committee report - main body of document...arrangement with direct access off beaumont street. plots...

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Report Precis

Report of the Assistant Director Planning and Regulatory Services To the Planning Regulatory Board

Date 17/09/2013 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.

Background Papers

These are contained within the application files listed in the following schedule of planning applications. They are available for inspection at Barnsley Connects, The Civic Centre, Eldon Street, Barnsley, S70 2JL.

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INDEX

2013/0809 Approve Page 4 Erection of 14 no. townhouses (in 3 blocks) with associated parking and

landscaping. Former Hoyland Common Infants' School , Hoyland Road/Watson Street, Hoyland

Common, Barnsley ,South Yorkshire S74

2013/0813 Approve Page 16 Residential development of 33 no. 2, 3 and 4-bed dwellings (Outline)

(Resubmission of planning application 2012/0801) Land off Sheffield Road, Penistone, Sheffield, S36 6HH

2013/0710 Approve Page 30 Erection of foodstore with associated car parking and landscaping. Land off Barnsley Road, Cudworth, Barnsley

2013/0811 Approve Page 42 Proposed alteration and extension of existing primary school to form 8 new

classrooms, hall, office, meeting room, playground and landscaping works. Worsbrough Common CP School, Bruce Avenue, Barnsley, S70 4EB

2013/0645 Approve Page 49 Residential development - erection of 3 no. detached dwellings with garages and

access improvements. The Old Quarry, Common Road, Brierley, Barnsley, S72 9ED

2013/0736 Approve Page 59 Erection of 2no. pairs of semi detached dwellings and associated works. Land adj 344 New Road Staincross Barnsley S75 6GP

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2013/0702 Approve Page 67 Infill of bridge with inert material and provision of grassed earth bunds either side

of structure. Railway Bridge TJC3/179, Storrs Mill Bridge, Darfield Road,

Cudworth, Barnsley.

2013/0743 Approve Page 73 Erection of a detached agricultural workers dwelling. Carr Lane Farm, Carr Lane, Gunthwaite, Barnsley, S36 7GB

2013/0870 Approve Page 82

Residential development of 9 no dwellings - 4 pairs of semi's and 1 detached.

(Reserved Matters) Land at Saville Road, Gilroyd, Barnsley

2013/0414 Refuse Page 88 Siting of static caravan in connection with recycling business (Retrospective) Unit 1, Acorn Way, Grimethorpe, Barnsley, S72 7PE

2012/1363 Refuse Page 93 Residential development (Outline) Land at Laird's Way, Penistone, Sheffield

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2013/0809 Mr Alex Porter Erection of 14 no. townhouses (in 3 blocks) with associated parking and landscaping. Former Hoyland Common Infants' School , Hoyland Road/Watson Street, Hoyland Common, Barnsley

Application requested to go to PRB by a Councillor. 9 individual objections, 34 e-mails containing the same pro-forma objection letter, and petitions containing 248 signatures received against the development. Site Description The application relates to the former Hoyland Common Infants School site on the corner of Hoyland Road, Watson Street and Beaumont Street. The building was demolished a number of years ago and the site has remained vacant since. The site is rectangular in shape and extends to approximately 0.23 Hectares. The surrounding area is predominantly residential in nature with stone and brick built terraces the most abundant property type. There are a number of commercial properties within close proximity to the site which front Hoyland Road which is allocated as a Principle Shopping/Commercial Centre. The closest commercial properties include a modest retail store to the North West corner, a retail store with associated tea room to the North East corner, and a small supermarket with post office to the North, opposite Hoyland Road. With regards to the road network, Hoyland Road is classified and links to Sheffield Road which serves the M1 at Junction 36. Watson Street is a small residential street which operates a one way system with access from Hoyland Road. It has a number of landscaped islands or ‘build outs’ which project from the pavement into the road providing areas for on street parking and a single carriageway. Beaumont Street is a two way residential street serving a number of terraced residential properties. Site History 2007/1553 – erection of four town houses, fifteen apartments and four shops – approved. The application was for 4no. 3 bedroomed 2.5 storey town houses facing Beaumont Street, similar to those proposed in this application, 8 apartments in a two storey block facing Watson Street, and, 4 ground floor retail units, 1 ground floor flat and 6 flats above the retail units in a 3 storey building fronting Hoyland Road. There were a total of 26 parking spaces, 13 in a line fronting Watson Street, similar to the parking arrangements proposed under this application, and 14 within the site, accessed off Watson Street. The scheme lapsed due to the economic climate. Since that approval the applicant had reservations regarding the retail and apartment element as the demand does not seem to be there in that area. As such, the scheme was amended to be entirely made up of town houses which are currently in demand.

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It is acknowledged that this application has now lapsed and that planning policy has changed since the approval. However, a number of the policies relevant at the time have been saved from the Unitary Development Plan and most of the advice from SPG ‘Infill Development’ and SPD ‘Parking’ have been carried forward in to SPD ‘Designing New Housing Development’ and SPD ‘Parking’. Proposed Development The applicant seeks permission to erect 14no. 3 bedroomed 2.5 storey townhouses in 3 terraced rows. Three of the properties would be facing Beaumont Street, 6 facing Watson Street and 5. facing Hoyland Road. Each dwelling would have ground floor open plan living accommodation, first floor bedrooms and a master suite in the roof space. The dwellings would have private, enclosed, rear amenity space with pedestrian access through the rear boundaries. In terms of parking, plot 1 would have 2no. private parking spaces ‘on site’ in a tandem arrangement with direct access off Beaumont Street. Plots 2-14 would be served by 14no. parking spaces fronting Watson Street similar to the parking arrangement approved under application 2007/1553. 3 no. on street parking spaces would be retained on Watson Street to the side of plot 3. Policy Context The site is allocated as an existing community facility in the Unitary Development Proposals Maps and as within a District or Local Centre within the consultation draft of the Development Sites and Places Development Plan Document (DSAP) 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%. 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.

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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. Also of relevance is 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’. Consultations Yorkshire Water Services Limited – No objections Highways DC – No objections subject to conditions Drainage (Wayne Atkins) – No objection subject to condition Regulatory Services – No objections

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Architectural Liaison Officer – No objections Design – No objections Representations The representations received are highlighted below; - 3 email objections - 6 letters - 34 emails from the same email address containing a standard objection letter attachment sent

on behalf of 34 separate properties. - 4 petitions;

-One displayed in the Barnsley Animal Rescue Shop (21A Hoyland Road) containing 49 signatures. -One displayed in Herbal Delights Ltd. (9 Hoyland Road) containing 54 signatures. -One displayed in Searns Décor Ltd (5 Hoyland Road) containing 17 signatures -One displayed in the Co-op containing 128 signatures.

It should be noted that a number of objectors have signed more than one petition and/or signed the standard objection letter and/or sent in a separate email/letter of objection. The main concerns raised are as follows: - Insufficient parking - Proposal adding to existing congestion on roads - Highways safety affected both for road users and pedestrians - Overshadowing - Drainage concerns Two representations from Councillors have also been received citing parking as an issue. Assessment Principle of development - As mentioned in the site history section above, a mixed residential and retail scheme was approved under application 2007/1553, although it has since lapsed. However, that application demonstrates that the site can accommodate a residential development in principle and is an appropriate use within the area. Although Hoyland Road has a mix of commercial premises the majority of buildings surrounding the site are in residential use. In addition, a similar parking arrangement was also approved under the 2007 scheme which demonstrates such an arrangement under this application would be acceptable in principle. The proposed dwellings would also contribute to the 21500 net additional homes required, 1800 of which are required in the Hoyland area, during the period 2008 to 2026 as set out in Core Strategy Policies CSP 9 and CSP 10. Furthermore, Hoyland is designated as a Principal Town where new development is expected to be concentrated. All new dwellings proposed 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.

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Residential Amenity - The layout of the scheme has been designed to comply with Supplementary Planning Document ‘Designing New Housing Development’ in that;

The front elevations of the townhouses facing Beaumont Street and Watson Street would be between 12m and 19m from the front elevations of the existing properties opposite.

The rear elevations of the 9 proposed dwellings on Beaumont Street would be at least 21m from the rear elevations of the properties fronting Allot Street and would also be at least 10m from the rear boundaries of those properties.

The rear elevations of the proposed properties fronting Hoyland Road and Beaumont Street would be 12m from the side elevations of plots 4 and 9 and would also be at least 10m from the side boundaries of the rear amenity spaces of those dwellings.

As a result of the above points, the positioning of the proposed dwellings would not result in overbearing features, significantly increase overshadowing or reduce privacy levels to an unreasonable degree of the existing properties within the surrounding area. In addition, the layout would also result in acceptable levels of residential amenity, in terms of overbearing, overshadowing and privacy, for the potential future residents of the scheme itself, in accordance with policies H8A and H8D. It is acknowledged that plot 1 would be adjacent to number 8 Beaumont Street and would project approximately 6m beyond its rear elevation. However, the property would be set in from the boundary by 2.5m and would be orientated to the North East, as such; it would not be an overbearing feature or increase overshadowing to an unreasonable degree, in accordance with the SPD and H8A and H8D. In terms of the residential amenity for future residents, the internal layout and room sizes of the proposed dwellings meets the criteria set out in the technical guidance of the South Yorkshire Residential Design Guide. It is acknowledged that the garden areas would be approximately 50m2 which is below the 60m2 required for 3 bedroomed properties, however, the properties are relatively modest in size and unlikely to house larger or growing families. In addition, the properties would be located within a densely developed area of terraced dwellings which tend to have relatively small rear garden/yard areas. As such, they are comparable to the development pattern of the area and would provide adequate amenity levels. It should also be noted that the properties are placed within an area which has good access to recreation areas and open countryside. The Council’s Drainage Section have inspected the plans and consider adequate drainage systems can be provided for the scheme. Visual Amenity - The surrounding area is relatively densely developed and predominantly residential in nature, although, as mentioned in the site description, there is a small shopping centre along Hoyland Road. The majority of the dwellings within the area are modest 2 story properties arranged in terraced rows and were constructed at the end of the 19th century and beginning of the 20th century. The proposed townhouses would be broken up into three blocks to avoid a continuous run of development. Accommodation would be set over three floors but the top floor would be in the roofspace, as such, the dwellings would have a similar eaves height and ridge height as the existing properties within the area. The proposed properties take design cues from the existing dwelling in terms of their scale, layout and features such as window style and layout and roof style. As such, the proposal would respect local context, character and development pattern, in accordance with SPD ‘Designing New Housing Development’, UDP policies H8A and H8D and CSP 29 ‘Design’.

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All of the proposed dwellings would be set back from the back edge of the footpath with either small garden/yard areas or parking and landscaping to the front. There would by two gables fronting Watson Street on the side of plots 3 and 10, however, these would not be blank gables as interest would be generated through fenestration and brick detailing. Therefore, despite their prominent corner positions they would not be significantly detrimental to the character of the streetscene. In addition, due to the layout of the area there are a number of similar gables which front the highway. The majority of the parking for the scheme would be located on Watson Street. Due to the age of the surrounding properties there is very little off street parking provided as it was not required at the time, as such, the introduction of the parking area would be slightly different to the existing development pattern. The proposed parking area would be within a prominent location in-between the front elevations of plots 4-9 and the back edge of the footpath serving Watson Street. However, the parking area would be split into 3 blocks, one containing 6 spaces, one with 5 spaces and one with 3 spaces. Landscaping is also proposed around the parking spaces which will aid soften the area and avoid this section of the development appearing hard with the appearance of a car park. It should also be noted that a similar parking arrangement was approved under planning application 2007/1553. That was for 13 spaces in one continuous run with no landscaping, therefore, it could be argued that this proposal would be an improvement in terms of visual amenity. One key issue, in terms of visual amenity, with modern housing developments is that of bins due to the sheer number provided per household. This scheme provides areas outside of the curtilage of the dwellings to store the bins which are not visible from public vantage points. If that proves impractical for residents each dwelling has rear access via a gated pedestrian alley in order to store bins within the rear garden area. As such, the areas to the front of the properties would remain free from clutter and maintain the visual amenity of the area. Highway Safety - The overwhelming concern from local residents and Councilors is that of the parking for the scheme and the affect it would have on the parking for the area. There are two elements to the parking concerns, firstly that the scheme would not provide enough parking for the future residents of the dwellings and secondly the parking which currently takes place on Watson Street by local residents and visitors to the area would be lost and displaced elsewhere. With regards to the parking provision, plot 1 would have 2 off street parking spaces in a tandem layout within the curtilage of the dwelling, whereas, the rest of the plots would have designated spaces in the parking area off Watson Street. There would be a total of 16 spaces for 14 dwellings. It is acknowledged that the proposed dwellings would have 3 bedrooms and in accordance with Supplementary Planning Document ‘Parking’ that should result in a provision of 2 spaces per dwelling. However, the parking provision in the SPD is for a maximum provision not a minimum provision, as such, the proposal is not contrary to parking requirements. The SPD states that ‘developers will be expected to reduce the levels of car parking provided where there are more sustainable transport options’. Hoyland Road serves a number of regular bus services which link directly to Barnsley Transport Interchange and also to the train station at Elsecar. As mentioned above, the site is also adjacent to a principle shopping/commercial centre where a number of goods and services are accessible within walking distance. As such, this location could be considered sustainable and a reduction in the amount of spaces required acceptable.

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If the rooms in the roof space were omitted the scheme would more than meet the guidelines in the SPD as the properties would be two bedroomed, however, it would be unlikely to affect the amount of cars per household as there would likely still be two adult occupants, it would just limit their appeal to professional couples or people with small families rather than the growing family market. In addition, the occupants could convert the lofts of 2 bedroomed properties under permitted development rights to create the third bedroom. Following on from the above point, if the rooms in the roof space were omitted it would be unlikely that the scheme would be viable for the applicant and the site would likely remain undeveloped. Although, not entirely a material planning consideration the merits of the scheme for the area as a whole need to be weighed against any effect on the highway and parking provision. The site is within an area of older style terraced properties which generally do not have off street parking; therefore, the proposal for less parking would not be contrary to the layout of the area. In addition, the proposal would arguably not be significantly different to the previous approval for the site and it could be argued that it would have less impact. That scheme was for 19 residential units (4no. 3 beds and 15no. 2 beds) as well as 4 retail units. 24 parking spaces were approved for the residential units; however, 13 of those would have been adopted by the council for use by local residents and visitors. Therefore, only 11 spaces would have been made available specifically for the 19 residential units. It is acknowledged that those 13 adopted spaces, which would have been in a similar arrangement to the proposed 14 parking spaces subject to this application and reduced the number of on street parking spaces available, were proposed to be used by existing and future residents, however, being located that close to the principle shopping/commercial centre, and not designated, would likely attract the staff and visitors to that centre and be treated as a car park, resulting in the displacement of resident’s cars elsewhere. There were also only 4 spaces allocated to the retail units which would easily be occupied by the staff of the units resulting in any potential customers having to park in the surrounding streets. The units could have generated a significant number of vehicle movements from staff, customers and deliveries/services depending on what business occupied them. In any case, far greater than a residential unit would likely generate. It is noted that a couple of objectors raised pedestrian safety as a concern due to the pavement running between the parking spaces and the highway. However, with the exception 3 spaces there is a second pavement running between the parking spaces and the front elevations of the properties which means pedestrians could avoid areas where vehicular movements would likely take place. In addition there is a pavement the full length of Watson Street on the opposite side to the proposed development. With regards to the second concern with the parking layout, it is acknowledged that local parking difficulties do occur. This is attributed to the grid layout and the Victorian terraces front roads without off street parking. Competition for on street parking is therefore high and the situation is compounded further by the proximity of shops and services which also lack parking, as well as parking restrictions which have recently been introduced in the surrounding area. However, when considering the merits of this application it is important to remember that this is an existing issue. As such, the application could only be resisted if it was considered that this proposal would significantly increase parking problems to the detriment of highway safety. Furthermore, if it was concluded that highway safety would be compromised, an assessment would need to be made as to whether this outweighed the positive aspects of the scheme.

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A development which brings into use a longstanding vacant site in a sustainable location, which is currently overgrown and unsightly, should be encouraged. As outlined above, it is acknowledged that there are existing parking issues within the area, however, a large proportion of these can be attributed to the lack of parking for local businesses resulting in customers and staff parking on residential side streets for convenience. This scheme, which would have a number of positive effects on the area, should not be discouraged in order to reserve on street parking spaces to serve local businesses and services. Some of the local business owners have stated that the scheme would have a detrimental effect on their business as customers would not be able to park. However, the businesses themselves do not provide parking, they rely on spaces being available on the surrounding residential streets, there should not be an onus on the applicant to provide or retain parking spaces to serve local businesses on a residential street. Hoyland Common is a local centre. There are a large number of residents in the surrounding area, including the potential future residents of this scheme, which could walk to these local services and business. It is inevitable that some people from the surrounding area would travel by car and there would be some passing trade, however, if parking is limited in the area then it may encourage more journeys on foot or by public transport which is more sustainable and meets the principles of the SPD and Core Strategy. The residents on Watson Street itself are concerned that, as the proposed parking spaces would be directly accessed off Watson Street, the current on street parking to the South side of Watson Street would be lost. However, there are 8 properties currently fronting Watson Street, one of which has off street parking. 3 on street parking spaces would be retained adjacent to plot 3 on the south side and some parking would still be available on the North side of Watson Street, immediately to the front of the existing properties. Finally, it should be noted that the site was a former school which would have put pressure on the surrounding streets in terms of parking, especially during start and finish times when parents drop off and pick up their children, not to mention the staff working at the school and the deliveries and vehicular movements associated with a school. Conclusion As outlined above residential amenity and visual amenity would be maintained to a reasonable degree, in accordance with SPD ‘Designing New Housing Development, Core Strategy Policy CSP 29 and Saved UDP policies H8A and H8D. The main point of contention is that of parking, however, when considering the merits of this application it is important to remember that this is an existing issue. As such, the application could only be resisted if it was considered that this proposal would significantly increase parking problems to the detriment of highway safety. As illustrated above, the site is within a sustainable location with good transport links and a number of services within walking distance. The site has been vacant and derelict for a number of years and due to its prominent position has a negative effect on visual amenity, as such, the proposal would bring great positive benefits to the area which would outweigh the negatives highlighted.

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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 (No. HR30 - Rev. G) 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 Prior to the commencement of development plans to show the following levels shall be submitted to and approved by the Local Planning Authority; finished floor levels of all buildings and structures; road levels; existing and finished 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 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.

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.

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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.

8 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. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property in accordance with Core Strategy policy CSP 29.

9 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 in accordance with Core Strategy Policy CSP2.

10 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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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 in accordance with Core Strategy policy CSP 26. Development shall not commence until arrangements have been entered into to secure such works to mitigate the effect of the development, and such works shall be completed prior to the development being brought into use. Such works shall comprise of: - - removal or alteration to existing traffic calming features; - any necessary signing and lining; - provision of/any necessary amendments to street lighting; - provision of/any necessary amendments to highway drainage; - any necessary resurfacing/reconstruction 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 interests of highway safety and the free flow of traffic in accordance with Core Strategy policy CSP 26. 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 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.

15 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 CPS 40, Pollution Control and Protection.

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2013/0809 – Erection of 14 No. townhouses (in 3 blocks) with associated parking and landscaping Former Hoyland Common Infants School, Hoyland Road/Watson Street, Hoyland Common

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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2013/0813 Harard Developments (Penistone) Ltd. Residential development of 33 no. 2, 3 and 4-bed dwellings (Outline) (Resubmission of planning application 2012/0801) Land off Sheffield Road, Penistone, Sheffield, S36 6HH

13 letters of objection have been received from local residents 1 letter of support Penistone Town Council object to the proposal Background Outline planning permission was granted in 2008 (2008/0435), and was later renewed by application (2011/0405), on the site of ‘Jackie’s Fancy Dress’ for residential development with an indicative layout showing 9 properties. Whilst the principle of residential development was established on this site, issues such as layout, scale, appearance and landscaping were reserved for further consideration. 2012/0801 – Residential development (outline with matters reserved such as appearance, landscaping, layout and scale. Access was under consideration) – Refused at PRB due to highways concerns as follows:- In the opinion of the Local Planning Authority, based on the information provided, the applicant has failed to demonstrate that the impact of vehicular movements associated with a residential development of the scale proposed would not add to highway safety problems and detrimentally impact on the efficiency of the highway for all road users as a result of potential conflict between traffic associated with the development and traffic generated from adjacent commercial uses or that any such impact can be adequately mitigated. On this basis the scheme is contrary to Core Strategy policy CSP 26. The applicant has now appealed the decision to the Planning Inspectorate, which is currently under consideration. Description The site comprises of currently two separate elements, the site of Jackie’s Fancy Dress and a large area of grass land to the rear of Sheffield Road. Jackie’s Fancy Dress is a single storey building located along the frontage of Sheffield Road and shares the access from Sheffield Road with small business units and a steel works to the north and east. The application site also includes a large area of grass/scrub land which is situated to the rear of terraced properties 25 to 81 on Sheffield Road and adjacent to the River Don. This area of land is situated to the north west of Jackie’s Fancy Dress and gently slopes to the north to the River Don. The terraced dwellings currently use part of grass/scrub land for informal parking accessed via Queens Street, a narrow and steep access point to the rear of these properties on Sheffield Road. It is also understood that the land is informally used for the parking of vehicles to the adjacent cricket pitch.

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Proposed Development The applicant seeks outline permission for a residential development of the site with the access to be considered. The applicant has applied for 33 dwellings, consisting of 2, 3 and 4 bed dwellings and an indicative layout showing how it would be possible for 33 dwellings to be placed on the site. This is the maximum number of dwellings the applicant is looking for the site at this stage as it has also been discussed that a lower number may be considered for the reserved matters dependent on the viability of the site. Layout, appearance, scale and landscaping are reserved for future consideration and as such the accompanying site plan layout is for illustrative purposes only and indicates the potential for 33 dwellings. In terms of site access, it is proposed that this would be achieved from the existing access point at Sheffield Road. This access differs from the previous submission in that it now incorporates a localised widening of Sheffield Road to create sufficient width for two-way traffic even if on street parking occurs in front of the existing properties. This is in response to the objections from Members and to overcome the reason for refusal of the previous application 2012/801. It is also proposed that an 8m buffer zone would be provided to the River Don and environmental improvements made to this area. Affordable housing and public open space contributions would be provided as part of any reserved matters application. The following documents have also been submitted in support of the application: Design and Access Statement, Planning Statement, Transport Statement, Greenspace Statement, Tree Survey, Flood Risk Assessment, Ground Investigation Report, Protected Fauna Survey, Noise Assessment and Affordable Housing Statement. 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 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. The site is allocated as an Employment Proposal site on the saved Unitary Development Plan proposals map.

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National Planning Guidance NPPF – supports the delivery of a wide choice of high quality homes in sustainable locations. In particular paragraph 22 states;- Planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Land allocations should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities. Core Strategy Policies of particular relevance to this application include: CSP10 ‘The Distribution of New Homes’ – states that 1100 new dwellings in Penistone are proposed, representing a 5% representation of the overall 21500 new homes in the borough for the period of 2008/2026. CSP11 ‘Providing Strategic Employment Locations’ – 350 ha of land are to be allocated in sustainable locations to go towards meeting the needs of existing and future industry. This will be monitored in terms of losses of employment land, but also the change in employment and jobs. CSP14 ‘Housing Mix and Efficient Use of Land’ states that proposals will be expected to include a broad mix of house size, type and tenure to help create mixed and sustainable communities. It also states that a minimum development density of 40 dwellings per hectare will be expected. In addition priority shall be given to the development of previously developed land with a target of 55% and 60% of the overall amount of new housing. Lower densities will only be supported where it can be demonstrated that they are necessary for need, viability, or sustainable design reasons. CSP19 states that land last used for employment purposes should be retained for that purpose in order to safeguard existing or potential jobs. The redevelopment of employment land and buildings for non-employment uses will only take place if:

Redevelopment would not result in a loss of existing jobs or employment potential; and

There will still be an adequate supply of employment land in the vicinity. CSP26 ‘New Development and Highway Improvement’ is that new development shall be expected to be design and built to provide safe, secure and convenient access for all road users. Other relevant policies include: CSP2 ‘Sustainable Construction’ CSP4 ‘Flood Risk’ CSP5 ‘Including renewable Energy in Developments’ CSP15 ‘Affordable Housing’ CSP29 ‘Design’ CSP33 ‘Green Infrastructure’ CSP35 ‘Green Space’ CSP36 ‘Biodiversity and Geodiversity’ CSP40 ‘Pollution Control and Protection’

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Saved Unitary Development Plan Polices UDP Policy PE3 – Employment Proposal Supplementary Planning Guidance The following LDF Supplementary Planning Documents have now been adopted which are relevant to the proposal:- ‘Designing New Residential Development’ sets out the standards that will apply to the consideration of planning applications for new housing development. ‘Parking’ states that the parking standards for new housing development shall be 1 space for dwellings under 3 bedrooms in size and 2 spaces for 3 bed dwellings and above. The South Yorkshire Residential Design Guide has been adopted as a best practice guide by the Council and covers issues relating to sustainability, local distinctiveness and quality in design. Consultations Penistone Town Council – object for the following reasons:- This is a major development impacting on the infrastructure capacity. The highway access to Sheffield Road is poor. The local schools are full to capacity. Environment Agency – No objections to previous application subject to imposition of conditions for protection of culvert and details of drainage Yorkshire Water Services Limited – No objections subject to conditions Highways DC – Principle of development acceptable in highway terms subject to conditions Public Rights of Way – No comments have been received, however no PROW runs through the site. Drainage – No objections subject to conditions on protection of culvert and surface water drainage Contaminated Land Officer – No objections subject to conditions Regulatory Services – Previous comments that the noise assessment concludes that acceptable noise levels can be achieved. No objections raised. Affordable Housing Officer – No objections to previous application subject to a condition requiring details of affordable housing to be submitted at reserved matters stage. Forestry Officer – Further details have been provided on the trees to be retained and tree protection measures in response to the Forestry Officer’s request Biodiversity Officer - Has assessed the submitted Ecology Assessment submitted with the previous application which shows the main source of wildlife to be around the watercourses where an 8m buffer zone is proposed. Condition recommended for further assessment when the layout of dwellings is to be determined.

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Barnsley Development Agency – No objections to previous application Representations 13 objections have been received to the proposal from local residents. Issues which have been raised include:-

Loss of parking to the residential properties on Sheffield Road and the cricket club leading to an increase in parking on Sheffield Road which, given that it is already busy and would see an increase in traffic, could result in obstructions for emergency service vehicles. Potentially the cricket club may need to close due to the lack of parking.

The Cricket Club raise concerns that there will be no adequate access to the club and no parking available for the players and visitors.

Parking issues are already a problem within winter months during heavy snow.

Incompatible use with the adjacent industrial uses leading to unacceptable noise levels for residents of the proposed dwellings.

Adverse impact upon highway safety, risk of accidents and fatalities with children walking to grammar school, adjacent nursery and primary school.

Questionable demand for affordable housing as a number of properties have been for sale in the area for over 6 months.

Only Greenspace in the area and is used for walking dogs/children to play on

The land has a private garage on it which has been used in connection with a property on Sheffield Road for the last 35 years.

Flooding issues which would be exacerbated by an increase in surface water

Overdevelopment of Penistone, which is already over-populated with local services such as schools/doctors over-subscribed.

Queen Street should not be used for access or parking.

Impact on mature trees and biodiversity/nature.

HGV’s use the access and the Transport Statement does not give consideration to the type and number of vehicles which access the steel works. There will be insufficient turning circle for HGV’s due to further parked cars on Sheffield Road.

Development would not be in keeping with the scale and mass of the surrounding properties. If approved, properties should not exceed two storeys.

Loss of privacy, loss of view leading to a reduction in house prices.

Application has been submitted during school holidays where a true reflection of traffic cannot be considered.

Land ownership boundary appears incorrect.

Disturbance during construction Assessment Principle of development - The site lies within an Employment Policy Area as allocated in the UDP. Core Strategy Policy CSP19 states that employment land or land last used for employment purposes should be retained in order to safeguard existing or potential jobs. The redevelopment of employment land for non-employment uses will only take place if it would not result in a loss of existing jobs or employment potential and there will still be an adequate supply of employment land in the locality.

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With regards to the application site, the part of the site for Jackie’s Fancy Dress is an employment use, however, this has already gained planning permission for residential development and as such the principle of residential use has already been established. With regards to the larger part of the site, there is no development on this area and as such there is no loss of existing jobs. In terms of potential, the site has a number of constraints which make development for economic purposes very difficult. The site is on a slope and is close to residential properties. Access for industrial traffic is also very difficult which has meant the site has remained un-developed. In addition, proposals have not been put forward previously for an employment use of the site. The Employment Land Review acknowledged the difficulties of developing the site and as such it is not included within employment land allocations in the Development Sites and Places Consultation Draft 2012. Instead it has been replaced with a Greenspace allocation which provides a clear indication that employment use is not considered appropriate at this location. Whilst this document has limited weight due to it being in the consultation process it is still a material consideration. In terms of National Policy, the NPPF states that ‘Planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Land allocations should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities.’ Given the above it is considered that the land cannot support appropriate employment use and as such it is felt that the use of the site for housing is more compatible with the adjacent residential uses. In addition there is no reasonable prospect that the site would be used for employment purposes during the current plan period as highlighted by the employment land review. The issues with regard to a loss of Greenspace will be assessed below. Highway Safety - Access is to be considered at this stage as part of this application. However, this only covers access onto Sheffield Road as the main link to the adopted highway. The consideration of the internal road layout will form part of any reserved matters application if approval is given for the outline application. The site has been the subject of a previous application for the same development which was subsequently refused at Planning Regulatory Board due to concerns over highway safety. The applicant has now sought to address those concerns and has put forward a new scheme, which incorporates a localised widening of Sheffield Road to create sufficient width for two way through traffic even if on street parking occurs in front of the existing properties. It also facilitates convenient vehicular manoeuvring in/out of the new access road, and still makes provision for a 2m wide footway along the site frontage and visibility splays in accordance with current guidance. The existing access is narrow and the proposal seeks to widen this and provide appropriate visibility splays. The applicant owns the adjacent public house adjacent to the access and it is proposed that there will be further improvements to the visibility with the repositioning of a boundary wall, which will open up the access, and lining to help prevent parked cars blocking the access. The access arrangements onto the existing highway network, Sheffield Road, allows for the safe movement of vehicles for both residential traffic and traffic associated with Bird Stainless Steel.

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Concerns have been raised by the adjacent steel works regarding the incompatibility of the proposed use and the HGV’s which currently share the access. The highways section have looked at this aspect and are satisfied that the shared access is acceptable, and represents an improvement of the existing access arrangements for HGV’s. The internal layout, whilst not under consideration at this stage, does provide an indicative layout which shows that an appropriate access can be gained into Bird Stainless Steel’s site allowing them to enter and exit their site in forward gear without having to go through the body of the residential development. Concerns have also been expressed regarding the loss of parking for residents on Sheffield Road and for the cricket club. In both cases this has been on an informal basis and at the goodwill of the applicant but it is recognised that a parking area should be provided within the scheme to address highway safety matters and this can be conditioned to ensure that this aspect of the proposal is included at reserved matters stage. Overall it is therefore considered that the development complies with policy CSP26 in that it will not have an adverse impact upon highway safety and would enable an improved access to the adjacent site for HGV’s. Greenspace - The site has been identified as functioning Greenspace and included on the Council’s Green Space Register. The site is listed on the Green Space Register as GS1747 Queen Street Open Space, Local Neighbourhood Green Space and Natural Area. CSP35 states that we will only allow development proposals that result in the loss of green space where an assessment shows there is a surplus of green space in the area which it serves, or an appropriate replacement green space is provided in the area. In accordance with Policy CSP 35 the developer is required to contribute towards the provision of new, or maintenance of existing, open space and this can also be secured by way of a planning condition. The Greenspace statement submitted with the application states that: ‘The existing site is privately owned land. It was previously designated as an Employment Proposal Site within the Barnsley UDP and has no Open Space designation. The site is steeply sloping, overgrown and un-kept with no formal play equipment and is also privately owned. As such, whilst it is for dog walking and parking, these are informal arrangements. Based on these factors, the site offers little amenity as a functioning green space. Whilst the majority of the site is proposed to be developed with housing, an 8m strip which runs along the top of the bank to the River Don and Cubley Brook will be kept open. It is proposed to enhance this land with further native planting which will increase biodiversity. This open space will provide an attractive circular route along the river banks for local residents and dog walkers. A management strategy will be put in place to maintain the land. The area of Public Open Space proposed equates to 12.5% of the site area. No further Public Open Space is proposed within the site as it would render the site not commercially viable. As such, an additional financial contribution to enhance existing Public Open Space, which is plentiful in the locality, can be secured at the outline stage via a planning condition. With this, and the improvements around the watercourses, it is considered that sufficient mitigation for the loss of green space can be secured. Design and layout - The layout and appearance are not being considered at this stage, however the applicant has applied for 33 units with a mix of 2, 3 and 4 bed properties. An indicative layout plan shows how 33 dwellings in a mix of terrace, detached and semi-detached dwellings can fit comfortably on the site. Given the site’s location bordering onto the settlement boundary it is considered that for some parts of the site a lower density development would be acceptable and would provide a mixed density scheme. The applicant has acknowledged that there are constraints with regards to the culvert and appropriate distances from the River Don. It is considered that a maximum of 33 dwellings could be sited on the site and meet standards set out in the SPD.

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Residential Amenity – Neighbouring residents have raised concerns regarding a loss of privacy to the rear elevations and garden areas of the terraces on Sheffield Road. However it is considered that a development could be designed which could meet all the guidelines and separation distances contained within the SPD, in order to protect the privacy of these dwellings. Whilst it is appreciated that a loss of view and loss in house prices are concerns for neighbouring residents, they are not material planning considerations which can be taken account. Owing to the current designation of the site for employment proposals, it is considered that a residential use of the site is more acceptable and would cause less disturbance to neighbouring dwellings than an employment use. Concerns have been raised by the owners of the adjacent steel works in relation to noise impact from the works to the proposed dwellings. Regulatory Services have been consulted and have stated that the noise report submitted indicates that, subject to mitigation measures, there will not be an unacceptable noise impact on potential future occupiers of the site Affordable Housing – As the development would consist of more than 15 dwellings in accordance with Core Strategy policy CSP 15, the applicant is required to contribute towards the provision of affordable housing (equating to 25% of the dwellings built). A planning condition is therefore recommended to ensure that suitable provision for affordable housing or a contribution can be secured at reserved matters stage. Education – Based on the number of dwellings being a maximum of 33, a possible 7 school places would be required. It is not considered that would have a significant impact upon the capacity of the schools in the area. Sustainability - Promoting sustainable development and reducing the Borough’s impact upon climate change are overarching principles of the Core Strategy. This can be achieved through the efficient use of land and infrastructure by utilising previously developed land and developing to appropriate density targets. The design measures including sustainable construction techniques and the incorporation of renewable energy sources all contribute to meeting climate change objectives and reducing the carbon footprint. With regards to the development achieving the aims of Policy CSP 2 and CSP 5 relating to sustainable construction and renewable energy, as the exact details of the design and appearance of the development are not being considered at this stage, such provision can be secured with planning conditions. Biodiversity – In terms of Biodiversity, the applicant has carried out a Phase 1 habitat and Protected Fauna Survey. This has evaluated the grassland area as being of poor species diversity. The areas around the River Don Corridor are of greatest wildlife interest but it is proposed for this area to be retained and managed as a wildlife area. This will help to protect the wildlife in this area as well as providing the opportunity to allow public access for local residents to appreciate this area. The report recommends that suitably sized areas of native wild flower planting and native species rich hedgerows are incorporated into any forthcoming development, and larger trees protected along the boundary which can be secured through planning landscape conditions. Other recommendations are made such as the use of bird boxes and bat bricks to used within the development. The buffer zone around the River Don and associated environmental improvements sought to this area will be of benefit to the biodiversity of the area in accordance with policy CSP36. As this application is only at outline stage, if permission is granted, a condition is recommended that an updated ecology assessment including all mitigation measures is submitted at reserved matters stage.

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Drainage – The applicant has provided a Flood Risk Assessment as part of the proposals which considers that ‘The majority of the development site is indicated to be within Flood Zone 1 with the northern boundary of the site lying in Flood Zone 2. Hydraulic modelling data provided by the Environment Agency and the agreement of the "No Build Zone" will ensure that the proposed development will be above the 1 in 100 year flood level. The proposed design and layout of the site will not increase run-off or impact on drainage infra-structure of the area. It is considered that the residual risks of flooding to people and property are acceptable and given that in accordance with policy CSP 4 there is a requirement to maintain or reduce existing run-off rates the development will not increase the likelihood of flooding elsewhere. Drainage details should be submitted at reserved matters stage. Concerns have been raised previously by the Environment Agency and the Council’s Drainage section with regard to the location of the culverted water course. A plan has now been submitted to show the location of the culvert and a condition is recommended to be applied to ensure that buildings are not sited within 3m of the watercourse. Conclusion Based on the constraints associated with developing the site for employment use it is considered appropriate to consider other uses for the site. Given its proximity to existing housing and the benefits that the scheme offers in terms of the maintenance and improvement of the River Don corridor, the proposal for residential development is considered acceptable for this location. Highways have re-assessed the further improvements and alterations to the proposed access arrangements and are satisfied that the proposal will not adversely impact on highway safety subject to highway improvement works and the inclusion of parking provision for existing residents and the cricket club. Matters such as design, scale, and layout would need to be considered at reserved matters stage but the principle of the scheme is considered appropriate subject to compliance with the recommended conditions. 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. (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.

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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 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.

5 No development shall take place until: (a) Full foul and surface water drainage details, including a scheme to maintain or reduce existing 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. Reason: To ensure proper drainage of the area in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.


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7 A landscape management plan, including long term design objectives, management

responsibilities and maintenance schedules for all landscape areas, shall be submitted as part of any subsequent Reserved Matters application. The landscape management of the site 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.

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

9 A scheme shall be submitted as part of any subsequent Reserved Matters application for the enhancement of public open space off site in accordance with the Councils greenspace needs assessment carried out on the application and the LDF Supplementary Planning Document 'Open Space Provision on New Housing Developments'. The development shall proceed in accordance with the approved scheme and timescales. Reason: In the interests of residential amenity to ensure adequate provision of public open space to meet local needs in accordance with LDF Supplementary Planning Document 'Open Space Provision on New Housing Developments'

10 A scheme for the provision of affordable housing as part of the development shall be submitted as part of any subsequent Reserved Matters application. The affordable housing shall be provided in accordance with the approved scheme.. The scheme shall include: i. The numbers, type, tenure and location on the site of the affordable housing provision to be made ii. The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iii. The arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing] (if no RSL involved) ; iv. The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and v. The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced. Reason: To meet identified housing need and in order to comply with Core Strategy policy CSP15 'Affordable Housing'

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11 No development works shall begin until a report, endorsed by a competent engineer

experienced in ground contamination and remediation, has been submitted and agreed with the Local Planning Authority. The report shall, amongst other matters, include the following:- 1. A survey of the extent, scale and nature of contamination. 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". Reason: To protect the environment and ensure the site is suitable for the proposed use.

12 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 (3 currently, 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 submitted to the Local Planning Authority certifying that the relevant Code Level has been achieved Reason: In the interest of sustainable development in accordance with Core Strategy Policy CSP2

13 Pedestrian intervisibility splays, having the dimensions 2m x 2m, shall be safeguarded at the access onto Sheffield Road such that there is no obstruction to visibility at a height exceeding 1m above the nearside channel level of the adjacent highway. Reason in the interest of road safety.

14 Visibility splays, having the dimensions 2.4m x 46m, shall be safeguarded at the junction of the access road with Sheffield Road, such that there is no obstruction to visibility and forming part of the adopted highway. Reason: in the interest of road safety.

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15 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: a) provision of 2 m wide footway along the entire site frontage including the PH; b) measures to control/restrict parking on Sheffield Road; c) provision /relocation of street lighting as necessary; d) provision/relocation of highway drainage as necessary; e) resurfacing/reconstruction of footway/carriageway as necessary. f) any necessary signing/lining; g) all redundant vehicular footway crossings to be reinstated as kerb and footway. 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 interests of highway safety and the free flow of traffic in accordance with Core Strategy policy CSP 26.

16 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 road safety

17 Vehicular and pedestrian gradients within the site shall not exceed 1:12 to ensure safe and adequate access. Reason: In the interests of road safety.

18 In accordance with the submitted Design and Access Statement, provision shall be made for a parking area within the site that can be utilised by non-occupiers of the proposed development. Details of the layout, number of spaces, and management of this parking shall be submitted with any subsequent Reserved Matters application. The scheme shall then proceed in accordance with the approved details. Reason: In the interests of road safety in accordance with CSP 26.

19 An updated Habitat and Protected Fauna Survey, including details of any mitigation measures, shall be submitted with any subsequent Reserved Matters application. The scheme shall then proceed in accordance with the approved details. Reason: In the interests of biodiversity in accordance with Core Strategy CSP36.

20 An 8 metre no-build zone shall be maintained adjacent to the northern boundary with the River Don and the eastern boundary with Cubley Brook as stated in Section 5 of the submitted Design and Access Statement. Reason: In the interests of protection of the watercourse in accordance with Policy CSP4.

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2013/0813 – Residential development of 33 No. 2, 3 and 4-bed dwellings (outline) (Resubmission of planning application 2012/0801) Land off Sheffield Road, Penistone, Sheffield


Cricket Ground

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200.9m

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2013/0710 Aldi Stores Ltd Erection of foodstore with associated car parking and landscaping. Land off Barnsley Road, Cudworth, Barnsley

76 letters of support received 3 letters of objection received Site Location and Description The site forms a derelict piece of land some 1.27 acres (0.51 Ha) in size, located in the centre of Cudworth on the northern side of Barnsley Road. The site is redundant and occupied by scrubland and hard standing. To the north of the site lies Rose Tree Court which forms party of an established housing estate of post war bungalows predominately in semi-detached form. The properties are managed by a housing association and are mainly occupied by elderly people. Several of these dwellings have a south facing rear elevation which backs on to the northern boundary of the site, with the bungalows actually at a lower level relative to the site. The northern boundary between the site and bungalows has a 2 metre high close boarded fence, with some trees also present which are the subject of a Tree Preservation Order. To the east of the site is a 1980s retail unit, presently occupied by “Fulton Foods”. The unit is small in size with limited car parking, has a flat roof and is made of brown brick. Beyond this further east is a small garage, two further retail units and a public house. To the west of the site is the Methodist Church, a row of residential properties converted for retail purposes, and set back from the Methodist Church is “The Cudworth Health Centre” operated by the NHS. Barnsley Road forms the main arterial route through the centre of the village and is subject to a 30 mph speed limit. Along this road are a number of residential and retail properties. Cudworth`s Principle centre comprises a variety of uses. At present, convenience provision is met by the Co – op, alongside two newsagents, two bakers, greengrocers, an off license and a frozen food shop. The centre also has 19 general retail shops which vary from furniture sales to fireplaces. The service side is also well catered for with a restaurant, hairdressers, fast food takeaways, dry cleaners etc. Overall Cudworth has a healthy and vibrant centre, with low vacancy rates. Background The site has been vacant since around 1990 – however a number of planning applications have been submitted. In 1989 permission ref 89/0565 was given for a care home in outline form however the follow up reserved matters application was subsequently refused in 1991. In 1994 following the expiry of the approval a second outline application ref 94/0351 was submitted for “residential/ nursing home development” and granted, this application expired in 1999. In the year 2000, two applications were submitted by Lidl for a class A1 food store (outline) ref 00/989/CU and for a car park for use in conjunction with foodstore application ref 00/1103. Both applications were withdrawn and a revised single scheme submitted ref 00/1503.

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This application proposed a food store to the north – eastern corner of the site, with a gross floor space of 1,073 sq metres, alongside 86 car parking spaces. The application was refused in April 2001 with 3 reasons sited:

1. These being poor design which failed to reflect the surroundings and enhance local character,

2. Insufficient information on impact on scheme on residential amenity and highway safety and

3. Impact of parking area on mature trees to the north and west boundaries, which may result in pressure to fell or significantly prune the trees.

In 2003 an application was submitted ref 03/1699 for a food store and was withdrawn from consideration with the intention to find further information out about the trees. Proposed Development Permission is sought for a food store to be operated by Aldi and sited in the north west of the site. The eastern section of the site shall be used for parking and manoeuvring, with the service point to the rear eastern side of the building. In terms of format, the proposal will have a gross floor space of 1,408sqm, and net trading area of 990sqm. The trading floor space within every Aldi store is at around 1,000sqm. This is to enable the range of identical products sold within each Aldi store to be arranged and displayed on a

consistent basis. Vehicular access to the site will be from a new access point onto Barnsley Road and is designed to facilitate movement within the site and onto the existing highway network. Once in the car park, customers will be able to access the store car park via an internal road system. A total of 77 car parking spaces will be provided for the food store adjacent to the store. This will

include 5 disabled spaces, 7 parent / toddler spaces and 4 staff parking spaces. In terms of materials, the main elevations incorporate a buff brick frontage to complement the local context. The shop entrance will be located on the eastern elevation of the building, facing into the designated car park. The use of glazing to the stores fascia’s will offer views into the food store sales area for passers along Barnsley Road, adding interest to the current street scene. The proposed store will create up to 30 local full and part time jobs. It is also anticipated that up to 200 job opportunities will be created at the construction phase. In support of the application the applicants have provided a transport assessment, travel plan, arboricultural survey and a noise assessment. 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.

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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 The site is allocated as a Principal Shopping/ Commercial Centre (Policy NE16) within Cudworth District Centre. The following policies of the UDP are relevant:

Policy S1 ‘Shopping/ Commercial Centres’

Policy S2 ‘Shopping/ Commercial Centres’

Policy BE5 ‘Improving Existing Areas of Poorer Quality Built Environment’

Policy NE16 ‘Principal Shopping/ Commercial Centres’ Barnsley Core Strategy The following polices are considered of relevance to the proposed scheme:

Policy CSP 1 ‘Climate Change’

Policy CSP 2 ‘Sustainable Construction’;

Policy CSP 3 ‘Sustainable Drainage Systems (SUDS)’;

Policy CSP 5 ‘Including Renewable Energy in Developments’;

Policy CSP 7 ‘City Regions’;

Policy CSP 8 ‘The Location of Growth’;

Policy CSP 25 ‘New Development and Sustainable Travel’;

Policy CSP 26 ‘New Development and Highway Improvement’;

Policy CSP 27 ‘Parking Strategy’;

Policy CSP 29 ‘Design’;

Policy CSP 31 ‘Town Centres’; and

Policy CSP 40 ‘Pollution Control and Protection’. National Planning Policy Framework In terms of retail development, the NPPF seeks direct main town centre uses to existing centres, and advises local planning authorities to pursue policies to support their viability and vitality. A key objective of the NPPF is to promote competitive town centres that provide customer choice and a diverse retail offer and which reflect the individuality of town centres.

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The NPPF also sets a list of criteria that an application must address. The following are considered relevant to the determination of this application: Section 1: ‘Building a Strong, Competitive Economy’

Section 2: ‘Ensuring the Vitality of Town Centres’

Section 4: ‘Promoting Sustainable Transport’ Section 7: ‘Requiring Good Design’

Section 10: ‘Meeting the Challenge of Climate Change, flooding and Coastal Change’

Section 11: ‘Conserving and Enhancing the Natural Environment’ Paragraph 23-27 of the NPPF set out the criteria for assessing retail planning applications. Consultations Yorkshire Water Services Limited – No objections Highways DC – No objections Design – No objections Policy – No objections South Yorkshire Mining Advisory Service – No objections Coal Authority – No objections Contaminated Land Officer – No objections Regulatory Services - No objections Forestry Officer – No objections Ward Councillors – No comments received Barnsley Development Agency – No comments received Drainage – No objections Representations 79 letters have been received in total with 76 in support and 3 in objection. The comments in support refer to the creation of jobs, greater competition, and better consumer experience. The concerns raised by objectors are as follows:-

Design out of character with area where stone is the prevalent material

No provision to restrict access to car par when store is closed – danger of anti-social behaviour.

Loss of trade for local business such as green grocers and butchers which may result in an increase in unemployment.

Increased congestion, HGV movements at peak times will cause highway issues.

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Increase in noise and disturbance on residents both from car park and delivery area to the rear.

Assessment Material Consideration Principle of development Design and layout Residential Amenity Landscaping Sustainability Trade impact Accessibility/Highway Safety Principle of development - The site is brownfield located within the Commercial Centre of Cudworth. Paragraph 24 of the NPPF requires the application of the sequential test for main town centre uses not within a centre. In this case, the site is in a sequentially preferable location and is entirely compliant with National and Local planning policy. As such the proposal is considered acceptable in principle subject to being of suitable design, and not adversely impacting on residential amenity or highway safety. Design and layout - The proposal involves redevelopment of an area of vacant scrubland and hard standing within the centre of Cudworth. At present the site is under-utilized in terms of built development when viewed from Barnsley Road, and also suffers from a generally poor quality environment with much of the land over grown and in need of maintenance. It is considered that development of the site will improve it as a whole in terms of tidying up existing scrub, removing litter and giving the site a fundamental purpose. The proposed site layout is informed by the design parameters on the site including the position of the existing landscape features, adjacent properties and by the way in which the public can approach the site on foot, by bicycle and by car and for ease of servicing for Aldi's operational needs and format. The store itself has been located on the western section of the site. The building has been orientated on the site to allow levels across the car park to gently slope up a maximum of 1:40 towards the main entrance also permitting this gentle grading and allow access/fire escape to the warehouse and staff areas for personnel only. The main glazed elevation of the building is visible from Barnsley Road to allow the creation of an active street frontage. The car parking is situated in the front and side of the store making it visible from Barnsley Rood and the main approach rood to the site. The positioning of the building also allows ample space for parking to the south and east of the site which can be accessed immediately off the site entrance. The use of site levels and the existing landscaping helps to screen the building from the Methodist Church to the front of the site and residential buildings to the rear of the site. The warehousing element of the scheme has been located to the rear of the food retail element to maximise active shop front to Barnsley Rood creating a more open and inviting development. Servicing will be located north of the site to maintain visual amenity of the area, away from the main store entrance and thus away from customers.

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The landscaped boarders will be retained wherever possible around the perimeter and pruned to maintain a good level of greenery on the site with the existing TPO trees being protected to the northern boundary. The primary aspect facing Barnsley Rood is proposed to be opened up with the introduction of a stone boundary wall and landscaping. Overall I consider the design well thought out with the building itself a compact unit with a flat roof design making use of the site gradients and reflecting the variety of scale of buildings in the near vicinity. As such I consider the proposal complies with the design principles set out in the NPPF and the Councils Core strategy policy CSP29. Residential Amenity - Following pre application discussions, the northern boundary of the site was re-designed to comply with the Councils Supplementary Planning document “Residential Amenity and the Siting of Buildings. The store has been pulled as far away as physically possible from the boundary with the neighboring properties. No windows are proposed on the rear facing elevation of the store, with the focus of activity facing the other way to the Barnsley Road frontage, as such no overlooking is considered to occur. The Councils SPD “Residential Amenity and the Siting of Buildings” requires suitable daylight to a dwelling is achieved – and states that a distance of 25 metres should be achieved or where it can be shown that an unobstructed vertical angle of 25 degrees can be drawn from the center point of the lowest window. The bulk of the store generally lies between 9 and 10 metres from the rear elevation of the bungalows and will be at a higher level in relation, and the loading bay would be 7.5 metres from the bungalows. The proposal is therefore below the 25m distance quoted in the SPD. However, the design and access statement submitted does demonstrate that a 25 degree angle is achieved to the bungalows lowest windows and whilst the proposed store is closer than ideal to the residential dwellings, they’re outlook is already somewhat impacted upon by the 2 metre high fence and trees which border the boundary. Whilst there would be some limited overshadowing it is considered that this would not have a significantly detrimental impact on the neighbouring properties. The nearest point of the proposed store to residents to the rear is the delivery yard, this HGV dock dips down into the site to enable HGVs to dock directly onto the warehouse and incorporates a noise reduction canopy. This will minimize noise and disturbance as all loading and unloading activity will be internal. Aldi are happy for a condition to be imposed restricting deliveries within a set time period and given the delivery area is nearest to resident’s I am of the view that this time period should be between 8am to 8pm Monday to Saturday and 9am to 4pm on Sundays and Bank Holidays to protect amenity and reduce disturbance, rather than the 7am to 10pm suggested. The planning and retail statement outlines that goods are prepared, packaged and palleted at the distribution depot ready for delivery straight to the shop floor. This reduces the number of vehicular movements required for deliveries with a store only ever requiring at most two deliveries per day with the exception of bread and milk, although these products are generally sourced locally. The plant for the building will be located on the western side of the site away from residential properties to reduce any noise impact. Where the car parking area abuts residential properties, these spaces will be allocated for staff parking to reduce the number of movements.

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Landscaping - The proposal retains the existing belt of trees to the northern boundary which are protected under a Tree Preservation Order, and provides additional landscaping which will enhance the existing trees and also soften the development as a whole. This includes planting to the boundaries and mainly to the frontage with both trees and ornamental shrubs. A strong palette of medium to large shrubs is proposed down the western boundary of the site to help bolster the existing buffer between the church and the site. Sustainability - From the Councils own Retail Study it is evident that the majority of main food shopping trips from within this area are undertaken at the ASDA store on Old Mill Lane, a considerable distance from Cudworth. It is as such considered that existing shopping patterns are unsustainable. The proposal will therefore represent the positive redistribution of trade back to a town centre in accordance with National and Local Government Policy. Trade Impact - The location of the site benefits from a central position with excellent transport links and the proposal is considered to represent significant investment and regeneration in to the centre of Cudworth. Concerns have been expressed that the proposal will result in a loss of other local convenience stores, a retail assessment has however been conducted. Based on existing population and expenditure, it is estimated that there is approximately £14.4 million of convenience goods expenditure available in Cudworth alone. The Aldi put forward would turnover approximately £6 million leaving sufficient expenditure to support other facilities. In addition to these figures, Aldi stores predominately sell own branded goods and with a number of specialist products which allows them to offer good value for money. As such generally customers will shop elsewhere in combination with an Aldi store. Given this I am satisfied that the store will bring welcome trade to the center of Cudworth and will enhance its service provision and complement existing traders through linked shopping trips. Accessibility/Highway Safety - The NPPF and local policy aims to support development which is accessible, and results in a reduction in journey lengths. The location is highly accessible with 33% of the population living within 0-5 minutes from the centre of Cudworth. The site is readily accessible by public transport with a bus stop within 50 metres of the site. Additionally a number of pedestrian routes run past the site. The site is located in the centre of Cudworth, which has seen a reduction in congestion and traffic movements since the opening of the by-pass. It is convenient for shoppers to visit the existing shops and the proposed new store. It is also close to residential areas and bus stops, so walking/cycling and public transport can be provided as an alternative to the car. The relationship with existing businesses is also assisted, as it is stated that the proposed car park will not be restricted, so joint trips will be feasible. Within the site, the layout allows for convenient vehicular manoeuvring and clear pedestrian links. The staff spaces have been conveniently allocated near the service area, to minimise the number of vehicular movements when deliveries take place. The Transport Assessment demonstrates that the proposed development can be accommodated on the highway network. The proposed access would result in vehicles having to enter the hatched area of an existing right turn lane, and some may even enter the existing right turn lane in direct conflict with other vehicles. It is considered that some mitigation measures are required to address this conflict between vehicles, and provide a safe pedestrian crossing point. It is acknowledged that full DMRB standards (Design Manual for Road and Bridges) cannot be achieved in this instance, but with a localised widening on the site frontage, a compromise can be produced which overcomes these concerns. A localised widening would facilitate the provision of a 2.5m wide right turn feature into the site, to match the existing facility on-site with a pedestrian island at the tangent point of the access to assist pedestrians crossing Barnsley Road.

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Overall highways raise no objection to the scheme and it is considered that no significant detriment will occur from the store on the highway network. As such the proposal is considered in accordance with the NPPF and policies CSP25 and 26 of the Core Strategy. Conclusion The proposal makes use of a town centre brownfield site within the main shopping area. As a result the untidy scrubland will be tidied up and the investment in the centre of Cudworth will result in the creation of 30 full and part time jobs locally as well as providing better and more sustainable service for the local community. The impact on trade is not considered to be negative with sufficient expenditure in the locality to support the other services already present. The site is widely accessible and raises no concerns from a highway safety or accessibility perspective and is backed up by a travel plan. A robust landscaping scheme is provided to enhance existing vegetation and soften the built development. Whilst the proposal is sited close to residents to the north which are situated at a lower level, every effort has been made to mitigate any overshadowing impact. The present boundary treatment affords residents privacy protection but in some way already results in an overshadowing impact, and whilst sited at close proximity, I am of the view that any impact will be of a limited nature and additional protection is afforded with the limitation of delivery times to the rear of the building. The NPPF states that where there is no significant detrimental impact is identified planning applications should be assessed on a balance of the positive and negative factors created by a scheme, as well as any other relevant criteria. The proposal has been widely supported with 76 letters of support received and given the benefits from job creation, site improvements and inward investment. I am of the view that the positives of this scheme far outweigh any adverse impact on residential amenity that may arise through noise, disturbance and the close proximity. As such approval is recommended. 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 0738-101, 0738-102, 0738-103, 0738-104, 0738-105, V0738 L01) 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.

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3 Development shall not commence until arrangements have been entered into to

secure such works to mitigate the effect of the development, and such works shall be completed prior to the development being brought into use. Such works shall comprise of:- a) localised widening to create a right turning "pocket"; b) provision of pedestrian island; c) any necessary signing/lining; d) any necessary changes to/provision of highway drainage; e) any necessary changes to/provision of street lighting; f) resurfacing/reconstruction of carriageway/footways as necessary. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

4 Visibility splays, having the dimensions 2.4m x 45m, shall be safeguarded at the junction with Barnsley Road, such that there is no obstruction to visibility and forming part of the adopted highway. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.


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 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, in the interests of road safety. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

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7 The Travel Plan shall be implemented and monitored in accordance with the

submitted details. Within 6 months of opening of the development, a detailed Travel Plan shall be submitted to the Local Planning Authority, and once approved shall be fully implemented, in the interests of sustainable development. Reason: To promote sustainable methods of transport in accordance with policy CSP25 of the Core Strategy.

8 Details of the car park management shall be submitted to and approved by the Local Planning Authority prior to the use of the store, and then implemented at all times, to ensure a shared town centre use. Reason: To promote sustainable methods of transport in accordance with policy CSP25 of the Core Strategy.

9 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.

10 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.

11 Deliveries shall be only take place between the hours of 0800 & 2000 Monday to Saturday and 0900 & 1600 on Sundays and Bank Holidays. Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40.

12 The use hereby permitted shall be carried on only between the hours of 0800 to 2200 Mondays to Saturday and 1000 to 1600 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.

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.

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14 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.

15 No development or other operations being undertaken on site shall take place until the following documents in accordance with BS 5837:2012 Trees in relation to design, demolition and construction - Recommendations have been submitted to and approved in writing by the Local Planning Authority: Tree protection plan Arboricultural method statement - including specification for proposed tree works 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.

16 The erection of barrier's for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced off in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority. Reason: To safeguard existing trees, in the interest of visual amenity.

17 Prior to the commencement of development an intrusive borehole site investigation must be undertaken to investigate ground conditions and the possible presence of mining legacy risks. The site investigation and subsequent should be undertaken in compliance with CIRIA publication 32 "Construction over abandoned mine workings" and submitted to the Local Planning Authority. Reason: To ensure appropriate construction and in the interests of health and safety, NPPF section 120 and 121 Land Stability.

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2013/0710 – Erection of foodstore with associated car parking and landscaping Land off Barnsley Road, Cudworth, Barnsley


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2013/0811 Mr Richard Waterhouse Proposed alteration and extension of existing primary school to form 8 new classrooms, hall, office, meeting room, playground and landscaping works. Worsbrough Common CP School, Bruce Avenue, Barnsley, S70 4EB

No objections have been received.

Site Location and Description Worsbrough Primary School is located to the south of Bruce Avenue. It is a typical primary school of the circa 1970’s period, with the exception of a recent two storey extension the site comprises of a series of single storey flat roofed buildings constructed from red brick with white timber fascia and UPVC windows. The site is also well served by playing fields and equipped play areas. Separate from the school buildings is a former inclusion block which provided further accommodation, this is currently in the process of being demolished. The development area is to the north-west of the existing school and would occupy the site of an existing car park and play area. The area is bordered by a playing field, beyond which is a wooded embankment which adjoins the rear boundaries of properties on Bruce Avenue. Levels fall across the site towards the school. The sites perimeter is secured by a 2.0m high fence with both pedestrian and vehicular access being taken from Bruce Avenue. The access road is controlled by a barrier, and parallel to the highway is a pedestrian walkway which is separated from the road by a barrier. There are currently 48 (formal marked out) parking spaces within the site and a further 10 spaces can be utilised from existing hard surface areas within the site. Proposed Development The application has been submitted for full planning permission for extensions at the primary school to provide an additional 8 classrooms, hall, office, meeting room, playground and landscaping works. The works are required to address a shortage of capacity for primary places within the Worsbrough (Central Area) ward. The works would accommodate an additional 30 pupil intake at the start of the 2014-15 academic year to help alleviate short-term pressure on school places. The accommodation would essentially be provided within 2 interlinked blocks located on the north-western elevation of the building. This would be split level to address gradients across the site, this would result in a single and two storey element to the design. The footprint of the extension would measure approximately 54m x 24m, the principle facing materials would be timber and render. The open area to the perimeter of the extension would serve as a play area which would be hard & soft landscaped accordingly. Incorporated within the scheme would be a designated parent/child drop of area which comprises of a one way system which incorporates 8 vehicular spaces. This would allow vehicles to circulate in an orderly manner within the site. Taken with the demolition of the former inclusion block a total of 60 designated parking spaces would be accommodated within the site. An additional 16 persons would be employed at the site including teaching and support staff.

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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. 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’ states that new development will be expected to be designed and built to provide safe, secure and convenient access for all road users. 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. CSP 43 ‘Educational Facilities and Community Uses’ – We will support the provision of schools, educational facilities and other community facilities. Saved UDP Policies Policy H8B – Non-residential uses in Residential Areas – aims to ensure the amenities of the surrounding area are maintained. SPDs/SPGs SPD ‘Parking’ – sets out the parking requirements for all types of development. 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’s 17 Design para’s 58 – 65

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Consultations

BMBC Drainage – No objections Highways DC – No objections Regulatory Services - No objections Yorkshire Water – No objections Representations The application has been advertised by way of a site and press notice, in addition properties which border the site have also been consulted in writing. No representations have been received. Assessment Principle of development - Investment within education is a priority of the Core Strategy, there is an emphasis placed upon the need to raise attainment to support the development of the local economy. The provision of good schools is fundamental to achieving this. There is a strategic need to plan proactively for the future demand placed upon the education infrastructure. The extension and adaption of existing schools provides a cost effective way of adapting to future demands. Worsbrough Common was rated as ‘Outstanding’ at the last Ofsted inspection and in recognition of this it was awarded teaching school status meaning that it would play a leading role in the training and professional development of teachers, support staff and head teachers, as well as contributing to the raising of standards through school-to-school support. The additional accommodation proposed by the application will allow the school to continue to achieve these high standards. The principle of the application is therefore one which is supported by the thrust of policy objectives raised within the Core Strategy. This however, is subject to sufficient consideration being given to visual and residential amenity and suitable accesses and parking arrangements being achieved. Visual Amenity - The site is screened from public vantage points by properties located outside of the sites boundaries to all elevations. The former inclusion block adjacent to the sites entrance will be demolished. This provided approximately 1053m² of floor space within a split level building, its removal would therefore improve the overall openness of the site. The extension would create an additional 1631m² of accommodation, the addition of the 8 classrooms and new hall would nearly double the size of the existing school. The extension would project off the north western elevation and would have an alignment that would follow the NW/SE axis that the existing school is orientated along. The majority of the extension would be accommodated on a secondary car park/playground which would allow the retention of the soft landscaping to the surroundings of the building. The position within the site means that the school maintains a central location within the wider grounds, this reduces overall impact. The addition of the two storey element sits comfortably within the context of the site and the relationship to the existing school. The split level nature allows the building to taper out into the grounds.

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The design of the extension reflects the existing building in terms of the brick work on the ground floor, roofing materials and the alignment and proportions of windows/openings. A more contemporary/modern appearance would however, be added through the addition cream render, horizontal timber boarding and aluminium windows to the elevations. The proposed high level of glazing will help to maximise natural light to internal spaces providing a comfortable teaching environment. It is considered that the extension would provide a welcome addition to the site. It will uplift the appearance of the existing school building and create a modern teaching environment. As such, it would not be out of character with the building and the works are considered to meet the design requirements expected by policy CSP29. Residential Amenity - Clearly the school is an established use with the residential environment. Residential properties are sited outside of the sites boundaries with the nearest being those located on Bruce Avenue approximately 120m away. The existing inclusion block sits almost directly on the boundary with several of these properties. Its recent demolition would have a positive influence upon the outlook of these properties by virtue of the increase in openness that has occurred. With regards to the design and the influence that the proposal may have upon residents, the size and location of the extensions is such that no overshadowing would occur. Likewise the intervening distance to residential boundaries taken with the landscaping would ensure that no overlooking would occur to the properties. The extensions would facilitate a significant increase to the schools capacity and this would inevitably increase activity at the site. This would not be to an extent that it would cause a significant disturbance to residents, anecdotal comparisons can be made to existing schools of similar capacity and consultations with Regulatory Services have raised no objections. Highway Safety - The increase in capacity to the school is likely to result in an increase in traffic movements to the site. Access to the site centres upon Bruce Avenue, there is potential for a displacement of vehicles to occur to the public highway during the schools busy start and finishing times. There is a travel plan in place at the school which encourages both staff and children to visit the premises by sustainable means. Notwithstanding its successes it is inevitable that a portion of the pupils are likely to be picked up/dropped off by their parents in their cars. To address potential parking issues a designated drop off area is proposed within the site. This would operate on a one way basis along the approach to the main school entrance. A total of 12 short stay parking bays would be created off the main access with an additional 7 longer stay spaces situated on the approach to the 60 space staff car park. Pedestrian access would remain unaltered although a guard rail would be extended in the interests of children’s safety. Appropriate signage would be erected to ensure that the parking arrangements are not abused and operated as intended. It is of note that the school has never had such an arrangement in place with the entrance being barrier controlled. This should therefore help to alleviate parking within the public highway by not allowing it to absorb the extra capacity associated with the school. Conclusion The design and scale of the extension would sit comfortably in the context of the site and also complement the appearance of the existing school premises. The extension will provide a cost effective means of increasing primary places within a recognised area of need. Its addition will help control class sizes and allow the school to build upon its recent success of delivering an outstanding curriculum.

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Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 3 years


2 The development hereby approved shall be carried out strictly in accordance with the amended plans (Nos.07-14-1059 020 Rev A, 101 Rev A, 014 Rev B) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with Core Strategy Policy CSP 29, Design.



5 Vechicular and pedestrian gradients within the site shall not exceed 1 in 12. Reason: To ensure safe and adequate access in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement.

6 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:- a) The parking of vehicles of site operatives and visitors; b) Loading and unloading of plant and materials; c) Storing of plant and materials used in constructing the development; d) Measures to prevent mud/debris from being deposited on the public highway; e) Means of access for construction traffic; f) Hours of delivery. Reason: In the interests of road safety in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement.

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7 Prior to any works commencing on-site, a condition survey (including structural

integrity) of the highways to be used by the 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 developers' expense in accordance with a scheme to be agreed in writing with the Local Planning Authority. Reason: In the interests of road safety in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement.

8 Development shall not be brought into use until details of signage and traffic management within the site, have been submitted to and approved by the Local Planning Authority, and once approved shall be fully implemented and retained at all times. Reason: In the interests of road safety in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement.

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2013/0811 – Proposed alteration and extension of existing primary school to form 8 new classrooms, hall, office, meeting room, playground and landscaping works Worsbrough Common CP School, Bruce Avenue, Barnsley


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2013/0645 Mrs Susan Wright Residential development - erection of 3 no. detached dwellings with garages and access improvements. The Old Quarry, Common Road, Brierley, Barnsley, S72 9ED

2 Letters of objection have been received from local residents Brierley Town Council has objected to the scheme

Site Description

The site is located on the Northern side of Common Road in Brierley. Common Road is the main road through Brierley, linking Brierley to neighbouring villages. The site in question is a disused and overgrown quarry at the eastern margin of the Brierley Conservation Area, which provided much of the original building stone in the village. Brierley village and its historic core exhibits a range of architectural styles and ages from stone farmhouses and farm buildings typical of the upland vernacular found elsewhere in the Borough, through pre-war semi and detached dwellings, to a modern estate development. The prevalent traditional elements of the Conservation Area still lend significant character to the Conservation Area. These include Brierley Hall, Grange farm, Hall Farm, and Lilac Farm, as well as buildings at the eastern end of Common Road. These traditional elements invariably include buildings with relatively simple forms, some terraced rows, not exceeding 2 stores in height. The site itself has a total area of 0.26Ha. It has an existing access to Common Road. The site is the extent of a former Quarry used to extract local stone but has been redundant for many years. The site is roughly rectangular with a frontage to Common Road of 64 metres and a depth of 40 metres. There is a difference in level between the road at the land at the rear of approximately 4.5m to the lowest point. At the rear of the site the quarry wall is approximately 10 metres high. Site History The site has been the subject of previous planning applications for an alternative form of development involving the erection of 6 dwellings along the site frontage. These include • 2010/1097 submitted 07/09/2010 – withdrawn • 2011/0337 submitted 22/03/2011 – Refused and dismissed at appeal. The reasons for the refusal and subsequent dismissal related to the design of the dwellings and loss of trees being detrimental to the character of the area, and the dwellings providing limited amenity space for future occupants. • 2012/0472 submitted 13/06/2012 – withdrawn The current application relates to the same site as the most recent application Ref: 2012/0472.

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Proposed Development

It is proposed to construct three detached dwellings, a single small dwelling, Unit 1 at the site frontage and two larger dwelling, Units 2 and 3 with attached garages within the centre of the site. The proposed dwellings have the following floor areas:

Unit 1 – 3 Bed Dwelling 87m²



Unit 1 has been located at the site frontage with its floor level similar to the existing footpath level. It maintains the alignment of existing dwellings adjacent and its floor level, eaves and ridge height are all significantly less than the adjacent dwelling, No 3 Royd View Cottages. Unit 1 has two parking spaces located to the rear with a private garden area in between the parking and the house. Units 2 and 3 are located centrally with double garages and private parking and gardens. Access to all three units would be gained from Common Road via a single access point.

Roofs will be clad in artificial stone slates with matching ridges and flush pointed verges. External walls are to be constructed in natural regularly coursed stone flush pointed in grit sand lime based mortar and ‘bagged off’. Lintels and cills to door and window openings will be of a simple squared design in natural stone or an approved artificial stone. Residential development - erection of 3 no. detached dwellings with garages and access improvements. In support of the application a tree and bat survey has submitted. 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 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 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.

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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 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.

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In respect of this application, relevant policies include: General principles para 17 Design para 58 – 65 Consultations Brierley Town Council – Object due to concerns over access and egress from site and the impact on wildlife. South Yorkshire Archaeology Service – No comments received Yorkshire Water Services Limited – No objections Highways DC – No objections Forestry Officer – No objections Trevor Mayne – No comments received Ward Councillors – No objections Conservation – No objections Drainage – No comments received Representations 2 letters of objections have been received giving the following reasons:-

Land is Green Space

Development will impact on privacy

Loss of wildlife

Noise and disturbance

Lack of parking

Narrow nature of road Assessment Material Consideration Principle of development Design layout and trees Bats Residential Amenity Visual Amenity Highway Safety Principle of development - The site lies within a larger piece of land designated as Green Space in the UDP and Core Strategy. 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.

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The site in question is a private area of land with no public access or recreational facilities on it..

The site is concealed from view by a 1.5m high wall along the frontage boundary and the ground levels slope away from the road towards the face of the quarry at the rear (north of the site). This has made it susceptible to criminal behaviour including prolonged fly tipping of vehicle tyres, building materials and domestic and garden waste. It has been the subject of arson attacks requiring the fire service to visit on numerous occasions and anti-social behaviour. The owners have made various attempts to secure the site by erecting security fencing across the access but this had had little effect in preventing unauthorised access. Given the above, the site therefore has little benefit to the wider area in terms of its functioning as a Green Space. However, In order to compensate for its loss, the applicant has put forward a compensatory payment of £10,000 for the upkeep and benefit of the Green Spaces in the area. It is considered that the benefits to the appearance of the site from the proposal and to surrounding existing Green Spaces from the monetary contribution are considered to be significantly greater than the dis-benefits brought about by the loss of Green Space. The proposal is therefore considered to satisfy the requirements of policy CSP35 of the Core Strategy and the principle of the development is therefore considered acceptable given it borders onto existing residential properties. In addition, the principal of residential development was considered acceptable by the Council and the Inspector in application 2011/0337, although the details of design and scale of development were not. The assessment of these factors is given below. Design, layout and trees - The scheme put forward appears to answer previous concerns. It’s a simple scheme of low density development, but sympathetic in terms of layout and architectural design and reflects the local vernacular that is now slightly sparsely represented in Brierley. The liberal use of natural stone, good quality roofing flags, timber to doors, and traditional design rainwater goods is welcomed. The design and materials put forward are thus of high quality and will be in harmony with the character of the area and the Conservation Area. The site has also been the subject of anti-social behavior and fly tipping with the owners attempts to secure the site proving to be unsuccessful. The proposal will tidy the site up and provide visual surveillance to prevent further tipping occurring. The site has some 50 or so trees of these, 4 are recommended for removal, with the vast majority being within category C and only 3 being category B where retention is desirable. There are however a few of the retained trees with reasonable long term prospects, of these T15 (apple) is the most dominant feature and is to be retained as part of the proposal. The Council’s Tree Officer is satisfied with the landscaping proposals.

Bats - A Bat Survey and Report has been prepared by JCA Ltd and a copy has been provided as part of these application documents. The report was undertaken in November 2012 and found ‘no signs of bat roosting in any part of the site’. The only part of the site that might have some potential is the fissures in the rock face which are relatively small and deemed to have ‘moderate potential for bat hibernation’. The development is sufficiently far away from the rock face so as not to have any adverse effect on protected species using this part of the site. The retention of vegetation on the quarry walls and around the westerns and southern boundaries will ensure the proposal will retain a good level of greenery which will also help local wildlife.

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Residential Amenity - The siting of the 3 plots meets the required separation distances with plot 3 located to the site frontage on a similar building line to the existing property, No 3 Royd View Cottages, with its garden and two parking spaces to the rear (north). Units 2 and 3 are set further back into the site and as such the rear north west facing gardens back onto the quarry wall banking which is some 7 metres in height, in addition to this a belt of trees are situated on the edge of the quarry wall of some 9 – 10 metres in height which will result in an element of overshadowing. The gardens do afford a considerable amount of space and given the situation are considerably private in their form. As such the proposals are considered acceptable from a residential amenity perspective and meet the Councils standards on spacing and privacy. The nearest existing property is No 3 Royd View Cottages located to the north east of Unit 1, which is sited in a similar building line. No 3 is narrower in width but longer which means its rear elevation is set back from the rear of proposed unit 1. Additionally the level differences mean that the proposed unit 1 has a ridge height 2.4 metres lower than that of the existing property. Given the siting and the level differences I am satisfied that the proposal will not result in any significant detriment to neighbouring amenity. The proposal as such is considered in accordance with the SPD – Designing new residential development. Highway Safety - Highways DC have raised no objections to the proposal subject to conditions. Adequate parking can be provided within the site and given the access off the main road it is not anticipated that any increase in on street parking would result. Visibility is adequate from the entrance and therefore it is concluded that highways safety would be maintained to a reasonable degree in accordance with CSP 26 and H8D The proposal involves raising land levels within the quarry by up to 2 metres which involves the importation of inert fill material to raise levels. These works will involve a number of vehicular movements to begin with but it is likely that this part of the construction process will only last for one week. A condition is recommended to ensure that details of the construction period, including parking of vehicles and storage of equipment, are submitted prior to the commencement of development. The Council’s Highways Section have considered the information and have raised no objections to the scheme subject to the imposition of suitable conditions. Conclusion Whilst the proposal results in the loss of Green Space the site is overgrown and under utilised with fly tipping taken place, as a result the compensatory sum of £10,000 for its loss will benefit alternative well used Green Space in the area and as such meets the criteria within policy CSP35 of the Core Strategy. The scheme is of high quality design and materials and is laid out in a way that means that the majority of trees would be retained and the proposal would be respectful of its siting within a Conservation Area. The proposal complies with spacing standards in terms of residential amenity and provides sufficient visibility and parking to meet the standards of the highways department as such approval is recommended.

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Recommendation Grant subject to Legal Agreement: 1 The development hereby permitted shall be begun before the expiration of 3 years


2 The development hereby approved shall be carried out strictly in accordance with the plans (Nos P1 REV A, P2, P3 and P4) 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.


4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no enlargement, improvement or other alteration of the dwellings which would otherwise be permitted by Part 1 of Schedule 2 to that Order shall be carried out without the prior written consent of the Local Planning Authority, and no garages or other outbuildings shall be erected. Reason: To safeguard the character of the Conservation Area and neighbouring amenities in accordance with Core Strategy Policies CSP29 and CSP30

5 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

6 No development or other operations being undertaken on site shall take place until the following documents in accordance with BS 5837:2012 Trees in relation to design, demolition and construction - Recommendations have been submitted to and approved in writing by the Local Planning Authority: Tree protective barrier details Tree protection plan Arboricultural method statement - including specification for proposed tree works 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.

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7 The erection of barrier's for the protection of any retained tree shall be undertaken in

accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced off in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority. Reason: To safeguard existing trees, in the interest of visual amenity.

8 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.

9 Sight lines, having the dimensions 2.4m x 90m, shall be safeguarded at the drive entrance/exit, such that there is no obstruction to visibility at a height exceeding 1.0m above the nearside channel level of the adjacent highway Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

10 The private access road shall be a minimum of 4.5 metres wide for the first 9 metres, from its junction with Common Road. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

11 All on-site vehicular areas shall be hard surfaced and in drained in an approved manner prior to the development being brought into use, to prevent mud/debris being deposited on the public highway. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

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12 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 submitted for the written approval of the Local Planning Authority, which shall identify any 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, in accordance with Core Strategy Policy CSP 26.

13 Vehicular and pedestrian gradients within the site shall not exceed 1 in 12 to ensure safe and adequate access. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

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:- "construction vehicle routing along public highways within the local authority's boundary "the scheduling and timing of construction traffic movements, details of, temporary warning signs and banksman/escort details. "arrangements for co-ordinating and controlling delivery vehicles, to prevent waiting or stacking of vehicles on the highway. "means of access to the site for construction traffic from the public highway "surfacing of access road from the public highway, this shall extend for a minimum for 10m to prevent loose material being discharged onto the public highway "retained areas within the site for vehicle parking, manoeuvring, loading and unloading "arrangements for parking of site operatives and visitors vehicles. "storage of plant and materials used in constructing the facility "measures to prevent mud/debris being deposited on the public highway. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

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2013/0645 – Residential development – erection of 3 No. detached dwellings with garages and access improvements The Old Quarry, Common Road, Brierley, Barnsley


Royd Well

FB

FB

COMM

ON ROAD

ASHLE

IGH

BRIAR G

ROVE

BEECH CLO

SE

CHURCH GATE

93.4m

95.6m

98.0m

2

14

2

5

1

1

12

1

3

4

9

Royd V

iew

11

11

13

8 1

5

34

15

2940

28

32

11

20

Brierley Church of England

Bollingbroke House

(Nursing Home)

Lilac Farm

Old Brierley Hall

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2013/0736 Mr Dean Mason Erection of 2no. pairs of semi detached dwellings and associated works. Land adj 344 New Road Staincross Barnsley S75 6GP

No objections have been received Background 2013/0051 – Residential development for three units (Outline) – Approved with conditions. Description The site is situated on the north east side of New Road between numbers 344 and 342a. The site consists of rough grass with trees situated on the front boundary. The application site is situated adjacent to New Road; however the applicant has ownership of the whole site which has a length of approximately 88m and runs up to an area of land known as the Staincross Plantation. New Road has a diverse street scene with a mix of bungalows, two and three storey dwellings of a variety of designs. The adjacent dwellings to the site are three storeys in height and have garages at ground floor level due to the land sloping up to the north east. Proposed Development The application proposes residential development of two pairs of three storey semi detached hipped roof designed dwellings. The properties have been designed with accommodation over three floors which consists integral garages a study and ground floor wc, a lounge, kitchen and dining area at 1st floor and at second floor three bedrooms and a bathroom. Due to the slope of the land, the 1st floor living areas would open out onto a decked area and rear amenity areas and would appear as two storey from the rear. Each dwelling has one garage and a parking space. An access is also provided to the land at the rear which is owned by the applicant. The applicant intends to use this area as possible grazing land for horses or for possible future development. 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 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.

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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 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

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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 SYMAS – no objection subject to condition Drainage – no objection subject to conditions Regulatory Services – no objection subject to conditions Highways – no objection subject to condition Representations The application was publicised by way of a site notice and neighbour notification letters. No representations have been received to this publicity. Assessment Principle of development - The site is part of a larger piece of land designated as Green Space in the UDP and Core Strategy. 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. The proposed development sits in between a number of other dwellings located off New Road. It is, therefore, a typical infill development proposal. The site itself is currently fenced off, does not have any public access and therefore does not perform a function as a public recreation space. It does, however, form part of a larger area of land which wraps around the rear of the existing dwellings on New Road providing an area of substantial green space. In order to compensate for the loss of Green Space, the applicant has put forward a compensatory payment of £8,000 to be put towards the upkeep and benefit of other Green Spaces in the area. A previous application for residential development at this site (2013/0051) proposed to compensate for the loss of Green Space by providing landscaping and ecological improvements to the land to the rear of the site. This was accepted as suitable compensation. In this case the applicant is proposing a monetary contribution which could still be spent on the land to the rear or on other Green Spaces in the locality.

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When weighing up the proposal, the loss of a relatively small piece of Green Space which fronts New Road, and the fact that this infill development would offer to provide payment towards the upkeep/improvement of other well used areas of Green Space, it is considered that the benefits of the scheme are significantly greater than the dis-benefits brought about by the loss of Green Space. The proposal is considered to satisfy the requirements of policy CSP35 of the Core Strategy. Residential Amenity - The plots are sited so that they are of a sufficient distance away from neighbouring dwellings and would not overlook the properties to the side and the front to a significant extent. The proposed decked areas are to provide a level amenity space out from the rear patio doors and have been provided with fencing to screen. The proposal meets the separation distances set out in the SPD, and would not cause a significant loss of light or overbearing impact to adjacent properties. The room sizes and amenity areas are consistent with the recommendations within the South Yorkshire Residential Design Guide. The addition of the properties and the associated vehicle movements generated from their new occupants would not be significant and could not be considered to cause unacceptable levels of noise or disturbance in accordance with the SPD – Designing new residential development. 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 been suitably designed in order to fit with the surrounding dwellings in terms of style and materials. The development of this site, which is currently overgrown, is considered to be acceptable and will enhance the visual amenity of the area. As such dwellings on this site would be appropriate in their context and would not result in a visually intrusive or overly prominent feature within the streetscene, subject to the submission of material samples for approval. This is considered to accord with policies CSP 29, H8D and SPD ‘Designing New Residential Development’ Highway Safety - Highways DC have raised no objections to the proposal subject to conditions. Adequate parking can be provided within the site to ensure that no significant increase in parking would occur on New Road. Visibility is adequate from the entrance and therefore it is concluded that highways safety would be maintained to a reasonable degree in accordance with CSP 26 and H8D. Impact on Trees - The majority of the trees on site are insignificant specimens. It is proposed to retain several trees meaning only a few specimens are to be lost from the site. The retained trees however will need to be protected during the development phase. The plans also suggest that some tree planting is to take place and as such full details of the proposed landscaping will be required by way of a condition. Drainage - The Drainage Officer and Yorkshire Water have no objections to the proposal subject to conditions. Conclusion The proposals is compatible with adjoining land uses, does not compromise residential amenity or highway safety. The appearance of the dwellings in terms of their design and scale are in keeping with adjacent properties. Whilst the development would result in a loss of Green Space, the applicant has put forward a compensatory payment which allows for the upkeep/improvement of other Green Spaces in the area. These benefits are considered to outweigh the loss of this unused and inaccessible area of

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Green Space to an extent where the development is considered to satisfy policy CSP35 and therefore, is recommended for approval subject to the signing of a Section 106 agreement. Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 3 years


2 The development hereby approved shall be carried out strictly in accordance with the amended plans (Nos. 01, 02 Rev A) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with Core Strategy Policy CSP 29, Design.


4 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

5 No development or other operations being undertaken on site shall take place until the following document has been submitted to and approved in writing by the Local Planning Authority: Tree protective barrier details Tree protection plan Arboricultural method statement No development or other operations shall take place except in complete accordance with the approved methodologies and the tree protection barriers shall be installed in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced off in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority. Reason: To ensure the continued well being of the trees in the interests of the amenity of the locality.

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6 The applicant shall ensure that the development is undertaken in compliance with

CIRIA 32 guidance "Construction over abandoned mine workings" in consultation with the Coal Authority; where shallow mine workings within 10 times the extraction thickness of the foundations must be stabilised. Reason: In order to accord with paragraphs 120/121 of the NPPF - Land Stability.

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 and in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement, and CSP 29, Design.

8 No development shall take place until: (a) Full foul and surface water drainage details, including a scheme to maintain surface water run-off at existing greenfield levels, 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.

9 Visibility splays, having the dimensions 2m x 40m, shall be safeguarded at the drive entrance/exit, such that there is no obstruction to visibility at a height exceeding 1.0m above the nearside channel level of the adjacent highway. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

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10 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.

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2013/0736 – Erection of 2 No.l pairs of semi detached dwellings and associated works Land adj. 344 New Road, Staincross, Barnsley


Track

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36320

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252

358 1

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2013/0702 Network Rail Infrastructure Ltd Infill of bridge with inert material and provision of grassed earth bunds either side of structure. Railway Bridge TJC3/179, Storrs Mill Bridge, Darfield Road, Cudworth, Barnsley.

No Objections Site Location and Description The site relates to a railway bridge known as Storrs Mill Bridge, Cudworth Common, and lies on the former Cudworth to Wath railway line. The bridge is now life expired and because the railway has been closed for a long period of time permitted development privileges no longer apply and as such permission for the proposed engineering operations is required. The former railway ran between Wakefield and Sheffield via Cudworth and the bridge is still in Network Rail ownership. It has been a longer term aspiration to re-open the route to alleviate capacity issues on the Leeds to Doncaster line, however this is now under review given the anticipated HS2 line. However the works proposed are not irreversible meaning all options would still be available.. Proposed Development In order to maintain the safety of the road it is proposed to Infill the bridge with inert material and provision of grassed earth bunds either side of structure. The majority of the bulk material will be transported along the redundant track bed which will be accessed direct from the highway. Approximate quantities of material;

Sub soil (Granular Class 6F5 material) = circa 8000 tonnes (at 400 tonne/day = 20 wagons/day for 20 days)

Top soil = circa 160 tone (at 80 tonne/day = 4 wagons/day for 2 days) Policy Context Planning decisions should be made in accordance with the development plan unless material considerations indicate otherwise and the National Planning Policy Framework 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 Joint Waste Plan and saved Unitary Development Plan policies. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document, 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.

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Barnsley Local Development Framework Adopted Core Strategy (CS) The CS does not contain policies or text regarding waste and recycling as these issues are covered by the recently adopted Barnsley, Doncaster and Rotherham Joint Waste Plan. General policies relevant to the proposal however, include: CSP26 – New Development and Highway Improvement – refers to the expectation that development will be designed and built to provide safe, secure and convenient access for all road users. 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. Barnsley, Doncaster and Rotherham Joint Waste Plan (JWP) Relevant to this application are: WCS6 – covers general considerations for all waste management proposals (access, highway capacity, noise, dust, drainage, wildlife and habitats etc). Proposals must include sufficient information to demonstrate that they comply with the requirements within the policy. Barnsley Unitary Development Plan adopted 2000 (UDP) The site is located within an Employment Proposal Area and the West Green Comprehensive Regeneration Area. Relevant (saved) policies include: ED4 – refers to proposals for economic development adjoining or close to housing will be assessed with particular regard to the likely impact on residential amenity in terms of a number of potential issues including noise, traffic entering or leaving the site, visual intrusion, outside storage, dust etc. Development Sites and Places (Development Plan Document Consultation Draft 2012) Policies of relevance are: 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 will not adversely affect the potential of a wider area of land which could otherwise be available for development.

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National Planning Policy Framework (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. The Framework does not contain specific waste policies, since national waste planning policy will be published as part of the National Waste Management Plan for England. In respect of this application, relevant general policy statements include: Building a strong, competitive economy.

The planning system should support sustainable economic growth. Promoting sustainable transport

Decisions should ensure that developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised.

Developments should be located and designed to accommodate the efficient delivery of goods and supplies; give priority to pedestrian and cycle movements, and have access to high quality public transport facilities; create safe and secure layouts etc. Conserving and enhancing the natural environment.

The planning system should contribute to and enhance the natural and local environment by (amongst other things), preventing new development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution.

Planning decisions should ensure that new development is appropriate for its location. The effects of pollution on general amenity should be taken into account.

Local planning authorities should assume that the control of processes or emissions where subject to approval under pollution control regimes will operate effectively.

Planning decisions should aim to avoid noise from giving rise to significant adverse impacts.

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Planning Policy Statement 10 (PPS 10) PPS 10: Planning for Sustainable Waste Management has not been superseded by the NPPF. The overall objective is to protect human health and the environment by producing less waste and by using it as a resource wherever possible. In considering planning applications, waste planning authorities (WPA) should consider the likely impact on the local environment and on amenity. Waste Strategy for England 2007 The strategy builds on the Waste Strategy 2000 and reiterates the need to apply the waste hierarchy. Most products should be re-used or their materials recycled and encouragement is given to the waste management industry to invest in facilities to recycle and recover waste. Consultations Environment Agency – No objections Highways DC – No objections Public Rights of Way – No objections Contaminated Land Officer – No comments received Regulatory Services - No objections Drainage – No objections Representations The application was advertised by way of a site notice. No representations have been received to this publicity. Assessment Material Consideration Principle of development Residential Amenity Visual Impact Highway Safety Principle of development - The proposal is a one off scenario whereby Network Rail wishes to ensure the integrity and maintenance of the public highway. This thereby involves the infill of sub soil and top soil to infill the structure and creates grassed earth bunds on either side. The proposal is of a very small scale and is not irreversible should a decision be taken to re-open the line in the medium to long term. However, the policy background also makes it clear that in considering planning applications for waste importation, waste planning authorities should consider the likely impact on the local environment and on residential amenity, in terms of visual intrusion, traffic and access, drainage and air emissions including dust, odours, noise and vibration.

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Residential Amenity - The bridge is some 400 metres from the nearest residential property and as such I do not consider that any adverse detrimental impact would occur on residential amenity through dust, odor’s noise or vibration. Visual Impact - The proposed infill of the bridge will not result in any significant detriment to visual amenity and the grassed and wild flower sown bunds may well appear more visually appealing than the present visual landscape as such I consider the proposal in line with policy CSP29 of the Core Strategy. Highway Safety - The bridge carries the road that links Cudworth to Darfield C561 Darfield Road / Storrs Mill Lane crossing the former railway. The works proposed will therefore help to ensure the stability of this part of the road. There will be a number of vehicle movements required to transport the infill material onto the site. However, this will be limited to a short period of time and the majority will be able to utilise the redundant track bed which can be accessed directly from the highway. The Council’s Highways Section have inspected the scheme and raised no objections and as such I do not consider there will be any significant detriment to highway safety resulting from the proposal. Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 3 years


2 The development hereby approved shall be carried out strictly in accordance with the plans (Nos W80146-L032-03 Proposed General Arrangement Option 2 Bridge Infill dated 7 March 2013) 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, 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;

Measures to prevent mud/debris being deposited on the public highway. In the interests of highway safety.

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2013/0702 – Infill of bridge with inert material and provision of grassed earth bunds either side of structure Railway Bridge TJC3/179, Storrs Mill Bridge, Darfield Road, Cudworth, Barnsley


Path (um)

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Dismantled Railway

Storrs Mill Bridge

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h (u

m)

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MP 173.5

Dismantled Railway

Path38.5m

40.3m

53.0m

34.0m

47.6m

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2013/0743 Mr James Rusby Erection of a detached agricultural workers dwelling. Carr Lane Farm, Carr Lane, Gunthwaite, Barnsley, S36 7GB

No letters of representation have been received The application is referred to Planning Board as Councillor Rusby is related to the applicant Background 2011/0292 – Erection of agricultural workers dwelling – Refused for the following reason:- The site lies within the Green Belt on the approved Barnsley Unitary Development Plan, wherein there is a presumption against inappropriate development, unless it is for one of the purposes set out in paragraphs 3.4, 3.5, and 3.6 of Planning Policy Guidance Note 2. In the opinion of the Local Planning Authority, the size of the proposed dwelling is considered to be disproportionately large relative to the size of the land holding and the functional needs of an agricultural worker contrary to UDP Policy GS8B and the guidance set out in Annex A of PPS7. The applicant appealed the decision to the Planning Inspectorate, a hearing took place and the appeal was dismissed. The Inspector noted that the large size of the proposed dwelling would adversely affect the character and openness of the Green Belt and was disproportionate in size relative to the holding. Site Location and Description The farm is located on Carr Lane, which is a long narrow road running in a north easterly direction from the A629 just before it enters the village of Ingbirchworth. The farm is positioned in a very isolated location with open fields surrounding it. The farm itself appears to form two elements with the old farmhouse and large stone barn with associated workshop buildings on the southern side of the lane and more modern Yorkshire boarded barns to the northern side where it appears the majority of farming activity takes place. The Rusby family have run the dairy enterprise at Carr Lane Farm for over 70 years, with over 200 acres of surrounding land associated with the farm through both ownership and rental, with all in short to medium term grass leys. The site relating to the proposed development lies to the north of Carr Lane, to the west of existing modern agricultural buildings. At present a caravan is on the site which has been there in excess of 3 years to provide temporary accommodation for a farm worker, the present farmer’s son – however no application for the caravan was ever submitted. The present labour on the farm includes farmer Mr Rusby Senior who owns and lives in the existing farmhouse, Mr Rusby Junior (manager) who lives away from the holding, and a part time self employed relief stocksman. Mr Rusby Snr and Mr Rusby Jnr undertake all supervision of livestock and milking and one or the other is required on site at all times. Mr Rusby Snr is however approaching retirement.

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Proposed Development The proposal involves the erection of a permanent stone dwelling to support an agricultural worker. As the business has been established over several decades, the applicant’s intention is to show a proven need for a permanent dwelling. The proposed dwelling is to be located to the northern side of Carr Lane, adjacent the existing farm buildings and close to the existing cow sheds. The property is single storey in a ‘U’ shaped design with an inner courtyard. The dwelling is proposed in natural stone with an artificial stone slate roof and timber framed doors and windows. The size of the dwelling is single storey with 4 bedrooms incorporated within the property which has a floor area of approx 160 square metres in total. Access is existing off Carr Lane and a small amenity area in association with the property has been indicated situated within the courtyard whilst parking is situated within the driveway. The plans have been amended during the course of the application to show the removal of a large feature gable to the front and the repositioning of the dwelling closer to the farm buildings.

The application is supported by an agricultural appraisal, which includes financial information and an assessment of working hours. A summary of these points have been outlined below:

The report submitted with the application shows that the current livestock numbers are as follows: 80 sheep, 60 dairy followers, 50 suckler cows, and 60 beef stores.

A comparative 'standard' calculation for the labour requirements for the farm is set out using the 'John Nix' guidance. The total labour requirement is equivalent to 2.13 full time workers.

Even at the present levels of livestock and operations there is a need for a constant presence on site and the expansion of the animal numbers will reinforce this requirement. In particular during milking and calving. Expectant cows may abort in an event such as a sudden noise therefore it is imperative that the Farmer is on hand to attend to this type of emergency. From a security aspect, the risk of loss of livestock is also an underlying factor.

At present Mr Rusby Jnr lives away from the farm and has his father approaches

retirement his presence at the farm is becoming greater. He has 3 children and although no one lives at the caravan on the site, it has been used as a base during school holidays and weekends to provide shelter for the children whilst their father carries out farming duties close by, the need for a more permanent solution is evident.

There are no properties for sale or rentable in the near vicinity or at a cost which would render them suitable for a farm worker.

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 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.

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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. Barnsley UDP Saved Policies UDP Allocation – Green Belt GS8B states that proposals for agricultural and forestry workers dwellings will be determined in accordance with the following principles: a) Agricultural and forestry workers dwellings within rural and green belt areas will only be permitted where essential need, to sustain a demonstrably viable agricultural or forestry enterprise, can be shown b) Permission will not normally be granted for a new agricultural workers dwelling in cases where a farm dwelling has recently been or is to be separated from the agricultural land c) Where new dwellings are accepted solely on the basis of an agricultural or forestry need, the size of the dwelling should be in proportion with the established functional requirement d) Where new agricultural workers dwellings are permitted in the countryside they shall normally be sited directly adjacent to existing or proposed farm buildings e) Where new dwellings are permitted they should be constructed using materials appropriate to the locality, to safeguard the visual amenities of the countryside f) Where planning permission is granted for an agricultural or forestry workers dwelling, a condition will be imposed restricting the occupancy to a person solely or mainly working, or last working, in the location in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants g) Where permission is granted, on the basis of agricultural need, for an additional dwelling on a farm unit, then an occupancy condition will also be imposed on any existing dwelling on the unit which is under the control of the applicant, and is needed at the time of the application to be used in connection with the farm. Local Development Framework - Core Strategy Policy CSP34 ‘Protection of Green Belt’ states that the extent of the Green Belt will be safeguarded and remain unchanged in order to protect the countryside and open land around it. Policy CSP29 ‘Design’ – states that high quality development respectful of its locality is expected. Policy CSP 26 ‘New Development and Highway Improvement’ – states that new development will be expected to provide safe, secure and convenient access for all road users.

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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: 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. Exceptions to this are:- • Buildings for agriculture and forestry Consultations Gunthwaite and Ingbirchworth Parish Council – No comments received Yorkshire Water Services Limited – No objections raised. Highways DC – Need to ensure adequate parking for the proposal. Drainage – No comments Representations None Assessment Material Consideration Principle of development Visual Amenity Highway Safety Residential Amenity Principle of development - The site is within an area designated as Green Belt. The erection of new residential development is not usually considered appropriate within the Green Belt unless very special circumstances exist to justify it. This proposal seeks permission for the erection of a dwelling for an agricultural worker which can be acceptable subject to compliance with UDP Policy GS8B, and criteria set out in the NPPF.

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Saved Policy GS8E states that there must be a clear functional need for a worker to be on site all the time. It also details that the business should have been established for at least 3 years and that at least one of the operating years should have been profitable. In addition to the above the policy states that the size of the dwelling proposed should be proportionate to the established functional requirement and that new dwellings should be sited close to existing farm buildings. The latter issue will be considered in the Visual Amenity section. Assessment of the labour requirement In considering functional need, it is necessary to establish whether it is essential for the proper functioning of the enterprise for one or more workers to be readily available at most times. Such a requirement may arise where workers are needed on site in case animals or agricultural processes require essential care at short notice, or to deal with emergencies that could otherwise result in a serious loss of crops or animals if not dealt with quickly. If a functional requirement is established, it is necessary to consider the numbers of workers needed to meet it. It must be noted that the need for an agricultural worker on the site was acknowledged in the previous application, however it was considered to the size of the dwelling put forward was excessive in relation to the functional requirement of the holding itself. As the previous application was submitted some 2 years previously a new assessment has been carried out of the labour requirements. An updated assessment of the labour requirement has been carried out and is contained in the Agricultural Appraisal which details that based on existing stocking levels, there is a requirement for 2.13 full time workers on the farm. It is considered that the applicant has provided sufficient justification to show that there is an operational need at the farm based on the keeping and rearing of animals on this site and for the reasons given it is considered that sufficient information has been submitted to justify a permanent dwelling on the site in order to provide acceptable maintenance, supervision and care of both animals and farm equipment in accord with GS8B. Financial test The farm is well established, and the financial figures show that the farm is currently running in profit, and investment over previous years in the farm business has developed it to its present size. The profits will be re invested and used to increase farm stock as already indicated. In this case as the business is well established and figures supplied show the business is profitable the income generated can clearly support the construction of a dwelling in this case. Availability of other properties It also needs to be assessed whether or not the need for the dwelling could alternatively be met in the locality by purchasing or renting a property in the immediate area. There are no properties nearby such is the isolated location of the farm, which would allow close supervision of the livestock. Those properties further away from the site, such as in Hoylandswaine, currently for sale are too expensive for an agricultural worker. Rental properties are also highly sought after in this area and rents are high. As with most rural areas, the existing properties in the immediate area are out of reach for an agricultural worker.

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Size of dwelling proposed The main issue and reason for refusal with the previous application was related to the size and scale of the proposed dwelling. The revised proposal is single storey and has a floor area of approx. 160 sq metres which includes 4 bedrooms, as the applicant has 3 children. It is much reduced from the previously refused application which showed a large two storey dwelling with a floor area of 210sqm. The inspector noted that the average size for an agricultural workers dwelling from recently approved applications in the Barnsley Borough ranged from 100 to 150sqm, and a mix of one and one and a half storeys. The proposed dwelling is designed as a traditional single storey building, with no possibility of further extensions nor roof conversions due to the low pitched roof and has a very limited curtilage set close to the existing farm buildings allows for a significant reduction in impact from the previously refused application. The applicant has shown that the size of the agricultural unit and the number of livestock on site requires the need for an agricultural worker and a dwelling of this size. Mr Rusby Jnr’s close association to the farm makes him the appropriate occupant of the dwelling. It is acknowledged that Mr Rusby Jr needs also to accommodate the needs of his family which consists of his three children which provides the justification for the number of bedrooms proposed. Given the dwelling’s close association to the existing farm buildings and its use of suitable materials it is not considered, that it would appear of excessive scale to the detriment of the character and openness of the Green Belt. Visual Amenity - The design of the dwelling resembles many barns and bungalows in the surrounding villages, arranged in a U shape with an inner courtyard with traditional materials of natural stone and artificial slate proposed which are also common materials. The dwelling would be in close proximity to the neighbouring farm buildings and would have a limited curtilage within the courtyard ensures that there is a reduced impact from domestic paraphernalia on the openness of the Green Belt. The proposal is single storey with no opportunity for further extensions or roof conversions and would have a limited impact upon the openness of the Green Belt, in comparison to the very large dwelling previously proposed. The proposal is considered to be acceptable in terms of visual amenity and impact upon the openness of the Green Belt in accordance with policy GS8B. If approval is to be given a condition is recommended to remove the current caravan on the site which would improve the visual amenity of the site. Highway Safety - The access to the farm has been in use for years without issue and there is room within the confines of the site for the parking and turning of vehicles. The proposal is considered to be acceptable in terms of highway safety. Residential Amenity - There are no existing properties within close proximity of the proposed dwelling. As such the proposal would not be detrimental to neighbouring amenities. Conclusion It is considered that the applicant has adequately demonstrated a functional need for the dwelling, in addition the information provided by the applicant illustrates that the business can support a dwelling of this size and proportion. It is considered, that the siting and scale of the dwelling would not have a significant and harmful impact on the openness and visual amenity of the Green Belt. Consequently the proposal is recommended for approval.

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Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 3 years


2 The development hereby approved shall be carried out strictly in accordance with the amended plans (Nos. Site Plan/Location, A1, A2, received 28th August 2013) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with Core Strategy Policy CSP 29, Design.

3 The dwelling hereby authorised shall be occupied only by persons employed solely or mainly, or last so employed locally in agriculture as defined in Section 336(1) of the Town and Country Planning Act 1990, or in forestry and the dependants (which shall be taken to include a widow or widower) of such persons. Reason: The site is not in an area intended for general development, as this would be contrary to Policy GS8B of the Barnsley UDP. Permission is granted to the present proposal solely because the dwelling meets a proven agricultural need.


5 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.


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7 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.

8 The static caravan shall be removed from the land on or before occupation of the agricultural dwelling approved by this permission. Reason: To safeguard the openness, appearance and integrity of the Green Belt.

9 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 in accordance with Core Strategy Policy CSP2

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2013/0743 – Erection of a detached agricultural workers dwelling Carr Lane Farm, Carr Lane, Gunthwaite


Dra

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169.2m

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2013/0870 Mr R Brannon Residential development of 9 no dwellings - 4 pairs of semi's and 1 detached. (Reserved Matters) Land at Saville Road, Gilroyd, Barnsley

No objections have been received Site Location and Description Gilroyd is close to Dodworth and the M1 and is about 3km south west of Barnsley town centre. To the north of Saville Road is a grassed public amenity area adjacent to existing bungalows, a two storey house and a parade of shops with flats above. The amenity area is separated by Saville Road from a larger area of Green Space to the south, which contains a MUGA, sports pitches and children’s play equipment. Within the site is a Community Centre, which due to its close proximity to two other centres has been vacant for about two years. There are a few trees on the site, which is gently undulating. A parking court is located close to Saville Road in front of some of the adjacent dwellings. Proposed Development Outline planning permission for 9 dwellings was granted by PRB in April (2013/0202) and this application is the subsequent reserved matters. It is proposed to erect 9 social houses in a row set back from Saville Road so that they align with the shops and one of the existing bungalows. There will be 6 no. 3 bed 4 person semi-detached dwellings, 2 no. 2 bed 3 person dwellings and a 5 bed 5 person dwelling. The dwellings are two storeys except for one 2 and half storey dwelling. The houses will be faced in red brick and off white render, with brick and stone detailing around the windows and at the junction between the brick and render. Access will be taken from a central point onto a private drive way rather than individual driveways onto Saville Road. A band of trees is shown between the driveway and the road. The rear gardens do not take up all of the Green Space, part of the remainder is shown as garden land for nearby properties. Each plot will achieve code for sustainable homes level 4, and a fabric first approach has been adopted to achieve high levels of insulation. Due to the southern aspect it is anticipated that solar voltaics will be installed. Sustainable Drainage Systems (SuDS) will also be used were possible. 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 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.

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Core Strategy CSP1 Climate Change CSP2 Sustainable construction. CSP3 SuDS. CSP8 Location of Growth. CSP14 Efficient use of land CSP25 New development and sustainable. CSP26 New Development and Highway Improvement CSP29 Design. CSP35 Green Space. Saved UDP Policies The site is within Green Space on the UDP. SPDs/SPGs Designing new housing development Parking Emerging Development Sites and Places DPD The Draft Development Sites and Places DPD allocates the site as a Green Space. 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. With regards to this application the following are of relevance Paragraph 50 – Delivering a wide choice of high quality homes Paragraph 56 – Requiring a high standard of design Consultations Highways- No objections subject to conditions Highways drainage- No objections South Yorkshire Police- No objections Pollution Control- No objections subject to conditions Public Rights of Way- No comments received Trees – No comments received

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Representations The application was advertised by way of a site notice and neighbour notification letters. No representations have been received to this publicity. Assessment Principle of development - This is a reserved matters application so the principle of development has been established by the granting of outline permission. The main considerations are therefore the details of the size, scale and positioning of the dwellings and their impact on surrounding uses, character of the area and highway safety. with a reserved matters application is compliance with the adopted Supplementary Planning Documents (SPD) on Designing New Housing Development and Parking. This discussed below. Residential Amenity - Due to the alignment of the existing dwellings to the north each of the existing dwellings is at an angle to the opposing proposed dwelling so there is no direct overlooking. The proposed dwellings would be located to the south so whilst there will be some limited overshadowing this would only be towards the end of neighbouring rear gardens and not on neighbouring properties. To the west the nearest dwelling is separated by a footpath from the development and to the east the dwellings are upper floor flats over shops. The minimum distance to any of the proposed houses is 21 metres and as such in all cases the proposal would meet or exceed what is the recommended minimum separation distance in the adopted SPD Designing New Housing Developments. The land does undulate gently but there is no significant change in levels that would warrant imposing increased separation distances. Clearly a new development on a green site will affect the outlook but the development would not appear oppressive given the distances involved. Therefore, even with two storey dwellings close to bungalows there would no adverse impact in terms of overshadowing or loss of outlook. There is a MUGA on the opposite side of Saville Road. These can generate noise and disturbance but the proposed houses are set back a sufficient distance, with landscaping in-between, for this not to be a problem. The proposed properties all have good sized gardens and an off-street parking area and so future occupies amenities have been adequately catered for. Visual Amenity - As this is the reserved matters stage detailed design is the main consideration. The proposed dwellings are predominantly 2 storey with the exception of the 4 bed unit which is 2 and a half storey. This relates to the scale of the adjacent flats and shops that border the site. The elevational treatment is traditional with the proposed palette of materials consisting of red facing brick, off white through colour render with interlocking tiles. Brick and stone detailing around windows and at the junction between the render and brick add interest to the dwellings. The proposal is set back from the road and as such the development would not be seen as an overly prominent feature on the streetscene and the design would harmonise with the locality. The proposed development would comply with the space standards set out in the adopted SPD on Designing New Housing Development, be at a low density and existing trees can be retained and augmented with new planting especially along Saville Road. To the north some of the existing Green Space will be retained to help provide an open visual break.1.5 metre high fencing would be provided to demarcate the areas in between the dwellings.

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Highway Safety - Vehicular access to the site would be off Saville Road but this would then lead to a private road gaining access to the properties. The access off Saville Road was considered as part of the outline application and was approved. Furthermore, the layout of the internal road is the same as was put forward in an indicative layout at outline stage and the Council’s Highways Section have confirmed they have no objections to this. A minimum of one space is provided per property in the form of drives with an additional 6 visitor spaces available. This is considered sufficient to serve the development. Energy Conservation - The dwellings will achieve code for sustainable homes level 4, and have high levels of insulation. It is anticipated that solar voltaics will be installed on south facing roofs. Driveways and parking spaces will be permeable. Conclusions This is a reserved matters application following the grant of outline permission. At outline stage it was decided that whilst this site is designated as a Green Space, the proposal is for social housing and there will be ample Green Space left in the in the immediate vicinity and the wider area so one of the exceptions outlined in Core Strategy policy CSP35 is met and the merits of the scheme outweighed the loss of Green Space. The details submitted reflect the general pattern of development in the area and comply with the adopted SPD Designing New Housing Developments. Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 2 years

from the date of this reserved matters approval. Reason: In order to comply with the provision of Section 92 of the Town and Country Planning Act 1990.

2 The development hereby approved shall be carried out strictly in accordance with the plans 14-7-1075-A-010 RevA, 14-7-1075-DT-A-700, 14-7-1075-PL-A-120, 14-7-1075-PL-A-121,14-7-1075-PL-A-122,14-7-1075,SE,A,011 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.


4 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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5 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.

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2013/0870 – Residential development of 9 No. dwellings – 4 pairs of semi’s and 1 detached (Reserved Matters) Land at Saville Road, Gilroyd, Barnsley


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2013/0414 Mr James A McQueen Siting of static caravan in connection with recycling business (Retrospective) Unit 1, Acorn Way, Grimethorpe, Barnsley, S72 7PE

No letters of objection have been received The application has been put before Members at the request of Councillor North.

Site Description

The site is located within Park Springs Industrial Estate, Grimethorpe. It is sandwiched between Acorn Way to the south and west, High Street to the north and the Acorn Centre to the east. A steel industrial building exists to eastern boundary of the site which is used in connection with the applicant’s recycling business. Along the southern boundary of the site is a 2.4m high palisade fence with a gated entrance. Along the east, west and northern boundary are trees and hedges. Along the south-western boundary of the site is a small brick building which is used as a security office. The static caravan, that is subject of this application, is sited next to the security office. A small dwarf brick wall surrounds the outer perimeter of the caravan Site History Previous applications at the site of relevance to this application are as follows:

B/95/1113/HR – Permission granted for perimeter fence and gates

2010/1366 – Permission granted for erection of steel framed building

2011/0280 – Split decision with permission granted for retention of brick ‘security office’ but refused for retention of static caravan.

Proposed Development

The applicant is seeking to retain the existing static caravan on the site. They have put in the following statement as support for their application: “The caravan which we wish to retain on the site is used wholly and exclusively in connection with our business. This involves the recycling of textiles and scrap metals which is carried on at the industrial building on the site. I use half the caravan as an office where I deal with the administration of the business every day. There are no suitable facilities for this within the unit or the small security building (for which permission was granted) The remainder of the caravan is used to provide amenities for the 6 employees of the business. The security building is too small to be used by all staff together, particularly when the weather is bad. It has only one toilet, a microwave and woodburner. The caravan provides additional seating, toilet and cooking facilities which are important for the comfort of the employees.

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In addition, the lighting on the caravan assists with security. This is a serious issue; there have been three break-ins over the last three years. The estate security cameras do not cover this area. Nobody ever sleeps in the caravan or uses it for residential purposes. The fitted beds are never used.” 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 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 Policy CSP19 - Protecting Existing Employment Land – states that employment land will be safeguarded for that purpose, to protect existing jobs. Policy CSP29 - Design – states that all new development should be of a high standard of design Saved UDP Policies Policy ED3 - Existing Employment areas – states that these areas shall remain in employment use. Policy ED10 – Growth of Existing Firms – states that the expansion of existing firms will normally be permitted subject to satisfactory standards of design, the amenity of neighbouring uses, and adequate car parking, loading and vehicle manoeuvring. 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 Highways – No objections

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Regulatory Services – No objections Representations Occupiers of adjoining buildings/dwellings were consulted on the application by letter however no objections were received Assessment Material Consideration Principle of development Visual Amenity Highway Safety Residential Amenity Principle of development - In accordance with Core Strategy Policy CSP19 and saved UDP Policy ED10, the retention and expansion of employment related developments on employment sites will be supported in principle. However, permissions for such developments will only be granted where it will not harm the amenities of adjoining occupiers, highway safety, or the visual amenities of the area Visual Amenity - The main issue with the proposal is its visual impact. The static caravan is sited in a prominent position towards the south-eastern boundary of the site. It appears as a residential unit which is at odds with the predominantly commercial buildings that surround the site. It’s design is unharmonious with its surroundings and therefore appears as a discordant feature in the streetscene and the locality. It was considered in the 2011 application that there was a justification for an ‘amenity’ building for the employees. Planning permission was therefore allowed for the existing security office which provides a toilet, microwave and sufficient space for employees to utilise during breaks. However, the addition of the caravan, which has all the comforts of a residential unit, is not considered to be necessary to serve the existing employment unit. Given the lack of justification, the retention of the caravan is considered to be contrary to both local and national planning guidance due to it being at odds with the surrounding commercial buildings and therefore detrimental to the visual amenities of the locality. Highway Safety - The proposal does not affect vehicular access into the site and sufficient hard standing remains on the site parking and servicing facilities. As such there are no objections to the proposal from a highways perspective. Residential Amenity - The caravan is sited within an industrial estate a substantial distance from neighbouring properties. Given its size and location it does not impact on the amenities of nearby residents

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Conclusion The static caravan was refused planning permission as part of the approval for the neighbouring site office in 2011. The applicant has been given the opportunity to appeal that decision and given time to arrange removal of the caravan. Neither of these options have been taken up. The applicant has now been given this final opportunity to provide a full case for retention of the caravan but it is not considered that sufficient justification has been given to outweigh the concerns over the visual impact of the proposal. The static caravan is therefore considered to be a poor quality structure at odds with its surroundings and therefore contrary to relevant local and national planning policies relating to design. If Members support the Officer’s recommendation for refusal the next stage would be to take steps necessary to enforce the recommendation. Recommendation Refuse 1 The static caravan is a poor design, residential in appearance, and is at odds with

the character and appearance of the wider industrial estate. The proposal therefore appears as a prominent and discordant feature which fails to take the opportunities available for improving the character and quality of the area. The retention of the static caravan is therefore detrimental to the visual amenities of the area and contrary to Core Strategy Policy CSP29, UDP Saved Policy ED10, and Core Planning Policy 7 'Design' of the NPPF

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2013/0414 – Siting of static caravan in connection with recycling business (Retrospective) Unit 1 Acorn Way, Grimethorpe, Barnsley


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2012/1363 Miss Suzanne Phillipson Residential development (Outline) Land at Laird's Way, Penistone, Sheffield

5 letters received raising objections to the proposal. Introduction Since the submission of this application the Council has been in discussions with the applicant, the adjoining landowner and SYPTE to attempt to look at a way of providing a comprehensive development scheme that could provide for housing and employment opportunities with the potential to also facilitate a park and ride scheme. The aim was to provide a viable scheme for a housebuilder whilst also providing for the employment opportunities for local residents and improving the parking facilities adjacent to Penistone Train Station. However, the applicants have now lodged an appeal against non-determination of this application which has put an end to the current discussions and meant the Council now has to assess the merits of the application as it currently stands. This appeal will be heard at a Hearing. This report is therefore to ascertain the Councils position on the proposal for the purposes of defending this appeal. Site Description Lairds Way, which to the south of Sheffield Road, is located within the main built up area of Penistone. It is a short cul-de-sac which serves the application site and vacant land located immediately adjacent to the Railway Station. This adjacent land is level with railway line and includes the frame of a former commercial building. The application site, which comprises 1.4 hectares, is part of the former Cammell Laird foundry and has been reclaimed. It is raised above Sheffield Road by a stone wall and embankment. It has no public access, is covered with young trees and does not appear to have been used by the public as a green space. To the south east is a housing estate that was built in the mid 1990’s. A narrow strip of land along the south east boundary, which is excluded from the application site, abuts the rear gardens of some of the houses on the estate. The land owners have recently made an outline planning application for residential development for this land and other land they own around the site which is currently undetermined (application 2013/0643). Proposed Development This application is in outline but includes an illustrative layout showing 44 dwellings, a density of about 32 dwellings per hectare. Because of the shape of the site, the existing road layout and steep embankment some parts of the site are not developable. Therefore, it is unlikely that a density significantly over 32 dwellings per hectare would be achievable. The existing cul-de-sac is within the site and is to be utilised for all access. There is a cross section included that shows how the dwellings would be raised on an embankment above Sheffield Road. Rear gardens would not be suitable on such a steep slope. The applicants have indicated a willingness to provide 25% affordable housing and public open space (shown within the layout). The application is supported by amongst other things, a market assessment looking at the potential for the site to be used as employment. The applicants claim that there is no reasonable prospect of the site being used for employment use as it has been on the market without any viable offers being made.

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In the appellant’s grounds of appeal they have also put forward the following justification for their scheme: • The planning history demonstrates that the viability of developing the site and lack of

demand for employment uses is a long established issue. The applicant’s contend that the proposals accord with Core Strategy Policy CSP19 on the basis that redevelopment would not result in a loss of existing jobs or employment potential.

• The applicants believe that the proposal is not contrary to Saved UDP Policies PE1/11 and

PE3/3 as these are out of date and NPPF sets out a requirement to avoid the long term protection of sites allocated for employment use, where there is no reasonable prospect of a site being used for that purpose.

• The submitted Employment Land Report (Carter Towler) confirms a lack of market interest

for viable employment purposes. Despite the fact that a new access has been provided and the site benefits from outline planning consent it has remained vacant for a considerable time.

• Whilst expired, planning permission B/00/1477/PU is a material planning consideration as it

establishes the principle of residential development as being acceptable across the entirety of the application site, subject to the provision of small scale employment development on adjacent land owned by a third party.

• An application has been submitted for residential on part of this third party land

(2013/0643). This application does not include any employment proposals but it is stated that the owner would be willing to sell some land to allow the Council and SYPTE to provide an employment unit and a park and ride car park for the adjacent railway station. This would make use of section 106 monies raised from previous residential schemes on industrial land in Penistone

• The DSAP allocation is only on the applicants land and excludes the adjacent third party

land. This and other land under the same ownership is only shown as being Urban Fabric. The employment unit required under B/00/1477/PU was to be provided on some of this Urban Fabric Land..

• The Council has indicated that the application fails to provide any compensation for the

loss of employment land. However, the Council has previously allowed planning permission for houses to be built on two other major employment sites in Penistone (William Cook Castings and David Brown Gears) subject to section 106 agreements requiring the provision of a financial contribution to secure alternative employment provision. These monies that amounted to circa have not been spent on providing employment. It is unclear how requiring further mitigation for loss of employment can be justified.

• According to the latest evidence previous appeal decisions the applicant’s state that the

Council does not have a 5 year supply of housing land and in accordance with the NPPF the default position is a presumption in favour of sustainable development. Recent appeal decisions around the Country back up this argument.

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Relevant Planning History Following the granting of planning permission for a business park development and associated residential development (only the houses have been built) of the wider site to the east in 1994, a subsequent outline planning approval (reference 00/1477) was granted on 8th May 2001 for residential development and managed workspace unit (B1 Use) with associated estate road and parking courts. The majority of the site, and all of that within the remit of the current application, was proposed for housing, with a managed workspace building of a maximum of 1,500 sqm to be provided on an area of 0.4 ha of land in the south east corner of the site, bordering the railway line. The managed workspace unit was to be provided in advance of 50% of the dwellings on the site being occupied. Reserved matters applications were never submitted and the application subsequently expired in May 2006. 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 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 CSP1 Climate Change CSP2 Sustainable construction. CSP3 SuDS. CSP5 Renewable energy. CSP8 Location of Growth. CSP12 Distribution of New Employment Sites CSP14 Efficient use of land CSP15 Affordable housing CSP19 Protecting Existing Employment Land CSP25 New development and sustainable. CSP26 New Development and Highway Improvement CSP29 Design. CSP35 Green Space. Saved UDP Policies The site is within a mixed use area on the UDP. Policies PE1/11 and PE3/3 apply. SPDs/SPGs Designing new housing development Open Space on New Housing Developments Parking

96

Emerging Development Sites and Places (DSAP) DPD The draft DSAP allocates the application site as employment and the adjacent land as Urban Fabric. 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. Of relevance to this application are: Core policy 1 – Building a Strong competitive economy Core Policy 6 – delivering a wide choice of high quality homes Consultations Penistone Town Council - No objection to the residential development but raise concerns regarding the capacity and overloading of the local sewage and drainage systems and availability of school places in the area. Barnsley Development Agency - Objection to loss of employment land. Highways- There are no objections to the proposals in principle. Pollution Control - No objections subject to conditions. SYPTE - Have no objection to the development and allocation of this site for housing. However, the site to the west of Lairds Way remains a priority for SYPTE as this is the preferred location for additional station car parking. South Yorkshire Police - No objections. Yorkshire Water- No objections subject to conditions. Highways drainage - No objections subject to conditions. Coal Authority - No objections subject to conditions. Contaminated Land - No objections subject to conditions.

97

Representations 5 letters received that raise the following concerns:

Impact of development on land adjacent to back gardens

Loss of privacy and daylight

Drainage issues and flooding

Contamination of land including with unexploded ammunition.

Need for comprehensive approach Assessment Principle of development - At the heart of the NPPF is a presumption in favour of sustainable development. Sustainable development has an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements. Paragraphs 18 and 19 indicate that the Government is committed to securing economic growth in order to create jobs and prosperity. Therefore significant weight should be placed on the need to support economic growth through the planning system. The UDP mixed use allocation has been mostly built out with housing. Policy PE1/11 specifies that no more than 5 hectares (gross) of housing development will be permitted, but this has already been exceeded and as yet no employment has been provided to compensate. Penistone is a Principal Town and CSP8 states that ‘development in Penistone will be restricted to that which will facilitate Penistone’s renaissance as a market town, therefore predominantly related to economic growth’. Core Strategy Policy CSP19 indicates that employment land or land last used for employment will be retained and development for non-employment uses will only be considered if it can be demonstrated that there is an adequate supply of alternative employment land in the locality. Furthermore, CSP12 sets a target of between 4.5 and 6.5 ha of employment land in Penistone and the Draft Development Sites and Places DPD allocates this site as an employment site. Penistone is a principal town with a large rural hinterland and there is a clear requirement to provide employment land to avoid encroachment into the Green Belt. This site is one of only two sites allocated for employment in the draft DSAP for Penistone. The other allocated site is not as likely to come forward as this one for viability reasons. The case made by the applicants that their site cannot be developed for employment is not accepted. The DSAP assessment is that it is suitable and viable. Urban Fabric allocations assume that existing and previous employment uses will continue so the allocation of the application site alone for employment is reasonable. If residential development were to be allowed without a robust means of providing suitable and deliverable alternative employment land.

98

Notwithstanding the applicant’s assertions to the contrary and recent appeal decisions the Council believes it can demonstrate a 5 year supply of housing land. Whilst there have been appeal decisions in other areas of the Country these have not have related specifically to loss of employment land in the circumstances subject to this application and the NPPF is clear that providing employment is also sustainable development. Loss of Employment Land - The Barnsley Development Agency has provided some information to validate their objection. According to ONS Business Register & Employment Survey (BRES) data there are amongst other things;

3,073 total employee jobs are held by businesses within the Penistone West Ward, of which 68.6% are classified as being full time and 31.4% are part time classified

In terms of the industrial breakdown of jobs in the Penistone West Ward; 25.7% are Manufacturing based; 17% are Retail based and 8% are Transport and Storage based

Residents of the borough are more likely to out commute to work and as the town grows, residentially there will be a demand / expectancy for “local” employment and affordable housing to prevent migration of younger residents. Many of the existing facilities are dated and require major work to make them suitable, therefore there is a need for modern and accessible space to encourage employment and self-employment over the next decade and beyond. Many “self-employed” are working from home in the Penistone and surrounding areas due to the lack of facilities in the proximity especially for new start and small businesses. The loss of key employment land to other uses (most notably housing) could potentially hamper the future and continued growth of both the overall business base and future jobs within the Penistone part of the borough. Thus meaning that the borough is unable to meet its core economic strategy targets; a reduction in potential business rates for BMBC and the potential out commuting of businesses and loss of additional private sector jobs if a range of future land and premises does not remain. For instance many “self-employed” are working from home in the Penistone and surrounding areas due to the lack of facilities in the proximity especially for new start and small businesses. Likewise recent demand for appropriate sized units at Martree Business Park (3,000 – 4,000 sqft) has seen all units on this employment site currently being occupied and let to tenants The issue now is for additional grow on space to remain these businesses and additional employment space for similar businesses that could be attracted to Penistone. There is high demand for “managed workspace” units around 500ft² - 1,000ft². Penistone Paper has a waiting / enquiries list for their recently completed units. Residential Amenity - Objections have been received from local residents that include concerns about the impact on privacy and outlook. This is an outline application so the submitted layout is purely indicative. It is therefore at the detailed stage that relationships between existing and proposed dwelling can be dealt with. However, the indicative plan shows that dwellings can be positioned on the site in a manner to ensure necessary separation distances to existing housing are met.

99

Visual Amenity - Core Strategy Policy CSP29 indicates that development should be of a high quality and contribute to place making. The application site excludes a 4m strip of land that separates the site from the rear gardens of the houses to the south east. This land could be left vacant and become an eyesore. There are many houses backing onto this land so any harm that would be caused if the land is left vacant would be significant. This land is owned by a third party land owner who owns all the land to the south west. This landowner has made an outline planning application (2013/0643) for residential that includes this land. The site is raised above Sheffield Road and as such at the detailed design stage care will be needed to ensure that the proposed development fully takes account of the need to enhance views from Sheffield Road. SYPTE - Would wish to see a scheme for a park and ride for Penistone Station. This would not be on land owned by the applicant and could only be achieved via an agreement, which was progressing prior to this appeal being lodged. Highway Safety There are no objections to the proposals in principle. However, the current layout, whilst indicative at this stage would require some adjustments. For example, there will need to be a retaining wall to the rear of plots 4, 5 and 6 on the indicative layout. Whilst this will not be required to be adopted as part of the prospectively adoptable highway, it will require the submission of full structural calculations for assessment, to ensure that it is fit for purpose. Other matters Section 106 If Members were minded to grant permission a section 106 would be required to cover the issues of affordable housing and provision of public open space in line with Council policy. Noise The methodology and conclusions of the submitted noise assessment, which taken together with the indicative layout, establish that the current noise climate would not prejudice residential development on the site. Further details may be required if the final layout and /or housing design were to differ significantly from the indicative layout. The only concern would be in respect of the adjacent vacant industrial plot, which may have previously been railway sidings. This site would have unrestricted hours and an industrial use class which would mean it could be brought back into industrial use in the future with no further planning permission needed. A buffer zone would be required if approval is considered. Coal Mining Legacy The Coal Authority concurs with the recommendations of the submitted Geo-Environmental Investigation Report; that coal mining legacy potentially poses a risk to the proposed development and that intrusive site investigation works should be undertaken prior to development in order to establish the exact situation regarding coal mining legacy issues on the site. The Coal Authority recommends that the LPA impose a Planning Condition should planning permission be granted for the proposed development requiring these site investigation works prior to commencement of development.

100

The Coal Authority considers that the content and conclusions of the Geo-Environmental Investigation Report are sufficient for the purposes of the planning system and meets 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 therefore has no objection to the proposed development subject to the imposition of the above condition. Contaminated Land The application includes information that covers issues of land contamination. The submitted investigation report has identified elevated areas of contamination on the site, which will require remediation to address the risk to future occupiers of the properties. Conditions would need to be imposed if the application is approved. Drainage A Flood Risk Assessment has been submitted regarding the drainage of this site. The FRA gives a strategy with respect to the drainage of the site, but is short on the final details regarding the point of final discharge from the site. Due to the size of the development and potential impact on the drainage of the area, full drainage details should be sought early on in any a reserved matters application. Conclusions The application will be determined at a Hearing unless the Council decides to approve it and therefore the purpose of this report is to establish the Council’s stance in response to the appeal. Officers recommend that the Council would have refused the application for the following reason.

This proposal would be contrary to the Saved UDP policies PE1/11, PE3/3, Core Strategy policies CSP12 and CSP19 which seek to preserve employment land and the proposal fails to acknowledge the importance of economic growth as expressed in the NPPF.

The proposals would inevitably lead to the loss of designated employment land which could result in future pressure to develop surrounding Green Belt land in order to provide alternative employment land within the Penistone area. Penistone is a principle town were in accordance with CSP8 employment growth should be concentrated.

Recommendation Refuse 1 Penistone is a Principle Town where in accordance with CSP8 employment growth

should be concentrated. This proposal would be contrary to the Saved UDP policies PE1/11, PE3/3, Core Strategy policies CSP12 and CSP19 which seek to preserve employment land and it fails to acknowledge the importance of economic growth as expressed in the NPPF. There is a failure to provide any suitable alternative employment provision which would likely lead to future pressure on surrounding Green Belt land in order to provide alternative employment land within the Penistone area to the detriment of the openeness and character of the Green Belt.

101

2012/1363 – Residential development (outline) Land at Laird’s Way, Penistone, Sheffield


Cricket Ground

Depot

River Don

SL

Stone

Playground

Tra

ck

LB

FB

Huddersfield Junction

SL

Path

Cycle Path

SL

SL

Viaduct

Penistone

Allotment Gardens

SPRINGVALE G

ROVE

WESTACRE

DALBY CROFT

SHEFFIELD ROAD

GREEN A

CRES

QUEE

N S

T

INCHBURN C

RESCENT

INCHBURN

PLACE

MOSSLE

Y PLA

CE

HEATHERCLIFFEWAY

MEARS CLOSELA

IRD

S W

AY

198.7m

200.9m

207.6m

207.6m

202.7m

11

22

8

14

7

9

15

27

Station

32

9

2

El Sub Sta

6

137a

69

26

54

24

81

38

42

27

9

15

2

2

6

15

1

1

11

22

28

12

40

22

PO

7

2

6

55

2

43

31

1

25

27

14

11

10

Pavilion

Tank

4

1

Valley View

8

7

14

7

PenistoneWorksCourt

1 to 6

2633

36

52

24

7

11

51

39

2

14

15

53

68

67

76

80

24

16

37

31

29

23

21

Penis tone Fire Station

Amb Sta

23

1

5

15

11

7

51

47

65

61

22

7

15

11

28

16

10

2

15

11

19

102

BARNSLEY METROPOLITAN BOROUGH COUNCIL

PLANNING APPEALS

1st July to 31st July, 2013

APPEALS RECEIVED The following appeals have been received during this month

Reference Details Method of Appeal

Committee/Delegated

2013/0596

Erection of two storey side extension to dwelling 46 Pagnell Avenue, Thurnscoe, Rotherham

Written Representation

Delegated 01/07/2013

2013/0383

Erection of front porch, dormer extension and detached double garage 16 George Street, Middlecliffe, Barnsley



APPEALS WITHDRAWN

There were no appeals withdrawn during the month of July. APPEALS DECIDED


Decision Committee/ Delegated

2012/1068

Erection of 1 No. dwelling and formation of driveway (Resubmission) Land adjacent 33 Green Road, Penistone, Sheffield


Allowed


1 Appeal decided since April 2013 1 Appeal allowed since April 2013 0% of all appeals dismissed since April 2013

103

BARNSLEY METROPOLITAN BOROUGH COUNCIL

PLANNING APPEALS

1st August to 31st August, 2013

APPEALS RECEIVED The following appeals have been received during this month


Committee/Delegated

2012/1363

Residential Development (outline) Laird’s Way, Penistone, Sheffield

Hearing

On 17

th September PRB

Meeting

2012/1261

Installation of one new 50Kw endurance wind turbine on a 25m mono pole mast Land to the north of Halifax Road associated with Scouts Bridge Farm, Penistone, Sheffield


Committee 26/02/2013

APPEALS WITHDRAWN

There were no appeals withdrawn during the month of August. APPEALS DECIDED There were no appeals decided during the month of August 1 Appeal decided since April 2013 1 Appeal allowed since April 2013 0% of all appeals dismissed since April 2013