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Report Precis

Report of the Assistant Director Planning and Transportation to the Planning Regulatory Board Date: 03/04/2012

Doc No 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.

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Recommendation(s) That the applications be determined in accordance with the recommendations set out in the main report which is attached. Full report attached for public and press copy (unless Confidential item). 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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REFUSAL

2011/1463 Page 4 Erection of 1no 24.6m (to hub) wind turbine Hazelhead House, Lee Lane, Millhouse Green, Sheffield, S36 9NN

APPROVALS

2011/1562 Page 17 Erection of 145 no dwellings, provision of public open space and associated works

and infrastructure. Land off Barnburgh Lane adjacent to Engine Lane, Goldthorpe, South Yorkshire,

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2012/0021 Page 34 Erection of 48 industrial units for B1 and B2 uses with associated car parking and

landscaping (Extension of time limit of application 2008/0760) Ings Road, Wombwell, Barnsley, S73 0BP

2012/0236 Page 45 Erection of doctors surgery and ancillary accommodation with third party

pharmacy and cafe, car parking and landscaping. Land adjacent Woodland Drive, Barnsley, S70 6PQ

2012/0240 Page 54 Use of land as a children's play area including installation of play equipment

(Resubmission) Cannon Hall Country Park, Bark House Lane, Cawthorne, Barnsley, S74 4AT

2012/0252 Page 63 Fell 1 Oak tree (T1) and 1 Sycamore (T2) within TPO/1/1964 Barnsley Crematorium, Doncaster Road, Ardsley, Barnsley, S71 5EH

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REFUSAL

2011/1463 Mr William Booth Erection of 1no 24.6m (to hub) wind turbine Hazelhead House, Lee Lane, Millhouse Green, Sheffield, S36 9NN

9 letters of objection have been received from local residents Background The Government has set a target of 15% of all UK electricity to be provided from renewable sources by 2020. This planning application for the provision of renewable energy has been submitted following the withdrawal of a previous application for the installation of two wind turbines in the same general location. Site Location and Description The site of the proposed turbine lies in open countryside approximately 315m to the north west of Hazlehead House and some 150m to the south of Lee Lane, Thurlstone Moors. The turbine would be located in a central position of a field used for livestock grazing on the apex of a hill. The land around the site is relatively undulating rising to the north towards Lee Lane and beyond. The site is part of a wider active farm owned and operated by the applicant. Dry stone walls, strips of woodland and improved grassland are typical of the area. The existing Royd Moor and Hazlehead Wind Farms are visible from the site to the north east and north west respectively. The approved Spicer Hill and Blackstone Edge Wind Farms would also be visible to the north east once constructed. An access road serving Hazlehead House and its associated farm buildings and Hazlehead Hall to the south from Lee Lane, lies 275m to the east. The access also serves the nearest residential property, Hall Gates, some 280m from the application site. Other than agricultural uses, a relatively small, bunded mineral extraction area lies 68m to the south east. Both stone and clay are extracted for maintenance use on the applicant’s farm holding. A farm shop also operated by the applicant lies 120m to the north east of the site. A watercourse to the west (a tributary of the River Don) comes within 230m of the site at its nearest point. Hazlehead Hall and a nearby cattle shelter (the farm shop) are listed. Proposed Development It is proposed to erect a 3 bladed monopole wind turbine with a hub height of 24.6m and a height to blade tip of 34.2m. The proposal includes the creation of a permanent small concrete pad upon which the turbine would be sited. The site would be accessed from the A616, Whams Road, and then Lee Lane via the entrance to Hazlehead House Farm, and the farm yard to the south, where the turbine would be unloaded and manually handled to the site location.

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The applicant states that the farmstead now supports 3 homesteads and the farm shop with meat freezers running 24 hours per day and as such has a high energy demand. The turbine has a rated output of 50 kilowatts (kw), generating 75,000 kilowatt hours per year (kwh) which the applicant states is directly linked with the energy demands of the farm. Any excess would be exported to the Grid. The applicant also states that the turbine would be sited to provide maximum exposure to unobstructed wind flow in order to achieve efficient operation. Policy Context The site is designated as Green Belt and Minerals Consultation Area in the Barnsley Unitary Development Plan (UDP). The Green Belt remains unchanged in the adopted Core Strategy (CS). National Policies Government policy since at least 2003 when The Energy White Paper, Our energy future - creating a low carbon economy was published, has focused on cutting carbon dioxide emissions as a means of tackling climate change through setting ambitious targets for UK electricity to come from renewable energy sources. The UK Renewable Energy Strategy (July 2009) set out a path for the UK to meet its now legally binding target to ensure that 15% of our energy comes from renewable resources by 2020, with much of it coming from wind power. In respect of national planning polices, the following are relevant: PPS 1: Delivering Sustainable Development, aims amongst other matters to effectively protect the environment, promote the prudent use of natural resources, protect and enhance the natural and historic environment and address the causes and potential impacts of climate change. PPG 2: Green Belts, states that the most important attribute of Green Belts is their openness. They help to protect the countryside, be it in agricultural, forestry or other use. There is a general presumption against inappropriate development within them. PPS 5: Planning for the Historic Environment, advises that when considering applications for development that affect the setting of a heritage asset, local planning authorities should treat favourably applications that preserve those elements of the setting that make a positive contribution to or better reveal the significance of the asset. When considering applications that do not do this, they should weigh any such harm against the wider benefits of the application. PPS 7: Sustainable Development in Rural Areas, seeks to protect open countryside for the benefit of all with the highest level of protection given to the most valued landscapes. PPS 9: Biodiversity and Geological Conservation, aims to conserve and enhance biodiversity and geology PPS 22: Renewable Energy, states that increased development of renewable energy resources is seen as being vital to facilitating the delivery of the Government’s commitments on both climate change and renewable energy. PPG 24: Planning and Noise, outlines the considerations to be taken into account in determining planning applications both for noise-sensitive developments and for those activities which generate noise.

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The draft NPPF encourages sustainable development and provides support for renewable technologies. It does however also bring through the guidance in PPG2 in that wind turbines are still classed as inappropriate development and there is still a need to assess the impact of development on the openness and visual amenities of the Green Belt. It also highlights the need to assess the impact of development on heritage assets. Local Policies Barnsley Local Development Framework Adopted Core Strategy (CS) CSP6 - Development that Produces Renewable Energy - we will allow development that produces renewable energy as long as there is no significantly harmful effect on;

The character of the landscape and appearance of the area Living conditions Biodiversity, geodiversity and water quality Heritage assets, their settings and cultural features and areas Highway safety and Infrastructure including radar.

Proposals must be accompanied by information that shows how the local environment will be protected, and that the site will be restored when production ends. The Core Strategy recognises that undulating landscapes, such as those in the west of the borough, can increase the prominence of turbines. Careful consideration will need to be given to the capacity of the landscape to accommodate turbines, the ability to mitigate visual intrusion and cumulative impacts of individual sites when they are grouped rather than dispersed. We will use the Character Assessment and Policy CSP37 to assess the effect of development proposals. CSP29 - Design - states that high quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, including (amongst other things):

Topography, important habitats, woodlands and other natural features Views and vistas to key buildings, landmarks, skylines and gateways Heritage, townscape and landscape character including the scale, layout, building styles

and materials of the built form particularly in and around (amongst other things), Penistone and the rural villages in the west of the Borough.

The policy is aimed at ensuring that development is appropriate to its context. CSP30 – states that development will be expected to protect the character and/or appearance of listed buildings CSP34 – covers the protection of the Green Belt which is to be safeguarded and remain unchanged. CSP36 – Biodiversity and Geodiversity – development will be expected to conserve and enhance the biodiversity and geological features of the borough. Development which may harm such features will not be permitted unless effective mitigation and/or compensatory measures can be ensured. CSP37 - Landscape Character - development will be expected to retain and enhance the character and distinctiveness of the individual Landscape Character Assessment in which it is located.

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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 Unitary Development Plan adopted 2000 (UDP) As noted above, the site is located within Green Belt and a Minerals Consultation Area. There are no statutory or non statutory wildlife sites within 1km of the site. There are no relevant saved policies in the UDP. Consultations Dunford Parish Council - No comments received. British Horse Society - No objections. Civil Aviation Authority (CAA) - No comments received. Ministry Of Defence (MOD) - No comments received. National Air Traffic Service (NATS) - No safeguarding objection to the proposal. BMBC Highways and Engineering - No objections subject to the imposition of conditions. BMBC Regulatory Services - No objections subject to the imposition of a condition with respect to potential noise emissions. BMBC Design and Conservation - Object due to the impact on listed buildings. BMBC Biodiversity Officer - No objections subject to the imposition of a condition with respect to mitigation. South Yorkshire Mining Advisory Service - Has no record of any shallow mining or instability issues at the proposed turbine location but consider the risk to be minimal. Coal Authority standing advice should be attached to any grant of planning permission. Representations The proposal was advertised as being a departure by way of site notices and the local press, and neighbour notification letters sent to 33 addresses in the locality. There have been 9 letters of objection from local residents raising a number of comments and concerns which are summarised as follows:

Cumulative Impact – Visual impact of existing and proposed wind turbines in the area/over development in the Green Belt. The area cannot sustain yet another huge wind turbine. The turbine is in a sensitive area and would dominate the immediate landscape compared to existing objects and cannot be considered to be small scale. The application fails to account for other existing and proposed turbines;

The motive for the proposal may not strictly be environmental as there is the possibility of significant income for the applicant. Environmental benefits are secondary to economic advantages.;

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Proposal is contrary to policy (PPS 22 and ES12 of the Barnsley UDP). It would harm the openness of the Green Belt and no mitigation has been proposed. The application underestimates the true impact of the proposal on landscape and visual amenity.

The information provided is brief. The small number of photomontages (3) are misleading as none have been taken from Lee Lane. They show the turbine from locations of least impact. No assessment has been made from the nearest property or public rights of way and other sensitive areas.

Projected output is unrealistic and a report shows that output from turbines has been badly affected by the calm weather conditions during 2011.

An assessment shows that its projected output far surpasses the domestic use of the applicant. The development is on an industrial scale for industrial purposes and adds to the encroachment of industrialisation within the Green Belt. Alternatives should be explored;

Proposal is too close to residential properties. The Noise Impact Assessment is inadequate to demonstrate the predicted noise levels. Noise (particularly at night) would intrude on this peaceful location and the development would have a major effect on quality of life and enjoyment of homes and gardens. Low frequency noise is a health hazard. There would be major upheaval during installation;

Would be inappropriate development in the Green Belt and there are no special circumstances;

Visual impact – Would be significant in an area valued for its natural beauty. Individual turbines detract from the area and deface the character;

Tourism - The area relies on its natural assets to encourage tourism; Ecology - The proposal poses a threat to a sensitive habitat for many species. There is an

abundance of game birds (pheasants) in this locality as well as owls, curlews, lapwings, hawks, buzzards and merlin, and bats;

The applicant has not had any prior consultation with local residents; An Environmental Impact Assessment (EIA) should be carried out; The application lacks any credible assessment of the turbine’s impact on television signals;

and Strobing/Shadow Flicker.

Assessment Material Considerations Principle of development Landscape and visual impact Highways Other environmental impacts Other issues Principle of development The proposed turbine is located within Green Belt. As such it is considered that the proposed development would affect openness and that it constitutes inappropriate development. As previously stated, inappropriate development is, by definition, harmful to the Green Belt and such development should not be approved, except in very special circumstances. Such very special circumstances will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. The proposal is therefore potentially in conflict with Core Strategy Policy (CSP) 34 Very special circumstances may include the wider environmental and economic benefits associated with increased production of energy from renewable resources whatever their scale, and this should be given significant weight in determining proposals.

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There are environmental, economic and social benefits of renewable energy schemes. Such benefits can include:

Reducing carbon emissions and hence the rate of global climate change; Air quality improvements in terms of reduced fossil fuel emissions; Job creation; Increased security and reliability of supply; Potentially cheaper fuel bills; Tourism and farm diversification; Educational opportunities; and Longer term health and improved quality of life.

It is also considered that the significant Government backing given to renewable energy in national guidance, and the need to assist in achieving the various national, regional and local targets as outlined above and in combating climate change may also constitute very special circumstances. Subject to both Blackstone Edge and Spicer Hill Wind Farms being implemented (as expected), wind farm development alone would contribute 26.9MW to the Borough’s RSS 2021 target (34MW) for grid-connected renewable energy capacity. This figure does not include a number of smaller turbines which have been installed and there are a number of other proposals which may come forward in the near future. It is anticipated therefore that the target will be achieved. The target however, is regarded as a minimum and it is expected that targets will be exceeded. No maximum target has been set. The proposed development would make a small contribution towards the target. Whilst the proposal affects the openness of the Green Belt therefore, it may be possible to demonstrate given the policy context, that very special circumstances may exist to outweigh that harm. However, development proposals should demonstrate how any environmental and social impacts have been minimised and that careful consideration needs be given to the visual impact and other harm of renewable energy projects when located in the Green Belt. The visual amenities of the Green Belt should not be injured by proposals for development and development should respect the openness of the Green Belt. All development should be well designed and inclusive, in keeping and scale with its location, and sensitive to the character of the countryside. Visual and Heritage Impact The site lies within Natural England’s broad Yorkshire Southern Pennine Fringe Landscape Character Area which refers to the area as being characterised by slopes dissected by numerous steep-sided valleys with urban development (a matrix of large and small towns) mainly confined by valleys and predominantly pastoral farming. The more specific Barnsley Borough Landscape Character Assessment refers to the area (Ingbirchworth Upland Farmland) as being a stepped landform with scattered farmsteads and fields of pasture strongly defined by distinctive stone walls, and unimproved pasture with scrub on the steeper slopes. The wind farm at Spicer Hill (Royd) is visible on the skyline and disused quarries, shafts and mines indicate the importance of the area for the extraction of coal and stone.

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The Assessment states that the rural character of the area, and its low density settlement pattern and distinctive field patterns, make this landscape particularly sensitive to built development. Landscape sensitivity to built development is judged to be high and landscape capacity is considered to be low. The overall strategy objective should be to conserve the open, undeveloped, rural character of the landscape and restore. Villages and hamlets should remain compact to maintain the rural character and apparent urbanisation should be avoided. The applicant has submitted a limited Landscape and Visual Impact Assessment (LVIA). It suggests that: Landscape Effects:

There would be some changes in the landscape character of the area, but these would be relatively minor and confined to the micro scale and would not be significant;

The key characteristics of the overall landscape would remain intact; and Site specific features such as tree belts and stone boundary walls would be protected and

maintained in situ. Visual Effects:

There is some harm within the moderate adverse categories but this does not necessarily equate to unacceptable harm; and

Due to the narrowness of the turbine and relatively modest height, it is considered that any views would be contained to local views. Any harm is minimised and the openness and qualities of the Green Belt would be preserved.

Cumulative Effects:

The turbine would add an additional vertical structure along with the existing (Royd Moor) wind farm and would read collectively in design and layout terms with this wind farm. When viewed collectively from the south, its scale, design and layout would not appear contrived alongside the existing wind farm.

The above assessment did not take into account the presence of the Hazlehead Wind Farm nor the consented Spicer Hill and Blackstone Edge Wind Farms and as such additional photomontages were therefore requested from the applicant to cover these significant gaps in the assessment. An examination of all of the photomontages and site inspection reveals the following:

The proposed turbine would be clearly visible from the A628 at Fullshaw, some 2km away. The wind turbines making up Royd Moor, Spicer Hill and Blackstone Edge would all appear on the ridgeline to the rear of the proposed turbine and would all be more or less in full view and appear to be of a similar size. In contrast,’, the proposed turbine would appear somewhat isolated in the foreground and only the top of the turbine tower and blades would be visible giving a wholly unsatisfactory appearance.

Similarly, a closer view from the A616, Whams Road at Hazlehead, shows the turbine isolated in the foreground, peeking up above a line of trees. In sharp contrast the turbines making up the other wind farms appear almost as one, on the ridgeline to rear. The presence of an electricity pylon (in full) in the foreground does mitigate to some extent but still leaves the proposed turbine looking visually discordant. Another view from Whams Road near to Watermans Cottages reveals similar issues in terms of isolation and the turbine is more prominent and intrusive being almost in full view. The absence of other vertical structures in the foreground of this view results in openness being compromised.

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The extremely limited and more distant views of the proposed turbine from the villages and surrounds of Crow Edge, Carlecotes, including a public footpath off the B6106 and Millhouse Green appear to be relatively insignificant other than it still appears to be isolated and in some views adds another element to the landscape.

The proposed turbine from the junction of the A616 and B6106, Sledbrook Hill would look very prominent (possibly distracting to motorists at this difficult junction), intrusive and isolated and would add a new element to this view, adversely affecting landscape character. It appears incongruous neither being in the foreground, nor in the distance along the ridge.

From Hollin Lane near Illions to the north of the proposed development, the turbine would look very prominent and isolated, and appearing to emerge from the roof of the small farm shop (former cattle shed) which as previously stated is listed. A line of electricity pylons in the distance does mitigate to some extent but the installation of the turbine would add an extra feature to the view again impacting adversely on landscape character.

From Copperas House off Lee Lane to the east of the proposed development at a distance of approximately 560m the three Hazlehead turbines can be seen in the distance and look much larger and are more prominent in reality than suggested by the photomontage. The proposed turbine appears both prominent and isolated in the photomontage, despite the presence of electricity pylons and no doubt would do much more so in reality. The impact on landscape character is mitigated to some extent however, by the presence of the Hazlehead turbines. Similar comments apply in respect of the view from the nearest property, Hall Gates, just 280m away. The turbine not only appears to be very intrusive despite a belt of trees to the front and isolated but its scale also appears to overpower the listed farm shop, even though it is over 100m away.

The Council’s Design and Conservation Officer has commented that whilst he recognises that the listed buildings close to the proposal site are grade II, he must conclude that due to the prominence and proximity of the proposal site, it would have a negative impact, particularly on the former cattle shed which is currently isolated and not associated with any sort of development. The proposed turbine would erode its current setting and character. The applicant’s submitted Design and Access Statement itself notes that the proposed wind turbine would not relate in form, scale or appearance to these historical features.

In summary, the proposed wind turbine at 34.2m to blade tip is of significant scale and would be viewed from local and more distant areas. It would both be prominent (elevated) and isolated from the farmstead it is intended to serve and existing and proposed wind farms in the area. Whilst the impact on landscape character would be mitigated to some extent by the presence of other turbines, there are a number of views where the proposed turbine would be adding another element to the landscape. The development would significantly harm the openness and visual amenity of the Green Belt and have an adverse impact on visual amenity for both local residents and visitors to the area. The proposed turbine in terms of its design, scale and isolated character fails to retain and enhance the landscape character and distinctiveness of the area. In particular, it fails to conserve the open, undeveloped rural character and compactness of villages and hamlets and would impact adversely on the setting of the listed cattle shed nearby. No mitigation measures in respect of the turbines landscape and visual impact have been proposed. It is considered therefore that the landscape and visual impact of the development has not been minimised contrary to local and national guidance and that the visual amenity of the area is detrimentally affected contrary to local and national guidance. In addition the proposal would have a detrimental impact on the setting of the nearby Grade II Listed Building contrary to CSP30.

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Highways The initial planning application submission implied that very minor access works (temporary widening of gates) would be required in connection with the development. A subsequently submitted Traffic Management Plan however, states that no works would need to be undertaken to accommodate the delivery of the turbine. Vehicular movements associated with the proposed development appear to be very small and any adverse impacts would be during the very short materials delivery period. Any cumulative highway impacts would not be significant. The Council’s Highways and Engineering Section has no objections to the proposal. Other environmental impacts Noise There are two types of noise emanating from wind turbines, mechanical noise from the nacelle (gearbox and generator) and aerodynamic noise from the movement of blades passing through the air. The Department of Trade and Industry report, ‘The Assessment and Rating of Noise from Wind Farms’ (Energy Technology Support Unit - ETSU-R-97), describes a framework for the measurement of wind farm noise, and the Government advises that this should be used by planning authorities when assessing and rating noise from wind energy developments. The applicant has submitted acoustic information and a noise survey in relation to the proposed turbine and states that noise emissions do not present a concern in this case, the nearest residential property being some 300m away. The proposal has been considered by the Council’s Regulatory Services who conclude that the separation distance between the turbine and the nearest property is sufficient to ensure the turbine’s compliance with the requirements of ETSU. However, Regulatory Services suggest the imposition of a planning condition and linked informative on any grant of planning permission as a safeguard. An objection has been received in respect of potential health issues in relation to noise from wind turbines, specifically from infrasound. Research has found however, that modern wind turbines are not sources of infrasound at levels which could be injurious to health. The Companion Guide to PPS 22 (PPS 22CG) states that there is no evidence that ground transmitted low frequency noise from wind turbines (infrasound) is at a sufficient level to be harmful to human health. This view is also shared in recent guidance provided in an article in the March/April 2009 edition of the Institute of Acoustics which concludes that there is no robust evidence that low frequency noise (including infrasound) or ground borne vibration from wind farms generally has adverse effects on wind farm neighbours. A number of planning appeal decisions have accepted this view. It is considered that in respect of noise, the application is satisfactory. Ecology CSP 36 states that the impact on wildlife should be appropriately assessed. The applicant has supplied a Phase 1 Habitat Survey and Protected Species Risk Assessment which concludes that there would be no significant impact on either protected species or habitats, both statutory and non statutory on the application site or in the surrounding area.

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Nevertheless, to mitigate/compensate for the loss of habitat as part of the development it is proposed to erect 15 mixed type bird boxes and 4 bat boxes within the area, though not within 100m of the proposed turbine. The Council’s Biodiversity Officer having examined the submitted information has commented that all ecological concerns are addressed and the effects are not significant. Adequate mitigation has been proposed. In view of the foregoing, it is considered that the proposal in terms of biodiversity issues complies with local and national guidance.. Other issues Shadow Flicker Under certain combinations of geographical position and time of day, the sun may pass behind the rotors of a wind turbine and cast a shadow over neighbouring properties. When the blades rotate, the shadow flicks on and off; the effect is known as ‘shadow flicker’. It only occurs inside buildings where the flicker appears through a narrow window opening. A number of representations have been received in respect of this issue. PPS 22CG advises that problems caused by shadow flicker are rare. A single window in a single building is likely to be affected for a few minutes at certain times of the day during short periods of the year. The effect can be mitigated by siting turbines at sufficient distance from residents likely to be affected. Flicker effects have been proven to occur only within ten rotor diameters of a turbine (i.e. 192m for the turbine in question). As the nearest residential property is some 280m from the proposed turbine, it is considered that shadow flicker would not be an issue and that CS policy CPS6 is satisfied in this respect. Amount of Electricity Generated A number of objectors have raised the issue that the projected output from the turbine is far in excess of the needs of the applicant and that it is of an industrial scale. The applicant states that the size of the turbine is directly linked with the energy demands of the farm and that any excess would be exported to the Grid. It is not clear as to whether the applicant is proposing the turbine as meeting the energy demands of the farm as a very special circumstance for inappropriate development within the Green Belt. Providing renewable energy and helping to tackle climate change however are being put forward as very special circumstances. Information submitted to support the planning application states that the proposed turbine would generate 75,000 kwh per year. Other information suggests that the rated power is 50kw at 9.5 m/s which is ideal for larger farms, schools, hospitals and commercial/industrial sites and would produce 100,000 - 250,000 kwh per year (i.e. far more that the 75,000 kwh stated).Even allowing for the power required by the farm shop and the farm in general, on the face of it, the proposed turbine does appear to be excessive for the energy needs of the farm. If the applicant is therefore proposing the energy needs of the farm as a very special circumstance, it has not been sufficiently demonstrated.

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However, as indicated above, the policy background does provide some backing to the proposal in terms of tackling climate change through the use of renewable energy, providing wider environmental and economic benefits, meeting and exceeding renewable energy targets etc. and in this respect, the suggestion that the output may exceed the needs of the farm holding is not necessarily a bad thing. There is no policy which seeks to restrict output. Indeed the national policy background makes it clear that regional and local policies should promote and encourage, rather than restrict the development of renewable energy resources. It is considered that the resident’s concerns with regard to the output of the turbine stem not particularly from a concern with output but more from the fact that the output provided results in a turbine of 34.2m to blade tip being proposed i.e. the concern is more about the size of the turbine and its landscape and visual, and other potential impacts. These impacts are considered in the other sections of this report. Socio-economics including Tourism Whilst some objectors have raised the issue of potential adverse effects on tourism, there can be a small positive effect with the potential for visitors centres at renewable generation sites, and the possibility of marketing the area as being forward looking and ‘green’, Infrastructure, Telecommunications, Television and Aviation PPS 22CG advises that:

Provided careful attention is paid to siting, wind turbines should not cause any significant problems of electromagnetic interference (e.g. television, radio and microwave links). Experience has shown that when TV and radio reception is affected by scattering of the signal, this is of a predictable nature and can generally be alleviated by the installation or modification of a local repeater station or cable connection;

The Civil Aviation Authority and or Ministry of Defence should be consulted on wind turbine proposals. Lights are only required on structures that are over 150 metres high.

Studies have indicated that wind turbines do not have any significant effect on the reception of digital terrestrial or satellite television. The potential impact on television reception raised by some objectors however, could be dealt with through the imposition of a condition on any grant of planning permission. No objections to the proposal have been received from the Civil Aviation Authority, the Ministry of Defence and the National Air Traffic Service. CS policy CSP6 is therefore complied with in this respect. The issue of structural safety is not a material planning consideration. Decommissioning The applicant states that subject to proper servicing, the life expectancy of the proposed turbine would be 25 years. No restoration proposals have been submitted. However, this issue could be covered by a condition on any grant of planning permission to satisfy CS policy CSP6. Environmental Impact Assessment The proposal has been screened for the need for an Environmental Impact Assessment in accordance with the Regulations. It has been determined that an Environmental Impact Assessment is not required.

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Conclusion The proposed development constitutes inappropriate development within the Green Belt as it affects openness. Such development is considered harmful and should not be approved except in very special circumstances. The applicant has suggested that in providing renewable energy and in helping to tackle climate change, any harm by reason of inappropriateness, and any other harm is outweighed by these considerations and that very special circumstances therefore exist. In respect of any other harm, it appears clear that the proposed turbine would have no significant adverse effects in respect of potential highway, noise, biodiversity, shadow flicker, socio-economics, infrastructure, telecommunications, television and aviation matters subject to the imposition of appropriate conditions on any grant of planning permission. A condition could also be applied to ensure the restoration of the site at the end of the turbine’s life. However, it is considered that there are very significant adverse effects in respect of landscape and visual impact. The proposed turbine would also impact adversely on listed buildings, particularly on the setting of the cattle shed. It is also considered that the harm in these respects and the harm by reason of inappropriateness in this case, are not clearly outweighed by other considerations. As such the application is recommended for refusal. Recommendation Refuse 1 The site is within Green Belt in the adopted Barnsley Unitary Development Plan

which remains unchanged in the adopted Core Strategy. In the opinion of the Local Planning Authority, the proposed wind turbine is sited in a prominent, isolated and exposed location which would appear as an incongruous and visually intrusive feature, yet would still contribute adversely over a wider area to cumulative impact, harming landscape character and the visual amenities of both local residents and the Green Belt, and the openness and appearance of the area. The proposed development is neither well designed nor inclusive or in keeping and scale with its location, and is not sensitive to the character of the countryside.. The Council considers that no very special circumstances have been demonstrated in this case which clearly outweighs identified harm and harm by reason of inappropriateness. Accordingly the proposal conflicts with CS policies CSP6, CSP29 and CSP37.

2 As a result of the prominence and proximity of the proposed wind turbine to listed buildings, it would not protect or improve the character and appearance of the listed structures. In particular, the current setting and character of the listed cattle shed which is isolated and not associated with any sort of development would be eroded. Accordingly the proposal conflicts with CS policies CSP6 and CSP29 and CSP30

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APPROVALS 2011/1562 Mr Steve Gamble Erection of 145 no dwellings, provision of public open space and associated works and infrastructure. Land off Barnburgh Lane adjacent to Engine Lane, Goldthorpe, South Yorkshire, S63

Representations have been received from the residents of 5 local households. Site Description The application site is a field located at the side of the existing housing to the south east of Goldthorpe off Barnburgh Lane. The application site is approximately 4ha in size and is generally rectangular in shape apart from on the southern boundary, which follows the line of a field boundary. It is in use for agricultural purposes at present and is covered by long grass. The site slopes down by a significant amount from north to south with levels approximately 35m Ordnance Datum (OD) on the northern boundary on Barnburgh Lane to approximately 21m OD on the southern. The site is located at the side of existing houses on Barnburgh Lane and Lindale Gardens with a small number of properties overlooking the site to their rear and side along the western boundary. The site does though mainly adjoin land that is open with open distance views to Barnburgh to the east and Bolton-Upon-Dearne and other parts of the Dearne Valley where the site slopes down to the south. A Public Right of Way known as Engine Lane runs alongside the eastern side boundary, which separates the site from continuing fields. Located to the north of the site on the opposite side of Barnburgh Lane are allotments and a public footpath which provides a route to the centre of Goldthorpe. Proposed Development The application is for full planning permission to build 145no dwellings with provision of public open space on the site, along with associated works and infrastructure The proposed development is comprised of 36no 2 bed houses, 78 three beds and 31 four bed properties. House designs are of two storey construction with various different design types proposed. Two different character areas are proposed, ‘Urban’ and ‘Rural’ to add character to the development by providing contrasting palettes of facing materials. The area of Public Open Space would be located in a fairly central location in the development more towards the northern area of the development and Barnburgh Lane. It would be 0.2ha in size and would include a formal LEAP standard play area with 5 pieces of play equipment on it with the remainder forming an informal play area. The application also includes proposals to screen the development from the open field boundary to the east. This would comprise a 10m wide tree planting belt in the field immediately on the other side of Engine Lane.

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The development would also involve the creation of a new inward and outward access into the site from Barnburgh Lane. In addition, the proposed new internal road includes provision for future access to the land adjoining the site to the west/south west (which is also allocated for Housing development) and the land it adjoins to the south which is land under consideration to be allocated for housing in the LDF and is currently Safeguarded. Parking provision for the development would be 213 parking spaces and 64no garages, which includes a mix of integral, attached and detached garages. History There are no records of previous planning applications at the site. Policy Context The site is allocated for housing development in the UDP by policy DE1/13. The policy states that access to the site should be from Barnburgh Lane and the road layout should allow possible future access to the land to the area of Safeguarded Land. In addition, landscaping should be carried out on the eastern boundary with the Green Belt. H4 states that sites shown on the proposals map will be developed primarily for housing purposes. H8A states that the scale, layout, height and design of all new dwellings proposed within 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. Local Development Framework Adopted Core Strategy The site is located in the Dearne Principal Town and is a priority for growth where it is expected 3000 new homes will be built up to 2026. CSP2 ‘Sustainable Construction states that all new dwellings shall be expected to achieve at least a level 3 rating under the Code for Sustainable Homes’. CSP3 states that all developments shall be expected to use Sustainable drainage systems. CSP4 ‘Flood Risk’ states that the extent and risk of flooding shall be reduced by not permitting development where it would be at an unacceptable risk of flooding or would give rise to flooding elsewhere. CSP5 ‘Including Renewable Energy in Developments’ states that all development of 10 or more dwellings shall be expected to incorporate decentralised, renewable or low carbon energy sources and other appropriate design measures sufficient to reduce the developments carbon dioxide emissions by at least 15%. 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.

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CSP15 ‘Affordable Housing’ states that housing developments of 15 or more shall be expected to provide affordable housing. The expected contribution shall be 15% of the overall number of new dwellings proposed in the Dearne Principal Town. CSP17 ‘Housing Regeneration Areas’ states that the Council shall support a range of housing market regeneration programmes aimed at the revitalisation of the neighbourhoods and community amongst other areas. Such support may include:- -encouraging housing growth by granting planning permission for housing redevelopment -addressing the density and mix of housing types and tenure -providing new infrastructure to support the sustainability of communities. CSP26 ‘New Development and Highway Improvement’ states that new development shall be expected to be design and built to provide safe, secure and convenient access for all road users. Policy CSP29 ‘Design’ states that high quality design shall be expected. New housing developments of 10 or more dwellings should achieve a rating of ‘good’ as a minimum under an assessment against the CABE Building for Life scheme. CSP35 ‘Green Space’ CSP36 ‘Biodiversity and Geodiversity’ states that development will not be permitted if harm will result unless effective mitigation and/or compensatory measures can be ensured. CSP39 ‘Contaminated and Unstable Land’ CSP40 ‘Pollution Control and Protection’ CSP42 ‘Infrastructure and Planning Obligations’ Supplementary Planning Documents/Planning Advice Notes 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. ‘Open Space Provision on New Housing Developments’ initially states that provision will be expected on all developments of 20 of more dwellings or more. It further sets out that provision equivalent to 15% of the site area will be expected to be provided. Developments of over 100 dwellings or more will be expected to provide an equipped play area on site and informal landscaped areas. Financial contributions may also be required to enhance existing formal recreation facilities off site if there is a shortfall in quantity and quality in the area. 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 and is underpinned by the principles in the CABE ‘Building for Life’ scheme. Planning Advice Note 30 ‘Sustainable Location of Housing Sites’ is that a housing development sustainability check list should be submitted on all housing developments proposed in the Borough above 0.4ha.

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Main relevant National Policies Planning Policy Statement 1 ‘Delivering Sustainable Development’ Planning Policy Statement 3 ‘Housing’ PPS5 ‘Planning for the Historic Environment’ Planning Policy Statement 9 ‘Biodiversity and Geological Conservation’. PPG13 ‘Transport’ PPG14 ‘Development on Unstable Land’ The draft National Planning Policy Framework is expected to replace existing PPS’s and PPG’s imminently. However, it does not contain anything that would significantly depart from the thrust of the PPS’s and PPG’s referred to above. In addition it is likely to confirm that the primary objective of Development Management is to foster the delivery of sustainable development, not to hinder or prevent development. Consultations Affordable Housing Officer – No objections Coal Authority – No objections subject to conditions Contaminated Land Officer – No objections subject to conditions Dearne and Dove IDB – No objections Design – No objections subject to conditions. Drainage – No objections subject to conditions Education – No objections Ecology – No objections subject to conditions. Environment Agency - No objections subject to conditions Environmental Health - No objections subject to conditions Highways – No objections subject to conditions Planning Policy – No objections in principle SYAS – No objections subject to conditions SYMAS – No objections subject to conditions SYPTE – No objections subject to conditions Yorkshire Water – No objections subject to conditions

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Representations Objections from the residents of 5 households have been received. In summary the main concerns/viewpoints stated in the representations are as follows:-

Overlooking/loss of privacy of existing dwellings located adjacent the site. Loss of open views for existing residents. Noise from the residents of future houses and using the existing public footpath at the side

of the development affecting existing residents. Too many new houses are considered been built in the Goldthorpe area taking away the

green and open spaces. Local services are considered unable to sustain this amount of development without

considerable investment in the surrounding roads and school parking. It is not considered that it would have a beneficial impact on the area with not enough

consideration shown with regards to infrastructure considerations and drainage. Concerns are expressed that the development would affect wildlife including such species

as Great Crested Newts and the smooth snake. Concerns are expressed that the development may affect archaeological remains

The applicants carried out a community consultation exercise prior to submitting the application. The statement included within the application sets out that an event was held in the Dearne Enterprise Centre, Wednesday 7th November 2011. The statement also sets out 22 residents attended. The statement sets out that a mix of comments were received with approximately half expressing support for the proposed development. The other half of comments expressed comments similar to the representations received on the planning application. The applicant has stated that it has sought to positively address the comments received where possible, such as fully assessing habitat value of the site and for protected species. Assessment Principle of development - The site is allocated to be developed for housing purposes, which means that the proposed development is acceptable in land use planning policy terms, subject to the proposals complying with the criteria set out in the allocation policy DE1/13 and an overall compliance with Planning Advice Note 30 ‘Sustainable Location of Housing Sites’. The proposal is considered to be in accordance with UDP policy DE1/13 in that access to the development is proposed via Barnburgh Lane and as the layout includes provision of future access to the remainder of the UDP Housing allocation and to the area of Safeguarded Land adjoining the southern boundary of the site, which is under consideration to be allocated for housing as part of the LDF. In addition, the development includes provision of a 10m wide planting belt to screen the development from the Green Belt boundary to the east. I am also satisfied that the proposals comply with the land use planning policy element Planning Advice Note 30. The main reasons for the development achieving the required scoring criteria are the fact that the site is a UDP housing allocation and because the site is located in the Goldthorpe Principal Town in terms of the LDF/Core Strategy, which is a priority for development whereby 3000 new homes should be built before 2026. The proposed development is therefore considered acceptable in principle for the above reasons.

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Visual Amenity –The design and layout of new housing - To be considered acceptable in design quality terms, proposals for new housing developments of this size are expected to meet standards set out in the now adopted LDF Supplementary Planning Document the Design and Layout of New Housing. In addition developments should achieve the CABE scheme Building for Life score of ‘good’ and embrace the standards in the South Yorkshire Residential Design Guide. There is also the issue of making efficient use of land to consider with new housing developments expected to deliver a minimum 40 dwellings per hectare as part of Core Strategy Policy CSP14 ‘Housing Mix and Efficient Use of Land’. The applicants have been aware of the assessment criteria from the pre-application stage and have sought to design the proposals on that basis. The layout design is compliant with space about dwelling standards necessary for overshadowing and privacy reasons. In addition the required garden sizes would be provided in order to provide the required standards of residential amenity. The development would also be awarded Building for Life points by including the area of Public Open Space as provision for residents and as a central feature as part of the development. The proposed house type designs themselves are traditional in nature being two storeys in height and being predominately either detached or semi-detached. Materials would also be fairly traditional, although two different character areas would exist to give variety and it is considered sufficient variety in the number of house types. In total there would be 14 different house types which would ensure variety. In addition there would be two different character zones ‘Rural’ and ‘Urban’ that would lead to the buildings being constructed out of two different palettes of materials in each area. Different colours would be used on all of the front doors to give individuality to individual dwellings. The proposals also afford adequate room for soft landscaping and variety in the colour and materials of the roads/shared surfaces embraces modern design principles. The proposals are therefore considered to achieve the required standards with regards to design quality considerations. Another visual amenity consideration is the affect on the visual amenity of the adjacent Green Belt. In this respect the proposed 10m wide landscaping belt alongside the eastern boundary is considered to be an adequate screen for the development in order to take into account of this consideration. Other new housing development considerations - The proposals for on site Public Open Space provision have been designed in accordance with the advice given the applicants by Officers following the needs assessment that has been carried out and is therefore assessed to be acceptable. The needs assessment has also informed that a commuted sum is also required to enhance existing facilities off site. In this case it is suggested that monies would be directed towards GS221 Goldthorpe Recreation Ground in order to provide much needed changing facilities. The commuted sum figure that has been calculated is £103,228. This has been accepted by the applicants in principle with a condition is proposed in order to ensure satisfactory provision is delivered.

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The development also includes proposals for the provision of an acceptable level of affordable housing provision (21 dwellings). Again a condition is proposed in order to ensure satisfactory provision is delivered. The applicant has confirmed that the development would be constructed to a level 3 rating under the Code for Sustainable Homes’ which would be in accordance with Core Strategy Policy CSP2 ‘Sustainable Construction’. Residential Amenity - To be considered acceptable in terms of residential amenity considerations, proposals for new housing developments of this size are expected to meet standards set out in the now adopted LDF Supplementary Planning Document the Design and Layout of New Housing. Again the applicants have been aware of the assessment criteria from the pre-application stage and have sought to design the proposals on that basis. The main sensitivity is in relation to the small number of existing properties located next to the site which currently overlook the site in its current open form. Whilst it is acknowledged that the development would alter the existing situation for the residents of the properties, the proposals meet the required standards with regards to the distances between new and existing properties. The proposals are therefore considered to be acceptable in relation to privacy and overshadowing considerations on that basis subject to final agreement regarding levels details. Standard conditions would be recommended in order to limit the effects of noise and dust during the construction phase. Highway Safety - A Transport Assessment has been submitted in support of the application which concludes that the proposals are not envisaged to have any material adverse impact in terms of safety or capacity on the local highway network. Highways are in agreement with the findings of the Transport Assessment and do not object subject to the applicant entering into arrangements to secure the provision of a new 2m wide footpath across the Barnburgh Lane frontage of the site for pedestrian safety purposes and implementation of the measures set out in the travel plan. The proposals have also been designed to be in accordance with the new standards in relation to the ‘Parking’ LDF Supplementary Planning Document of 1 space for dwellings under 3 bedrooms in size and 2 spaces for 3 bed dwellings and above. A total of 255 spaces is therefore provided. Other considerations Ground Conditions – Mining Legacy, Archaeology - The ground investigations have identified that a remediation strategy is needed for the development in order to deal with the mining legacy issues affecting the site, which include the existence of shallow coal workings, a disused mine shaft located to the south of plot no 52 and the potential for others to be found and to deal with any mine gas. The Contaminated Land Officer, Environment Agency, SYMAS and Coal Authority have all accepted these findings and do not object to the development subject to the imposition of appropriate conditions. The site has also been assessed for its archaeological potential with desk top and site investigations being carried out. However, no remains of any significance have been found and SYAS do not object to the proposals subject to a condition requiring the results of the investigations being deposited in the appropriate archives.

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Ecology - The site has been assessed for its biodiversity value and potential. The site contains habitat that is potentially suitable for reptiles including Great Crested Newts. However no evidence of their existence on the site has been identified during survey work that has been carried out. The Councils Biodiversity Officer has been on site to check and agrees with these findings and is content for the application to be approved subject to a fence being erected during construction work as it proposed to stop reptiles migrating onto the site from an existing pond to the south of the site. In addition, any maintenance or clearance work affecting dead trees in the existing hedgerow would need to take place outside bird breeding season. Trees/Hedgerows - Existing vegetation on the site is confined to the boundaries (excluding the Barnburgh Lane on the street frontage which is open) and consists of hedgerows with the occasional tree. On the whole the proposals are to retain the existing hedgerows and trees and protect them during the construction works apart from those identified to be defective following the Tree Survey which has been carried out. The Tree Officer and Biodiversity Officer are satisfied with these details, subject to additional planting being carried out to enhance the existing hedgerows as is proposed in the site landscaping scheme. Drainage/Flood Risk - The Flood Risk Assessment concludes that the site is located in the lowest risk zone 1 and is not at risk from flooding. The drainage authorities have assessed the application and do not object subject to the imposition of conditions to ensure the required on site attenuation storage capacity. This shall require the full drainage design details to be submitted for approval, which shall include the need to reduce the amount of existing surface water run off from the site to reduce the risk of flooding downstream. Conclusion In summary, the proposed development has been assessed and is judged to be acceptable in that:- The site is allocated for housing development by a development plan policy and is therefore acceptable in principle. The development is also in accordance with the Spatial Strategy for the Borough set out in the LDF Core Strategy which identifies the site in the Goldthorpe Principal Town and a priority for housing growth. The development allows for the possibility of adjacent land being developed in the future both in terms of the remainder of the UDP housing allocation and the Safeguarded Land to the south, which is necessary in Planning Policy terms. The proposals would protect the visual amenity of the adjacent Green Belt via the provision of a 10m wide landscaping belt alongside the eastern boundary. The development has been assessed to be acceptable in design quality terms taking into account standards set out in the now adopted LDF Supplementary Planning Document the Design and Layout of New Housing and Core Strategy Policy CSP29 ‘Design’ which is based around CABE scheme Building for Life scheme. The development has been assessed to be acceptable in terms of residential amenity considerations in that the proposals have been designed in accordance with the standards set out in the adopted LDF Supplementary Planning Document the Design and Layout of New Housing.

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The proposal has been assessed by Highways to be acceptable with regards to highway safety considerations subject to the imposition of conditions, including the needs to provide a new 2m wide footway across the site frontage. The proposal is also acceptable with regards to other considerations including an assessment of the ground conditions, ecology, trees and hedgerows and flood risk and drainage and sustainable construction. Therefore it is recommended to the Board that the application is granted planning permission subject to conditions including no development being allowed to take place until the necessary arrangements are in place to secure the delivery of the agreed Public Open Space and affordable housing provision. Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 3 years

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

2 The development hereby approved shall be carried out strictly in accordance with the plans and specifications as approved unless required by any other conditions in this permission or if prior written consent is given by the Local Planning Authority to any variation. -plan no PL-03 rev P 'Proposed Site Layout' -plan no PL-20 'House Type 201 Urban Core' -plan no PL-21 'House Type 201 Country Lane' -plan no PL-22 'House Type 202 Urban Core' -plan no PL-23 'House Type 202 Country Lane' -plan no PL-24 'House Type 301 Urban Core' -plan no PL-25 'House Type 301 Country Lane' -plan no PL-26 'House Type 302 Urban Core' -plan no PL-27 'House Type 302 Country Core' -plan no PL-28 'House Type 303 Urban Core' -plan no PL-29 'House Type 303 Country Lane' -plan no PL-30 'House Type 304 Urban Core' -plan no PL-31 'House Type 304 Country Lane' -plan no PL-32 'House Type 309 Urban Core'

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-plan no PL-33 'House Type 309 Country Lane' -plan no PL-34 'House Type 310 Urban Core' -plan no PL-35 'House Type 310 Country Lane' -plan no PL-36 'House Type 400 Urban Core' -plan no PL-37 'House Type 400 Country Lane' -plan no PL-38 'House Type 401 Urban Core' -plan no PL-39 'House Type 401 Country Lane' -plan no PL-40 'House Type 403 Urban Core' -plan no PL-41 'House Type 403 Country Lane' -plan no PL-42 'House Type 405 Urban Core' -plan no PL-43 'House Type 405 Country Lane' -plan no PL-44 'House Type 406 Urban Core' -plan no PL-45 'House Type 406 Country Lane' -plan no PL-15 'Single Garage' -plan no PL-16 'Double Garage' -plan no PL-17 'Garage between dwellings' Reason: In order to define the permission for the avoidance of doubt.

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 CSP29 '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 CSP29 'Design'

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5 The development shall not begin until a scheme for the provision of affordable

housing as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex B of PPS3 or any future guidance that replaces it. The scheme shall include: i. The numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 15% of housing units/bed spaces; 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'

6 The development hereby permitted shall not begin until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of the public open space shown on plan no PL-03 rev P 'Proposed Site Layout' and 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'

7 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) measures to prevent parking on Barnburgh Lane; b) provision of 2m wide footway on the site frontage; c) provision of/alteration to street lighting; d) provision of / alterations to drainage; e) any necessary signing/lining 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.

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8 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 -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

9 Development shall not commence until details of the phasing of the development has been submitted and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details. Reason: To ensure a safe and adequate highway network, in the interest of road safety

10 Vehicular and pedestrian gradients within the site shall not exceed 1:12. Reason: In the interest of highway safety

11 The access/parking/garaging/manoeuvring facilities indicated on the approved plan shall be provided prior to the development being brought into use, and shall be retained for that sole purpose at all times, Reasons: In the interests of highway safety and in accordance with Core Strategy Policy CSP26 'New Development and Highway Improvement'

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 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. Reasons: In the interests of highway safety and in accordance with Core Strategy Policy CSP26 'New Development and Highway Improvement'

13 The Bryan G Hall Residential Travel Plan ref 11-354-002.01 shall be implemented in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of promoting use of public transport, in accordance with CSP25 'New Development and Sustainable Travel'

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14 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 CSP40 'Pollution Control and Protection'.

15 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 first dwelling is occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and the amenities of occupiers of adjoining property and in accordance with Core Strategy Policy CSP29 'Design'

16 The dwellings shall achieve a 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 issued for it certifying that Code Level 3 has been achieved. Reason: In the interest of sustainable development.

17 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 fencing Tree protection plan (TPP) Arboricultural method statement (AMS) The erection of fencing 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 ensure the continued well being of the trees in the interests of the amenity of the locality.

18 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 for the site and the 10m wide landscaping belt adjacent Engine Lane shown on plan no PL-03 rev P 'Proposed Site Layout', including road surface materials, 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 dwellings. Reason: In the interests of the visual amenities of the locality.

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19 All planting, seeding or turfing comprised in the approved details of landscaping

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

20 No existing hedges or trees on the site (except those shown to be removed on the approved Tree Survey), or their branches or roots, shall be lopped, topped, felled, or severed. If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such a size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. Reason: To safeguard existing trees/hedges, in the interests of the visual amenities of the locality

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

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

23 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 watercourse. Reason: To prevent damage to the existing culverted watercourse.

24 Unless otherwise agreed in writing by the local planning authority, no building or other obstruction shall be located over or within 4.0 (four) metres either side of the centre line of the sewer, which crosses the site. Reason: In order to allow sufficient access for maintenance and repair work at all times

25 Unless otherwise approved in writing by the local planning authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. Reason: To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal

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26 No development shall commence until a scheme of measures for the treatment of

shallow mine workings and for the location and treatment of recorded mine entry has been submitted to and approved in writing with the Local Planning Authority. The development shall only be implemented in accordance with the approved details including any mitigation measures which are identified as being necessary. Reason: In order to address potential land instability issues in accordance with CSP39 'Contaminated and Unstable Land'

27 The biodiversity precautionary mitigation protection measures identified in SLR Report ref 424.02437.00004 'Great Crested Newt Survey' shall be implemented 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 prevent any potential impacts on protected species in accordance with Core Strategy Policy CSP36 'Biodiversity and Geodiversity'

28 Prior to commencement of development details of a scheme for biodiversity enhancement to include 5no house sparrow and 5 no starling boxes has been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to occupation of the dwellings and retained as such thereafter in perpetuity, unless otherwise agreed in writing by the Local Planning Authority. Reason: To enable proper consideration of the impact of the development on the contribution of nature conservation in accordance with PPS9: Biodiversity and Geological Conservation.

29 Unless otherwise agreed in writing with the Local Planning Authority, all windows and doors shall be recessed by 75mm. Reason: In the interests of the visual amenities of the locality and in accordance with Core Strategy Policy CSP29 'Design'.

30 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'.

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The development shall only be implemented in accordance with the approved details including any mitigation measures which are identified as being necessary. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and in accordance with Core Strategy Policy CSP40 'Pollution Control and Protection'.

31 No development, including any demolition and groundworks, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for archaeological investigation and this has been approved in writing by the Local Planning Authority. The WSI shall include: -The programme and method of site investigation and recording. -The requirement to seek preservation in situ of identified features of importance. -The programme for post-investigation assessment. -The provision to be made for analysis and reporting. -The provision to be made for publication and dissemination of the results. -The provision to be made for deposition of the archive created. -Nomination of a competent person/persons or organisation to undertake the works. -The timetable for completion of all site investigation and post-investigation works. Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed. Reason: To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.

32 Unless otherwise agreed in writing no dwelling shall be occupied until a 1 year Travel Master Pass has been provided to the first occupier of each dwelling in accordance with details to be submitted and agreed in writing with the Local Planning Authority. Reason: In the interests of reducing the need for car travel to and from the site.

33 No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run-off limitation into the West Moor Dike watercourse has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with an approved programme and details. Reason: To prevent the increased risk of flooding.

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2012/0021 Bickmore Finance Ltd Erection of 48 industrial units for B1 and B2 uses with associated car parking and landscaping (Extension of time limit of application 2008/0760) Ings Road, Wombwell, Barnsley, S73 0BP

2 letters of objection have been received. Site Layout and Description The site is an approximately 1.97 hectare level rectangular area which has a frontage onto Ings Road. The previous use was as a Council depot for storage and industrial purposes. The existing buildings on the site comprise of large concrete sectional buildings along with a number of smaller modern steel portal framed buildings. Surrounding these buildings are areas of soft and hard landscaping. To the north of the site, and on the opposite side of the road, is a modern residential estate. Immediately to the east is a sewage treatment works, which lies within the Green Belt. To the west is a recreational field. Open land which is traversed by a stream runs to the south of the site. History Permission was granted on the 8th April 2009 to demolish the existing buildings and erect 48 small industrial units on the site (BMBC Ref: 2008/0760). The units located closest to Ings Road, blocks H and J, would be two storey brick office buildings. The remaining buildings, forming blocks A, B, D, E, F and G would consist of identical metal sheeted units arranged in blocks of 4, 6, or 10 separated by internal roads. The existing vehicular access off Ings Road would serve as the main site access. Areas of soft landscaping are proposed along the boundaries of the site. The current permission expires on the 8th April 2012. It is important to note that neither the site, nor its context has altered considerably from the time of the original grant of planning permission. Proposed Development The applicant seeks permission to extend the time allowed to implement permission reference: 2008/0760. A Transport Statement, Travel Plan and Flood Risk Assessment were submitted to support the initial application, all which were produced by various arms of Ardent Consulting Engineers. These are still considered relevant today.

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Policy Context National Planning Policy PPS4: Planning for Sustainable Economic Growth states that development should be

encouraged where it creates employment opportunities and produces or generates an economic growth or output.

PPS25: Development and Flood Risk states that developments should not increase flood risk

on a site or elsewhere. PPG13: Transport states that new development should ensure that jobs are accessible by

public transport, by foot and by bike. National Planning Policy Framework The draft NPPF carries forward most of the principles contained in the aforementioned statements and as such the proposal would continue to accord with national planning policy. Furthermore the document lends support to proposals which encourage sustainable economic growth. National Guidance Greater Flexibility for Planning Permissions states that local planning authorities should take a positive and constructive approach towards applications which improve the prospect of sustainable development being taken forward quickly. Barnsley Unitary Development Plan (Saved Policies) The site is designated as an Employment Policy Area and lies adjacent to a Housing Policy Area. As such the following UDP policies are of relevance: ED7 (& WW5) Existing Employment Areas (Ings Road Depot, Low Valley) which states that

employment policy areas will remain in employment use. ED4 Economic Development and Residential Amenity which states that proposals for new

economic development close to existing dwellings will be assessed with regards to its likely impact on residential amenity in terms of air and noise pollution, and their potential to cause visual intrusions and that those which have significant adverse effects will not be allowed.

Barnsley LDF Core Strategy The Barnsley LDF Core Strategy was adopted in September 2011 and now forms part of the Development Plan for the Borough alongside the remaining saved policies of the Unitary Development Plan. As a consequence of this change in policy, several of the policies which were used to assess the 2008 application no longer apply. They include Policies GS9 Visual Amenity, T2 Development and the Highway Network and BE6 Design Standards. Policy GS9 was used to assess the impact of a development on the visual amenities of the Green Belt. Policies BE6 and T2 set out criteria for assessing good design and the impact of a new development on highway safety.

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These policies have however been replaced with the following CSP 26, CSP 29 and CSP 34. CSP 26, New Development and Highway Improvement deals with highway safety matters. CSP 29, Design encourages a high standard of design. CSP 34, Protection of the Green Belt is relevant to all new developments within or conspicuous from the Green Belt. Also now of relevance are policies CSP2, CSP3, CSP 4, CSP 5, CSP 19, CSP 25 and CSP 40. CSP 2 Sustainable Construction which states that all non residential development will be expected to achieve at least BREEAM standard of very good so as to minimize its overall resource and energy consumption. CSP 3 Sustainable Urban Drainage states that all development will be expected to use SUDS. CSP 4 Flood Risk Area states that development will only be acceptable where it would not be at an unacceptable risk of flooding or give rise to flooding elsewhere and to achieve this the policy expects all development proposals on brownfield sites to reduce surface water run-off by at least 30% and development on greenfield sites to maintain or reduce existing run-off rates. CSP 5 Including Renewable Energy in Developments states that all major developments will be expected to incorporate decentralized, renewable and low carbon energy resources and other appropriate design measures sufficient to reduce the development's carbon dioxide emissions by at least 15% for applications submitted up to 2015. CSP 19 Protecting Existing Employment Land states that existing employment land, or land last used for employment purposes will be retained in order to safeguard existing or potential jobs. CSP 25 New Development and Sustainable Travel states that sustainable travel should be facilitated and encouraged. CSP 40 Pollution Control and Protection states that new development would be assessed for its impact on the amenities of any local residents and the local environment and that any adverse effects should be mitigated. Consultations Dearne and Dove Drainage Board: No objections Drainage - No objections subject to the previous conditions being applied to any grant of permission conditions Environment Agency – No objections subject to the previous conditions being applied to any grant of permission conditions Highways – Have raised no objections to the proposal subject to the imposition of conditions Policy: No objections Regulatory Services – No objections subject to conditions Yorkshire Water – No objections Representations Two letters of objection were received highlighting the following issues: The traffic the development will generate will be a problem The existing drainage system will not be able to cope with any additional run off Proposed tree belt is very small There is no demand for new industrial units Noise created by the development will be an issue

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Assessment Principle - The site previously operated as a Council depot incorporating storage and industrial uses. It also lies within an Employment Policy Area. The proposal, which would result in the site being utilized for general industrial purposes, B1 and B2 uses specifically, would be similar in nature to the previous use whilst maximizing its employment potential through the provision of a wide range of relatively affordable industrial units which it is hoped will appeal to local businesses. As local and national planning policies, including the Draft NPPF, PPS4, LDF Core Strategy Policy CSP 19 and UDP Saved Policy ED7, support proposals which facilitate the re-use of employment sites for employment purposes and generate new employment opportunities locally, the proposal remains acceptable in principle. Residential Amenity - When the application was considered in 2008 it was accepted that the proposal would involve a more intensive usage of the site than has previously been the case however as the site had always been in industrial use some disturbance and activity on it would/should always be expected. Furthermore it agreed that the units proposed would attract small scale rather than large scale businesses which would likely generate less heavy goods traffic and activity on the site overall. Regulatory Services have inspected the plans and are confident that subject to the imposition of conditions to control, amongst other things, the boundary treatments, operations during the evenings and early mornings, to prevent outside storage and to set the level of sound insulation which would be incorporated into the fabric of the buildings, that the proposal would not have a significant detrimental impact on the amenities of the occupiers of the dwellings which surround the site. With regards to the proposed buildings, it is considered that these would be located a sufficient distance from the existing adjoining dwellings to prevent any harmful effects. Block J is close to the garden area of no. 116 Ings Road, however, as the western elevation of that building would not contain any windows, would be located more than 6 metres from the boundary of the site and in particular 17m from the side blank gable to that dwelling, it is not considered that it would appear overbearing, give rise to any problematic overshadowing or create any privacy issues. Visual Amenity - The existing buildings on the site are in a poor state of repair due to the fact they are unoccupied and the site in general appears unkempt. Overall it does little to enhance the character and appearance of the area. The proposal would facilitate the replacement of these buildings with simple modern metal sheeted units which would have a clean and coherent appearance. The most prominent buildings are the two office buildings as these are located close to site access. However these would have a traditional appearance, being two storey brick structures with tiled roofs, be sited to follow the existing building lines and would be screened to a degree by areas of landscaping and as such it is not considered that they would appear out of place on the site. Although it is noted that the site borders the Green Belt to the south and east and as such regard should be had to the impact of the development on openness and its visual amenities, the boundaries of the site will be landscaped which will help to soften and screen the development and therefore mitigate any adverse effects. Highway Safety - Highways raise no objections to the proposal and did not request an addendum to the original Transport Assessment. They consider that the site is highly suitable for the proposed employment development as it is located on a main road with links to the Dearne Valley

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Parkway, is located within walking distance of a large number of dwellings and is accessible by public transport. They consider that the access has sufficient visibility and will be wide to accommodate all vehicles associated with the development. Although it is accepted that the development will increase the amount of traffic on the local highway network during the day time in particular they consider that it has sufficient capacity to absorb this increase without detriment to the free flow of traffic in general. Whilst the development will generate a demand for parking they consider that a sufficient number of parking spaces will be provided within the site to prevent owners/occupiers of the buildings on the site parking on the surrounding roads. They also consider that the parking and turning areas are sufficiently large to allow HGV’s to manoeuvre within the site without affecting the on-site car parking arrangements. To reduce the overall demand for on-site parking and to encourage take up of sustainable travel modes in line with Policy CSP 25, a draft Travel Plan was submitted to support the application containing a series of measures which could be taken forward to reduce the number of journeys which will be made by single occupancy private car. A condition will be attached to any grant of permission which will ensure that the measures contained in the plan are taken forward. Drainage - It is acknowledged that the site was subject to flooding in 2007 and in view of this the applicant submitted a Flood Risk Assessment with the initial application which concludes that the development will not increase the risk or flooding on or near to the site. Full and foul water drainage details will however be requested by condition from the developer prior to the commencement of development to ensure that any surface water run off from the development is suitably controlled to ensure this, and that SUDs are incorporated into the development to meet the requirements of Policy CSP 3. With regards to Yorkshire Water’s previous comments Block H on the scheme was repositioned to allow adequate protection of the main inlet to the adjoining water treatment works. As adequate access can now be provided to the inlet, Yorkshire Water raise no objections subject to the imposition of conditions. Conclusion The development remains acceptable in principle. Whilst it is acknowledged that it will involve an intensive usage of the site it is not considered that this would be to the detriment of the amenities of the occupiers of the adjoining dwellings, the streetscene the visual amenities of the area or highway safety. The Government states that when assessing applications for extensions to time limits, Local Planning Authorities should not unpick the principle of developments which have been considered acceptable previously, unless policies or the sites immediate environs have altered considerably from the time of the original grant. As there have been no significant changes to the site or its context and as the proposal complies with the new and emerging policies, including most importantly Barnsley LDF employment policies, it is considered that the application should again be recommended for approval, subject to conditions.

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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 (Site Layout Dwg No. SK11 Rev D; Landscaping Plan; Dwg No's: SK07; SK12; SK13; SK15; SK16; SK17; SK18; SK19; SK20; SK21; SK22; SK23; SK24; SK25) and specifications as approved unless required by any other conditions in this permission or if prior written consent is given by the Local Planning Authority to any variation. Reason: In the interests of the visual amenities of the locality and in accordance with Barnsley 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 Barnsley LDF Core Strategy Policy CSP 29, Design.

4 All planting, seeding or turfing comprised in the approved details of landscaping (Entitled 'Landscaping Plan') shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which die within a period of 5 years from the completion of the development, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority give written consent to any variation. Reason: In the interests of the visual amenities of the locality and in accordance with Barnsley LDF Core Strategy Policy CSP 29, Design.

5 The parking/manoeuvring facilities, indicated on the submitted plan, shall be surfaced in a solid bound material (i.e. not loose chippings) and made available for the manoeuvring and parking of motor vehicles prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: In the interest of highway safety, in accordance with Barnsley LDF Core Strategy Policy CSP 26, New Development and Highway Improvement.

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

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7 Within six months of the site becoming operational a draft Travel Plan shall be

submitted to the Local Planning Authority and once it has been approved it shall be fully implemented, unless otherwise agreed in writing with the Local Planning Authority. Reason: In order to encourage sustainable transport and in accordance with Barnsley LDF Core Strategy Policy CSP 25, New Development and Sustainable Travel.

8 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) The provision of two bus shelters on Stonyford Road. 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 and in accordance with Barnsley LDF Core Strategy Policy CSP 26, New Development and Highway Improvement.

9 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 " Wheel washing facilities " Measures to control the emission of dust and dirt during construction " Measures to control noise levels during construction " A scheme for recycling/disposing of waste resulting from demolition and construction works Reason: In the interests of highway safety, residential amenity and visual amenity and in accordance with Barnsley LDF Core Strategy Policy CSP 26, New Development and Highway Improvement and CSP 40, Pollution Control and Protection.

10 All construction or remediation work including the deliveries of materials shall take place only 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 Barnsley LDF Core Strategy Policy CSP 40, Pollution Control and Protection.

11 Prior to occupation of any of the buildings on the site full details of external lighting shall be submitted to and approved in writing by the Local Planning Authority. Details shall include the location, orientation, angle and luminance of the lighting. The approved details shall be implemented prior to occupation of the buildings and retained as such thereafter, unless otherwise agreed in writing by the Local Planning Authority. Reason: To protect the amenity of existing and future occupiers from glare and/or nuisance light in accordance with Barnsley LDF Core Strategy Policy CSP 40, Pollution Control and Protection.

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12 Notwithstanding the submitted plans, prior to commencement of development details

of the boundary treatments shall be submitted to, and approved in writing by, the Local Planning Authority. Along the northern and western boundaries, excluding the vehicle access, this shall consist of an acoustic barrier and the barrier shall be 2m in height and constructed from brick with no gaps between or below the panels. The scheme shall then proceed in accordance with the approved details. Reason: In the interests of residential amenity and in accordance with Barnsley LDF Core Strategy Policy CSP 40, Pollution Control and Protection.

13 The building shells shall be constructed so as to provide sound insulation against internally generated noise of not less than 35dB(A) with doors and windows closed, taking into consideration any vents or outlets. Reason: In the interests of neighbouring amenities and in accordance with Barnsley LDF Core Strategy Policy CSP 40, Pollution Control and Protection.

14 There shall be no external storage of goods, unless otherwise approved in writing with the Local Planning Authority. Reason: In the interests of visual amenity and in accordance with Barnsley LDF Core Strategy Policy CSP 29, Design.

15 There shall be no HGV vehicle movements or use of mechanical handling equipment outside the hours of 07:00 - 19:00. Reason: In the interests of residential amenity and in accordance with Barnsley LDF Core Strategy Policy CSP 40, Pollution Control and Protection.

16 All roller shutter doors and doors for personnel shall be kept closed except for access and egress to and from the units, between the hours of 18:00 - 08:00. Reason: In the interests of residential amenity and in accordance with Barnsley LDF Core Strategy Policy CSP 40, Pollution Control and Protection.

17 The development shall be carried out in accordance with the approved Flood Risk Assessment (FRA) by Ardent Consulting Engineers, Ref: E630-02. Dated August 2008 and shall incorporate all the proposed mitigation measures detailed in that FRA. Reason: To reduce the risk to the property in the event of flooding and to accord with CSP 4 Flood Risk

18 Unless otherwise agreed in writing by the Local planning Authority , no building or other obstruction shall be located over or within: a) 3.0 (three) metres either side of the centre line of the water mains, which crosses the site b) 6.0 (six) metres either side of the centre line of the 675mm live sewer c) 3.0 (three) metres either side of the centre line of the 675mm live sewer. Reason: In order to allow sufficient access for maintenance and repair work at all times.

19 The site shall be developed with separate systems of drainage for foul and surface water on and off site. Reason: In the interest of satisfactory and sustainable drainage.

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20 No development shall take place until details of the proposed means of disposal of

foul and surface water drainage, including a scheme to reduce surface water run-off by 30% and details of any balancing works and off -site works, have been submitted to and approved by the Local Planning Authority . Furthermore, the discharge volume into the public sewerage system shall be limited to that resulting from the previous use of the site. Reason: To ensure that the development can be properly drained and in order to prevent overloading of the public sewer network and the receiving waste water treatment works.

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

22 Unless otherwise approved in writing by the Local Planning Authority no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. Reason: To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal.

23 Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge. Roof drainage should not be passed through any interceptor. Reason: In the interest of satisfactory drainage.

24 No development shall take place until works have been carried out to provide adequate facilities for the disposal and treatment of any waste materials, including trade effluents, in accordance with details to be submitted to and approved by the Local Planning Authority . Reason: To ensure that the development can be properly drained without damage to the local water environment.

25 No development works shall begin until a report, endorsed by a competent engineer experienced in ground contamination and remediation matters, has been submitted and agreed with the Local Planning Authority. The report shall, amongst other matters, include the following:- 1. An assessment as to the degree to which the site may be affected by any contamination, including borehole and trial pit results. 2. Measures to test and evaluate the site for the purposes of identifying contamination throughout the duration of the development. 3. Measures to treat or remove any contaminated materials encountered and the methodology to be employed. These procedures should be summarised in a remediation statement. 4. Steps to be taken to prevent any environmental pollution by any such contaminated material encountered.

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5. Measures to prevent risks to health and safety of the general public and any persons working on the site. 6. Consideration of any Waste Management issues of any remediation measures. 7. The subsequent certification/validation reports are submitted, showing that the site has been satisfactorily remediated and that the development of the site can be safely occupied The development shall thereafter be undertaken in full accordance with the submitted report. Reason: To protect the environment and ensure the site is suitable for the proposed use.

26 Prior to commencement of development, details of a scheme to reduce the developments carbon dioxide emissions by at least 15% by using decentralised, renewable or low carbon energy sources or other appropriate design measures shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and upon completion of the development a report shall be submitted to and approved by the Local Planning Authority demonstrating that at least a 15% reduction in carbon dioxide emissions has been achieved. In the event that the use of other decentralised, renewable or low carbon energy sources or other appropriate design measures are also required to achieve a 15% reduction in carbon dioxide emissions, full details of such proposals and a timetable for their implementation shall be submitted to and approved in writing by the Local Planning Authority prior to installation. The approved details shall be implemented in accordance with the approved timetable and all the approved measures shall be retained as operational thereafter, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of sustainable development, in accordance with Barnsley LDF Core Strategy Policy CSP 5, Including Renewable Energy in Developments.

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2012/0236 SJM Developments Ltd Erection of doctors surgery and ancillary accommodation with third party pharmacy and cafe, car parking and landscaping. Land adjacent Woodland Drive, Barnsley, S70 6PQ

Two letters of objection have been received Site Location and Description The site forms part of a larger area of open space measuring approximately 0.4 hectares which is bounded by Woodland Drive to the south west, retained green space to the north and various trees, vegetation and boundary fences of neighbouring properties and garages to the north east and south east. Historically the site supported a community building but this has been demolished and all traces removed. Levels are generally flat although there is dip within the site which identifies the location of the former building. There are open views across the site from the highway and access can be taken freely. Woodland Drive is a lightly trafficked residential estate which comprises of low density housing. Proposed Development The application seeks full planning permission for the erection of a doctors surgery with a pharmacy, café, associated ancillary accommodation, car parking and landscaping areas. The application has been accompanied with a Design & Access Statement, Geo-Environmental Desk Study and Tree Survey. The building would be located in the south east corner of the site at the rear of nos 3-9 Woodland Drive and nos 51-59 Broadway. It would be set back from Woodland Drive by 42m overlooking a car park providing 39 spaces. The north western part of the site would be laid out as open space to reflect the adjacent area of open space that would remain. The building would be ‘L’ shaped and single storey in height but would have a mono-pitched roof rising towards the elevations overlooking the car park so that it would appear as a two storey structure when viewed from within the car park. The building external walls would be constructed from a white brick on the front elevation and a light render on the rear as a reference to existing properties on Woodland Drive. Internally the building would provide 680m² of accommodation which would support 4 General Practitioners facilitating the relocation of the existing Doctors Surgery (Dr Ali) at no. 91 Dodworth Drive. These premises have failed to meet Care Quality Commission standards and constraints with the premises mean that it is not possible to bring them up to the necessary standards. Planning History B/05/1069/BA – Outline application for residential development – Approved

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Policy Context The site is allocated as a community facility on the Saved UDP proposals map. The following polices are therefore considered to be material to the determination of the application. Saved UDP Policies BA35: The community facilities shown on the proposals map will be protected against other forms of development. Adopted Core Strategy CSP4 ‘Flood Risk’ sets out that the extent and risk of flooding shall be reduced by requiring that the development on Brownfield sites should reduce runoff by at least 30%. 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. CSP29 ‘Design’ sets out that high quality design that contributes to a healthy, safe and sustainable environment is required. CSP35 ‘Green Space’ Strives to improve areas of existing green space within the Borough CSP40 ‘Pollution Control and Protection’ the Council shall not allow development of new housing where existing air pollution, noise, smell, dust, vibration, light or other pollution levels are unacceptable and there is no reasonable prospect that they can be mitigated against. CSP43 ‘Educational Facilities and Community Uses’ Community uses should be located centrally to the communities they serve, in places where they will be accessible by walking, cycling and public transport. Supplementary Planning Document Residential Amenity and the Siting of Buildings. Proposals should maintain high levels of privacy, amenity and outlook. Consultations Coal Authority: No objections support the recommendations of the Geo-Environmental Desk Study Design: No objections. Drainage: No objections subject to recommended conditions. Highways DC: No objections subject to recommended conditions. Forestry Officer: No objections subject to recommended conditions. Regulatory Services: No objections. South Yorkshire Police ALO: No objections provide general guidance as to how the development could received Secure by Design accreditation. Yorkshire Water: No objections

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Representations The application has been advertised by way of a site and press notice and properties which share a boundary to the site have been consulted in writing. Two letters of representation has been received the reasons for which can be summarised as follows: (No. 9 Woodland Drive) The area of Greenspace should be retained as a Children’s play area

as there is a deficiency within the local area. (No.7 Woodland Drive) Woodland Drive is a quiet area the development will see it become

very busy and noisy with cars parking basically next to my garden.

Assessment Principle of development - Outline planning permission has previously been granted for residential development at the site. Whilst this permission is no longer extant it does provide an indication that the sites redevelopment could be tolerated. The site is allocated for community uses and as such the proposal is compatible with the UDP land use allocation. Generally the provision of new community facilities is encouraged where there is an identified need and such uses would be readily accessible to and convenient for the intended catchment population. In this regard the proposal is required to accommodate the relocation of existing Doctors Surgery within the area. The proposal would provide a modern state of the art health centre offering a range of services and facilities which is conveniently accessible to the local populous. The UDP allocation is a reflection of the sites previous use but since the site was cleared it has since been grassed over and forms part of a larger area of local Greenspace. In recognition of this the provisions of policy CSP 35 applies to the determination of the application. This policy aims to protect areas which function as Greenspace unless suitable compensation for its loss can be secured. This matter has been raised with the applicant and following successful negotiations it has been agreed that a clause will be included within the land sale agreement requiring the payment of £32k to fund improvements to local green space, which could potentially fund the creation of a ‘pocket park’ on the remaining area of Greenspace (within Council ownership) that is to the north of the site, therefore providing immediate benefit to residents of the locality. This strategy is also supported by the representation that has been made from the local resident. Having regard to the above, in principle the proposal complies with saved UDP policy BA35 and Core Strategy policies CSP35 and CSP43 H8B. However the scheme also has to be assessed in terms of its impact on neighbouring residents, the character and appearance of the area and on highway safety. Residential Amenity - The building would be sited directly to the rear of nos 7-9 Woodland Drive, which are a pair of semi detached dwellings, with car parking directly to the rear of nos 3-5 (semi detached bungalows) and as such the occupants of these dwellings are most likely to be affected by the proposal. Supplementary Planning Document Residential Amenity and the Siting of Buildings indicates that proposals should maintain high levels of privacy, amenity and outlook with reference made to a 25 degree rule which is used to calculate whether a building would appear overbearing. The document also suggests a separation distance of 25m between existing dwellings and new non residential buildings. However, it does state that distances between new buildings and existing dwellings may be relaxed depending on a number of factors such as height, levels and landscaping.

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To reduce the scale of the building and to achieve a successful relationship to nearby residential properties the building has been designed with a mono-pitched roof. This design approach means that the finished eaves height on the rear elevation would be just 2.8m above the finished floor level (FFL). The FFL of the centre would also be approximately 0.5m below that of nos 7-9 Woodland Drive meaning that the eaves height would be in the region of 2.3m above FFL of these dwellings. Assuming the centre of their ground floor window is 1.3m above FFL, with the proposed building a distance of 11.6m away the angle would be approx 5 degrees. This is because the eaves of the proposed building would only be 1m higher, which means that proposal would be well within the 25 degree rule referred to in the SPD. In addition, a soft landscaped buffer would be created along the boundary to further soften the appearance of the building. Concern has been expressed by a local resident regarding noise and disturbance from the development, in particular the car park. Whilst some parking spaces are located at the rear of nos 3 and 5 Woodland Drive, the access and majority of the parking would be in excess of 25m from the boundary. Screening is also proposed in the form of a new boundary fence and soft landscaping. Inevitably there would be moderate increase in noise at the locality but this would not be significant enough to warrant additional mitigation and this is reinforced by colleagues in Regulatory Services. Previously there was a building on the north western part of the open space with the south eastern part undeveloped. This proposal would see the building located in the south eastern corner leaving the north western corner open. This approach should make the rear boundaries of the properties on Broadway and nos 3-9 Woodland Drive much more secure. Design and Visual Amenity - The site is part of a wider parcel of land which currently serves as a Greenspace. Extending along Woodlands Drive with an open aspect the site is locally quite prominent. The proposals strive to deliver an attractive building that relates to the locality in terms of scale and setting. The design takes a modern somewhat contemporary form. Sited back from the highway, the building would follow existing boundary lines and the established pattern of development. The layout also allows the inclusion of large area of soft landscaping to the frontage which will serve to soften the appearance of the building and parking areas and complement the character of the locality as a whole. In addition the open space to the north west would benefit from greater levels of natural surveillance compared to if the open space were to remain in the south east corner of the site. The primary material for the external elevation would be white brickwork, to break this up and add an element of interest coloured vertical render panels are proposed above openings along the Woodland Drive Frontage. A feature has been made of the sites entrance with the inclusion of additional glazing and a large coloured canopy which adds an element of prestige to the development. A robust hard and soft landscaping strategy has been proposed that provides variety and visually appealing spaces. To soften the appearance the overall appearance and setting of the building soft landscaped margins would be provided around three sides of the sites perimeter. This would provide a natural buffer to adjacent properties within the street. Internally within the site there will be formal seating areas, raised planters and feature lighting to public areas. There is also proposals to introduce new tree planting along the highway boundary, this would provide structure and character to the site and greatly enhance its setting within the streetscape. The site would be secured by a 2m high paladin (wieldmesh fence) painted forest green. This provides the benefit of security and allows a high degree of transparency from outside of the site. Having full consideration to the design merits of the proposal and the layout of the scheme it is considered that the development adheres to the objectives of policy CSP29.

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Highways - The site is located within a lightly trafficked, predominantly residential area with some on street parking around the existing residential properties. The proposal would see the introduction of a new vehicle access onto Woodland Drive that would be approximately 18m from the junction of Glenmoor Avenue. This arrangement ensures that no conflict arises between vehicles accessing the site and those approaching the Woodland/Glenmoor junction. Provision is made for a 43 space car park and service area for the centre. The car park would be located across the sites frontage and has been designed to accommodate suitable manoeuvring arrangements for vehicles using these areas. Provision is made within the site for a covered cycle store and it is also of note that Woodland Drive is located on a bus route with a stop being located immediately opposite to the site. The design of the car park and the number of spaces is acceptable to meet standards for the provision of staff and visitor spaces. Proposals also make appropriate provision for service vehicle access and waste collection. As such the proposed health centre would adhere to the provisions of policy CSP26 in that it will not have an adverse impact upon highway safety. Trees - There is only one tree within the development area, a Silver Birch which requires removal for arboricultural reasons regardless of the development. The remaining trees are all situated on or just over the boundary and as such with adequate protective fencing should remain unaffected during the development of the site. No arboricultural issues are raised with the proposed development but in order to ensure that no damage occurs to remaining trees then the forestry officer recommends that protective fencing is erected during the construction phase of the development. Conclusion The development is compatible with the sites saved UDP allocation and it is not considered that it will have any undue impact upon the amenity of nearby residential properties, highways safety or the local environment as a whole. The proposal offers a building of a high design quality which would provide a valued community facility and would comply with Core Strategy policies CSP 26, 29, 35, 40 and 43. 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 project 2128-21 (PL) 003 Rev A, 004, Rev A 005 Rev A, 006 Rev A) and specifications (Design & Access Statement, Geo-Environmental Desk Study ref REP/REV/01, Tree Survey & AIA Ref BE-R-R0998-03, BREEAM Ecological Assessment Ref BE-R-1176-01) as approved unless required by any other conditions in this permission or if prior written consent is given by the Local Planning Authority to any variation. 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 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.

4 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.

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

6 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 boundary treatments 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 and boundary treatments shall be implemented prior to the occupation of the buildings. 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 All planting, seeding or turfing comprised in the approved details of landscaping

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

8 The development hereby permitted shall not begin until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of or enhancement to off-site public open space. The provision or enhancement of the off site open space shall be provided prior to completion of the development in accordance with the approved scheme. Reason: In the interests of residential amenity to ensure adequate provision of public open space to meet local needs in accordance with Core Strategy Policy CSP 42, Infrastructure and Planning Obligations.

9 Prior to occupation of the building/commencement of the use, full details of external lighting shall be submitted to and approved in writing by the Local Planning Authority. Details shall include the location, orientation, angle and luminance of the lighting. The approved details shall be implemented prior to occupation of the building/commencement of the use and retained as such thereafter, unless otherwise agreed in writing by the Local Planning Authority. Reason: To protect the amenity of existing and future occupiers from glare and/or nuisance light in accordance with Core Strategy Policy CSP 40.

10 Prior to commencement of development an investigation and risk assessment to assess the nature and extent of any contamination on the site shall be submitted to and approved in writing by the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archeological sites and ancient monuments;

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

11 Prior to commencement of development details of tree protection fencing shall be submitted to and approved in writing by the Local Planning Authority. The approved fencing shall be installed before 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.

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 carried out and shall be submitted for the written approval of the Local Planning Authority, which shall identify defects attributable to the traffic ensuing from the development. Any necessary remedial works shall be completed at the developer's expense in accordance with a scheme to be agreed in writing by the Local Planning Authority. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

13 The parking/manoeuvring facilities, indicated on the submitted plan, shall be surfaced in a solid bound material (i.e. not loose chippings) and made available for the manoeuvring and parking of motor vehicles prior to the development being brought into use, and shall be retained for that sole purpose at all times. Reason: In the interest of highway safety, in accordance with Core Strategy Policy CSP 26.

14 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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2012/0240 Ms Jo Birch Use of land as a children's play area including installation of play equipment (Resubmission) Cannon Hall Country Park, Bark House Lane, Cawthorne, Barnsley, S74 4AT

Two letters of objections have been received from local residents Cawthorne Parish Council have objected The Council is the applicant for this scheme. Site Location and Description Cannon Hall is a country house museum set in 70 acres of historic parkland. For almost 300 years Cannon Hall was home to the Spencer, later Spencer – Stanhope family, who made their fortune in the iron industry. The Hall is Grade II* listed and enjoys a prominent elevated position looking down the park to the south east side down to the lake in the bottom. The parkland and gardens were landscaped in the 1760s by Richard Woods of Chertsey. At this time an avenue of trees were planted to enhance and frame the view of the Hall from the south when looking north up the slope, creating what is an original historic vista. The site relating to this application is a rectangular shaped piece of land located to the east of the car park and to the north of the lake. The site lies between the southern most pond and the lakeside water. The site forms a clearing, with trees all around it providing a good visual screen Access to the site is directly from the car park. Proposal This application is a resubmission of an earlier proposal ref 2012/0010 which was withdrawn following discussions. It was felt the previous location which was between an historic avenue of trees would impact on views of the hall from the lakeside and vice versa. As a consequence an alternative siting was sought. The application seeks to provide an inclusive play area for children visiting Cannon Hall, accessible to all young children to play in the natural environment. Such are the requirements the play equipment must be located close to disabled parking and toilet/changing facilities. Funding has been identified by the Disabled Children’s Unit via the Aiming High Scheme. The fund totalling £40, 000 is supported by the Barnsley Disabled Children’s Parents and Carers Group to provide an accessible play space within the grounds of Cannon Hall Country Park. The proposal has been assessed both from a Health and Safety and Risk Management perspective and their suggestions and advice has resulted in the design submitted.

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The proposals consist of the insertion of the following items of equipment:- 1. Jukebox – techno wide slide. Consisting of an area 9.6 by 11.4 metres which will have a

cushioned area of bark/sand and rubber tiles. The apparatus itself is 7.5 by 5.9 metres and 3.35 metres in height.

2. Traditional Play – team swing. Consisting of an area 3.5 by 3.9 metres which will have a cushioned area of bark/sand and rubber tiles. The apparatus itself is 2.5 by 3.5 metres and 2.6 metres in height.

3. Movers – the inclusive orbit. Consisting of an area 6 by 6 metres which will have a cushioned area of bark/sand and rubber tiles. The apparatus itself is 2 by 2 metres and 1 metres in height.

4. Interactive Play – Play panels. Consisting of an area 1.8 by 2.5. The apparatus itself is 1.16 by 0.1 metres and 1.6 metres in height.

5. Traditional Play – junior swing (2bay). Consisting of an area 7.5 by 8.1 metres which will have a cushioned area of bark/sand and rubber tiles. The apparatus itself is 6.8 by 2.5 metres and 2.6 metres in height.

6. Outdoor Classroom – shelter. The apparatus itself is 4.6 by 4 metres and 3.2 metres in height. The apparatus is of mainly timber construction with the exception of the roundabout which is steel. In addition two boulders and two timber logs are proposed. Grass lock tiles are used around the equipment to provide a soft landing. The whole are is fenced off with a 1.2 metre timber palisade fence with two gated entrance points.

Policy Context

Unitary Development Plan – Green Belt and Listed Parkland National Polices Planning Policy Statement 1 (Delivering Sustainable Development) – aims, amongst other matters, to effectively protect the environment, promote the prudent use of natural resources, protect and enhance the natural and historic environment and address the causes and potential impacts of climate change. Planning Policy Guidance 2 (Green Belts) – the primary purpose of Green Belts is to preserve their openness and help protect the countryside from urban sprawl and development. There is a presumption against inappropriate development in the Green Belt and any such development should not be approved unless accompanied by very special circumstances which outweigh conflict with the policy by reason of harm. Within PPG note 2 it is stated that in absence of very special circumstances development should be considered inappropriate unless for the following purposes: 1. Agriculture or forestry; 2. Essential sport and recreation facilities; 3. Limited extension or alteration to a dwelling; 4. Limited infilling of villages and provision of affordable housing; 5. Limited infilling or redevelopment of major existing developed sites identified in the Local Plan. PPS7 – Sustainable Development in Rural Areas

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Under page 19 paragraph 35 of PPS 7 it is stated: The provision of essential facilities for tourist visitors is vital for the development of the tourism industry in rural areas. Local planning authorities should: (i) plan for and support the provision of general tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres. Where new or additional facilities are required, these should normally be provided in, or close to, service centres or villages; (ii) allow appropriate facilities needed to enhance visitors’ enjoyment, and/or improve the financial viability, of a particular countryside feature or attraction, providing they will not detract from the attractiveness or importance of the feature, or the surrounding countryside. The draft NPPF states that policies should support sustainable rural tourism and leisure developments that benefit rural businesses, communities and visitors and which respect the character of the countryside Local Polices Local Development Framework - Barnsley Core Strategy CSP 34 – Green Belt – National Guidance in PPG2 sets out some uses which are generally accepted in the Green Belt. We will not allow proposals for other types of development unless it can be shown that there are very special circumstances that justify setting aside local and national policy. In these cases we will weigh up the harm that would be caused by allowing development that would not normally be allowed in the countryside against any potential benefits. Other Core Strategy Policies that would apply if the proposal is deemed to be acceptable in principle would include: CSP2 - Sustainable Construction – states that new development should demonstrate how it minimises resource and energy consumption CSP20 – Promoting Tourism and Encouraging Cultural Provision – states that the Council will promote tourism and encourage the growth and development of cultural provision. CSP21 –Rural Economy – states that encouragement will be given to a viable rural economy that will not have a significantly harmful impact on the Green Belt. CSP29 - Design – states that a high quality of development will be expected. CSP 30 – The Historic Environment – states that development which affects the historic environment will be expected to protect or improve the character and/or appearance of Listed Buildings. CSP 36 - Biodiversity and Geodiversity – states that development will be expected to conserve and enhance the biodiversity and geological features of the borough. CSP40 - Pollution Control and Protection – states that 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.

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Consultations Cawthorne Parish Council – Object to the proposal on the following grounds:- 1. Inappropriate development in the Green Belt in that this is an urban type development which

should not be permitted in the Green Belt, particularly in a designated Country Park as such a development is entirely at odds with the ethos of a Country Park.

2. The proposed site for the play equipment is very close to two unfenced ponds, which create a

genuine Health and Safety hazard for children who would be using the play equipment, if installed.

3. There have been reports from the local police in recent times of anti social behaviour etc.,

particularly in the evenings and hours of darkness – a play facility such as this will act as a magnet for youths thus increasing the likelihood of such behaviour.

4. The site is within the curtilage of the historic garden of Cannon Hall. Previous applications for

less intrusive projects within the historic garden have been refused because they have been within the historic garden, therefore on that ground alone this Parish Council can see no justification whatsoever for allowing this project to be approved.

English Heritage – No objection Garden History Society – No comments received Drainage – No objection Forestry Officer – No objection Conservation – No objection Representations Two individual letters of objection have been received raising the following concerns:- Increased activity around car park will result in disturbance through noise and add to the

volume of traffic utilising what is already a narrow busy road – Bark House Lane. Already a play area at Cannon Hall Farm Proposal would spoil a Country Park – which provides several country pursuits for all ages. The playground equipment as proposed is appropriate for urban parks which are more

formal in their structure· and are usually located on the edge or within urban areas. It is possible to construct an' adventure' for children by using trees, mounds and imagination by the developers which would be more in keeping with the ethos of the country park. These would be attractive to children without providing a base for anti social activities in the evenings.

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Assessment Material Consideration Principle of development Location Design Residential Amenity Visual Amenity Impact on trees Highway Safety Principle of development - Within PPG note 2 it is stated that in absence of very special circumstances development should be considered inappropriate unless for the following purposes: 1. Agriculture or forestry; 2. Essential sport and recreation facilities; 3. Limited extension or alteration to a dwelling; 4. Limited infilling of villages and provision of affordable housing; 5. Limited infilling or redevelopment of major existing developed sites identified in the Local Plan. This is also reflected in Policy CSP 34 of the Core Strategy. The proposed new play equipment is considered to enhance the visitor experience of an existing Country Park which provides recreation for the local community. Under page 19 paragraph 35 of PPS 7 it is stated: “The provision of essential facilities for tourist visitors is vital for the development of the tourism industry in rural areas. Local planning authorities should: (i) plan for and support the provision of general tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres. Where new or additional facilities are required, these should normally be provided in, or close to, service centres or villages; (ii) allow appropriate facilities needed to enhance visitors’ enjoyment, and/or improve the financial viability, of a particular countryside feature or attraction, providing they will not detract from the attractiveness or importance of the feature, or the surrounding countryside.” It is considered that the additional play equipment supplements the visitor attraction and enhances the facilities available, and that the scheme has been sited in a location where its impact is minimized to the greatest extent. The play facility would be the only one in the Borough which complies with the Disability Discrimination Act (DDA) and allows access for the less able, as such it is considered to meet the essential requirement. The proposal is therefore considered inline with policy providing it complies with the other criteria of the policy and does not result in detriment to the visual amenity or openness of the green belt. Location chosen - The location of the play facility is adjacent the eastern edge of the car park which allows ease of access and puts it in close proximity to the toilet and changing facilities, which meets the criteria required for DDA compliance. In addition the site is well screened by a band of trees which run around the edge of the proposed site, and it will not impact on any vantage point or view of the main Listed Hall up the hillside.

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Design - The equipment proposed has been designed predominately in natural timber with the exception of the roundabout. The timber appearance of the play equipment will allow it to blend in to the Park and reduce its visual impact. The play area proposes a defined boundary with a timber 1. 15 metre high fence surrounding the play area to provide a safer environment. The location and design has taken into account both Risk Management and Health and Safety advice. Given these factors the design and materials put forward are considered in keeping with the Park and comply with policy CSP 29 and 34 of the Core Strategy. Residential Amenity - The site is a 100 metres from the nearest residential property West Lodge located to the west across the car park. Concerns have been raised from objectors that the play are may attract anti social behavior. The park is open to all and it is not considered that the introduction of a play area would increase or encourage anti social behavior any more so than could already occur. The play area is located such a distance from residential dwellings that it is not considered to impact on enjoyment or privacy levels. The proposal as such is not considered prejudicial to residential amenity. Visual Amenity - The proposed play area whilst introducing new development into the Green Belt, the layout put forward is of a spacious nature within an existing clearing which best retains the open views through the park from the car park. The location adjacent the large hard core car park also presents the least visual impact on the broader Country Park to the east with the band of trees around the site providing a good visual screen from within it. As such the area will appear as an extension of the built form of the car park rather than an erosion of the wider Country Park to the east of the site. The proposal puts forward a well conceived design of sensitive materials, which best suit the location and the function the equipment is required to serve. The location is well screened from the Hall and as such protects its setting and listed status. Whilst it cannot be argued that the proposal does not have a visual impact it is felt that this is sufficiently mitigated through the sensitive siting, design, surrounding screening and needs required for DDA compliance that on overall balance the proposal is acceptable and preserves the overall character of the Country Park. Impact on Trees - There are some large, significant trees surrounding the site and one within it adjacent the eastern edge of the car park. A tree survey has been provided and there is no requirement to remove any of the large trees, however two small trees within the site are to be moved to other locations. The tree officer has looked at the proposals and subject to conditions requiring tree protection measures to be submitted prior to development no objection has been raised. Highway Safety - The proposal is not considered to result in a proliferation of additional traffic and adequate parking provision is present adjacent the site. As such the proposal is not considered to adversely impact on highway safety.

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Conclusion The proposed play area is located within a listed park and the green belt – its purpose is to provide a DDA compliant play facility and as such is required in the location put forward due to its proximity to the car park and facilities. The site is a clearing surrounded and well screened by trees which will preserve the impact on both the visual amenity of the Green Belt and the listed parkland itself. The proposal provides an essential play facility which will be accessible for the less able persons to enjoy the recreation it will offer. As such the proposal puts forward a small well designed facility which will preserve the wider parkland and is not considered excessively detrimental to the visual amenity of the Green Belt. Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 3 years

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

2 The development hereby approved shall be carried out strictly in accordance with the plans and specifications as approved unless required by any other conditions in this permission or if prior written consent is given by the Local Planning Authority to any variation. Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.

3 Prior to the commencement of development or other operations being undertaken on site in connection with the development, the following documents prepared in accordance with BS5837 (Trees in Relation to Construction 2005: Recommendations) shall be submitted to and approved in writing by the Local Planning Authority: Root protection areas (RPA) Tree protection plan (TPP) Arboricultural method statement (AMS) Details of no-dig construction proposals for areas of car park and drive including cross-sections and plans showing relevant area. 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 and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.

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4 The erection of fencing 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 and in accordance with Core Strategy Policy CSP 36, Biodiversity and Geodiversity.

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2012/0252 Mr Andie Nixon Fell 1 Oak tree (T1) and 1 Sycamore (T2) within TPO/1/1964 Barnsley Crematorium, Doncaster Road, Ardsley, Barnsley, S71 5EH

This application is before Members as the Council is the applicant There have been no letters of objection Description The trees form part of a woodland within Ardsley Crematorium and are situated adjacent to the rear boundary of 47-49 Roehampton Rise. The site is steeply sloping with the woodland area elevated in relation to the dwellings. Proposed Development The applicant seeks permission to remove 1no Oak tree and 1no. Sycamore tree within TPO 1/1964. Policy Context The statue law on TPO’s is in the Town and Country Planning Act 1990 and in the Town and Country Planning (Trees) Regulations 1999, which will be replaced by the Town & Country Planning (Tree Preservation) Regulations 2012 on 6th April 2012. Primarily the aim of making a TPO is to protect the amenity value of the tree or trees. Local Planning Authorities may make a TPO if it appears to them to be: 'expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area'. The Act does not define 'amenity', nor does it prescribe the circumstances in which it is in the interests of amenity to make a TPO. Normally trees should be visible from a public place e.g. road or footpath for a TPO to be made but the courts have decided that trees should be protected for “pleasure, protection and shade they provide”. Taking this into account trees should be considered for other aspects of amenity that they provide other than visual amenity. Government advice and guidance available on the administration of TPOs, is:- ‘Tree Preservation Orders: A Guide to the law and Good Practice’ 2000. This guidance states that ‘Local Planning Authorities (LPAs) must include in their plans land use and development policies designed to secure the conservation of natural beauty and amenity of the land. Plans should not, however, include policies which are unrelated to the development or use of land. They should not therefore include the LPA's policies for deciding applications for consent under a TPO; but they should include policies on measures that the LPA will take, when dealing with applications to develop land, to protect trees and other natural features and provide for new tree planting and landscaping.’ In deciding an application the LPA’s are not required to have regard to the development plan. Section 54A of the Act, 88 therefore, does not apply to the LPA's decision, which means that there is no general duty on the LPA to make their decision in accordance with the development plan.’

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Consultations Tree Officer – approve subject to conditions Representations None received Assessment In line with good practice, primarily the aim of making a TPO is to protect the amenity value of the tree or trees. In considering TPO applications the LPA is advised: (1) to assess the amenity value of the tree or woodland and the likely impact of the proposal on the amenity of the area, and (2) in the light of their assessment at (1) above, to consider whether or not the proposal is justified, having regard to the reasons put forward in support of it. Visual Amenity - The area of trees to the rear of Roehampton Rise is very densely populated with trees which are protected by a large TPO which covers the woodland area to the rear of these properties. The area contains a varied mix of trees, many of which were planted specimens, however the area has become over populated and many of the specimens are now poor quality due to the over population. The Oak tree and Sycamore tree have grown at very acute angles over the neighbouring properties and their removal would allow the other trees to flourish in their absence. Therefore the works proposed are appropriate, in line with good arboricultural practice and would not have a detrimental impact on the character of the area. Recommendation Grant subject to:- 1 The proposed tree works should be completed within 2 years of the date of this

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

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

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BARNSLEY METROPOLITAN BOROUGH COUNCIL

PLANNING APPEALS

1st February – 29th February, 2012

APPEALS RECEIVED The following appeals have been received during this month Reference Details Method of

Appeal Committee/Delegated

2011/1386 Display of hoarding style sign Barnsley Plumbing Centre, Cundy Cross Roundabout, Barnsley

Written Representation

Delegated 16/01/2012

2011/1219 Change of use from warehousing and distribution (B8 to shop/retail (A1) (Resubmission) Vista Carpets Ltd., Greenside, Mapplewell, Barnsley

Written Representation

Delegated 23/11/2012

2011/1261

Erection of 1 block of 4 two storey studio apartments Land at St Austell Drive, Barugh Green, Barnsley

Written Representation

Delegated 16/12/2011

2011/0965

Erection of detached double garage with office space above and side two storey extension to dwelling 1 High Birch, Packhouse Court, Ingbirchworth, Sheffield

Written Representation

Delegated 25/10/2011

2011/1553

Change of use from petrol filling station (sui generis) to hand car wash (sui generis) Former Star Filling Station, Pontefract Road, Cudworth, Barnsley

Written Representation

Delegated 16/02/2012

APPEALS WITHDRAWN There were no appeals withdrawn during the month of February APPEALS DECIDED There were no appeals decided in the month of February 50 Appeals decided since April 2011 9 Appeals allowed since April 2011 82% of all appeals dismissed since April 2011