, there would be no significant impact on the amenity of the occupiers of this property, by way of overbearing impact given the small scale nature of the turbine. In light of the above, it is not considered that the proposed turbine would have a detrimental impact on residential amenity and accordingly, in this respect, it complies with Core Strategy policies CSP6 and CSP40. Highway Safety - The main issues relating to highway safety are during the construction period. Once the turbines are on site and are operational there will not be the need for any large vehicles to visit the site as general maintenance can be carried out by smaller vans. Access is required for construction of the concrete foundation slab, the erection of the wind turbine and its connection to the grid. Access will also be required for routine maintenance once the turbine is operational. Access to the proposed turbine site is via Brockholes Lane from the existing farm access. The agent states that the construction period for a single, relatively small turbine such as the proposed Endurance 50 is normally 7-10 working days, spread over a period of 3-4 weeks. The installation will require the use of an excavator and tele-handler and the turbine will be delivered to site on the back of a HGV trailer. It is estimated the plant will generate a maximum of 12 vehicle movements. Light commercial vehicles will be required by the electrical and ground works contractors. This will generate an estimated 28 movements over a 3-4 week period. These movements are not considered significant given the size and type of vehicles which currently visit the farm.

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Once in operation, there will be no impact upon highway safety as the turbine is a significant distance from the road. Highways have therefore raised no objections to the scheme. Ecology - The applicant has carried out an ecology survey and has assessed the proposal against the surrounding ecological constraints. The turbine would be sited within an area of species poor semi improved grassland which is considered to be of low ecological value in its own right. The turbine is sited far enough away from the nearest trees/vegetation to ensure that there is unlikely to be an impact on local bat populations. There would be no significant impact on protected species such as bats, birds and other species subject to the recommendations set out in the ecological report, therefore the proposal is considered to comply with policy CSP36 of the Core Strategy. Conclusions The turbine constitutes inappropriate development in the Green Belt, to which substantial weight is attached and as a moving, vertical structure, there would be some loss of openness and a small element of encroachment, to which I have attracted some further weight. Added to this is a limited amount of harm associated with the relatively modest impact on landscape character. No other harm was identified taking into account relevant development plan policies including CSP 6, CSP 29, CSP 30, CSP 37 and CSP 40 as well as relevant advice in the NPPF. Against this, I have attributed significant weight to the renewable energy generation, significant weight the contribution the turbine would make to cutting greenhouse gas emissions and further significant weight to the identified socio economic benefits. It is therefore considered that the significant weight attributed to each of these three factors clearly outweighs the identified harm. Accordingly it is considered that very special circumstances existing to justify allowing this proposed turbine within the Green Belt. Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 3 years from

the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

2 The development hereby approved shall be carried out strictly in accordance with the plans (Nos 143-P01) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.

3 If the turbines hereby permitted fail to produce electricity for a continuous period of six months, then within three months of the end of the six months period the turbines and all associated equipment and works shall be removed from the site and the site restored in accordance with a scheme which has previously been submitted to and approved in writing by the local planning authority. Reason: To protect the openness of the Green Belt in accordance with policy CSP34 of the Core Strategy.

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4 All cabling between the turbines, associated equipment and the national grid connection shall be placed underground. No development hereby permitted shall be carried out until details of the depth of excavation and subsequent reinstatement of the excavated land have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the Green Belt in accordance with CSP 34

5 The noise levels from the turbines hereby permitted shall not exceed the following: - A day time (0700 to 2300 hours) level of 35dB LA90, 10 mins, or the background, expressed as LA90, 10 mins, plus 5dB, whichever is the higher, measured at no less than 3.5 metres from the façade of any residential property not owned by the turbine operator or a member of their family (but ignoring the effect of that façade). - A night time (2300 to 0700 hours) level of 43 dB LA90, 10 minutes, or the background expressed as LA90, 10 mins, plus 5dB, whichever is the higher, measured at 3.5 metres from the window of a habitable room in the façade of any such residential property. Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

6 In the event of a complaint being received in writing by the local planning authority in respect of noise from the turbines hereby permitted, the turbine operator shall, at their expense, employ an appropriately qualified consultant approved by the local planning authority to measure the level of noise emissions from the turbines at, and external to, the complainant’s property. In the event that access is not possible to the complainant’s property, the measurements shall be made from the nearest publicly accessible location that has been agreed in writing with the local planning authority. The results of the consultant’s assessment shall be provided to the local planning authority within two months of the date of notification of the complaint unless otherwise agreed in writing by the local planning authority. In the event that the consultant’s assessment shows noise levels from the turbines being above the levels set out in condition 5, then within a month of the provision of the assessment to the local planning authority a mitigation scheme shall be submitted within a month to and approved in writing by the local planning authority. The mitigation scheme shall identify measures to reduce the noise of the turbines to within the levels set out in condition 5. The approved mitigation measures shall be implemented within a timescale agreed in writing with the local planning authority. If the noise levels from the turbines cannot be brought within the limits set out in condition 5, the turbines shall cease to operate. Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

7 No development hereby permitted shall be carried out until details of the colour and finish

of the turbine, blades and masts have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. Reason: To ensure an appropriate finish in accordance with policy CSP29 of the Core Strategy.

8 The planning permission hereby granted shall be for a period not exceeding 25 years from the date that electricity is first exported from the turbines hereby permitted to the national grid. The date when electricity is first exported from the turbines shall be notified in writing to the local planning authority within 28 days of that event. At the end of the 25 year

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period, the turbines shall be decommissioned. Within three months of the decommissioning, the turbines and all associated equipment and works shall be removed from the site and the site restores in accordance with a scheme which shall have been previously submitted to and approved in writing by the Local Planning Authority. Reason: To protect the openness of the Green Belt in accordance with policy CSP34 of the Core Strategy.

9 The scheme shall proceed in accordance with the Ecological Appraisal dated April 2013. Reason: In the interests of biodiversity in accordance with CSP 36.

10 Development shall not be begun until a Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the local planning authority. The CTMP shall include details of: - construction vehicle routing along public highways within the local authority's boundary - means of access to the site for construction traffic from the public highway - proposed accommodation works and where necessary a programme for their subsequent removal and the reinstatement of street furniture and verges etc., where required, along the route and at point of egress from the public highway - retained areas for vehicle parking, manoeuvring, loading and unloading - surfacing of access roads from the public highway to the site, this shall extend for a minimum for 10m to prevent loose material being discharged onto the public highway - the dimensions of turbines and associated components - the management of junctions to and crossings of the public highway and other public rights of way. - the scheduling and timing of movements, details of escorts for abnormal loads, temporary warning signs and banksman/escort details The development shall be carried out in accordance with the approved CTMP. Reason: In the interests of highway safety.

11 Prior to any works commencing on-site, a condition survey (including structural integrity)

of the highways to be used by construction traffic shall be carried out in association with the Local Planning Authority. The methodology of the survey shall be approved in writing by the Local Planning Authority and shall assess the existing state of the highway. On completion of the development a second condition survey shall be carried out and shall be submitted for the written approval of the Local Planning Authority, which shall identify defects attributable to the traffic ensuing from the development. Any necessary remedial works shall be completed at the developer's expense in accordance with a scheme to be agreed in writing by the Local Planning Authority. Reason: In the interests of highway safety.

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2013/0480 – Erection of 1 no. 50Kw wind turbine on a 25m monopole mast – Westfield House Farm, Brockholes Lane, Penistone, Sheffield


Trac

k

Issues

Radio Communications Mast

Track

Issues

Sinks

Sinks

Westfield House

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2013/1330 Sir Robert Ogden CBE LLD Residential development (Outline) Land at Kingsmark Way, Goldthorpe, Rotherham

1 letter of objection. 1 letter in support. Background The site was originally applied for employment premises, as part of a mixed use application (B/04/2330/DE), which split the majority of the former Goldthorpe Colliery site into two for a housing development by Ben Bailey Homes of 323 dwellings (phase 1) and this site (phase 2) for employment. However only the housing development was implemented and application 2006/1402 was subsequently made for residential development instead. This application was refused by the Council for 3 main reasons:- 1. It was considered that future residents of a housing development would not be provided

with sufficient levels of residential amenity due to the close proximity to the site of existing industrial premises and uses.

2. The site is not allocated for housing and the release of the site was considered premature and potentially prejudicial in relation to the Local Development Framework and Housing Market Renewal Area masterplan.

3. It was also considered that the proposed site would have represented a substantial additional supply of housing that would compete and potentially undermine the regeneration benefits of sites allocated in the UDP.

However, the subsequent appeal was allowed subject to conditions. The appeal decision letter explains circumstances changed in favour of developing the site for housing whilst the appeal was under consideration. This included a desire expressed by the Council to see the site and the adjoining area of land to be developed as part of the Goldthorpe masterplan. Site Description The site comprises a 4.6ha area of land that was associated with the former Goldthorpe Colliery. It is generally rectangular in shape and is relatively flat with it only being affected by a gentle slope downward from north to south. The site is located to the east of Goldthorpe town centre, set back from Doncaster Road which is the main route passing through the centre of Goldthorpe. There are no longer any obvious signs of the former colliery use with the site and surrounding areas having been reclaimed. The site is now open and grassed with a small amount of vegetation growth. The site is located to the west of the on-going development by Ben Bailey Homes for 339 dwellings (as amended) on land also associated with the former colliery and the two sites are linked by the new highway (Kingsmark Way) built from Doncaster Road to enable the colliery site to be re-developed. The road runs alongside the site and is wide enough and includes a roundabout large enough to accommodate HGV traffic, as a previous application (B/04/2330/DE) had approved the site subject of this application to be developed for employment premises. The site is located adjacent to the existing urban area that includes a mixture of housing, recreation land and non-residential uses. To the north the site shares a boundary with allotments and to the west the site boarders open land and a fence fabrication company/derelict industrial land located on Beever Street. The southern boundary forms the edge of the current

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urban area overlooking large open swathes of the Green Belt allowing long distance views into and outside of the site to Bolton-Upon-Dearne and beyond. Proposed Development The proposal is to develop the site for housing purposes. The application is in outline form with all matters reserved apart from means of access. The application includes an illustrative layout plan showing a development of 125 houses, which is considerably fewer than the 190 indicated by the previous application. This provisionally shows a development of detached and semi-detached houses and those arranged in small groups of attached properties up to 4 houses long. Access is proposed from Kingsmark Way via a spur off the existing roundabout that had been previously been constructed in connection with the anticipated use of the land for employment purposes. Site History The historical planning applications relevant to this site/proposal are:- B/00/0001/DE – Outline application for mixed use development including employment and housing. Decision: Granted planning permission with conditions 30/04/2001 B/03/1025/DE – Restoration of site. Decision: Granted planning permission with conditions 26/09/2003 B/04/2330/DE – Mixed use development of employment and housing development (323 dwellings). Decision: Granted planning permission with conditions 19/10/2005. 2010/0983 - Extension of time limit to implement planning permission 2006/1402 for residential development (granted on appeal Planning Inspectorate Ref APP/R4408/072040687). Decision: Granted planning permission with conditions 02/11/2010. Policy Context Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and the saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation. Local Development Framework Core Strategy CSP2 ‘Sustainable Construction CSP3 ‘Sustainable Drainage Systems CSP4 ‘Flood Risk’ CSP5 ‘Including Renewable Energy in Developments’ CSP8 ‘The Location of Growth’

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CSP9 ‘The Number of New Homes to be Built’ CSP10 ‘The Distribution of New Homes’ CSP14 ‘Housing Mix and Efficient Use of Land’ CSP15 ‘Affordable Housing’ CSP17, ‘Housing Regeneration Areas’ CSP19, ‘Protecting Existing Employment Land’ CSP25 ‘New Development and Sustainable Travel’ CSP26 ‘New Development and Highway Improvement’ CSP29 ‘Design’ CSP35 ‘Green Space’ CSP36 ‘Biodiversity and Geodiversity’ CSP39 ‘Contaminated and Unstable Land’ CSP40 ‘Pollution Control and Protection’ CSP42 ‘Infrastructure and Planning Obligations’ Saved UDP Policies UDP notation: Employment Policy Area/Employment Proposal SPD’s - Designing New Residential Development - Parking - Open Space Provision on New Housing Developments Planning Advice Note’s 30 -Sustainable Location of Housing Sites 33- Financial Contributions to School Places Other South Yorkshire Residential Design Guide Emerging Development Sites and Places DPD Proposed allocation: Housing Proposal - Policy H1 ‘Uses on Allocated Housing Sites’ - Policy H4 ‘Phased Release of Allocated Housing Land’ - SD1 Presumption in favour of Sustainable Development - GD1 General Development Policy NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise.

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Paragraphs of particular relevance to this application include: 32 – Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development would be severe. 49 – Housing applications should be considered in the context of the presumption in favour of sustainable development. 58 & 60 – Design considerations 100-104 – Flood risk 179 – Viability – The costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure, contributions, or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable. Consultations Affordable Housing Officer – No objections. Biodiversity Officer – No objections subject to conditions. Coal Authority – No objection. Contaminated Land – No objections subject to conditions. Drainage – No objections subject to conditions. Education – No objection received. Environment Agency – No objections subject to conditions. Highways – No objections subject to conditions. Regulatory Services - No objections subject to conditions. Tree Officer – No objections subject to conditions. SYPTE – No objections subject to conditions. SYMAS – No objections subject to conditions SYAS – No objections subject to conditions. Yorkshire Water – No objections subject to conditions Representations The application was publicised by notices in the press and on site and by notification letter to individual properties. 1 letter of support has been received and 1 letter of potential objection. The letter in support expresses the following comments:-

Investment and employment creation which would assist the regeneration of Goldthorpe.

New development such as this would improve perceptions of the area.

Potential future improvements to the area in terms of reducing levels of crime.

Support the aims for Goldthorpe in the LDF and the Goldthorpe masterplan.

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Support for the delivery of the proposed new primary school. The objection letter mainly intends to raise concerns to prevent Beever Street being used as a means of access to and from the development which is not proposed by the application. Concerns are also expressed about the idea of pedestrians using Beever Street. In addition concerns are raised about loss of views and the impact of the development on biodiversity interests. Assessment Principle of Development - Planning law is that decisions should be taken in accordance with the Development Plan unless material considerations indicate otherwise. The current position is that the Development Plan consists of the Local Development Framework Core Strategy and the saved Policies of the Unitary Development Plan. The National Planning Policy Framework (NPPF) is also a significant material consideration. The NPPF states that a presumption in favour of sustainable development should be at the heart of every application decision. For planning application decision taking this means:-

approving development proposals that accord with the development plan without delay

where the development plan is absent, silent or relevant policies are out of date, granting planning permission unless:- - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole; or - specific policies in the Framework indicate development should be restricted.

The site is mainly shown as a proposed employment site in the UDP with some of the site falling into an employment policy area. However the principle of the site being developed for housing purposes has been established by the appeal decision made on planning application 2006/1402 and later by 2010/0983 for an extension of the time limit. This is reflected in the Consultation Draft 2012 of the Borough’s Development Sites and Places DPD (DSAP) which proposes to allocate the site as part of a housing allocation that also includes the adjacent land, apart from this consideration can only be afforded limited weight at the current stage of the adoption process. Notwithstanding, the site complies with strategic planning set out in the Core Strategy in that the site is part of the Goldthorpe Principal Town, which is a priority to accommodate housing growth over the LDF plan period running to 2026. The site is therefore a suitable and sustainable location for new housing development. As such the main considerations would be the planning history and the NPPF. The implication is that planning applications need to be considered in the context of the presumption in favour of sustainable development. In practice this would mean that planning permission should only be refused if the contents of the application would result in any significant and demonstrable adverse impacts that would outweigh the benefits. This is reinforced by the September 2013 Strategic Housing Land Availability Study, which shows that the Council is unable to show a deliverable five year supply of housing sites. The assessment of the application has therefore been carried out in this context and is detailed below with regards to site specific issues:- Comprehensive Development/Making Efficient Use of Land - The proposal does not include all of the land proposed to be allocated for housing in the Consultation Draft 2012 of the Borough’s Development Sites and Places DPD. However, the plans include provision of access to the remainder of the land through the development, potentially allaying the concern that the remainder of this land would become sterilised.

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Visual Amenity - This is an outline application whereby layout, scale and appearance are reserved. Proposals at the reserved matters stage would be expected to address policies including CSP29 ‘Design’, CSP14 ‘Housing Mix and Efficient Use of Land’, the Designing New Residential Development and Open Space Provision SPD’s and the South Yorkshire Residential Design guide. A starting point should be retention of the existing group of trees located along a section of the eastern boundary of the site adjacent Kingsmark Way in accordance with the recommendations of the Tree Survey. The retention of this group of trees is not clearly shown on the indicative layout plan. Therefore a condition would be required to ensure this. With the proposed development site the indicative plans provisionally show 125 houses would be built comprising of a mixture of detached and semi-detached houses and those arranged in small groups. This variety and the proposed density of 27 dwellings per hectare should ensure that it would be possible to accord with the aims of the policies identified above. Residential Amenity - Again the extent to which this issue is a consideration is limited by the fact that this is an outline application. However the indicative layout shows that the relevant standards could be met in terms of separation distances to new and existing properties and garden sizes. A future reserved matters application would be would be expected to address policies including CSP29 ‘Design’, CSP14 ‘Housing Mix and Efficient Use of Land’, the Designing New Residential Development and Open Space Provision SPD’s and the South Yorkshire Residential Design guide. A potential issue is noise from the metal gate and fabrication workshop located adjacent the north western boundary. This site is also the subject of a current planning application to be redeveloped for housing (ref 2014/0020). Whilst this has the potential to remove this as an issue longer term I consider that a condition requiring a noise assessment to inform any mitigation measures for the new houses would be required as a suitable precaution. Highway Safety - Access to the development is proposed via Kingsmark Way, which was constructed to facilitate the redevelopment of the colliery site. It is of a modern form of construction and is capable of accommodating traffic flows from the proposed development. The proposals do not include Beever Street as a proposed secondary means of vehicular access. However a condition similar to the previous planning permission preventing access from Beever Street would seem prudent on the basis that this road would not be considered suitable to accommodate significant traffic flows. Parking provision would need to comply with the SPD, but is not an issue for the application on the basis that layout is a reserved matter. A travel plan is proposed as a means of achieving a modal shift away from car usage and this would require a condition to be imposed. Overall the proposals do not raise any significant highway safety issues in relation to Core Strategy policies CSP25 and CSP26. Other S106 Considerations – education, public open space and affordable housing - Affordable housing – The site is an area where affordable housing provision should be 15% of the overall number of dwellings under CSP15. However in this case the Affordable Housing Officer has requested a commuted sum is paid to the Council for investing in provision off site rather than on site as part of the development. This is with reference to improving the local mix of housing tenure in the local area with reference to Core Strategy policy CSP17 ‘Housing Regeneration Areas’ and the opportunities available for investing money to bring empty properties back into use. Conditions would need to be imposed and a S106 Agreement shall be required at the reserved matters stage when details of the final housing numbers and types are known.

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Open space provision – In accordance with SPD: Open Space Provision on New Housing Developments, new green space provision is required to be provided as part of the development. The needs assessment carried out by Planning Policy has indicated that provision would be best met by enhancing existing formal and informal provision off site. Again conditions would need to be imposed and a S106 Agreement shall be required at the reserved matters stage when details of the final housing numbers and types are known. In addition, Planning Policy also would require a green footpath link between the roundabout and the continuation of the public footpath route to the south connecting to Barnburgh Lane. This is shown on the plans and would also require a condition to ensure that the details are followed through to the reserved matters stage. Education – It has been confirmed that the proposed development would not lead to capacity issues in this case on the basis that the new primary school proposed for Goldthorpe is to be constructed with sufficient capacity to take into account the amount of development proposed in the area during the LDF plan period. Other Considerations - Biodiversity - The ecological survey has identified that the group of trees on the eastern boundary should be retained, concurring with the results of the tree survey. As has been already been stated this would need to be subject of a planning condition. Apart from that it has not been identified that the development would be likely to affect any protected or priority species. However Japanese Knotweed would need to be removed from an area of the site. In addition the clearing of vegetation should take place outside breeding season or be preceded by a survey and precautionary approach should be applied when clearing the site in case any reptiles are unexpectedly discovered. Furthermore enhancements are proposed in the form of hedgerow enhancements such as bird, bat and hedgehog boxes. The Biodiversity Officer is content with the recommendations having regard to CSP36 ‘Geodiversity and Biodiversity’ subject to a condition requiring the recommendations to be followed through. Drainage/Flood Risk- The Flood Risk Assessment has concluded that the site is not at risk of flooding. In addition the site would not increase the risk of flooding off site as it would include sufficient storage within the site so as to ensure that surface water run off rates do not exceed the existing as per the requirements of CSP4 ‘Flood Risk’. The Drainage section, Environment Agency and Yorkshire Water content that the risks to the development are being adequately assessed. As such they are content for the application to proceed, subject to conditions requiring the technical details to be approved prior to the commencement of development. Ground conditions - The desk top investigation has assessed that the site is suitable for its proposed use having regards to policies CSP39 and CSP40. However, an intrusive investigation is proposed in order to ensure that the development would not be affected by potential problems, including ground instability, contamination or ground gas. Pollution Control, SYMAS and the Coal Authority are content that the risks to the development are being adequately assessed and are sufficiently comfortable for application to proceed subject to conditions requiring the results and any mitigation measures to be submitted prior to the commencement of development. Sustainable Construction – The policy context is that it is a requirement that dwellings are constructed to the relevant level of the Code for Sustainable Homes and that the developments CO2 emissions are reduced by 15% by incorporating suitable design measures. These would require conditions to be imposed. Archaeology – A desk top report has indicated that there might be some potential for archaeology underneath the site. Therefore a watching brief condition is recommended as per advice from SYAS.

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Conclusion In summary, the site is designated Employment Proposal/Employment Policy Area in the UDP. However the principle of the site being developed for housing purposes has been established by the appeal decision made on planning application 2006/1402 and later by 2010/0983 for an extension of the time limit. In addition relevant policies are classed to be out of date by the National Planning Policy Framework and the September 2013 Strategic Housing Land Availability Study shows that the Council is unable to show a deliverable five year supply of housing sites. This means that the application should be considered in the context of the presumption in favour of sustainable development and that permission should be granted, unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits or if specific policies in the Framework indicate development should be restricted. My assessment concludes that the impacts of the proposed development would not be significant and adverse to outweigh the benefits taking into account the planning policy and other material considerations summarised in the assessment section of the report including:-

The need to deliver Council’s adopted target of 21500 new homes over the LDF plan period (CSP9)

The sites inclusion within the Goldthorpe (Dearne Towns) Principal Town settlement which is a priority for growth in the Core Strategy settlement hierarchy (CSP8 and CSP10) and Housing Regeneration Area (CSP17).

Paragraph 49 of the NPPF which states that a presumption in favour of housing development.

Proposals in relation to housing numbers, layout, design and highways are acceptable at the outline stage.

The proposals are considered acceptable at the outline stage in relation to other Core Strategy policies and material considerations including flood risk, biodiversity, land stability, trees, pollution control issues and sustainable construction, subject to the imposition of appropriate conditions.

Therefore it is recommended to the Board that the application is granted planning permission subject to the conditions listed below. Recommendation Grant subject to:- 1 The development hereby permitted shall not be commenced unless and until approval

of the following reserved matters has been obtained in writing from the Local Planning Authority:- (a) the layout of the proposed development. (b) scale of building(s) (c) the design and external appearance of the proposed development. (d) landscaping Reason: In order to allow the Local Planning Authority to assess the details of the reserved matters with regard to the development plan and other material considerations.

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

3 Plans accompanying the reserved matters shall be in substantial accordance with masterplan drawing ref 003 Rev B (including the area of landscaping shown adjacent the public footpath located between the existing roundabout on Kingsmark Way and the southern boundary of the site) and the indicative number of 125 dwellings as specified within the application. Reason: In the order to define the scope of the permission and in accordance with LDF Core Strategy Policy CSP 29, Design.

4 Detailed plans shall accompany the reserved matters submission indicating existing ground levels, finished floor levels of all dwellings and associated structures, road levels and any proposed alterations to ground levels. Thereafter the development shall proceed in accordance with the approved details. Reason: To enable the impact arising from need for any changes in level to be assessed and in accordance with LDF Core Strategy Policy CSP 29, Design.

5 Prior to commencement of development an investigation and risk assessment to assess the nature and extent of any contamination on the site shall be submitted to and approved in writing by the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to:

human health,

property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

adjoining land,

groundwaters and surface waters,

ecological systems,

archeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. The development shall be carried out in accordance with the approved report including any remedial options. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Core Strategy Policy CSP 39.

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6 No development shall take place until: (a) Full foul and surface water drainage details, including a scheme to maintain or reduce existing greenfield run-off rates and a programme of works for implementation, have been submitted to and approved in writing by the Local Planning Authority: (b) Porosity tests are carried out in accordance with BRE 365, to demonstrate that the subsoil is suitable for soakaways; (c) Calculations based on the results of these porosity tests to prove that adequate land area is available for the construction of the soakaways; Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented and the scheme shall be retained throughout the life of the development. Reason: To ensure proper drainage of the area, in accordance with Core Strategy policy CSP4.

7 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: - The parking of vehicles of site operatives and visitors - Means of access for construction traffic - Loading and unloading of plant and materials - Storage of plant and materials used in constructing the development - The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate - Wheel washing facilities - Measures to control the emission of dust and dirt during construction - Measures to control noise levels during construction Reason: In the interests of highway safety, residential amenity and visual amenity, in accordance with Core Strategy Policies CSP 26 and CSP 40.

8 Prior to any works commencing on-site, a condition survey (including structural integrity) of the highways to be used by construction traffic shall be carried out in consultation with the Local Planning Authority. The methodology of the survey shall be approved in writing by the Local Planning Authority and shall assess the existing state of the highway. Within 28 days of completion of the development a second condition survey shall be carried out and shall be submitted for the written approval of the Local Planning Authority, which shall identify defects attributable to the traffic ensuing from the development. Any necessary remedial works shall be completed at the developers expense in accordance with a scheme to be agreed in writing by the Local Planning Authority. Reason: In the interest of highway safety.

9 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries of materials shall only take place between the hours of 0800 to 1800 Monday to Friday and 0900 to 1400 on Saturdays and at no time on Sundays or Bank Holidays. Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40.

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10 There shall be no vehicular access from the site to Beever Street other than for emergency vehicles. Reason: In the interest of highway safety

11 The development hereby permitted shall not begin until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of or enhancement to off-site public open space in accordance with Open Space Provision on New Housing Development SPD/Core Strategy policy CSP35. The provision or enhancement of the off-site open space shall be provided prior to completion of the development in accordance with the approved scheme. Reason: In the interests of residential and visual amenity to ensure adequate provision of public open space in accordance with Open Space Provision On New Housing Development SPD/Core Strategy policy CSP35.

12 Prior to the occupation of the development a draft Travel Plan shall be submitted to and approved in writing by the Local Planning Authority which may include a 1 year travel master pass to the first occupier of each dwelling. The plan shall indicate measures that will be put in place to encourage travel by modes other than the private car, and allow for regular reporting and monitoring to be undertaken. Subsequently, within six months of the site becoming operational, a detailed travel plan shall be submitted to the Local Planning Authority and once approved, it shall be fully implemented and retained as such thereafter. Reason: In the interest of promoting use of public transport, in accordance with Core Strategy Policy CSP 25.

13 Construction or remediation work comprising the use of plant, machinery or equipment, or deliveries of materials shall only take place between the hours of 0800 to 1800 Monday to Friday and 0900 to 1400 on Saturdays and at no time on Sundays or Bank Holidays. Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40.

14 No development shall take place until a detailed noise assessment scheme for protecting future residents of the development from noise arising from the commercial/industrial premises located adjacent the west/north west boundary of the site has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall proceed in accordance with the approved details. Reason: In the interest of the amenity of occupants of the proposed dwellings

15 The landscaping details to be submitted pursuant to condition no.1 above shall include: i) proposed finished levels or contours; ii) indications of all existing trees and hedges to be retained and means of protection thereof during construction; iii) public open areas; iv) soft landscaping; v) means of enclosure; vi) car parking layouts; vii) other vehicle and pedestrian access and circulation areas; viii) hard surfacing materials; ix) minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting etc); and

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x) proposed and existing functional services above and below ground (eg. drainage, power, communications cables, pipelines, indicating lines, manholes, supports etc.) Reason: In the interests of the visual amenities of the locality, in accordance with Core Strategy Policy CSP 29.

16 Prior to the commencement of development or other operations being undertaken on site in connection with the development, the following documents prepared in accordance with BS5837 (Trees in Relation to Construction 2005: Recommendations) shall be submitted to and approved in writing by the Local Planning Authority: - Tree protection plan (TPP) - Arboricultural implication assessment (AIA) - Arboricultural method statement (AMS) No development or other operations shall take place except in complete accordance with the approved methodologies. Reason: To ensure the continued well-being of the trees in the interests of the amenity of the locality.

17 The dwellings shall achieve the minimum requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme) in accordance with details submitted to the Local Planning Authority as part the reserved matters. Details shall include measures to achieve the Code Level applicable at the time of the reserved matters submission (4 from 2013-2015 and 6 from 2016 onwards). Thereafter the development shall be carried out in accordance with the approved details and no dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that the relevant code level has been achieved. Reason: In the interest of sustainable development in accordance with Core Strategy Policy CSP2.

18 Further to the mitigation measures identified in the ecological survey, no development shall commence until a biodiversity protection and management plan covering the matters stated email 1st April 2014 received from Brooks Ecological, including a timetable for implementation has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details. Reason: To conserve and enhance biodiversity in accordance with Core Strategy Policy CSP 36.

19 Prior to the submission of any reserved matters application, an archaeological evaluation of the application area will be undertaken in accordance with a written scheme of investigation that has been submitted to and approved in writing by the local planning authority. Drawing upon the results of this field evaluation stage, a mitigation strategy for any further archaeological works and/or preservation in situ will be approved in writing with the local planning authority and then implemented. Reason: To ensure that the site is archaeologically evaluated in accordance with an approved scheme and that sufficient information on any archaeological remains exists to help determine any reserved matters.

20 Prior to commencement of development, details of a scheme to reduce the developments carbon dioxide emissions by at least 15% by using decentralised, renewable or low carbon energy sources or other appropriate design measures shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and upon completion of the development a report shall be submitted to and approved by the Local Planning Authority demonstrating that at least a 15% reduction in carbon dioxide emissions has

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been achieved. In the event that the use of other decentralised, renewable or low carbon energy sources or other appropriate design measures are also required to achieve a 15% reduction in carbon dioxide emissions, full details of such proposals and a timetable for their implementation shall be submitted to and approved in writing by the Local Planning Authority prior to installation. The approved details shall be implemented in accordance with the approved timetable and all the approved measures shall be retained as operational thereafter. Reason: In the interest of sustainable development, in accordance with Core Strategy policy CSP5.

21 No development shall commence until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the Local Planning Authority. Provision shall be off site and shall be calculated at a level that shall be commensurate to 15% of the number of dwellings being provided as affordable housing on-site in accordance with CSP15 'Affordable Housing'. The affordable housing shall be provided in accordance with the approved details. Reason: To meet identified housing need in accordance with Core Strategy Policy CSP15 'Affordable Housing'.

22 Sightlines, having the dimensions 2.4m x 33m, shall be safeguarded at the junction of the site with Kingsmark Way, such that there is no obstruction to visibility at a height exceeding 1.05m above the nearside channel level of the adjacent highway. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

23 Development shall not commence until details of the phasing of the development has been submitted and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details. Reason: To ensure a safe and adequate highway network, in accordance with Core Strategy Policy CSP 26.

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2013/1330 – Residential development (Outline) – Land at Kingsmark Way, Goldthorpe, Rotherham


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2013/1096 Mr Wartig Erection of 1 no. 24.8m (to hub) high wind turbine with a tip height of 34.5m Land associated with Pule Hill Farm, Rag Lane, Thurgoland

1 representation in support. Cllr Barnard and Thurgoland Parish Council object. Site Description The site is a field which is part of Pule Hill Farm near to the village of Thurgoland. The proposed location of the turbine is to the west of the farm buildings in a field that is located near to the A629 on the section of the road known as Rag Lane in an area of open pasture land. The proposed location is near to field boundaries and an existing turbine but is otherwise an area of farmland/open countryside that spans across a large area apart from isolated farm buildings and the small settlement of Thurgoland located to the south east. The buildings associated with Pule Hill Farm are also located to the east. Amongst these are Pule Hill Farm which is a grade II listed building. The application does not include a topographical survey of the area. However levels would appear to be lower than the A629 and the western edge of the Thurgoland settlement. Proposed Development This is a revised proposal for a wind turbine on the site following application 2012/0840 being withdrawn by the applicant prior to a decision being made. The proposal is to erect a three blade wind turbine on a monopole that would measure 24.8m to hub and 34.5m to blade tip. This contrasts with the previous proposal for a larger turbine that would have measured approximately 36m to hub and 46m to blade tip. The turbine would be estimated to generate 160,000 – 180,000 Kwh per annum and would feed directly into the grid connection via a cable proposed to be constructed underground to a location in the same field to the north. This would require the installation of approximately 90m length of underground cabling and the subsequent restoration of the land above ground. Access is proposed to be provided directly from the A629 involving a 100m+ diagonal route through the field using temporary reinforcing sheets that would be removed following completion of the work to re-expose the field, i.e. the development would not require a permanent access track using a hard-core material. The turbine would also require a concrete base measuring approximately 6m x 6m x 1m deep. Site History 2011/0470 – Erection of 1no 15kw turbine on a 15m high mast. Decision: Granted permission with conditions 07/09/2011 2011/1349 – Erection of 1no 11kWwind turbine on a 18.4m mast. Decision: Granted permission with conditions 09/02/2012 2012/0840 – Previous application for erection of 1no 36.4m (to hub) high wind turbine with a tip height of 46m. Decision: No decision as the application was withdrawn.

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Policy Context UDP notation: Green Belt Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and the saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation. Saved UDP Policies GS6 ‘Extent of the Green Belt’ Local Development Framework Core Strategy The Barnsley Local Development Framework Adopted Core Strategy (CS) includes the following policies: CSP6 ‘Development that Produces Renewable Energy’ - Development that produces renewable energy should be allowed as long as there is no significantly harmful effect on; - The character of the landscape and appearance of the area

- Living conditions

- Biodiversity, geodiversity and water quality

- Heritage assets, their settings and cultural features and areas

- Highway safety and

- Infrastructure including radar.

Proposals must be accompanied by information that shows how the local environment will be protected, and that the site will be restored when production ends. The Core Strategy recognises that undulating landscapes, such as those in the west of the borough, can increase the prominence of turbines. Careful consideration will need to be given to the capacity of the landscape to accommodate turbines, the ability to mitigate visual intrusion and cumulative impacts of individual sites when they are grouped rather than dispersed. The Council will use the Character Assessment and Policy CSP37 to assess the effect of development proposals. CPS21 ‘Rural Economy’ we will encourage a viable rural economy by allowing development in rural areas if it: - supports the sustainable diversification and development of the rural economy; or - results in the growth of existing businesses; or - is related to tourism or recreation; or - improves the range and quality of local services in existing settlements Development in rural areas will be expected to: - be of a scale proportionate to the size and role of the settlement - be directly related, where appropriate, to the needs of the settlement

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- not have a harmful impact on the countryside, biodiversity, Green Belt, landscape or local character of the area - consider the re-use of existing rural buildings in the first instance; and - protect the best quality agricultural land. CSP29 ‘Design’ states that high quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, including (amongst other things): - Topography, important habitats, woodlands and other natural features

- Views and vistas to key buildings, landmarks, skylines and gateways

- Heritage, townscape and landscape character including the scale, layout, building styles and

materials of the built form particularly in and around (amongst other things), Penistone and the rural villages in the west of the Borough. The policy is aimed at ensuring that development is appropriate to its context. CSP34 – Covers the protection of the Green Belt which is to be protected for its openness and visual amenity. CSP37 – Development will be expected to retain and enhance the character and distinctiveness of the individual Landscape Character Area in which it is located (as set out in the Landscape Character Assessment of Barnsley Borough 2002). CSP26 ‘New Development and Highway Improvement’ – New development will be expected to be designed to built to provide safe, secure and convenient access for all road users.’ CSP36 ‘Geodiversity and Biodiversity’– Development will be expected to conserve and enhance the biodiversity and geological features of the borough. Development which may harm such features will not be permitted unless effective mitigation and/or compensatory measures can be ensured. CSP40 ‘Pollution Control and Protection ‘Development will be expected to demonstrate that it is not likely to result in an increase in pollution such as light and noise which would unacceptably affect or cause a nuisance to the natural and built environment or to people. Emerging Development Sites and Places DPD Proposed designation: Green Belt NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. Paragraphs of particular relevance to this application include:

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14. At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. For decision-taking this means:

approving development proposals that accord with the development plan without delay; and

where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless:

–– any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or –– specific policies in the Framework indicate development should be restricted. 80. Green Belt serves five purposes:

to check the unrestricted sprawl of large built-up areas;

to prevent neighbouring towns merging into one another;

to assist in safeguarding the countryside from encroachment;

to preserve the setting and special character of historic towns; and

to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

89. A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. 91. When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources. 93. Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure 95. To support the move to a low carbon future, local planning authorities should:

plan for new development in locations and ways which reduce greenhouse gas emissions; 97. To help increase the use and supply of renewable and low carbon energy, local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources. 98. When determining planning applications, local planning authorities should:

not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and

approve the application if its impacts are (or can be made) acceptable.

28. Planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. Plans should

support the sustainable growth and expansion of all types of business and enterprise in rural areas

promote the development and diversification of agricultural and other land based rural enterprises

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109. The planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. Planning Practice Guidance for Renewable and Low Carbon Energy Government guidance can be a material consideration and should generally be followed unless there are clear reasons not to. The National Planning Policy Framework explains that all communities have a responsibility to help increase the use and supply of green energy, but this does not mean that the need for renewable energy automatically overrides environmental protections and the planning concerns of local communities. 15. The assessment and rating of noise from wind farms’ (ETSU-R-97)13 should be used by local planning authorities when assessing and rating noise from wind energy developments. 16. The effects on the following should be considered having regard to safety considerations: - Fall over distance, power lines, air traffic and safety, defence, radar and the strategic road network. Paragraphs 17-20 provide guidance in relation to the following issues: - electromagnetic transmissions, ecology, heritage assets, shadow flicker. Paragraph 21 provides guidance on how to assess the likely energy output of a turbine and can be useful information in considering energy contribution to be made by a proposal, particularly when decision is finely balanced. Paragraph 22 and 23 - cumulative landscape impacts and cumulative visual impacts. 24. Local planning authorities should consider using planning conditions to ensure that redundant turbines are removed when no longer in use and land is restored to an appropriate use. Consultations Biodiversity Officer – No objections received. Conservation Officer – No objections Highways – No objections subject to conditions Regulatory Services – No objection subject to conditions. Ministry of Defence – No objections National Air Traffic Service – No objections Thurgoland Parish Council – Object on the following grounds:-

Highway safety – Risks to the A629 as a result of structural failure and shadow flicker

Harm to the Green Belt without there being any very special circumstances.

Harm to residential amenity as a result of noise from the turbine.

Planning history – The Parish Council is under the impression that previous applications for smaller wind turbines on the farm have been refused.

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Representations The application was advertised on site, in the local press and by way of neighbour letter. 1 letter of support has been received. In addition Cllr Barnard and the Parish Council have objected. The letter in support expressed that the turbine would make a positive contribution towards providing renewable energy and reducing carbon emissions. The letter also expresses a view that the turbine would not detract from local visual character and that damage to the landscape would be reversible. Councillor Barnard objects for the following reasons:-

Misleading photomontages.

Highway safety – Risks to the A629 as a result of structural failure and shadow flicker.

Concerns that the design and access statement does not explain what measures are in place to overcome the previous objection to application by NATS.

Electromagnetic interference/potential effect on television receptions.

Concerns that the noise report may not relate to the same model of turbine/concerns about infra sound on the properties in the western part of Thurgoland.

Cumulative impact with other wind turbines in the area.

Harm to the Green Belt. No very special circumstances have been provided. Assessment Principle of Development - The proposed turbine is located in the Green Belt and is classed as an inappropriate form of development. Inappropriate development is, by definition, harmful to the Green Belt and such development should not be approved, except in very special circumstances. Such very special circumstances will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. The NPPF states that very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable resources. The NPPF also reiterates the importance of Green Belts and in particular, their openness and permanence and local planning authorities should plan to retain and enhance landscapes, visual amenity and biodiversity. Substantial weight is attached to any harm to the Green Belt. Energy generation, wider environmental benefits and socio-economic arguments in favour - Core Strategy policy CSP6 and the NPPF are supportive of renewable energy schemes of all scales which do not have significant harmful effects on the character and appearance of the area, or the Green Belt. The turbine would be expected to generate an average of 160,000 – 180,000 Kwh per annum and as such, this can be put forward as a case for very special circumstances, but this would need to be sufficient to outweigh the harm to the Green Belt and local landscape. In accordance with paragraph 98 of the NPPF, significant weight is attributed to the renewable energy generation. In addition the energy production from the proposed turbine would contribute towards the reduction of greenhouse gases, reducing the reliance on fossil fuels. However as the anticipated reduction in carbon emissions has not been quantified within the application I am unable to afford this consideration full weight. The development may also constitute support for the applicant’s farm business constituting diversification. However, I am unable to afford this consideration much weight in that this case

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is not made within the application. In addition there is an existing win turbine serving the farm whereas the electricity from the proposed turbine is intended to be fed directly into the grid. Landscape and Visual Impact - The proposed turbine lies within the ‘West Barnsley Settled Wooded Farmland’ Landscape Character Area. The landscape character comprises gently rolling farmland, woodland, intact agricultural land (mainly in arable use), fields bounded by hawthorn hedgerows and some stone walls. Settlement is frequent but small scale and dispersed. Views are open and distant from higher ground and enclosed by landforms in valleys. The landscape character assessment indicates that the rural character of the area and its low density settlement pattern make this landscape particularly sensitive to built development. The applicant has submitted a Landscape and Visual Impact Assessment which includes a number of photomontages. The application recognises that the site is located in the Nottinghamshire, Derbyshire and Yorkshire Coalfield Landscape Character Area, but does not address the local designation based upon difficulties the applicant has experienced gaining access to the information as is stated in the application. The report concludes that the turbine would have slight adverse impacts on the landscape. Notwithstanding the applicant contends that this does not equate to unacceptable harm and that the impacts should be balanced against the benefits of the renewable energy that would be generated. In addition the applicant contends that the impacts on the landscape would be only felt locally due to the scale of the development and that there are no significant cumulative impacts to take into account of as the existing small number of turbines in the vicinity are few in number, are of a small scale and would not be viewed in context. On a local scale, the main views of the turbine would be from traffic using the A629 and nearby farms. The site is fairly well screened from Thurgoland given the distances, the land contours and as there are a high number of mature trees between the two areas. However the high land contours expose the site to being open distance views from Penistone and Dodworth located to the north and north west. Looking at the photomontages it is my opinion that the turbine would result in a level harm being caused to the Landscape Character Area at a local level. More specifically I am concerned about the scale of the turbine in context and its proximity in relation to the A629 on the approach the entrance of Thurgoland village. Accordingly this harm would be in addition to the harm that would be caused to the Green Belt by way of inappropriateness and to the openness. However I agree with the applicant that the harm would need to be weighed against the wider benefits associated with the increased production of energy from renewable sources. Cumulative impact - Government guidance in the Renewable Energy PPG is that cumulative landscape impacts and cumulative visual impacts are best considered separately. Cumulative landscape impact is concerned with the degree to which a proposed renewable energy development will become a significant or defining characteristic of the landscape. Cumulative visual impacts may arise where two or more of the same type of renewable energy development will be visible from the same point, or will be visible shortly after each other along the same journey. The proposed development does raise a degree of concern with regard to cumulative visual impact considerations due to the existence of the existing two smaller turbines in the field (including one belonging to the applicant). However I am more concerned about the landscape impact of the turbine more locally that it would become a significant and defining character of the local landscape.

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Residential Amenity - The nearest dwellings are Grants Farm and Pule Hill Lodge which are located approximately 335m and 380m from the turbine respectively. Whilst concerns have been raised by the Parish Council and Councillor Barnard about the potential effects noise from the turbine; Regulatory Services have assessed the application and the associated noise report and do not object advising that the turbine will not cause a noise nuisance at the nearest sensitive property. As such they raise no objections subject to the imposition of a suitable condition as a precaution. The proposal is considered to comply with policy CSP40 on that basis. Highway Safety - The proposed development would not result in any significant highway safety impacts either through construction deliveries or the operation of the turbine in that the turbine site is an acceptable distance away from all roads based on the DfT guidance ‘The Strategic Road Network and the Delivery of Sustainable Development’. In addition the components of the turbine are proposed to be delivered in sections for on-site assembly via two vehicles meaning there will be not be a need for abnormally large loads. Concrete for the base would be delivered by a standard concrete vehicle. Furthermore an excavator and two cranes would need to be transported to the site. Overall this should not be an issue from a highway safety point of view subject to the precise details of the proposed construction arrangements being detailed in a construction method statement. Other Issues - Heritage Assets – The proposed turbine would be located approximately 250m to the west of Pule Hill Farm which is a grade II listed property. However, the Conservation Officer is of the opinion that the scale of the turbine would not be sufficient to harm the character and appearance at this distance. Ecology - The application includes an ecological assessment. The assessment includes an appraisal of the ecological value of the turbine site and concludes that the impact is likely to be low due to the modest scale of the turbine and the pre-cautionary siting which maintains an appropriate intervening distance between the proposed development and potential habitat features. No comments have been received from the Biodiversity Officer to the contrary. Potential for structural failure - Concerns have been raised regarding structural failure of the turbine. However, there have been very few incidences of structural failure relating to wind turbines and the turbine is located approximately 335m from the nearest property and 55m from the A629 which complies with the suggested spacing standards stated in the Planning Practice Guidance. Shadow flicker –Planning Practice Guidance for Renewable and Low Carbon Energy advises that only properties located within 130 degrees either side of north relative to the turbines are likely to be affected by shadow flicker. Furthermore, flicker effects have only been known to occur within 10 rotor diameters of a turbine and the effects reduce with distance. There are no properties potentially affected within this radius. TV reception interference – A turbine of this scale is unlikely to cause any significant problems of electrical interference. Air traffic inference – National Air Traffic Services and the Ministry of Defence have been both been consulted and neither have resolved to object in this case. The National Air Traffic Service had objected to the previous application. However the reduced size of the proposed turbine in comparison to the previous application has presumably overcome the issues.

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Conclusion The proposed development is classed as an inappropriate form of development in the Green Belt. Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances. Substantial weight should be given to any harm to the Green Belt and very special circumstances will not exist unless the harm to the Green Belt by reason of inappropriateness is clearly outweighed by other considerations. Paragraph 88 of the NPPF also allows for the effects of any other harm to be considered. Very special circumstances may include the wider benefits associated with the increased production of energy from renewable sources (paragraph 91 of the NPPF). The turbine would be estimated to generate 160,000 – 180,000 Kwh per annum for the grid. The benefits of the turbine would therefore be relatively modest. However the NPPF states that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions meaning that this consideration accrues significant weight in favour. Core Strategy policy CSP6 ‘Development that Produces Renewable Energy’ also potentially allows for wind turbine developments on sites in the Green Belt where very special circumstances can be demonstrated and where the impacts to the landscape and other considerations, such as residential amenity and biodiversity would not be significant. No significant implications have been identified with regards to the effects on living conditions, biodiversity, heritage assets, highway safety and infrastructure including radar in terms of the criteria of policy CSP6. The remaining criterion is consideration of the effect on the character of the landscape and appearance of the area. Therefore the case may be considered to hinge on this issue on the basis that this consideration has the potential to lead to additional harm that would need to be weighed on top of the harm that would be caused to the Green Belt by way of inappropriate development and to the openness. When specifically considering this issue I consider the proposal to be fairly balanced in that the scale of the turbine would not be excessive in the context of some turbine applications. In addition the development would not require any other permanent forms of development in the field following restoration works after the installation of the cables. On the other hand the site is within a sensitive landscape (West Barnsley Settled Wooded Farmland’ Landscape Character Area) whereby the landscape sensitivity to built development is judged to be high and landscape capacity is considered to be low and the applicants own landscape character assessment acknowledges the turbine would have slight adverse impacts on the landscape. Looking at the photomontages I am concerned about the extent that the turbine would appear as a significant and defining character of the landscape, contrary to advice in the Planning Practice Guidance. More specifically I am concerned about the scale of the turbine in context on the land contours which expose the site to long distance views to the north and north west, particularly from the Penistone area. In addition I have concerns that the location of the turbine may dominate the visual entrance on the approach to Thurgoland village to users of the A629. It is therefore also my opinion that the development would be contrary to CSP6 and CSP37 ‘Landscape Character’. For the same reasons the proposed development would also be considered to harm openness and conflict with one the purposes of including land within the Green Belt which is to safeguard the countryside from encroachment. Overall therefore I consider that the level of harm that would be caused by the application to the Green Belt by way of inappropriate development (including to the openness, conflict with safeguarding the countryside from encroachment) and to the West Barnsley Settled Wooded

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Farmland’ Landscape Character Area by virtue of appearing as a significant and defining feature of the landscape would be too great that the renewable energy benefits of the development would be insufficient to clearly outweigh this cumulative harm. Therefore it is recommended to the Board that planning permision is refused for the proposed development on the basis that the development is considered to conflict with national planning policy stated in the NPPF and Planning Practice Guidance, and Core Strategy policies CSP6, CSP21, CSP34 and CSP37. Recommendation Refuse 1 The site lies within the Green Belt in the Barnsley Unitary Development Plan and the

proposal constitutes inappropriate development. The Local Planning Authority is of the opinion that the considerations put forward do not clearly outweigh the substantial harm by reason of inappropriateness combined with the significant harm to the character and openness of the Green Belt by virtue of the proposed scale and siting of the turbine in relation to the immediate surrounding landscape character. As such the proposal conflicts with the provisions of the NPPF, the advice contained within the National Planning Practice Guidance for Renewable and Low Carbon Energy and Barnsley Core Strategy policies CSP6, CSP21, CSP34, CSP37 and the Barnsley Landscape Character Assessment.

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2013/1096 – Erection of 1 no. 24.8m (to hub) high wind turbine with a tip height of 34.5m – Land associated with Pule Hill Farm, Rag Lane, Thurgoland, Sheffield


Lay-by

CO

PSTER

LAN

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235.4m

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2014/0169 Berneslai Homes Erection of residential development of 3 pairs of semi-detached properties. 14A Green Street, Worsbrough, Barnsley, S70 4RS

No objections received.

Site Description The site relates to a piece of vacant land, measuring approximately 1000m2, which Fronts Green Street to the South and is bordered by an access road to the East and North. The land is currently laid to grass but previously accommodated housing. It slopes approximately 3m down from North to South and approximately 1m from West to East. The surrounding area is predominantly residential in nature with a detached property, containing 3 flats, to the West of the Site, 3 storey terraced properties to the North of the site and semi-detached properties to the South East of the site. Directly to the south, opposite Green Street, is an area of Green Space.

Proposed Development The applicant seeks permission to erect 3 pairs of semi-detached properties (6no. dwellings in total). Each dwelling would have 2 bedroom accommodation spread over two floors. There would be an area of hardstanding to the front providing off road parking for 1 vehicle and a private terraced garden to the rear. The dwellings would be modern in appearance with a palette of materials including render, brick and weatherboard. Photovoltaic panels are also proposed on the south facing roof slopes. The plans also show the creation of 2no. laybys and the relocation of a pavement/footpath on the land to the south of the application site. However, the work could be undertaken under part 12 of the General Permitted Development Order and as such is not part of this application.

Policy Context Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation. Core Strategy CSP 2 ‘Sustainable Construction’ – All new dwellings will be expected to achieve at least a level 3 rating under the Code for Sustainable Homes or equivalent CSP 4 ‘Flood Risk’ The extent and impact of flooding will be reduced by expecting all development proposals on brownfield sites to reduce surface water run-off by at least 30%.

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CSP 26 – New Development and Highway Improvement – New development will be expected to be designed and built to provide safe, secure and convenient access for all road users. CSP29 – Design – High quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley. Development should enable people to gain access safely and conveniently. Saved UDP Policies Policy H8 (Existing Residential Areas) – Areas defined on the proposals map as Housing Policy Areas will remain predominantly in residential use. H8A – The scale, layout, height and design of all new dwellings proposed within the existing residential areas must ensure that the living conditions and overall standards of residential amenity are provided or maintained to an acceptable level both for new residents and those existing, particularly in respect of the levels of mutual privacy, landscaping and access arrangements. H8D – Planning permission for infill, backland or tandem development involving single or a small number of dwellings within existing residential areas will only be granted where development would not result in harm to the local environment or the amenities of existing residents, create traffic problems or prejudice the possible future development of a larger area of land. SPDs/SPGs SPD ‘Designing New Housing Development’ SPD ‘Parking’ provides parking requirements for all types of development. Other material considerations South Yorkshire Residential Design Guide - 2011 NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. In respect of this application, the policies above are considered to reflect the 4th Core Principle in the NPPF, which relates to high quality design and good standard of amenity for all existing and future occupants of land and buildings. They also reflect the advice in paragraph 58 (general design considerations) and paragraph 64, which states that ‘permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions’.

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Consultations

Highways DC – No objection Yorkshire Water – No objection Drainage – No objection subject to conditions Representations None Assessment Principle of Development - The site is allocated as Housing Policy Area in the currently adopted UDP proposals maps and Urban Fabric, i.e. land within the settlement with no specific allocation, in the consultation draft of the Sites and Places Development Plan Document All new dwellings proposed within existing residential areas must ensure that living conditions and overall standards of residential amenity are provided or maintained to an acceptable level both for new residents and those existing, particularly in respect of the levels of mutual privacy. In addition, development will only be granted where the proposal would maintain visual amenity and not create traffic problems or prejudice the possible future development of a larger area of land. In addition, the historic maps show that the site previously accommodated 3 pairs of semi-detached dwellings in a very similar position as the proposed dwellings. As such, the principle of residential development to that density has previously been established. Residential Amenity - The proposed properties would be located to the South East of numbers 14 a, b & c Green Street and within close proximity to the side elevation. However, plot 1 would not project beyond the rear elevation of the neighbouring property and would only project beyond the front elevation by approximately 2.5m. In addition, the proposed dwellings would be built on a lower level and the neighbouring side elevation does not contain any habitable room windows. As such, the proposed dwellings would not significantly increase overshadowing or be an overbearing feature on number 14, in accordance with H8D. The proposed dwellings would be directly to the south of the terraced properties fronting James Street. Plots 1-3 would be in excess of 21 metres from the neighbouring dwellings but plots 3-6 would be between 19.5m and 17.5m from the neighbouring rear elevations, falling short of the guideline of 21m set out in SPD ‘Designing New Housing Development’. However, given the significant level difference and the access road running between the two sites, the reduction in separation distance would be acceptable in this case and would not have an unreasonable impact on the residential amenity, in terms of overbearing, overshadowing or privacy, of the neighbouring residents, or, the future residents of the proposed dwellings. With regards to the amenity of the future residents of the dwellings, all the proposed rooms exceed the internal spacing standards set out for 2 bedroomed properties in the South Yorkshire Residential Design Guide. In addition, the rear private garden areas are in excess of the required 50m2. As such, residential amenity levels for the occupants of the proposal dwellings would be to a reasonable degree, in accordance with policy H8D. It is acknowledged that due to the level of the site the rear gardens would be terraced resulting in a retaining wall in excess of 2m relatively close to the rear boundary. However, there would be an approximate separation distance of 3m and the living areas would be served by relatively large glazed French doors. As such, despite the North orientation, adequate levels of light could be achieved within the properties.

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As a result of the terracing, some of the soft landscape areas are limited, especially to the rear of plots 5 and 6. However, each property has direct access to a level patio area which would be a highly usable entertaining space, far more practical than a larger sloping garden. As such, residential amenity levels would be acceptable. Visual Amenity - It is acknowledged that the scheme would be relatively modern in terms of design and materials whereas the existing neighbouring properties are of a more traditional build. However, there are a number of styles and ages of houses evident within the surrounding area, and, by introducing new designs and materials, it would arguably add interest to the vista and could stimulate further improvement. In any case, although the proposal would be a different direction for the immediate area, there are a number of similar schemes which have received support and approval across the Borough in recent months. As mentioned above, the layout of the proposed scheme is very similar to the scheme that stood on the site previously. Each pair of semis are slightly angled against each other to follow the curvature of the road ensuring that each property is relatively parallel to it, providing good frontage. As such, the visual amenity of the streetscene would be maintained to a reasonable degree, in accordance with H8D and CSP 29. The site is relatively prominent being on a corner plot with roads to three boundaries. However, the interest in terms of design and materials has not been limited to just the front elevations facing Green Street. The side elevations contain narrow windows to break up the large expanse of brick work and the rear elevations contain elements of brick work and render. In addition the first floor windows on the rear elevation incorporate stainless steel balustrades to add a further element and material. No details of the boundaries have been submitted with the application. The boundaries are relatively important in this scheme due to their prominent positions, as such, a condition will be recommended for details of boundary treatments to be submitted. Highways - Each property would have one off road parking space which meets the criteria for a 2 bedroom property, as set out in SPD ‘Parking’. The proposed parking spaces measure 5.0m long by 2.5m which meets the criteria of the South Yorkshire Residential Design Guide and there is space available to increase the width of the spaces to at least 3.3m to meet lifetime Homes. As such, highway safety would be maintained to a reasonable degree, in accordance with CSP 26. Summary The proposal would ensure that living conditions and overall standards of residential amenity are provided or maintained to an acceptable level both for new residents and those existing, particularly in respect of the levels of mutual privacy. In addition, the proposal would maintain visual amenity and not create traffic problems or prejudice the possible future development of a larger area of land, in accordance with H8A, H8D, CSP 26, CSP 29 and Supplementary Planning Documents ‘Parking’ and ‘House Extensions’. Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 3 years from

the date of this permission. Reason: In order to comply with the provision of Section 91 of the Town and Country Planning Act 1990.

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2 The development hereby approved shall be carried out strictly in accordance with the plans (Nos 003, 004, 100 & 101) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.

3 No development shall take place until full details of the proposed external materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP 29, Design.

4 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the position and design of boundary treatment to be erected. The boundary treatment shall be completed before the dwelling is occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with Core Strategy Policy CSP 29, Design.

5 The parking/manoeuvring facilities, indicated on the submitted plan, shall be surfaced in a solid bound material (i.e. not loose chippings) and made available for the manoeuvring and parking of motor vehicles prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: To ensure that satisfactory off-street parking/manoeuvring areas are provided, in the interests of highway safety and the free flow of traffic and in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement.

6 All surface water run off shall be collected and disposed of within the site and shall not be allowed to discharge onto the adjacent highway. Reason: In the interests of highway safety in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

7 No development shall take place until: (a) Full foul and surface water drainage details, including a scheme to reduce surface water run off by at least 30% and a programme of works for implementation, have been submitted to and approved in writing by the Local Planning Authority: (b) Porosity tests are carried out in accordance with BRE 365, to demonstrate that the subsoil is suitable for soakaways; (c) Calculations based on the results of these porosity tests to prove that adequate land area is available for the construction of the soakaways; Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development. Reason: To ensure proper drainage of the area in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

97


9 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no enlargement, improvement or other alteration of the dwellings which would otherwise be permitted by Part 1 of Schedule 2 to that Order shall be carried out without the prior written consent of the Local Planning Authority, and no garages or other outbuildings shall be erected. Reason: To safeguard the openness and visual amenities of the Green Belt in accordance with Core Strategy Policy CSP 34, Protection of Green Belt.

10 The dwelling(s) shall achieve Code Level three, in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been submitted to the Local Planning Authority certifying that Code Level 3 has been achieved. Reason: In the interest of sustainable development in accordance with Core Strategy Policy CSP2.

98

2014/0169 – Erection of residential development of 3 pairs of semi detached dwellings – Land adj 14A Green Street, Worsbrough, Barnsley


TCB

PANTRY GREEN

GEO

RG

E S

TREET

PANTRY WELL

KINGS CROFT

GROVE STREET

BANK END ROAD

JAMES STREET

PANTRY HILL

GREEN STREET

LABURNAM

HIG

H S

TREET

OAKDALE

GROVE

CLA

RKSO

N S

TR

EET

HEPTI

NSTA

LL S

TREET

PA

NTR

Y W

ELL

106.7m

76.3m

81.1m

14

13

10

4

12

13

12

2

21

23

2

11a

20

13

17

7

186

63

164

166

53

51

8

168

12

164a

162

2

1

127

3

123

2

172

5

7

5

1

33

25 3

57

38

50

11

Granv

ille H

ouse

56

31

29

36

44

24

45

18

1

12

28

13

1

5

16

1

9

14c

14b

14a

19

52

26

40a

13

(PH)

2

1

The Darley

18

14

8

16144

152

18

43

37

49

41

2

160

Community

Church

7

13 2

1

19

30

2

2325

29

35

136

2

99

2014/0262 Mr A Nixon Removal of 2no Hawthorne trees, 1no Ash tree and remove westernmost stem from 1no Sycamore tree within TPO 12/1981 St Thomas’ Church, Bank End Road, Worsbrough, Barnsley

Description

St Thomas’ Church is situated on Bank End Road close to the junction with High Street and is bounded to the rear by Yews Lane; the church is located in an elevated position and is prominent within the street scene and sits centrally within the area TPO.

Proposed Development

The applicant seeks permission for the removal of Removal of 2no Hawthorne trees, 1no Ash tree and remove westernmost stem from 1no Sycamore tree within TPO 12/1981

Policy Context The statue law on TPO’s is in the Town and Country Planning Act 1990 and in the Town and Country Planning (Trees) Regulations 2012. Primarily the aim of making a TPO is to protect the amenity value of the tree or trees. Local Planning Authorities may make a TPO if it appears to them to be: 'expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area'. The Act does not define 'amenity', nor does it prescribe the circumstances in which it is in the interests of amenity to make a TPO. Normally trees should be visible from a public place e.g. road or footpath for a TPO to be made but the courts have decided that trees should be protected for “pleasure, protection and shade they provide”. Taking this into account trees should be considered for other aspects of amenity that they provide other than visual amenity. Government advice and guidance available on the administration of TPOs, is:- ‘Tree Preservation Orders: A Guide to the law and Good Practice’ 2000. Consultations Tree Officer – approve subject to conditions Representations Neighbour notification letters were sent to surrounding residents, no comments have been received. Assessment In line with good practice, primarily the aim of making a TPO is to protect the amenity value of the tree or trees. In considering TPO applications the LPA is advised:

(1) to assess the amenity value of the tree or woodland and the likely impact of the proposal on the amenity of the area, and

(2) in the light of their assessment at (1) above, to consider whether or not the proposal is justified, having regard to the reasons put forward in support of it.

100

As mentioned previously the church sits centrally within an area TPO and the trees subject to this application are located along the eastern boundary with 13 Bank End Road. Permission is sought to fell 2no. Hawthorn trees (T1 and T4), 1no. Ash tree (T3) and remove the westernmost stem from Sycamore tree (T2). The trees are beginning to cause concerns in relation to the loss of limbs into the garden of the neighbouring property and therefore are posing a risk. It may be feasible to prune the trees and retain them however they are not particularly noteworthy specimens and given their secluded location within the group, the trees would not be missed. On balance, given the trees location and the extensive tree cover within the church yard, along with the fact that the trees are becoming problematic it is considered prudent to allow their removal as it would not have a negative impact on the character of the street scene or upon the area TPO. For the same reasons, it is not considered necessary to provide replacement planting as any new sapling would struggle to establish under the dense canopy which covers the entire site. Recommendation Grant subject to:- 1 The proposed tree works should be completed within 2 years of the date of this consent.

Reason: To ensure that adequate notice is given for the works to be inspected and approved by the Local Planning Authority.

2 Not less than five working days notice of the date of the proposed work shall be given in writing to the Local Planning Authority and the tree surgery shall be carried out to the standards set out in BS3998. Reason: To ensure the work accords with good arboricultural practice.

101

2014/0262 – Fell Hawthorne trees T1 and T4, fell Ash treet T3 and remove westernmost stem from Sycamore tree T2 within TPO 12/1981 – St Thomas Church, Bank End Road, Worsbrough Dale, Barnsley


MemorialLB

St Thomas's Cemetery

Shelter

Shelter

Allotment Gardens

CLI

FFE A

VEN

UE

YEWS LANE

CLIFFE AVENUE

BANK END ROAD

KNOWLE ROAD

124.7m

111.3m

103.9m

111.9m

118.6m

117.7m

112.8m

6a

Church

St Thomas's

16

6c

6d

Sub

Hall

El

Sta

2

13

12

Cliff

PC

1

2b2a

8

34

2

16

1

2

26

14

13

22

5

4

Cliffside Cottage

23

Cliff Court House

6

6e

36

169

169a

Cottages

5

9

2

13

Darley

10

1

The Lodge

102

BARNSLEY METROPOLITAN BOROUGH COUNCIL

PLANNING APPEALS

1st March to 31 March 2014

APPEALS RECEIVED The following appeals have been received during this month

Reference Details Method of

Appeal

Committee/Delegated

2013/1155

2013/1073

Retention of decking to garage roof with installed railings and steps Erection of residential development of up to 250 dwellings, provision of access and associated works including open space and structural landscaping. (Outline)

Written

Representation

Written

Representation

Delegated

PRB

APPEALS WITHDRAWN

No appeals were withdrawn in the month of March APPEALS DECIDED

Reference Details Method of

Appeal

Decision Committee/

Delegated

2013/0027

Residential Development of 4

units (Outline)

Land to the rear of White Hart

PH, Bridge Street, Penistone,

Sheffield

Written

Representations

Dismissed

19/03/2014

Delegated

14 Appeals decided since April 2013 8 Appeals allowed since April 2013 57.2% of all appeals dismissed since April 2013

Report of the Assistant Director Planning and ... · (Resubmission) Land Off Wakefield Road,...

Documents

Transcript of Report of the Assistant Director Planning and ... · (Resubmission) Land Off Wakefield Road,...