Report of the Assistant Director Planning and

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Report Precis

Report of the Assistant Director Planning and Transportation to the Planning Regulatory Board Date: 18/03/2014

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

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Background Papers

These are contained within the application files listed in the following schedule of planning applications. They are available for inspection at Barnsley Library and Information Services, The

Civic Centre, Eldon Street, Barnsley, S70 2JL.

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INDEX

2013/1390 Approval Page 5

Demolition of existing shop units, parking deck and Library and erection of a Sixth

Form Teaching Centre. Units 1-17 Barnsley Central Library, Shambles Street, Barnsley, S70 2JF


Residential development of up to 200 dwellinghouses and additional retail facility

with primary access off Lee Lane (Outline) Land to the North of Lee Lane Royston Barnsley S71 4RT


Erection of 3 no. turbines wind farm with a height of 80m to hub and 126.5m to

blade tip, including substation building and ancillary infrastructure. (Environmental Impact Assessment)

Park Spring Road, Little Houghton, Barnsley


Construction of two storey Construction Centre including teaching workshops,

classrooms and external teaching yard. Barnsley College, Honeywell Lane Campus, Barnsley, S75 1BP

2013/0784 Refusal (Joint Report) Page 71

Erection of a wind turbine (79m to blade tip) Sheephouse Farm, Mortimer Road, Cubley, Penistone, Sheffield, S36 9FJ

2013/0747 Refusal (Joint Report) Page 71

Erection of a 60m meteorological mast (for a temporary 24 month period) Sheephouse Farm, Mortimer Road, Cubley, Penistone, Sheffield, S36 9FJ


Erection of 2no. dwellings Land Adjacent 36 Quest Avenue, Hemingfield, Barnsley, S73 0QB

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Erection of detached garden room and extension of residential curtilage

(Retrospective). 7 Far Townend, Dodworth, Barnsley, S75 3TQ

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APPROVALS

2013/1390 Mr Andrew Fairest Demolition of existing shop units, parking deck and Library and erection of a Sixth Form Teaching Centre. Units 1-17 Barnsley Central Library, Shambles Street, Barnsley, S70 2JF

15 Letters of objection received Background Cabinet approval was granted to granted to demolish the existing library site on the 12th February. Temporary planning permission (ref 2013/1256) has been awarded in December for the relocation of the central library to Wellington House. The Council is committed to delivering a new purpose built library to the value of £4 million as part of the earmarked £41 million regeneration of the town centre. A recent application was made to English Heritage to list the library building. This application was turned down on the 17th February 2014 as the building was not considered to be of Special Architectural or Historic Interest to warrant being listed. Site Location and Description The site covers an area of approximately 0.6 ha. It is situated within the town centre on the western boundary of the Market Hill Conservation Area immediately to the rear of the Town Hall. It is at present developed and comprises of the three storey Central Library Building which is adjacent to a former retail parade and decked parking area. The site is predominantly hard surfaced although a landscaped strip does exist along the northern boundary. The site is rectangular in shape with levels falling from its northern boundary to Westgate with Shambles Street to the South. It is bounded to the east by St Marys Place and to the West by the John Rideal House. Also nearby are the Town Hall and Lamp Room Theatre (both listed), Magistrates Court and office developments contained within Westgate and Gateway Plazas. Vehicular access to the site is taken from two sides with an undercroft parking/service area accessed from St Marys Place and the upper level of the parking deck from Westgate. Three pedestrian routes cross the site which connect Westgate and St Mary’s Place to Shambles Street. Proposed Development The application has been submitted for full planning permission for the demolition of the existing library, no.s 1-17 Shambles Street and associated infrastructure to allow for the construction of a new sixth form college and associated service/parking area. The college strive to provide a contemporary, landmark building to provide a state of the art learning environment. The proposals would provide approximately 6993m² of new build accommodation within a 4 storey building. The building has been designed for a student occupancy of around 1200 learners and approximately 80 staff. These students would comprise of a mixture of full and part time learners. In brief the accommodation would be as follows:

Mixture of standardised classrooms and IT environments,

Specialist facilities for science, media, art and design,

Multi-purpose lecture/performance space,

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Open Plan personalised learning zones,

Internal social areas including cafeteria,

Staff and storage areas. In addition to the above a new enhanced area of public realm/landscaping is proposed between the buildings western elevation and John Rideal House. This would also accommodate a minor diversion to the existing pedestrian link between Westgate and Shambles Street. The design of the building has been underpinned by the following principles:

Retention of a strong architectural concept that clearly distinguishes the man element of the building

Need to provide a visual harmony with the adjacent Town Hall

Use of limited palette of high quality materials

Creation of a landscaped rooftop heartspace

Extensive use of glazing at ground floor level to provide active frontages and connections to the streetscape

Maximise opportunities for natural daylight.

Creation of an area of Public Open Space with diverted public footpath. Principle materials to be used in the construction would be Portland Stone, feature panel brass/bronze, red/brown brickwork and powder coated aluminium windows. The design incorporates sustainable techniques and a target BREEAM rating of excellent has been identified. An initial pre-assessment has been undertaken which identifies that this will be achievable. Core to the design concept will be a number of key sustainable features:

Focus on passive design maximising natural light and ventilation

Higher specification to the thermal insulation (above Building Regs)

Use of recyclable materials where appropriate

Energy efficient heating and lighting systems

Incorporation of on-site renewable technologies to achieve a 15% target in CO2 emissions.

Enhancing the ecological value through the site. Vehicular access to the site would be taken from the existing entrance off St Marys Place. Provision has been made for 16 spaces which would be located within an undercroft area between the building and Westgate. All deliveries and serving would also be taken from this point, with refuse collected from the highway. Planning History No.s 1-17 Shambles Street is covered by an extant planning permission (Westgate Phase 2) under planning permission B/04/1244/B. This comprises of a five-storey B1 office block accommodating A1/A2/A3 and D2 uses as well as parking, access and landscaping arrangements. As mentioned previously, temporary planning permission (ref 2013/1256) has been awarded in December for the relocation of the central library to Wellington House Policy Context Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy, saved Unitary Development Plan policies. The Council has also adopted a series

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of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation. Core Strategy CSP1 Climates Change CSP2 Sustainable Construction CSP3 Sustainable Drainage Systems CSP4 Flood Risk CSP5 Including Renewable Energy in Developments CSP8 The Location of Growth CSP25 New Development and Sustainable Travel CSP26 New Development and Highway Improvement CSP27 Parking Strategy CSP29 Design CSP30 The Historic Environment CSP31 Town Centres CSP 35 Green Space CSP 36 Biodiversity and Geodiversity CSP40 Pollution Control and Protection CSP43 Educational Facilities and Community Uses Saved UDP Policies BE7 Public Art SPDs/SPGs & other relevant guidance SPD Parking Town Centre – Public Spaces Strategy BMBC Building Heights Study The Remaking Barnsley: Strategic Development Framework 2003-2033 Emerging Development Sites and Places DPD Proposed allocation: Town Centre Town centre area action plan policies: AAP3 – Public Spaces AAP5 – Landmark Buildings AAP6 – Building Heights AAP7 – Gateways AAP22 – Westgate NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved

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unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. In respect of this application, relevant policies include: Chapter 1 Building a strong, competitive economy Chapter 2 Ensuring the vitality of town centres Chapter 4 Promoting sustainable travel Chapter 7 Requiring good design Chapter 10 Meeting the challenge of climate change Chapter 12 Conserving and enhancing the historic environment Consultations Barnsley Urban Renaissance Design Advisory Panel – The scheme has been presented to the panel on two occasions. The design has subsequently been amended to address many of the points raised by the panel Members. Biodiversity Officer – Recommend that measures are introduced to improve the biodiversity potential for the site. Civic Trust – Consider that the development is of a high quality, functional and sympathetic contemporary design that maximises the benefits of the location. Concerns raised over the lack of consultation of the library’s relocation. Coal Authority – Recommends that to assess the potential influence of mining legacy issues a condition should be applied requiring an intrusive site investigation to be undertaken. Conservation Officer - No objections the design, scale and materials have been carefully chosen to respect the adjacent Town Hall and nearby Conservation area. Contaminated Land Officer – No objections subject to a condition being applied requiring a site investigation report to be undertaken. Design – Supportive of the proposals. The building would deliver a modern and contemporary facility at a strategic gateway into the town. Recommend that standard conditions are applied in relation to materials, landscaping and renewable technologies. Drainage – No objections subject to recommended condition. Forestry Officer – Development would not result in the loss of a significant number of trees these would be more than compensated for within the proposed landscaping scheme. No objections subject to recommended conditions. Highways DC – No objections subject to conditions Parks Services: Supportive of the scheme, pleased that here will be no loss to existing POS but that the area will be enhanced by the planting of additional trees and shrubs. Public Rights of Way – No objections, identify that an application has been made to close and divert public right of way across the site.

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Regulatory Services – No objections subject to conditions. SYAS – There are potential archaeological implications associated with the development, recommend a conditional approval. SYMAS – Identify that the site falls marginally within a coal mining referral area. Recommend that appropriate site investigation works are undertaken to allow for the design of appropriate foundations. SYPTE – No objections the site is in a central location. SYPALO – Identify how security within the site could be improved. This can be addressed by condition. Yorkshire Water – No objections subject to conditions. Representations The application has been advertised by way of a site and press notice and adjacent premises have been consulted in writing. In response to the proposals 15 letters of objection have been received the reasons for which can be summarised as follows:

The consultation process on the library’s closure was non-existent, the Council have engaged with the public prior to allowing the college to submit the proposals.

The library could be retained and the new sixth from building accommodated on the site of no.1-17 Shambles Street. The library could then continue to be a valued resource for both the general public and students.

The library was renovated in 2006/07 at a cost of £1.7m this is a waste of public money.

Wellington House is not a suitable building to relocate the library to.

With continued cuts to the budget how can the Council guarantee the delivery of a new library.

13,000 people signed the petition to oppose the demolition of the library.

The library is a fine example of 1970’s architecture and should be retained.

The library is an important part of the political and social history of Barnsley.

The proposed realignment of the footpath will be less convenient to the public.

The amount of public open space is unnecessary and will become a maintenance liability.

The library is in the ideal position being next to three bus stops and placed next to the new ‘Experience Barnsley’.

The library’s design does not respond architecturally to the Town Hall.

The layout and appearance of the building is unsympathetic to the character of the area.

The large influx of students will conflict with traffic raising the likelihood of serious accidents. Assessment Principle of Development Planning applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In the context of Barnsley the Development Plan comprises the adopted Core Strategy, and the remaining saved polices in the Unitary Development Plan. The principal policies that are considered most relevant in the determination of this application are highlighted above. The National Planning Policy Framework is a material consideration in planning decisions and this advises that Local Planning Authorities should approach decision making in a positive way to foster the delivery of sustainable development.

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Local Planning Authorities are advised to look for solutions rather than problems and decision takers at every level should seek to approve applications for sustainable development where possible. Within this overall framework the main issues in considering this application relate to:-

The acceptability of a new College at this town centre site in policy terms;

The impact of the proposed new building and associated works on the character and appearance of the adjacent Conservation Area and setting of the Town Hall;

The contribution to place making;

The impact of the activity from the new use in terms of traffic and pedestrian movements and associated parking requirements

The sustainability credentials of the proposals. The Council has an adopted vision for the future growth of the town centre. The aim is to develop it as a vibrant centre that is thriving, economically active and supported by good retail, leisure, community facilities, public realm, car parking, visitor and night time economy. The site is located within the Westgate District of the centre. Traditionally this has been defined as being the Civic Heart of the town, this principally stems from the prevalence of public buildings within the area. However, more recent development has brought new uses to the district and consolidated it as the commercial core. This includes the mixed-use Gateway Plaza, which comprises office, hotel, leisure and residential uses, and the Council offices at Westgate Plaza 1. This commercial nature would have extended to the site had extant planning permission for West Gate Plaza 2 been implemented across the land still occupied by no.s 1-17 Shambles Street. Nonetheless the principles of this outstanding permission are material to the consideration of this application. In terms of land use the Town Centre remain the hub for new Commercial development within the Borough. The College is amongst the largest providers of education within the Borough. Recent years have seen extensive expansion of their property portfolio, with recent development including the new state of the art Campus Old Mill Lane and continued Development of their Honeywell site. The organisation is therefore a substantial investor and employer within the Borough, which also contributes significantly towards the onward regeneration of the town. Investment within Education is a key priority, improvements to overall attainment will help to support the future development of the economy. The development of a building for higher educational use is seen as appropriate within a town centre setting, with uses being complementary to many of the services which the centre has to offer. This scheme is considered to be economically and socially sustainable as the new campus will increase student and staff numbers within the centre itself, their presence to which would give a major and timely boost to local businesses and importantly, hopefully attract new investment into the town. Large numbers of students and staff will also be on the immediate doorstep of local shops and services along Shambles Street which should help to change its fortunes. In addition, with public transport converging on the centre the site would be highly accessible from all areas within the Borough as well as those beyond its boundaries. This is considered to be environmentally sustainable. The proposed location complies with policy CSP43 ‘Education Facilities and Community Uses’, which states that new education facilities should be located centrally to the communities that they serve, in places where they shall be accessible by walking, cycling and public transport. As such these considerations should be afforded significant weight in favour. However, the development should demonstrate that it would improve the setting of the Town Hall, enhance the physical strategic links between key commercial locations, repeat the scale and mass of existing new development and respect the Conservation Area status of part of the site.

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Impact upon Heritage Assets The demolition of units 1-17 Shambles Street has been previously approved when planning permission was granted for the development of Westgate Plaza 1 and 2. Whilst Westgate 2 has not come to fruition, it nonetheless remains an extant planning consent which is material consideration to any subsequent proposals for the site. The building is in a poor physical condition which requires significant investment, its utilitarian appearance is very dated and it contributes very little in terms of aesthetic value to the streetscape, the demolition is therefore accepted. The relocation of the library and subsequent demolition of the building has clearly been an emotive issue for the residents of the Borough. As well as those representations received in direct response to this planning application, there have been many other representations made to the Authority, requesting that the Central Library building is retained. This has culminated in a formal request also being made to English Heritage to list the building, this however, proved unsuccessful. In terms of the weight that can be afforded to these representations then the Council has made a clear commitment to the continued delivery of a library service within the town centre. Approval has already been granted for a temporary relocation of the service to Wellington House, and the funding has been earmarked for a new purpose built building as part of the major town centre regeneration work which is planned. In terms of policy considerations the loss of the community use has been appropriately mitigated against. The application site is located on the immediate western boundary of the Market Hill conservation area and directly to the rear of the Town Hall, which is grade II listed. Given the significance of the development the proposals on the Town Centre, the design has evolved following prior consultation with BURDAP and the Council's Conservation and Urban design officer have been integral to pre-application discussions for this proposal. The demolition of the Central Library is recognised as raising local concerns given it has been located in this position for a long time, but it is felt that the overall gain in terms of design improvement to the streetscape, and the increased vitality and vibrancy generated from the development, including an increase in footfall within the vicinity will be of an overall benefit. The Conservation officer considers that the proposed development is for an iconic and intentionally modern building that makes subtle references to the Town Hall, the design is sensitive and has the potential to contribute greatly to the visual amenity of the area by building on the successes of the refurbished Town Hall and its accompanying gardens. Equally, it is therefore considered that no detrimental impact would occur to either the setting of the Town Hall or character of the Conservation Area. Visual Amenity and Design The application site is located in a prominent location on a key approach into the Town and the aspiration of the college is for a contemporary design. The submitted Design and Access Statement states that the proposed building will offer an exciting, stimulating learning environment which will be a landmark structure, not just to inspire students, but to make a visible statement of confidence in Barnsley, its regeneration and its future. The building would have a rectangular footprint that would measure approximately 62 metres by 58 metres. The building would be four-storeys in height when viewed from Shambles Street and it would sit at a comparable height to that of the Town Hall. The building would comprise of two distinct elements with a four storey ‘C’ shaped teaching block enclosing a deeper plan two storey social heart-space. The main entrance would be located on the St Marys Façade, it would be sited within a distinctive frontage which addresses the Town Hall Square from which the main anticipated pedestrian approach would be taken from.

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In response to the comments from the BURDAP review the building would incorporate extensive areas of glazing along the Shambles Street and St Marys frontages. Similarly, in recognition to Westgate forming an important pedestrian thoroughfare, the northern elevation has been refined to incorporate a potential secondary entrance, this would also be complemented by significant areas of glazing to offer views into and out of the building. Collectively these measures would provide active and animated frontages at street level, complementing the environment as a whole. The materials would be taken from a relatively limited palette, the overall approach has been to ensure that they would reference the architectural language of the nearby buildings. A key feature to the building would be the use of Portland Stone, this would wrap around the building in two distinct bands, the main one being on the eastern (St Mary’s) elevation, which would also provide a canopy to the main building entrance. The stone would also be incorporated in a similar manner on the opposite elevation facing John Rideal House, the main element of this bans would however, be viewed from Shambles Street. The Portland Stone would be complemented in turn by Dark Brickwork ( a material that references the rear of the Town Hall) and feature metal panel (brass/bronze) rain screen cladding system to the eastern and northern elevations. The Shambles Street elevation would be largely glazed and the upper floor would support an outdoor landscaped area. All plant would be located be set in from the roof and enclosed by coated aluminium louvers. Externally the facades of the building would be complemented by an enhanced lighting scheme, details of which would be secured by way of a condition. Overall the materials, scaling, massing and form of the proposal is felt to be sympathetic to the locality, and will enhance the immediate spaces and setting of neighbouring buildings. In particular, the proposal will enhance the sense of enclosure to the western edge of the Town Hall gardens whilst deferring to and reflecting the architecture of the Town Hall. This design provides a much more open and inviting feeling (than the current library) that encourages the viewer to survey the elevation from right to left, then draws the eye into and up through the building onto the higher level terrace / atrium. Crucially the proposal hides its bulk by drawing the observer in and beyond the frontage to St. Marys Place. The arrangement of the elevation within the canopy is therefore more sympathetic to the setting of the Town Hall (particularly when viewed in context with its Southern elevation) and reduces the tendency for this to be a visual counterpoint or competitor to the Town Hall. Overall, it is considered the proposed design and its use of high quality materials as indicated will enhance the area by significantly regenerating the site. This in turn would have a very positive benefit upon the character and appearance of the Conservation Area. This would comply with the requirements of polices CSP29, 30, 31 and 43. Public Space The relevant planning policies aim to provide a wide range and types of public space within new developments. It is recognised that open spaces are important to the environmental quality of Barnsley town centre and in recognition to this they should be appropriately enhanced and protected. The overall approach to the landscaping is to provide an attractive setting for the new college building that responds to the existing open spaces located at the Town Hall Gardens, Magistrates Gardens as well as that adjacent to John Rideal House. In addition it is also important that a strong street frontage is provided to the Shambles Street and Westgate frontage. In terms of public benefits the main benefits from the proposal would be the creation of an improved pedestrian linkage between Westgate and Shambles Street. This would enhance the area of public open space already present alongside John Rideal house. This would become a more open environment for the benefit of students and the general public alike. It would comprise of a series of landscaped platforms as well as a new wide flight of steps, these areas would be

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enhanced by structured tree planting and lighting. This space would provide a significant buffer to the building as well as a more generous offering of POS than at present. The wider benefits to this would also be an enhancement to the setting of Shambles Street. The other frontages to the respective highways would be would be complemented by a series of tree planting and raised planters. In addition to the above external works, the building would incorporate a central courtyard at first floor level there. This has been designed to provide a flexible area to provide a flexible learning and social space. It would be a south facing and comprise of seating areas set amongst raised planters and a lawned area. All planting and soft landscaping throughout the development would be chosen to enhance the overall ecological value of the site. The materials throughout the public areas have been chosen in recognition of their overall quality, typically Yorkstone and Granite setts would be used across all areas to compliment the ongoing public realm works being undertaken with the town centre. Likewise a uniformed approach would be taken to street furniture with the use of steel and timber as the principle materials. Residential Amenity The site sits within a exclusively commercial environment which is not bordered immediately by any residential uses. The development could therefore not be seen to have a detrimental impact upon the residential environment. Highways The highway impacts resultant from the development proposals has been comprehensively reviewed. The application was supported by a detailed Transport Assessment and it would be recommended that a Travel Plan is conditioned. The central location within the town centre means that the site would be highly accessible not only to the principle highway network but also a variety of transport means. There are a number of pedestrian crossing points in the vicinity of the site which ensure that the site is easily accessible for those travelling on foot with pedestrian controlled crossing facilities on; Shambles Street and St Mary’s Place. The main interchange is a short distance from the site (within 400m) which offers frequent bus and rail connections and there are also 3 bus stops within the immediate vicinity. In addition to this a number of advisory cycle routes, within the wider area of Barnsley town centre can be found. A selection of long and short stay car parks are also provided across the town. The site is therefore considered to be highly sustainable in transport terms given the immediate access to means of public transport. Car parking would be significantly reduced from that which is presently accommodated to the rear of no.s 1-17 Sackville Street. A total of 15 spaces would be provided within the basement car park but no spaces allocated for students. In recognition of the sites accessibility this can be tolerated and any car bourne trips to the site can be accommodated within local car parks elsewhere within the town. The vehicular access to the development basement car park would remain from the existing priority access junction along the eastern frontage of the site which connects to St Mary’s Place. Visibility splays have been considered in the context of Manual for Streets2 (MfS2). In this case MfS requires that a 2.4m x 43m visibility splay is provided from the centreline of the site access towards the south for oncoming traffic travelling northbound on St Mary’s Place. No consideration is necessary to the north as traffic movements southbound along St Mary’s Place are prohibited. Deliveries and refuse collection to the development would be received from St Marys into the basement car park. The service area has been designed to accommodate an articulated goods

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vehicles, it is considered that this would be relatively infrequent with main deliveries being made from a smaller good vehicle. Concerns have been raised over the capacity of existing pedestrian crossing at Shambles Street. To accommodate the potential influx of large numbers of students at peak times, as well as traffic associated with nearby office and retail development, it is considered necessary to provide an additional pedestrian crossing at St Marys Gate. This addition would also need to coincide with widening improvements to existing crossings on Shambles Street. These crossings would be coordinated by as set of new signals and the works addressed under a 278 agreement. In general the Highway Authority have considered the impact of the development on parking in the vicinity of the application site, the potential impact on public transport and the impact of the increased traffic flows on the surrounding highway network. The conclusion is that it lies within a highly sustainable location, and that in comparison to the existing use of the library, and former shops there would be a comparative reduction in vehicle trips over the existing vehicle generation. The requested pedestrian improvements would provide a safer and more convenient crossing point than presently exists, which would be a benefit to the wider community. No objections are therefore raised on highways grounds. Landscape and ecology Previous assessments for the site have concluded that the site is rated as having a negligible potential for bats and that there is no evidence of any other protected species on the site. In addition the assessments have also concluded that the habitats across the site are of low ecological value. Trees are limited to the northern boundary along Westgate. These trees are prominent and have significant amenity value as individuals, however they are sporadic and do not form a coherent landscape feature, nor are any of the ones implicated in this development particularly good specimens. As such the removal of these trees to facilitate the redevelopment can be considered acceptable providing that some good quality tree planting is provided as part of the landscaping. The indicative Landscape Masterplan has been submitted as part of the proposal and shows that there will be a significant gain in tree numbers as a result of the landscaping proposals. Further information is required regarding species to be planted, the materials to be used and the precise design of some of the landscape features however this can be controlled through the use of suitably worded conditions. Subject to suitable planting and nature conservation enhancements there would be a positive impact from the scheme in terms of Biodiversity and Landscaping value. The positive landscape impact can be clearly seen against the comparison to the existing site conditions which is dominated by hard surfaces. It is considered that the proposed development is acceptable in terms of its potential impact on nature conservation and that it is in accordance with polices CSP35 and CSP36. Flooding/Drainage The site is less than 1ha in area and is not located within an area that has any risk of flooding. Drainage to the development will pick up existing connections with separate provision made for foul and surface water disposal. It is however, likely that flows would have to be reduced accordingly to meet relevant drainage authority standards. Full details of the drainage strategy would need to be submitted as per the requirements of a relevant condition.

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Conclusion Shambles Street is an important gateway into the civic core of the Barnsley from Dodworth Road and the M1 (J37). As such any proposal on this corner will help to inform the sense, quality and character of the spaces and buildings beyond the proposal site. The proposals would address this and contribute positively to the town Centre skyline and streetscape by providing a significant ‘landmark’ building on a principal gateway into the town centre. The chosen design provides a very desirable backdrop to the Market Hill Conservation Area which would mark a significant uplift in the quality of the local environment. In addition to the environmental improvements, it is also considered that the proposal would contribute significantly towards the economic regeneration of the town centre. The associated footfall from such a significant number of students, and staff to the site would not only add to a sense of vitality and vibrancy within the area, but this will contribute significantly to the fortunes of the town centre as a whole. The proposal has been assessed against the National Planning Policy Framework, the Core Strategy, and the provisions of the development plan and other relevant material considerations. The proposal represents development in a highly accessible location and is in accordance with general planning policy principles aimed at promoting sustainable growth and spatial planning. The proposal is for an appropriate use and form of development within this town centre location and would have an acceptable impact on heritage assets including the setting of the adjacent Grade II listed Town Hall and Market Hill Conservation Area.

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 amended plans (Nos.GA Elevations 03001 Rev P2, Site Elevations 03011 Rev P2, GA Roof Level 02005 Rev P2, Site Sections 1 04001 & 2 04001 Rev P2, GA Ground Floor 02001 Rev P2 , Level 1 02002 Rev P2, Level 2 02003 Rev P2, Level 3 02004 Rev P2, landscape arrangement 471-001C) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with Core Strategy Policy CSP 29, Design.

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

4 Pedestrian intervisibility splays having the dimensions of 2 m by 2 m shall be safeguarded at the drive entrance/exit such that there is no obstruction to vision at a height exceeding 1m above the nearside channel level of the adjacent highway. Reason: In the interest of road safety in accordance with Core Strategy Policy CSP 26, New Development and Highway Improvement.

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5 No development shall take place, 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 - Temporary drainage of the site - Means of access for construction traffic - Measures to protect retained trees - 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.

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

7 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:- - provision of a new pedestrian crossing on St Marys Place - alteration to existing pedestrian crossings on Shambles Street ; - any necessary signing/lining; - any necessary alterations to/provision of street lighting - any necessary alterations to/provision of highway drainage; - any necessary resurfacing/reconstruction.

Reason: In the interests of highway safety, residential amenity and visual amenity, in accordance with Core Strategy Policies CSP 26 and CSP 40.

8 No construction shall take place until: (a) Full foul and surface water drainage details, including a scheme to reduce surface water run off by at least 30% and a programme of works for implementation, have been submitted to and approved in writing by the Local Planning Authority: (b) Porosity tests are carried out in accordance with BRE 365, to demonstrate that the subsoil is suitable for soakaways; (c) Calculations based on the results of these porosity tests to prove that adequate land area is available for the construction of the soakaways;

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

9 Upon commencement of development, full details of both hard (materials for walls, surfaces, furniture & Boundary treatments) and soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained shall be submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping details shall include any element of furniture and shall be implemented prior to the occupation of the building. Reason: In the interests of the visual amenities of the locality.

10 A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any part thereof, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out in accordance with the approved plan. In the interests of the visual amenities of the locality, in accordance with Core Strategy Policy CSP 29.

11 Upon commencement of development full details of an external lighting strategy for building and adjoining area of public open space shall be submitted to and approved in writing by the Local Planning Authority. Details shall include the specification, location, orientation, angle and luminance of the proposed lighting. The approved details shall be implemented prior to occupation of the building and retained as such thereafter. Reason: To promote the appearance of the building in the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.

12 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.

13 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.

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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.

14 The proposed development shall achieve a minimum BREEAM standard of 'very good' or equivalent. Upon completion of the development, an energy performance certificate shall be provided to the Local Planning Authority demonstrating that the required standard has been achieved and the measures provided to achieve the standard shall be retained as operational thereafter. Reason: In the interest of sustainable development, in accordance with Core Strategy Policy CSP2.

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

16 No construction 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 construction of the building shall only take place after a one-metre-square sample panel of all external materials (pointed as appropriate) has been constructed on site and the details approved in writing by the local planning authority. The approved panel shall be retained on site until construction of the building has been completed. 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 LDF Core Strategy Policy CSP 29, Design.

17 On the Shambles Street elevations full details of the design and details of the Portland Stone rainscreen cladding shall be submitted to and approved in writing by the local planning authority before the commencement of the relevant site works. The details shall include an elevation at 1:150 scale at A1. 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 LDF Core Strategy Policy CSP 29, Design.

18 All windows to be used in the construction of the building shall be constructed in metal / alu PPC. Full details of their design, construction, finish and decoration including details and means of opening and glazing pattern shall be submitted to and approved in writing by the local planning authority before the commencement of the relevant site works. The details shall include an elevation at 1:20 scale of each window type and 1:5 scale cross-sections. And / or whole elevations at 1:150 @ A1. 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 LDF Core Strategy Policy CSP 29, Design.

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19 No construction work shall commence until full details of the design of the external housing of the new electric substation on Westgate has been submitted to and approved in writing by the Local Planning Authority. The development shall proceed in strict accordance with these details as approved. Reason: To ensure the highest quality of development and to protect or improve the setting of the adjacent conservation area in accordance CSP 29 and CSP30 of the Barnsley Core Strategy.

20 Prior to the occupation of the building full details of the maintenance schedule for all external areas and façades of the new building (for the next 10 years) shall be submitted to, and approved in writing by the Local Planning Authority. Reason: To ensure the highest quality of development and to protect or improve the setting of the adjacent conservation area in accordance CSP 29 and CSP30 of the Barnsley Core Strategy.

21 Prior to the occupation of the building details of the position, scale and maintenance of travel information screens to be installed detailing bus and train departures shall be submitted to the Local Planning Authority for approval, The screen shall then be implemented in accordance with the approve scheme and thereafter retained as approved. Reason: In the interest of promoting use of public transport, in accordance with Core Strategy Policy CSP 25.

22 Prior to the occupation of the building details of artwork to be affixed to the external elevations shall be submitted and approved in writing. The approved artwork shall be displayed in accordance with a timetable to be agreed with the Local Planning Authority. Reason: To ensure the highest quality of development and to protect or improve the setting of the adjacent conservation area in accordance CSP 29 and CSP30 of the Barnsley Core Strategy.

23 No construction shall commence until a scheme of measures for the treatment of shallow mine workings and/or any other mitigation measures (e.g. gas protection) to ensure the safety and stability of the proposed development have 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'

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2013/1390 Demolition of existing shop units, parking deck and library and erection of a Sixth Form Teaching College. Units 1-17 Barnsley Central Library, Shambles Street, Barnsley, S70 2JF

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

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2013/0932 Strategic Land Group Outline application for residential development of up to 200 dwelling houses and additional retail facility including details of access. Land to the North of Lee Lane, Royston, Barnsley, S71 4RT

227 letters a petition of 171 signatures have been submitted objecting to the proposals.

Representations from Councillors Tim & Tracey Cheetham have been received objecting to the scheme.

22 letters of support have been received

Site Location and Description The application site is located approximately 1.3 kilometres west of Royston town Centre. Measuring approximately 8ha in area it is an undeveloped greenfield site comprising of open fields. The site is bounded to the south by B6428 Lee Lane which is one of the main approach roads into Royston. The eastern boundary abuts residential properties (Applehaigh View), Lee Lane farm is located to the west and across the northern boundary lies a former disused railway line. Extending beyond the northern, southern and western boundaries the land is primarily in agricultural use. Levels across the site are flat and the land sits marginally lower to that of the adjacent highway. There is some limited tree cover but this is, by in large concentrated along the sites boundaries forming part of established hedge lines. There is a watercourse located to north eastern corner and a foot path crosses the site from south to north. Proposed Development The application has been submitted for outline planning permission for residential development and a small food retail unit (under 500m²). Details of access have been included as part of the application but all matters relating to design, scale, siting and landscaping are reserved for a subsequent application. The application therefore primarily seeks to establish the principle of residential development with access only. It is however, proposed that the principle is fixed by parameters which would have to be adhered to within a subsequent reserved matters application. Whilst exact details are reserved for subsequent approval it is envisaged that the development would support a mixture of house types with 15 % being assigned as affordable. Further to this a minimum of 15% of the site would be allocated as public open space which includes an area of equipped play space. The area of POS would equate to at least 1.2 hectares of the site. A parameter plan has been submitted which indicates a landscaping belt being incorporated along the sites frontage and eastern boundary to Applehaigh View. This would help to soften the appearance of the development from the highway and also ensure that the amenity of existing residents is not overly compromised. It is proposed that vehicular access into the development site would be taken via the northern arm of a new four arm roundabout junction off the B6428 Lee Lane. The roundabout includes a southern spur which could potentially serve development to the south of Lee Lane. The roundabout would be designed to prescribed standards contained within the Design Manual for Roads and Bridges. In brief it would include an inscribed circle with a diameter of 40 metres, carriageway widths of at least 6.5 metres and 2 metre pedestrian footways on each arm of the proposed junction.

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In addition, although the B6428 Lee Lane is derestricted in the vicinity of the proposed development, a 30mph speed limit is in operation on Lee Lane approximately 60 metres east of the proposed roundabout. It is therefore felt there is scope to extend the 30mph speed limit past the frontage of the site and provide a ‘Gateway Feature’ to enhance pedestrian safety within the locality of the site. Further highways improvement to be discussed later in the report would include alterations to the Lee Lane and Shaw Lane junctions to Wakefield Road. To meet with the local and national validation requirement the application has been accompanied with the following reports:

Planning, Design and Access Statement

Phase 1 Ecological Assessment

Transport Assessment

Tree Survey

Archaeology Report and Geophysical Survey

Sustainability Statement

Desk top contaminated land report.

Drainage Assessment

Flood Risk Assessment

Statement of Community Involvement

Draft terms of a section 106

Landscape parameter plan

Lee Lane Indicative Masterplan Policy Context Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation. Local Development Framework Core Strategy CSP1 ‘Climate Change’ CSP2 ‘Sustainable Construction’ CSP3 ‘Sustainable Drainage Systems’ CSP4 ‘Flood Risk’ CSP5 ‘Including Renewable Energy in Developments’ CSP8 ‘The Location of Growth’ CSP9 ‘The Number of New Homes to be Built’ CSP13 ‘The Release of Allocated Housing Land’ CSP10 ‘The Distribution of New Homes’ CSP14 ‘Housing Mix and Efficient Use of Land’ CSP15 ‘Affordable Housing’ CSP25 ‘New Development and Sustainable Travel’ CSP26 ‘New Development and Highway Improvement’ CSP29 ‘Design’

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CSP32 ‘Small Shops’ CSP33 ‘Green Infrastructure’ CSP35 ‘Green Space’ CSP36 ‘Biodiversity and Geodiversity’ CSP37 ‘Landscape Character’ CSP39 ‘Contaminated and Unstable Land’ CSP40 ‘Pollution Control and Protection’ CSP42 ‘Infrastructure and Planning Obligations’ Saved UDP Policies UDP notation: Safeguarded land Policy GS10/RO6 ‘In areas shown as Safeguarded Land on the proposals maps existing uses will normally remain during the plan period and development will be restricted to that necessary for the operation of existing uses. Otherwise planning permission for the permanent development will only be granted following a review of the UDP which proposes that development on the land in question’. SPD’s -Designing New Residential Development -Parking -Open Space Provision on New Housing Developments Planning Advice Note’s 30 -Sustainable Location of Housing Sites 33 -Financial Contributions to School Places Other South Yorkshire Residential Design Guide Emerging Development Sites and Places DPD DSAP Proposed allocation: Employment land option NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. Paragraphs of particular relevance to this application include: Para 32 ‘Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe’ Para 49 ‘Housing applications should be considered in the context of the presumption in favour of sustainable development.

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Para’s 58 & 60 – Design considerations Consultations Affordable Housing: Recommend that the scheme is in line with policy CSP15 in that 15% of the development is retained as affordable in perpetuity. BDA: No objections Biodiversity: No objections, it would be expected that a full mitigation strategy covering biodiversity issues accompanies any Reserved Matters planning application. This would include provision for suitable wildlife habitat and linkages to adjacent sites. Civic Trust: Complementary to the development, proposed layout is considered interesting and incorporates a good degree of Public Open Space. The creation of the roundabout would also facilitate wider development. Coal Authority: No objections, the application site does not fall within the defined Development High Risk Area. Contaminated Land: No objections Design: No objections to the parameter plan, this would enforce a desired gateway feature to the western approach to Royston. Drainage: No objections subjection to recommended conditions. Education: Identify that there is adequate capacity within the local primary and secondary schools to accommodate additional capacity associated within the development. A financial contribution is not deemed necessary. Environment Agency: No objections subject to a condition requiring improvements to the existing surface water disposal system. Forestry Officer: Initial arboricultural report identifies that all higher quality trees can be retained within the site. Further assessment of this can be made at Reserved Matters subject to the recommended conditions. Highways: No objections following a revision to the Traffic Assessment, support the mitigation levels being proposed and recommend that this is appropriately secured within a conditional approval. SYAS: Following the undertaking of a comprehensive geophysical survey a conditional approval is recommended requiring a trial trench evaluation. SYMAS: A review of the mining and geological records confirms that there are no mining legacy issues associated with the land. SYPTE: No objections subject to the recommended conditions. SYPALO: Recommend design principles which should be incorporated to achieve SBD accreditation. Wakefield CC: No comments.

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Yorkshire Water: No objections, recommend that the scheme is developed with SUDs and that an easement is imposed within the vicinity of a sewer that crosses the site. 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. In objection to the proposals 227 Letters and a petition of 171 signatures has been received. Representations have also been received from Councillors Tim & Tracey Cheetham objecting to the proposals. There have also been 22 letters submitted in support of the application. The objections can be summarised as follows:

The proposals would be socially and environmentally harmful to Royston destroying the landscape as well as valuable wildlife habitat.

There is already too much development committed to Royston.

There is no need for additional housing when there are so many properties already for sale within Royston.

It would not be safe to introduce an access onto Lee Lane, it is unlit subject to a 50mph speed restriction and has inadequate pedestrian footways. This development will result in more accidents and fatalities.

Traffic will increase significantly through Royston and particularly along Applehaigh and Summer Lane which will become ‘Rat Runs’ endangering pedestrians (particularly children’s) lives.

Local services in the area are stretched.

The commercial unit would compete with existing local retail units within Royston centre.

Local schools are at capacity.

The rural approach from Lee Lane is important to the Character of Royston

Houses would invade the privacy of residents on Applehaigh View.

The site forms part of the natural floodplain and should not be built on.

The land is Green Belt and should be protected

There is not any capacity on the highway for additional traffic given what is planned at Royston High School.

Additional traffic will cause pollution raising CO2 levels within Royston.

The development does not comply with the LDF, it is premature to determine the application.

People of Royston are united in opposing the proposals In support of the planning application the following comments have been made:

Royston will not become part of Athersley or Mapplewell as being suggested by objectors.

The majority of traffic would enter the site from Lee Lane/Wakefield Road therefore not impacting upon Royston centre.

The majority of objectors come from residents of Applehaigh View who don’t even share a boundary to the site. Had Applehaigh not been built they would not have any reason to object to the development.

If development is approved then the developer should at first provide a roundabout to reduce speeds along Lee Lane.

The development should secure affordable housing.

The development should be constructed in the same timeframe as Royston High School to promote competition and choice.

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Assessment Principle of Development - This is an outline application for the development of approximately 200 dwellings, and provision of a small retail facility, on a site of approximately 8 hectares in Royston. In the Unitary Development Plan (UDP) the site is designated as Safeguarded Land, compromising of paddocked grassland, and a number of trees. UDP policy GS10 is clear that on Safeguarded Land existing uses will normally remain during the plan period and that planning permission for alternative development will only be granted following a review of the UDP. Taken as read the proposal would be contrary to UDP policy. However, the applicant asserts under NPPF policy that the site is in a sustainable location and that there are material considerations of such significant weight that they indicate that the proposal should be allowed. In particular they refer to Core Strategy Policy CSP8 which prioritises housing development within the Boroughs nominated Principal towns, of which Royston is one. Housing plays a fundamental role in the delivery of the Councils economic strategy. The Council strives to deliver 21,500 new homes by 2026, Royston is expected to accommodate at least 5% of this anticipated growth, this would equate to 1000 new homes being secured over the 12 year period. It is clear that new site allocations will have to be identified to achieve these growth targets, to prevent pressure on the Green Belt and that Safeguarded land will be a primary consideration to accommodate future housing allocations. Based on an assessment of housing supply limited to the Royston area, the applicant also notes that the Council cannot at present demonstrate a deliverable five year supply. It has been acknowledged in previous Planning Board reports that at the present time, the Council cannot demonstrate a five year supply of specific, deliverable housing sites. The Council therefore must concede that, in this situation the NPPF is a material consideration that carries substantial weight in the decision making process of residential proposals. With regard to five year supply paragraph 49 of the NPPF is clear that where no five year supply can be demonstrated the Presumption in Favour of Sustainable Development at paragraph 14 of the NPPF should be used to determine planning applications and those relevant policies for the supply of housing should not be considered up-to-date. Other relevant development plan polices and material considerations should, however, still be considered. It must be mentioned that the site was being considered as an employment proposal in the Consultation Draft 2012 of the borough’s Development Sites and Places DPD (DSAP). The NPPF advises that appropriate weight should be given to emerging plans according to;

Their stage of preparation

The extent to which there are unresolved objections

The degree of consistency to the NPPF The amount of weight that can be given to this sites draft allocation with regard to determining planning applications at this time has to be balanced across these three considerations. With regard to the stage of plan preparation and the extent to which the Council are still considering representations, very little weight can currently be attributed to the sites draft allocation. The NPPF emphasises that Local Planning Authorities exercise a presumption in favour of sustainable development in determining all planning applications. For the purposes of the decision making process this means:-

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approving development proposals that accord with the development plan without delay

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

any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole; or

specific policies in the Framework indicate development should be restricted. The intention of Safeguarded Sites is to release land that is required beyond the development plan period to serve long term development needs. The purpose of the Safeguarded Land designation in the UDP was therefore not to protect the land from development in perpetuity, but rather to designate land on the edge of existing settlements that may be required to meet longer term development needs without the need to alter existing Green Belt boundaries at the end of the UDP plan period. The Unitary Development Plan was adopted in 2000 therefore the extent it can be relied upon in terms of current development needs is becoming dated. The NPPF also states that decision makers should only afford full weight to policies adopted from 2004 onwards. UDP policies are not protected by the NPPF and those associated with safeguarded land within identified sustainable locations can now be considered ‘out of date’ meaning that the application needs to be considered within the context of the presumption in favour of sustainable development. If it is accepted that the UDP safeguarded land designations in sustainable locations are out of date it is then necessary to consider, as required by the presumption, if there are any adverse impacts from granting permission for this particular site that ‘would significantly and demonstrably outweigh the benefits’. Sustainability - The test of the application is therefore whether it can appropriately demonstrate that it meets sustainable objectives. PAN30 provides a sustainability checklist for the assessment of new residential developments, it is however, not part of the statutory development plan and is out-of-date following the publication of the NPPF. When applying the application against the provisions of the sustainable checklist the site does demonstrate some, of what it considers to be sustainable credentials that a site should achieve. The main failings against the PAN30 assessment criteria would be the sites UDP allocation as Safeguarded land, its location outside Royston’s settlement boundary, and its accessibility to the Core Public Transport Network (CPTN). The NPPF not only commits to the presumption of sustainable development but stresses that it is essential ‘to significantly boost the supply of housing’. PAN 30 is not an up-to-date policy and its relevance to providing an accurate assessment of a sites sustainable credentials, is in this case considered to be compromised when it weights UDP Safeguarded sites (which is a dated policy) as a negative sustainable characteristic. With regard to the sites location then this is considered to be far from isolated from local services with key infrastructure being immediately on hand within Royston. Bounded by Applehaigh View, Lee Lane Farm, the former railway line and Lee Lane, the site lends itself as an extension to the existing settlement, as opposed to being an outward urban expansion into open countryside. On the matter of access to public transport, SYPTE conclude that although the site does not have immediate (within 400m) access to public transport services, a high frequency bus services can be accessed within 650m of the site. Accordingly it has been rated as Amber using the SYPTE Land Use and Transport Integration model. Objections to the proposals on PAN30/Sustainability grounds are also undermined to some extent by Development Sites and Places DPD. Whilst not allocated as residential, it is of note that land to the south of Lee Lane, and that directly west of the site have been provisionally allocated as such.

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Whilst this document carries little weight to the decision making process it does question why the site should be viewed unfavourably in comparison, when access to infrastructure and services is identical. Policy ROY2 applies to these areas, it indicates that any development within the locality should be master-planned with a view to the possible development of the whole area. A key issue with this site is to improve its sustainability. One aspect of this could be achieved through the provision of food retail facilities which are readily accessible by pedestrians to reduce the need to travel. This approach has been endorsed by the development with an indication to provide a retail unit along the sites frontage to Lee Lane. This element of the scheme would help to meet the needs of existing and future residents which are not currently met by existing shops. Being in outline form it is somewhat premature to make any detailed assessment to the sustainable credentials of the development. The applicants have made a commitment to all dwellings achieving Code Level 3 rating in relation to the Code for Sustainable Homes. This would deliver properties with improved levels of thermal insulation, efficient glazing and lighting. In accordance with CSP5 the potential to further reduce energy/CO2 emissions by 15% through the use of renewable solutions which would be looked at in detail through a Reserved Matters application. This requirement can be secured by way of a planning condition. The applicant has also submitted an economic report to cover the benefits of the proposal. Whilst this could be subject to fluctuations it does highlight that the scheme could support in the region of 69 full time (equivalent) construction jobs and could generate additional household expenditure within the Barnsley District. These are considerations are relevant to the social-economic elements of sustainability. Education - Concerns relating to Royston primary schools being at capacity have been raised within many of the representations submitted. Royston is served by 4 primary schools and Carlton ALC, in comparison to other areas of the Borough, education provision within Royston is favourable. Consultation with education has confirmed that there is capacity within all schools. This assessment also accounts for the additional pupils associated from development at Royston High School by Persimmon homes. Accordingly a financial contribution to fund any classroom extensions is not justified, and no objections have been raised by Education. Design / Visual Amenity - The current application seeks only to establish the principle of a maximum of 200 houses being accessed from Lee Lane. Details of design, scale, layout and landscaping would need to be submitted under a subsequent Reserved Matters application, should planning permission be approved. The design would therefore be assessed with consideration to the SYRDG and the SPD ‘Designing New Residential Development’. Residential development would represent a significant departure from its Greenfield Status where it is utilised as grazing land. Many of the objections have raised this as a concern, with the consensus being that this would represent a sprawl into open countryside. It needs to be stressed that the site is not subject to any special designations, including Green Belt, SSSI’s, Landscape Value or Conservation Area, and therefore its visual amenity attributes would not be sufficient to outweigh the NPPF’s presumption in favour of sustainable housing development. As previously noted it is a level site which is defined by strong boundaries, these being Lee Lane, Applehaigh View, Lee Lane Farm and a former railway line to the north. These features contribute as mitigating factors which would help to reduce the visual impact of the development, as it would present itself as a natural extension to the town much like the Applehaigh View development did when that was constructed. As a separate commentary to this, residential would also be evidently compatible with the adjoining uses. The proposals have endorsed the concept of a Master-planned approach as advocated within DSAP policy ROY02 for the development of Lee Lane. Pivotal to this is the delivery of the

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roundabout which is included within the detail of the application. This would ensure that comprehensive development could be achieved to a wider allocation which includes land both to the north, and south of the highway. The parameter plan indicates that soft landscaped edge can be provided to the frontage, taken with the roundabout this would enforce a ‘gateway’ identity to the site, and a much desired feature given its location on the main approach road into Royston. The design of this landscaping would assist with the transition from a more rural to urban environment, in keeping with the character that existing resident’s value within their representations. Further to the roundabout pedestrian linkages and a network of green corridors would also be created through the site as well as over1.2ha being allocated as formal greenspace and SUDs. Collectively the features within the parameters plan would meet with the policy expectations of CSP3, 33 and 35. At 200 dwellings development would equate to a gross density of 25 units per hectare. This is below densities advocated by CSP14 ‘Housing Mix and Efficient Use of Land’. This is considered appropriate given the design aspirations for the site, and to also to ensure that subsequent development would be in-keeping with the edge of settlement location on the urban fringe. Locally architectural styles vary significantly, it is envisaged that the development would provide a broad mix of accommodation covering 1-5 bedroom properties. The design and access statement states that the prevailing scale of this development would be two storeys, with a smaller proportion of 2.5 and 3 storeys where the design would permit. Given that levels across the site are flat there are no reasons to suggest why this would not be acceptable. It is however, stipulated as a fixed parameter that properties along the eastern boundary to Applehaigh View would be a maximum of 2 storeys in height. In terms of existing features there are few constraints which could affect a comprehensive development such as proposed. Being used for grazing, tree cover and hedgerows are generally located on or just outside of the development boundary. The exception is a group of Oak trees (G9) which are high amenity and within the site itself. There are no reasons why the retention of the Oaks could not be factored into any detailed layout. As for those remaining trees within the site, and along the boundary to Lee Lane these tend to be small, young specimens of no real size or value, as such they are not considered a constraint to the development and their removal to facilitate access to the site is not considered an issue. Nonetheless as trees will need to be removed, replacement planting will be required to mitigate for their loss, a landscape strategy can be accessed and considered as part of the Reserved Matters. In summary of the considerations on design/visual amenity grounds, the application is not considered to raise any significant issues at the outline stage. It is considered that a high-quality development can be achieved at the site which incorporates sustainable techniques and complies with CSP29 ‘Design’ and relevant criteria of SPD. Green Space - In accordance with CSP35, CSP42 and the SPD: Open Space Provision on New Housing Developments, all residential development over 20 units are expected to provide green space, whether that be on site or a financial contribution to upgrade existing. As the proposal also represents loss of existing green space there will also be a requirement for compensatory provision for this. General open space requirements require a minimum of 15% of the gross site area of new housing development must be open space of a type appropriate to the character of the site, its location and the layout and nature of the new housing and adjoining land uses as per ‘SPD: Open Space Provision on New Housing Development’ standards. A green space assessment would be carried upon the submission of the Reserved Matters to determine what the most appropriate green space requirement to meet local requirements is.

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Notwithstanding the above an initial green space assessment suggests that an on and off-site contribution would be required, in connection with the requirement for new green space as per policy requirements. In terms of on-site provision, the masterplan states that 15% of the site area will be open space with a proposed centralised play area. Green buffers would also be secured along the highway frontage and the eastern boundary to Applehaigh View. Provision of ongoing maintenance of these areas of open space would be secured as part of the planning submission of Reserved Matters. Full details of the open space requirements can be secures through appropriate conditions Residential Amenity - The site sits between an established residential area and land in agricultural use. The proposals are considered to be wholly compatible with these surrounding land uses, and there are no processes or operations taking place which would be prejudicial to residential amenity. This has also been confirmed by Regulatory Services who raise no objections on pollution grounds to the principle of residential development. There have been concerns raised within the representations relating to privacy and outlook matters. The submitted layout is for indicative purposes only, full regard to spacing and amenity standards would need to be considered as part of the subsequent Reserved Matters process. Nonetheless in response to the concerns raised by the Applehaigh View residents a revised parameter plan has been submitted which would guide the detail of any future Reserved Matters. This identifies that properties along the Eastern boundary would be no more than two storeys in height and would be set a minimum of 30m from the rear elevation of existing properties. This would far exceed current spacing guidelines (suggestion of 21m separation), and taken with the level nature of the site would ensure that suitable levels of outlook, amenity and privacy would be secured for existing and proposed residents alike. Highways Safety - The site fronts onto the B6428 Lee Lane approximately 1.3 km west of Royston town centre. Lee Lane is subject to the National Speed limit, although a 30mph speed limit applies towards the eastern boundary approximately 60m from the junction with Applehaigh View. There is only one footway along the section of highway to the front of the development and this is located on the opposite side of the carriageway. In addition there is no street lighting provided across the site. To the west of the site Lee Lane provides a minor arm to the A61 Wakefield Road/B6428 Lee Lane priority controlled junction. The A61 provides access to Barnsley centre to the south and Wakefield to the north. To the east of the site the B6428 provides an arm to the signal controlled cross road at ‘The Wells’ in Royston town centre. Highway safety issues have been a prevalent concern expressed within the many representations received. In accordance with policy CSP26 new development must be designed to ensure that safe, secure and convenient access for all road users can be achieved. Mitigation must be secured where there is either a known or potential safety issue on hand. The proposal would see the introduction of new four arm roundabout junction off the B6428 Lee Lane. Access to the site would be taken from the northern arm of the roundabout but a southern spur would also be provided which could potentially serve future development to the south of Lee Lane. The roundabout would be designed to prescribed standards contained within the Design Manual for Roads and Bridges. In brief it would include an inscribed circle with a diameter of 40 metres, carriageway widths of at least 6.5 metres and 2 metre pedestrian footways on each arm of the proposed junction. There may also be scope for the roundabout to be landscaped in a manner which would include an element of public art. Pedestrian and cycle linkages would be provided throughout the site and this would link to existing infrastructure within the vicinity. Existing amenities including those within Royston Centre and bus stops along Lee Lane/High Street would be served from existing pedestrian footways.

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To enhance pedestrian safety it proposed to extend the existing 30mph speed restriction across the frontage of the site and this would be complimented by new street lighting. The effect of this taken with the roundabout itself would form a substantial traffic calming feature, and would enforce a desirable gateway environment to the towns western approach as vehicles would then approach the town at a reduced speed. Cumulatively the impact of the roundabout, footways, street lighting and speed restriction would be a significant improvement upon the existing situation. These features address many of the concerns raised within the representations. In terms of addressing the overriding concern then the crux of residents’ objections remains one of capacity and the ability to Royston to accommodate this scale growth. A full traffic assessment has been undertaken and this has been revisited to cross reference all committed developments within the town. The TA addendum has taken into consideration the impact of the installation of MOVA on the signal controlled junction which has been secured on the Royston High School development (which is currently under construction), it also accounts for the operation of the A61 junctions. The results of all these factors demonstrate that the signal controlled junction within Royston centre would operate within or near capacity in both the AM and PM peak periods. Capacity issues had been raised at the Wakefield Road junction and the application has proposed mitigation to address this. This would involve minor alterations to the Shaw Lane/Wakefield Road junction which results in left turning traffic not being delayed by vehicles waiting to turn right, overcoming the Highway Authority concerns. Therefore taking into account policy CSP26 and paragraph 32 of the NPPF the development would not have a detrimental impact upon the highway network. The TA has established that the highway has adequate capacity to accommodate this proposal as well as other committed developments within Royston. Subsequent applications for residential development would require further assessments in their own right, whereby additional mitigation and safety measure may have to be considered. Notwithstanding the need to obtain reserved matters, a development of this scale would usually take a minimum of 4-5 years to complete. The traffic impact (which is acceptable) would therefore not be immediately apparent with levels increasingly incrementally over forthcoming years. Drainage & Flood Risk - The Environment Agency Flood Map has identified that the site lies in an area of Zone 1 Flood Risk. Development located within Flood Zone 1 is identified as being suitable for all types of development and the risk of flooding from rivers etc is low. The nearest watercourse is an unnamed stream located in the northwest area of the site and runs in a north easterly direction before changing direction and heading in a southern direction away from the site, it is in parts culverted. In addition to this there is also a drainage ditch that runs along the north east corner before connecting with the unnamed stream. Clearly development that increases the amount of impermeable surfaces can result in an increase in surface water run-off, which in turn can result in increased flood risk both on site and elsewhere within the catchment. There is evidence that the site has been affected by excess surface water collecting in the past and this has been addressed within the FRA. Development can be achieved that embraces the use of SUDS in accordance with policy CSP3. The proposals would see the introduction of an attenuation pond to accommodate excessive levels of rainfall, this would then release water into the nearby watercourse at a controlled greenfield rate. This approach is considered to be an acceptable drainage solution and no objections have been raised by either the Drainage Authority or Yorkshire water. However, in recognition of runoff discharging into the watercourse it is considered necessary to impose a Grampian condition requiring a CCTV inspection to be carried out on the culverted section, the purpose of which would be to ascertain whether any repairs need to be carried out. Further downstream there may also have to be some ‘re-ditching’ works to improve the efficiency of flows.

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Subject to the above works being secured by a condition, the proposed development can satisfy the requirements of National Planning Policy Framework as well as Core Strategy polices CSP1, CSP3 and CSP4. Affordable Housing - Core Strategy policy CSP15 identifies that in Royston, 15% of the proposed dwellings should be secured as in perpetuity as affordable. It is noted that the applicants have stated within the illustrative housing layout that 30 units out of the 200 have been identified as affordable housing, addressing the 15% requirement. A condition would be applied to secure this; it would also require details of property type, tenure, location and phasing of the development to be submitted as part of the Reserved Matters. Ecology and Biodiversity - The application is supported by a detailed ecological assessment. The fields comprise in the main of improved grassland, and field boundaries are composed of some tree line/hedgerows. In the main there are no reasons why field boundary hedgerows cannot be retained, and where appropriate bolstered as part of details submitted at Reserved Matters. Objections have been raised in respect of the loss of important wildlife habitat, the survey identifies that it is void of any ancient habitats and those which are on site are of a low ecological value and are common within the wider landscape environment. The provision of onsite open space, green buffer zones and SUDS would all provide potential areas of habitat providing a degree of biodiversity enhancement. A range of further mitigation measures can be considered with detailed matters in accordance with policy CSP36. Land Contamination and stability - The preliminary site investigation report identifies that there is potential for some onsite contamination risks. This should not be to an extent that should comprise residential development. As is common with most developments it is recommended that a condition is applied requiring an intrusive site investigation to be undertaken. Accordingly, the contaminated land officer has raised no objections. In terms of coal mining legacy the site is located within a low risk area so there is no requirement for further analysis to be undertaken. Archaeolog - Geomagnetic surveys have been conducted across the site on the recommendation of South Yorkshire Archaeology Service. Agricultural features were detected over the majority of the survey areas, comprising a series of possible early field boundaries, evidence for ridge and furrow cultivation, and a series of land drains. In addition there was possible evidence for prehistoric activity detected in the form of two possible oval enclosures at the centre of the site. SYAS are satisfied with the level of investigation which has so far been undertaken but recommend that further surveys are conditioned to take place prior to any development commencing. This approach satisfies the requirements of policy CSP30. Retail Unit - The retail unit proposed would be of 500 square metres or less and would therefore be of a ‘local shop’ capacity. It would assist in providing a small shop that could be accessed by future residents on a day-to-day basis making the site more sustainable. Details of its design and location would be considered at Reserved Matters stage. Conclusion The proposal is contrary to saved UDP policy with regard to the Safeguarded Land designation of the site. However, at present the authority is unable to demonstrate a five year supply of specific, deliverable sites for residential development and as a result the NPPF Presumption in Favour of Sustainable Development applies. Consideration of the proposal through the presumption is measured against economic, social and environmental roles. Contrary to the representations made against the development, measured against the above tests, all the indications from the

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analysis of the submitted reports and subsequent consultation responses are that residential development is a sustainable and compatible land use within the locality. The presumption must therefore apply. Therefore to conclude the application has adequately demonstrated that the site is of an appropriate size to accommodate 200 dwellings and a small retail facility. Its location on the existing settlement boundary means that it benefits from access to plethora of amenities and services which are immediately on hand within Royston district. Royston is a principle town which has been prioritised for future growth; the development would therefore contribute to these objectives. There are no significant or demonstrable adverse impacts associated with the development and the application has successfully demonstrated that an adequate access can be achieved without compromising highway safety. There are no reasons why Reserved Matters cannot be designed in accordance with the requirements of respective Local and National planning policies. Recommendation Grant subject to:- 1 Application for approval of the matters reserved in Condition No. 2 shall be

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

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

3 The access arrangements hereby approved shall be carried out substantially in accordance with the details shown on the plan: 'Roundabout Plan 255-F01 REVB' and specifications as approved unless required by any other conditions in this permission. Reason: To ensure a safe and adequate access can be achieved to the highway network, in accordance with Core Strategy Policy CSP 26.

4 The reserved matters shall be designed in substantial accordance with details contained with the details shown on the plan 'Parameters Plan P 10-083-PP01' dated 14 February. Reason To ensure that design aspirations of the sites development are achieved in accordance and that d the privacy and amenities of the occupiers of adjoining residential property are safeguarded in accordance with Core Strategy Policy CSP 29.

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

6 The development hereby approved shall not exceed a maximum of 200 residential units, the details of which shall be submitted as part of the application for approval of reserved matters. Reason: To ensure the development conforms with the approved outline planning Permission and stays with the maximum assessed level of development.

7 No residential property along the sites eastern boundary bordering Applehaigh View shall be more than two storeys in height. Reason: To safeguard the privacy and amenities of the occupiers of adjoining residential property in accordance with Core Strategy Policy CSP 29.

8 In accordance with Core Strategy policy CSP 35 'Green Space' a minimum of 15% of the development sites gross area shall serve as Public Open Space including provision of LEAP Standard play area. Detailed plans shall accompany the reserved matters submission indicating the type and location of the public open space and a landscape management plan, which includes long term design objectives, management responsibilities and maintenance schedules for all landscape areas for a minimum of 5 years. Thereafter, the development and the landscape management plan shall be carried out in accordance with the approved details. Reason: In the interests of residential amenity to ensure adequate provision of public open space to meet local needs in accordance with Policy CSP 35 of the Core Strategy.

9 The development hereby permitted shall not begin until a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of or enhancement to off-site public open space in accordance with Core Strategy policy CSP35 and the Open Space Provision on New Housing Developments SPD. The provision or enhancement of the off-site open space shall be provided prior to completion of the development in accordance with the approved scheme. Reason: In the interests of residential and visual amenity to ensure adequate provision of public open space in accordance with Core Strategy Policy CSP 35.

10 A scheme for disposing of surface water by means of a sustainable drainage system shall accompany the reserved matters application. The scheme shall include the following details: - Information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; - A timetable for its implementation; and - A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory

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undertaker or any other arrangements to secure the operation of the scheme throughout its lifetime. The development shall be implemented in accordance with the approved sustainable drainage scheme and maintained thereafter in accordance with the approved management and maintenance plan. Reason: To ensure proper, sustainable drainage of the area in accordance with Core Strategy policy CSP3

11 All on-site vehicular areas within any phase shall be surfaced and drained in an approved manner prior to that phase of the development being brought into use. Reason: To prevent mud/debris from being deposited on the public highway to the detriment of road safety in accordance with Core Strategy Policy CSP 26.

12 Pedestrian intervisibility splays, having the dimensions 2m x 2m, shall be safeguarded at the drive entrances/exits such that there is no obstruction to visibility at a height exceeding 1m above the nearside channel level of the adjacent highway. Reason: In the interests of road safety in accordance with Core Strategy Policy CSP 26.

13 No phase of development shall take place, including any works of demolition, until a Construction Method Statement for that phase has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period for that phase. 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 The works shall be completed in accordance with the approved details and a timetable shall be submitted and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety, residential amenity and visual amenity, in accordance with Core Strategy Policies CSP 26 and CSP 40.

14 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:- - provision of a roundabout at the junction of Lee Lane and the site access; - provision of a 2m wide footway along the entire site frontage; - alteration of the speed limit on the site frontage; - widening of Shaw Lane carriageway to create left and right turn lanes; - provision of 2m footway on shaw Lane; - any necessary signing/lining; - any necessary alterations to/provision of street lighting - any necessary alterations to/provision of highway drainage; - any necessary resurfacing/reconstruction. Reason: In the interests of highway safety, residential amenity and visual amenity, in accordance with Core Strategy Policies CSP 26 and CSP 40.

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15 Within 6 months of the occupation of any dwelling a detailed Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall indicate measures that will be put in place to encourage travel by modes other than the private car, and allow for regular reporting and monitoring to be undertaken. Once approved the Travel Plan shall be fully implemented. Reason: In the interest of promoting use of public transport, in accordance with Core Strategy Policy CSP 25.

16 Details shall accompany the Reserved Matters submission indicating how it is intended to secure the improvement and retention of existing or provision of alternate footpaths within the site. Thereafter the development shall proceed in accordance with the proposed details. Reason: In the interests of residential amenity and to ensure that pedestrian access is facilitated in accordance with CSP25

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

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

19 The layout submitted as part of any reserved matters application shall include details of a vehicular route to be provided from the sites entrance off Lee Lane which leads through to the western boundary of the site. The development shall thereafter be implemented in accordance with the approved details. Reason: To ensure that access to adjoining land is not prejudiced in the interests of comprehensive and sustainable planning in accordance with policy CSP 26.

20 The development hereby permitted shall not be commenced until such time as a scheme to improve the existing surface water disposal system has been submitted to, and approved in writing by, the local planning authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site in accordance with Core Strategy policy CSP4.

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

22 No development shall take place until full foul drainage details have been submitted to and approved in writing by the Local Planning Authority, the scheme shall then be implemented in accordance with the approved details. Reason: To ensure proper drainage of the area, in accordance with Core Strategy policy CSP4.

23 No development shall commence until full details of the structural condition (including CCTV survey of any culverted section) and the exact route of the watercourse have been submitted to the Local planning Authority. In the event that any culverted section is in need of repair, or that the watercourse channel is in need of clearance/dredging works, then a repair scheme / works schedule shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall proceed in accordance with the approved details. Reason: To demonstrate its fitness for purpose and proper functioning of the existing watercourse.

24 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 watercourse.

25 No development within any phase, 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 within that phase 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.

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Thereafter each phase of the development shall only take place in accordance with the approved WSI and each phase shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled for that phase 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.

26 No phase of development or other operations being undertaken on site shall take place until the following documents have been submitted to and approved in writing by the Local Planning Authority in respect of that phase: Arboricultural impact assessment Tree protective barrier details Tree protection plan Arboricultural method statement No development or other operations shall take place except in complete accordance with the approved methodologies. Reason: To ensure the continued well-being of the trees in the interests of the amenity of the locality.

27 No development works within any phase shall begin until a report in relation to that phase, 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:- A survey of the extent, scale and nature of contamination. An assessment of the potential risks to human health, property, adjoining land, groundwaters and surface waters, ecological systems and archaeological sites and ancient monuments. An appraisal of remedial options, and proposal of the preferred option(s). A remediation statement summarising the works to be undertaken (if required). The above must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. The development shall thereafter be undertaken in full accordance with the submitted report. For further information, see BMBC's Supplementary Planning Guidance 28, "Developing Contaminated Land". Reason: To protect the environment and ensure the site is suitable for the proposed use in accordance with Core Strategy Policy CSP34

28 The dwelling(s) 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 in accordance with Core Strategy Policy CSP2.

29 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

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

30 Notwithstanding the details submitted within the ecological assessment detailed plans shall be submitted with the Reserved Matters application indicating biodiversity mitigation and enhancement measures. Thereafter the development shall proceed in accordance with the approved details. Reason: To conserve and enhance biodiversity in accordance with Core Strategy Policy CSP 36.

31 A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any part thereof, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out in accordance with the approved plan. Reason: In the interests of the visual amenities of the locality, in accordance with Core Strategy Policy CSP 29.

32 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.

33 The retail unit hereby permitted as part of the development shall only be open between the hours of 06.00hrs to 23.30hrs Mondays to Sundays. Reason: In the interests of the amenities of local residents and in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

34 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 2 of the National Planning Policy Framework 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 25% 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

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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 in accordance with Core Strategy Policy CSP 15.

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2013/0932 – Residential development of up to 200 dwellinghouses and additional retail facility and primary access off Lee lane (Outline) – Land of the North of Lee Lane, Royston, Barnsley


Pond

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APPLEHAIGH GROVE

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HAIG

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B 6428

7 3 .6 m

74.8m

2

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2013/0860 EDF Energy Renewables Erection of 3 no. turbines wind farm with a height of 80m to hub and 126.5m to blade tip, including substation building and ancillary infrastructure. (Environmental Impact Assessment) Site Address: Park Spring Road, Little Houghton, Barnsley

8 letters of objection have been received Site Description The site is located next to the A6195 Dearne Valley Parkway, which is relatively new road that was built as part of the redevelopment of this area following the decline in the coal mining industry. Therefore, there are some modern large scale commercial buildings such as Symphony and ASOS along this road. This section of the A6195, which is called Park Springs Road, lies within a valley and the land on either side is gently undulating. The site is located to the west of Great Houghton (750m away from the turbines) north of Little Houghton (1km away) south of Grimethorpe (1km away), and north east of Darfield (1.5km away). Houses located in the Park Lane area of Great Houghton look down upon the site which is screened by woodland from some longer range views. The Scheme Area covers approximately 90.4 hectares and is currently privately owned land used for agricultural purposes. The site comprises fields each bordered by either a thin lines of trees, hedgerows or trackways. In addition to agricultural land, the site includes small areas of woodland and restored open cast mine workings. Access tracks, a public footpath, a bridleway and several permissive paths cross the site, There are some low hedgerows and widely spaced hedgerow trees. Close to the site are some woodland areas known collectively as White City Woods. The land generally slopes downwards from north to south, with the highest area located in the central portion of the northernmost field. This highest field houses an existing anemometer mast. Views from this area to the south capture Little Houghton and Edderhorpe, the most prominent being the latter. Proposed Development The application comprises a three turbine wind farm that would also have a control building, crane hardstanding and new upgraded access track. The total land take from the above is 0.98 hectares but temporary land take of 0.42 hectares is also required during construction for a compound, blade laydown areas and turning circle. A cable would be located underground to connect the turbines to the Grid. The proposal involves the construction of concrete foundations upon which the turbines would be mounted. The land will be re-instated when the turbines are de-commissioned. Each turbine would have a maximum height to blade tip of 126.5m with an anticipated generating capacity of 2MW. Therefore, the total anticipated generating capacity is 6MW and it is expected that the electricity generated annually will be 1361MWh. The turbines would be a three section tubular steel construction measuring 80m to the hub supporting a rotor containing three blades measuring 41.25m. There would be three control buildings, each would have a floor area of 75m2 and a pitched roof 5.5m high to the ridge. An existing slip road on the A6195 will be used for construction traffic. Peak traffic is likely to occur during delivery of the aggregate necessary for formation of paths and foundations. The access should be able cope with most traffic but a banks man and temporary traffic lights will be used to

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manage flows if necessary. Access tracks would then be constructed between the site entrance and the control building and turbines. A swept path analysis has been submitted to show how the turbines will be transported from the A1M at Doncaster. Whilst, the wind farm would utilise existing tracks wherever possible (it is proposed that 550m of existing tracks will be upgraded) 990m of new tracks will be constructed. The width of the upgraded and new tracks will need to be 5m. During the operational phase of the wind farm very few vehicular movements are predicted. Given the size and scale of the development it has been judged EIA development. As such the applicant has submitted a detailed Environmental Statement covering the impacts of the development on the locality. This includes reports on: - Landscape and Visual Impact - Noise - Archaeology and Cultural Heritage - Hydrology, Geology, and Hydrogeology - Ecology - Ornithology - Socio-Economic Impacts - Shadow Flicker - Transport and Traffic - Technical Issues including Aviation and impacts on Television Reception The applicant also carried out a public consultation exercise prior to submission of the application and has submitted the outcome of this exercise in a Statement of Community Involvement. Policy Context The site is allocated as Green Belt on the Saved Barnsley Unitary Development Plan Proposals Map. Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The adopted development plan consists of the Core Strategy, saved Unitary Development Plan policies and the Joint Waste Plan. Core Strategy CSP6 - Development that Produces Renewable Energy - development that produces renewable energy is acceptable if there is no significantly harmful effect on; • The character of the landscape and appearance of the area • Living conditions • Biodiversity, Geodiversity and water quality • Heritage assets, their settings and cultural features and areas • Highway safety and • Infrastructure including radar. Proposals must be accompanied by information that shows how the local environment will be protected, and that the site will be restored when production ends. The Core Strategy recognises that undulating landscapes can increase the prominence of turbines. Careful consideration will need to be given to the capacity of the landscape to accommodate turbines, the ability to mitigate visual intrusion and cumulative impacts of individual

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sites when they are grouped rather than dispersed. Character assessments will be used to assess the effect of development proposals (see CSP37). CSP21 – Rural Economy – aims to encourage a viable rural economy although, development in rural areas will be expected to: • Be of a scale proportionate to the size and role of the settlement; • Be directly related, where appropriate, to the needs of the settlement; • Not have a harmful impact on the countryside, biodiversity, Green Belt, landscape or local character of the area; and • Protect the best quality of agricultural land. CSP29 - Design - high quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, including (amongst other things): • Topography, important habitats, woodlands and other natural features • Views and vistas to key buildings, landmarks, skylines and gateways • Heritage, townscape and landscape character including the scale, layout, building styles and materials of the built form. CSP30 – states that development will be expected to protect the character and/or appearance of listed buildings CSP34 –seeks protection of the Green Belt which is to be safeguarded and remain unchanged. CSP36 – Biodiversity and Geodiversity – development will be expected to conserve and enhance the biodiversity and geological features of the borough. Development which may harm such features will not be permitted unless effective mitigation and/or compensatory measures can be ensured. CSP37 - Landscape Character - development will be expected to retain and enhance the character and distinctiveness of the individual Landscape Character Assessment in which it is located. CSP40 – Pollution Control and Protection – development will be expected to demonstrate that it is not likely to result in an increase in air, surface water and groundwater, noise, smell, dust, vibration, light or other pollution which would unacceptably affect or cause a nuisance to the natural and built environment or to people. Saved UDP Policies There are no relevant saved policies in the UDP. Development Sites and Places DPD The DSP is at an early stage of preparation and is therefore of limited weight. The following policies are of some relevance to the appeal: SD1 – Presumption in Favour of Sustainable Development – refers to taking a positive approach reflecting the presumption in favour of development contained in the National Policy Planning Framework. Planning applications that accord with other relevant policies will be approved, unless material considerations indicate otherwise. GD1 – General Development Policy – proposals for development will only be approved if (amongst other matters): • They advance the economic ambitions contained in the Economic Strategy;

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• There will be no significant adverse effect on the living conditions and residential amenity of existing and future residents; • They are compatible with neighbouring land and will not significantly prejudice the future use of the neighbouring land; and • They include appropriate landscaping to provide a high quality setting for buildings, incorporating existing landscape features and ensuring that plant species and the way they are planted, hard surfaces, boundary treatments and other NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. Paragraphs of particular relevance to this application include: 14. At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. For decision-taking this means: • approving development proposals that accord with the development plan without delay; and • where the development plan is absent, silent or relevant policies are out of date, granting permission unless: –– any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or –– specific policies in the Framework indicate development should be restricted. 80. Green Belt serves five purposes: • to check the unrestricted sprawl of large built-up areas; • to prevent neighbouring towns merging into one another; • to assist in safeguarding the countryside from encroachment; • to preserve the setting and special character of historic towns; and • to assist in urban regeneration, by encouraging the recycling of derelict and other urban land. 89. A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. 91. When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources. 93. Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure 95. To support the move to a low carbon future, local planning authorities should……plan for new development in locations and ways which reduce greenhouse gas emissions

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97. To help increase the use and supply of renewable and low carbon energy, local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources. 98. When determining planning applications, local planning authorities should: • not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and • approve the application if its impacts are (or can be made) acceptable. 28. Planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. Plans should • support the sustainable growth and expansion of all types of business and enterprise in rural areas • promote the development and diversification of agricultural and other land based rural enterprises 109. The planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. Planning Practice Guidance for Renewable and Low Carbon Energy 2. Government guidance can be a material consideration and should generally be followed unless there are clear reasons not to. 5. The guidance explains that all communities have a responsibility to help increase the use and supply of green energy, but this does not mean that the need for renewable energy automatically overrides environmental protections and the planning concerns of local communities. 30. The assessment and rating of noise from wind farms’ (ETSU-R-97)13 should be used by local planning authorities when assessing and rating noise from wind energy developments. 31. The effects on the following should be considered having regard to safety considerations: - Fall over distance, power lines, air traffic and safety, defence, radar and the strategic road network. 32-35 - Electromagnetic transmissions, ecology, heritage assets, shadow flicker. 38 – Measuring energy output. 39 and 40 - Cumulative landscape impacts and cumulative visual impacts. 45. Local planning authorities should consider using planning conditions to ensure that redundant turbines are removed when no longer in use and land is restored. Consultations Highways- No objection subject to conditions. Pollution Control- No objection subject to conditions. Natural England- No objections subject to conditions. Trees- No objections subject to conditions. Conservation- No objection.

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Environment Agency- No objections subject to conditions. Ministry of Defence-No objections but want to be advised of the Council’s decision, start date on site and any amendments.

NATS - No objection subject to finalising a signed agreement with the applicants on payment for

radar mitigation. RSPB- No objection subject to conditions. Wakefield Council- No Objections Doncaster Council- No reply English Heritage – General observations on need to protect impact on surrounding listed buildings. Representations 8 letters of objection have been received that include the following matters: 1. Considering their size the turbines are too close to houses in Edderthorpe and Rodes Avenue,

Great Houghton. The Planning Minister Nick Boles has advised that turbines should be no less than 2km from residential properties. The Environmental Statement states that the impact on Edderthorpe will be high.

2. Research shows that the proposals will be detrimental the health and well-being of nearby

residents. Concern is expressed about noise nuisance. 3. The ASOS expansion on employment grounds should not be allowed to become a precedent

for turbines. It is the opposite as little or no employment will be created by this proposal. 4. The evidence that the turbines will operate effectively in this location is inadequate. 5. The 12% renewable target in not worth the environmental impact. They generate very little

electricity benefiting the landowner and energy companies that receive a large subsidy. 6. The general public and local community will not benefit. The £30,000 that ERDF will contribute

to the community is nothing more than a worthless bribe. 7. The area has only just been transformed with landscaping and this should be preserved. 8. Concern is expressed about the adequacy of electricity transport infrastructure in the area.

Little information is given regarding the grid connection point. Will there be a need for more pylons and new higher capacity cabling.

9. Concern about the effect on public rights of way in the area. These will need to be temporarily

closed during construction or widened affecting hedgerows. 10. This will be the precursor to more applications for wind turbines. 11. The proposal will devalue houses in the area.

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Assessment Principle of Development - The site lies within the Green Belt. The proposed development constitutes inappropriate development and would affect openness. Inappropriate development is, by definition, harmful to the Green Belt and such development should not be approved unless very special circumstances can be demonstrated. Very special circumstances will not exist unless the harm by reason of the effect on openness and any other harm, is clearly outweighed by other considerations. The proposal is therefore, potentially in conflict with Core Strategy policy CSP34 which seeks protection of the Green Belt. Very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable resources whatever their scale, and this should be given significant weight in determining proposals. The NPPF also reiterates the importance of Green Belts and in particular, their openness and permanence and local planning authorities should plan to retain and enhance landscapes, visual amenity and biodiversity. Substantial weight is given to any harm to the Green Belt. In a specific reference to renewable energy projects, paragraph 91 of the Framework indicates that where such projects constitute inappropriate development, developers will need to demonstrate very special circumstances if these projects are to proceed. The paragraph goes on to say that very special circumstances may include the wider environmental benefits associated with the generation of energy from renewable sources. Paragraph 98 states planning authorities should: “not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small – scale projects provide a valuable contribution to cutting greenhouse gas emissions” National Policies therefor indicate that the Government is committed to seeking means of generating electricity from renewable sources. Energy produced from renewable sources makes a vital contribution to meeting the UK renewable energy targets and also aids in increases the security of the domestic energy supply. In this case, the energy production from the turbines is significant. Each turbine has a generating capacity of 2MW meaning that the overall scheme for three turbines has a generating capacity of 6MW. To quantify this energy production, it has been calculated that the development could provide approximately 3191 households with renewable energy annually. The output of the wind farm is could therefore meet the approximate equivalent anticipated needs of the total domestic energy consumption of residential properties in Great Houghton, Little Houghton and Grimethorpe. Alternatively, the output of the wind farm could provide the equivalent of approximately 42 per cent of the total domestic energy needs of the town, villages and isolated residential properties within 2 km of the site (amounting to approximately 7,500 homes). Therefore, there are significant very special circumstances, in the form of renewable energy output, in favour of the development. However, it is still necessary to assess whether the very special circumstances put forward clearly outweigh the harm to the Green Belt, local landscape, and other material considerations. Landscape and Visual Impact - The site is within the Green Belt and therefore it is important to consider the proposal’s impact on the character and openness of the Green Belt. In Landscape Character terms, the Barnsley Landscape Character Assessment puts the site within C2: Lower Dearne Lowland River Floor. The character of the landscape is described as follows:

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“..flat valley floor of variable width…sloping valley sides. Residential settlement on the valley floor is scarce, but frequent on the valley sides immediately outside the catchment area. Commercial or industrial development is present in localized areas on recently reclaimed land, or on land that has been under commercial or industrial use for some time. New large warehouse style buildings appears as incongruous features due to their size, and their locations on the valley floor. Linear transport/communication development, in the form of active roads and overhead power lines, and a dismantled railway lines, are common. However, landscape character C2 is in a state of change, with much of the landscape recently reclaimed and in an immature condition.” The Landscape Character Assessment judges the landscape character and condition as ‘moderate’. It recognises, however, that due to its openness, built development would be highly conspicuous. Due to the size of the turbines they are going to be very prominent and visible on a wide scale. The applicants have put together a landscape assessment report and a series of photo montages which includes cumulative impacts within a 20km radius. The landscape assessment defines 4 areas around the site and sets out the sensitivity of these areas as being medium except for the Grimethorpe Settled Wooded Farmland, which is defined as being high. There is a public bridleway in Great Houghton but views are limited by the woodland. The report makes the argument that the area around the site has been substantially altered by man made features notably due to agriculture, coal mining, the new A6195 Dearne Valley Parkway and large scale commercial developments (e.g. ASOS). So it is stated that the landscape is capable of accommodating further change. Notwithstanding the above, there would be a number of long range views of the turbines, which are individually assessed in the report and photo montages. The main uninterrupted close range views would be from the Park Springs Road and the Church Street and Rodes Avenue area of Great Houghton. On the opposite side of Park Springs Road houses on Edderthorpe Lane will have a clear view of the turbines albeit behind ASOS. It is accepted that the turbines by virtue of their height and moving turbine blade will have visual effects that cannot be mitigated by adjusting the siting or use of screening. Nevertheless, the linear form of the turbines is regarded as being a good fit in with the large man made elements within the valley. From most viewpoints the turbines would be seen against the background sky so the pale grey semi-matt finish would blend in. The blade will not rotate unduly quickly and its movement would not appear incongruous. Furthermore recent woodland planting in the area will help to screen the turbines from many residential areas. Hedgerow and other enhancements are proposed within the ecology report. In terms of the cumulative impact other wind turbines in the study area include Marr (4), Hampole (4) and Penny Hill Lane (6) have been considered. These are all outside the Barnsley MBC area and only the recently approved single 77m high turbine at Ferry Moor Lane, Cudworth is within the Borough. This was assessed by the Council in full knowledge of the details of this application. There was also an appeal decision to allow the erection of 2 no. 80kW wind turbines on 24.8m monopole masts (height 35m to blade tip) on land adjacent to Mount Pleasant Farm, Stonebridge Lane, Great Houghton. This is to the north east of Great Houghton and the proposed turbines are to the west. The turbines would not be seen together from any settlement main road. The applicant’s landscape assessment concludes the following: “The proposed Park Spring Wind Farm has been designed to provide a simple, clearly structured, balanced composition that relates to the scale of the landform, as well as the grain of the site contours. The scale and number of turbines proposed are considered appropriate to this

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landscape. They have been sited to avoid the locally prominent hill to the south, which is the most visually sensitive area of the site. Elements of the turbine design, including a recessive matt pale grey colour and low turbine rotation speed, would help mitigate visual effects. Ancillary facilities would be sited to take advantage of screening by existing landform and/or trees and hedgerows, with additional screen planting where necessary. Through consideration of these factors the proposed development has been designed to protect the character and visual amenity of the surrounding landscape.” It is acknowledged that the turbines, at a tip height of 126.5m will be prominent features, especially in the local landscape, However, it is considered that, on balance, the local landscape, made up of predominantly commercial buildings and reclaimed land, can take the impact of the proposed structures, and the benefits gained through significant electricity generation would outweigh the overall impacts on the local landscape and the character and openness of the Green Belt. Residential Amenity - The nearest houses that could be affected are at Great Houghton (750m), and to the north of Little Houghton (1km). The main area of concern in relation to wind turbines is the proximity to houses, potential for noise nuisance and shadow flicker. These are discussed in the sections below Proximity to Houses -The submitted photomontages show that the turbines will be clearly visible when viewed from some nearby houses. They are a considerable size at 126m so will represent a significant change. Government guidance issued in July 2013 is clear that visual impact is a key consideration. However, there is no advice regarding appropriate distance and 750m is considered a sufficient distance between the turbines and the nearest dwellings to avoid any significant overbearing impacts. Furthermore, the topography is such that the land falls away. Whilst the outlook from these properties would be affected it is considered that no significant material harm would result. Noise - A noise assessment has been submitted based on the ETSU-R-97 guidelines for wind turbines and wind farms. This sets out good practice including measuring noise from the nearest noise sensitive properties at 10 minute intervals with a noise limit of 5dBA above the measured background for the wind farm as a whole. The ETSU-R-97 guidelines set out recommended day time (35dBA) and night time (43dBA) noise levels to be achieved in relation to existing background noise levels. The noise levels during operation will be affected by hub height wind speeds and the cumulative impact of multiple turbines. The information from the applicant suggests that these levels will be met and subject to conditions no objections are raised. There will also be potential noise nuisance due to the construction and decommissioning but the distances involved to the nearest noise sensitive receptors mean that no material harm would be caused. In addition this would only be for a temporary period of time. Shadow Flicker - This is caused by the rotation of the blades casting an intermittent flicker and can be affected by factors such as the position and height of the sun. The effect will not be significant at distances over 10 times the rotor diameter of the turbine (920m in this case). Although there is no guidance within the English planning system on what criteria should be used to determine the significance of impact of shadow flicker, Wind Energy Development Guidelines published by the Ireland Department of the Environment, Heritage and Local Government (2006) states that it is recommended that shadow flicker at dwellings should not exceed 30 hours per year or 30 minutes per day. This has therefore been used as a point of reference to assess the impacts, although it is acknowledged that this is not specified in English planning legislation and therefore appropriate weight needs to be given to this aspect

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There are a number of properties in Great Houghton within 920m of the proposed turbines. These are on Crabtree Drive, Park Lane, High Street, Pear Tree Close, Crabtree Grange Farm, Ashwood Grove, and Milton Street. A table has been produced given the amount of time when Shadow Flicker would occur. The maximum is 30 hours per year and this is exceeded at only one property on Crabtree Drive by 29 minutes per year on the worst case scenario. Given, the level is only slightly above a guideline, and this is based on a worst case scenario, it is not considered that this would be significant enough to substantiate a reason for refusal. TV signals - The applicant has carried out assessment on both analogue and digital television receptions. This concludes that that detrimental impacts to television reception in homes are unlikely to occur. However, as TV signals can be affected by turbines and large buildings a condition is recommended to ensure that if any impact are shown to occur that appropriate mitigation is carried out. Heritage - The application is supported by an analysis of the likely impact on each of the heritage assets that the applicants have identified in the surrounding area (within 5km of the site). This has been assessed by the Council’s Design and Conservation Officer. The applicants have responded to initial concerns raised in relation to the impact of the wind turbines on the listed church at Great Houghton. A further detailed assessment expanded on the original statement and whilst the setting of the church will change this will not be harmful to the special interest of the listed building. This is mainly due to the fact that the present setting is already impacted upon by the adjacent (modern) housing estate and the modern paraphernalia in the distance, and the fact that once the wider setting would have been limited to the now demolished Great Houghton Hall. The Council’s Design and Conservation Officer has assessed the information and raised no objections to the scheme. English Heritage were also consulted and have raised no objections to the scheme. Highway Safety - The main issues relating to highway safety are concerned during the construction period. Once the turbines are on site and are operational there will not be the need for any large vehicles to visit the site as general maintenance can be carried out by smaller vans. The applicant has submitted a Transport Assessment for the scheme. This intends to utilise an existing slip road off the A6195 top access the site. The sliproad would need upgrading and would then be utilized as part of the access route to the site. The junction onto the sliproad would be constructed to provide a visibility splay in accordance with the standards suggested by the Design Manual for Roads and Bridges. The applicants have also stated that they will work with BMBC Highways Authority on the management of the access into the site during the construction period to ensure safe maneouvres into and out of the site However, the erection of three 126m turbines will entail the transportation of abnormally large loads on the highway network and the proposed route from the A1M would affect roads in both Barnsley and Doncaster. The proposed route would be on main roads and the applicants have already indicated a potential route utilizing the A635 and A6195. However, This matter needs to be adequately addressed by swept path analysis information and where necessary measures such as removing obstructions such as signage. Initial concerns were expressed by Highways about the adequacy of the submitted swept path analysis information but it is now considered that the matter can be satisfactorily resolved by imposing suitable planning condition especially as the route is along the A635 and A6195. Highways, have therefore raised no objections to the scheme. Public Rights of Way - There is a public right of way that runs through the site and a permissive footpath that crosses the site. Neither way will be diverted but upgrading works could as the application proposes to utilise part of the tracks as an access route. The Public Rights of Way Section have been consulted and have raised no objections to the scheme but have recommended a condition relating to the works to the access paths to be confirmed. They have also indicated that the applicant will need to liaise with BMBC on temporary footpath closures during the construction works.

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NATS - NATS initially objected to the development. However, they have since confirmed that they are in receipt of funding and a signed contract from the developer securing radar mitigation. NATS have confirmed that the completion of this agreement will allow them to withdraw their objection. Ecology - The application is supported by an Extended Phase 1 Habitat Survey and individual surveys for Badgers, Otters and Water Vole and Bats. These reports indicate that there are no statutory nature conservation sites (SSSI) within the search radius. There are non-statutory Local Wildlife Sites located within 2km at Elderthorpe Ings and West Haigh Wood. The site supports a variety of breeding, passage and wintering birds and there are woodlands, mature trees, hedgerows, ditches, open water, marshy inundation grasslands and shoreline habitats. Whilst, the majority of habitats are not recorded as protected habitats within the Barnsley Biodiversity Action Plan, some ponds and hedgerows are recorded as having local conservation value. The main impacts in relation to badgers would occur during the construction phase i.e. due to excavations and vehicle movements. There are no existing recorded setts in the affected area but new setts may be formed and if any are discovered the report recommends that appropriate measures will be taken. There is no evidence of any otters in the area but there were water voles observed in one of the ditches. There is potential for damage to occur to habitats during the construction phase but the current layout would avoid this happening. There are High Risk, Moderate Risk and Low Risk Species of bats identified. The survey results show that the high risk Nyctalus group of bats only occasionally (a single hour in 35 nights) forages intensively in areas in which there is a risk of collision or barotrauma (caused by atmospheric pressure). Therefore, the turbines are sited to ensure a minimum of 50m is maintained between the tip of the turbine blade and the nearest feature regularly used by foraging bats (e.g. woodlands) or known commuting route. Natural England has indicated that his application is in close proximity to Carlton Main Brickworks Site of Special Scientific Interest. However, given the nature and scale of this proposal, Natural England is satisfied that there is not likely to be an adverse effect and this SSSI does not represent a constraint in determining this application. Hedgerows/Trees - The objectors have stated that hedgerows will be adversely affected by the widening of paths for construction traffic. The applicants’ documentation indicates that species rich hedgerows are a priority habitat in the Barnsley Biodiversity Action Plan. It is acknowledged that depending upon the construction access route hedgerows may be directly or indirectly affected by the development and as such mitigation/compensation may be required. Options may include protection of habitats in situ or its reinstatement post construction. A condition is therefore recommended to ensure that these details are assessed prior to commencement of development and that appropriate replacement planting is gained to provide an overall benefit to biodiversity. Ornithology - The application is supported by an Ornithology-Vantage Point Survey and Collision Risk Modeling which includes data on predicted collisions of Peregrine, Golden Plover, Lapwing and Black Headed Gull. The predicted avoidance rate is 98% of total flights. Therefore, the predicted number of collisions annually is proportional to the numbers of birds found in the area and is given as Peregrine (0.04), Golden Plover (41.4), Lapwing (15) and Black Headed Gull (16.2). The RSPB have indicated that the site is approximately 300m from the RSPB land at Edderthorpe Ings and adjacent to core ecological habitat with the Dearne Valley Nature Improvement Area.

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There are roost sites for the nationally important population of Golden Plover at a distance of about 600m from the site. Lapwing and Golden Plover will regularly fly past the site. However, the submitted information is acceptable and no objections are raised to the layout subject to a condition requiring further discussion on mitigation to avoid bird collision, potential for improvements to the NIA and future annual monitoring. Conclusions This is a Green Belt location but there is a sound very special circumstances case based on significant renewable energy generation, and the moderate landscape character to justify allowing inappropriate development in this instance. Whilst these are large turbines at 126m high they are set in the context of large buildings (ASOS and Symphony) located on a main road through a regeneration area where other such buildings are proposed. There are no other major turbines developments in the immediate area, although smaller turbines have been approved along the A6195. However, these have been considered as part of this application and it is not considered that there will be any significant detriment from cumulative impact. There will be significant views of the turbines from some locations such as along Park Springs Road, parts of Great Houghton and Little Houghton and Edderthorpe. Views from other residential areas in the vicinity are screened by woodland and topography. The distances involved are sufficient to ensure the turbines will not be unduly obtrusive and that noise and shadow flicker will not cause material harm. There are ecology, ornithology and heritage assets in the area but the application reports cover how these matters are to be addressed and are sufficient to show that there will be no justification to refuse permission. There was an objection from NATS but agreement has been reached for works to radar to address their concern. During the construction phase there will be potential for damage to existing hedgerows but a condition seeking further information will address this matter. Likewise the route taken by abnormal loads from the A1M can be addressed by a condition. 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 (as specified in the Environmental Statement Volumes 1,2, and 3 prepared by Parsons Brinckerhoff dated July 2013) unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.

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3 The scheme shall proceed in accordance with the mitigation measures and other recommendations outlined in the submitted Ecological Assessments and Ornithology Report by Parsons Brinckernhoff. Reason: In the interests of biodiversity in accordance with CSP 36.

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

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

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

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

8 No development hereby permitted shall be carried out until details of the colour and finish of the turbine, blades and masts have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. Reason: To ensure an appropriate finish in accordance with policy CSP29 of the Core Strategy.

9 The planning permission hereby granted shall be for a period not exceeding 25 years from the date that electricity is first exported from the turbines hereby permitted to the national grid. The date when electricity is first exported from the turbines shall be notified in writing to the Local Planning Authority within 28 days of that event. At the end of the 25 year period, the turbines shall be decomissioned. Within three months of the decomissioning, the turbines and all associated equipment and works shall be removed from the site and the site restores in accordance with a scheme which shall have been previously submitted to and approved in writing by the Local Planning Authority. Reason: To protect the openness of the Green Belt in accordance with policy CSP34 of the Core Strategy.

10 No development shall take place until a detailed scheme for the landscaping of the site, which shall include the planting of species rich hedgerow and reinstatement of stone walls within the site, shall be submitted to, and agreed in writing by, the Local Planning Authority. The scheme shall include but not be limited to details of hedgerow species, number and size of plants, mix, planting method and aftercare for a period of at least 5 years. Planting shall be carried out in accordance with the approved scheme during the first available planting season following the date of commissioning of the site as identified in condition 3 above. The reinstatement of stone walls shall be completed in accordance with the approved scheme within 6 months of the date of commissioning. Reason: In the interest of local amenity and biodiversity in accordance with Core Strategy policy CSP36.

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11 No development or other operations shall take place until the following documents have been submitted to and approved in writing by the Local Planning Authority: Details of tree and hedgerow removal/retention Tree and hedgerow protection details and plan Details of tree and hedgerow replacement/mitigation planting works No development or other operations shall take place except in complete accordance with the approved methodologies. Reason: To ensure the continued well being of the trees and hedgerows in the interests of the amenity of the locality in accordance with Core Strategy policy CSP36.

12 No development shall commence on site, until 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 asses the existing state of the highway. On completion of the development a second condition survey shall be carried out and shall be submitted for the written approval of the Local Planning Authority, which shall identify defects attributable to the traffic ensuing from the development. Any necessary remedial works shall be completed at the developer's expense in accordance with a scheme to be agreed in writing by the Local Planning Authority. Reason: In the interests of highway safety in accordance with CSP26.

13 No development shall take place on site until full details of the site access and any over-run area and site access gate, have been submitted to, and approved in writing by the Local Planning Authority. The details shall provide for the first 20m of the site access to be surfaced and drained in an approved manner prior to the development being brought into use Reason: In the interests of highway safety in accordance with CSP26.

14 Sight lines, having the dimensions 4.5m x 215m, shall be safeguarded at the site entrance/exit such that there is no obstruction to visibility at a height exceeding 1.05m above the nearside channel level of the adjacent highway, Reason: In the interests of highway safety in accordance with Core Strategy policy CSP26.

15 No development shall take place 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/decommissioning period. The Statement shall provide for:- a) the parking of vehicles of site operatives and visitors; b) loading/unloading of plant and materials; c) storage of plant and materials used in constructing/decommissioning of the development; d) the means of access of construction traffic; e) measures to prevent mud/debris from being deposited on the public highway. Reason: In the interests of Highway Safety in accordance with Core Strategy policy CSP26

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16 No development shall take place on site until details shall be submitted to and approved in writing by the Local Planning Authority of arrangements which secure the following highway mitigation and subsequent reinstatement works: a) removal/replacement of street furniture; b) hard surfacing of highway verges; c) any necessary changes to/ provision of street lighting; d) any necessary changes to/ provision of highway drainage; e) resurfacing/reconstruction of carriageways/footways/verges as necessary f) hours of construction work 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.

17 The development hereby permitted shall not be commenced until such time as a scheme to improve the existing surface water disposal system has been submitted to, and approved in writing by, the local planning authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site in accordance with Core Strategy policy CSP40.

18 Prior to the commencement of the development, a Traffic Management Plan covering the duration of the construction/commissioning and restoration/decommissioning periods shall be submitted to, and approved in writing by the Local Planning Authority. The development thereafter shall be carried out in accordance with the approved Traffic Management Plan. The Traffic Management Plan should provide for but not be limited to:- a) measures to provide advanced notice to local residents, schools, businesses, farmers and equestrian centres of periods of excessively high vehicular movements and excessively large loads; b) restriction of excessively high vehicular movements and large loads to off peak hours; c) proposals for any off-site holding areas; d) measures to strengthen the highway as appropriate; e) route signage; f) temporary road closures. Reason: In the interests of highway safety in accordance with Core Strategy policy CSP26

19 The meteorological mast shall only be placed on site for a period of 6 months. On expiration of the 6 month period the mast shall be removed from site. The Local planning Authority shall be notified in writing of the date when the mast is erected within 28 days of that event. Reason: To protect the openness of the Green Belt in accordance with CSP 34.

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20 Prior to the commencement of development, a report providing details of the accurately autotracked route for delivery of the turbine to the site, including details of any conflict with street furniture and any necessary overrun areas, shall be submitted to and approved in writing by the Local Planning Authority. The report shall details arrangements which secure the following highway improvement works: - Any mitigation measures that may be required as a consequence of conflict with street furniture The works shall be completed in accordance with the approved details and a timetable to be submitted to and approved in writing by the Local Planning Authority. Reason: In The interest of highway safety in accordance with CSP 26

21 Prior to the commissioning of the wind farm, a scheme shall be submitted to, and approved in writing by, the LPA, providing for the remediation of any interference to domestic television reception attributable to the wind farm/turbines (such remediation to be at the cost of the operator). The approved scheme shall thereafter be implemented as required. The scheme shall include but not be limited to the investigation by a qualified television engineer of any claim by any person for domestic television picture loss or interference at their household within 12 months of the commissioning of the wind farm. The results of any investigation shall be submitted to the LPA. Should any impairment to the television reception be determined as attributable to the wind farm, such impairment shall be mitigated within 3 months of this decision in accordance with the approved scheme. Reason: In the interest of local amenity in accordance with CSP 40.

22 Prior to the commencement of development, a Wind Farm Management Plan shall be submitted to, and approved in writing by, the LPA. The Wind Farm Management Plan shall include but not be limited to: Measures for the management of adverse weather conditions (high wind, freezing fog, ice etc.) at the site; Details of any proposed floodlighting/security lighting; and Details of maintenance inspections aimed particularly at keeping operational noise levels within the limits specified in condition 6 above. The development thereafter shall be carried out in accordance with the approved Wind Farm Management Plan. Reason: To maintain and ensure effective environmental monitoring and management of the development in accordance with CSP 40.

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2013/0860 – Erection of 3 no. turbines wind farm with a height of 80m to hub and 126.5m to blade tip, including substation building and ancillary infrastructure (Environmental Impact Assessment) – Park Spring Road, Little Houghton, Barnsley


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2014/0041 Barnsley College Erection of two/three storey Construction Centre including teaching workshops, classrooms and external teaching yard. Barnsley College Honeywell Lane Campus, Barnsley, S75 1BP

One letter of representation has been received. Background The construction campus of Barnsley College is currently split into five buildings between Bart Green and Old Mill Lane. The property at Bart Green only has a temporary change of use permission for its current activities and the demand for vehicle maintenance learning has overgrown current workshop provision. The long term aim over the last six years has been to relocate construction activities into a single building on the Honeywell Campus, as part of the overall masterplan for the site.

Site Location and Description The application relates to development at Barnsley Colleges’ Honeywell Campus. The campus is located to the north of the Town Centre and supports indoor/outdoor sports facilities, Think Low Carbon Centre and Nursery. An extension is currently being undertaken to the sports centre in accordance with details approved on planning application 2011/1464. Vehicular access to the site is taken from the north off a spine road which connects to Honeywell Lane, a separate pedestrian link to Huddersfield Road and the Town Centre is provided to the west. The site is bounded to the North and West by residential developments and to the east and south by a railway line. The application site is a triangular piece of land located within the south western corner of the campus which measures approximately 0.5ha in area. Levels change across the site in the region of 3-4 m from east to west. The site has been recently cleared of vegetation albeit for a line of trees along the western boundary to the railway line. Proposed Development The application has been submitted for full planning permission for the erection of a new construction centre (D2 Use) at the site of Barnsley Colleges’ Honeywell Campus. The centre would bring together the construction curriculum which is currently scattered across a number of leased units. Trades which the centre would support include brickwork, plastering, joinery, plumbing, gas fitting and painting and decorating. The building would comprise of the following:

Construction of a new 2/3 storey building with a footprint of 5,000m²

Teaching space which includes practical workshop areas as well as traditional classroom environments.

An external covered project area for large scale cross discipline activities.

Improvements to external works to create new landscaped arrival plaza and pedestrian link between the centre and existing buildings within the campus.

Creation of a new external teaching and servicing area.

Integration of low carbon and on site renewables and sustainable design principles.

Ancillary welfare and catering facilities.

Provision of 19 on-site parking spaces, 6 motorcycle spaces and storage for 32 cycles.

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Integration of low carbon on site renewables and sustainable design principles to achieve a target BREEAM rating of excellent.

The development needs to be delivered by September 2015 in order to meet Skills Funding Agency requirements. Relevant Planning History 2006/0900 – Construction of new sports hall and outdoor all-weather pitches 2009/0609 – Mixed use development of residential, offices and relocation of college sports hall and tennis courts. 2010/0192 – Erection of centre for sustainable construction and renewable energies 2010/1464 – Erection of two storey extension to sports centre to create additional classrooms. Policy Context Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation. Core Strategy CSP1 Climate Change CSP2 Sustainable Construction CSP3 Sustainable Drainage Systems CSP4 Flood Risk CSP5 Including Renewable Energy in Developments CSP8 The Location of Growth CSP25 New Development and Sustainable Travel CSP26 New Development and Highway Improvement CSP27 Parking Strategy CSP29 Design CSP30 The Historic Environment CSP 36 Biodiversity and Geodiversity CSP40 Pollution Control and Protection CSP43 Educational Facilities and Community Uses Saved UDP Polices BA35 Existing Community Facilities SPDs/SPGs & other relevant guidance SPD Parking Town Centre – Public Spaces Strategy BMBC Building Heights Study The Remaking Barnsley: Strategic Development Framework 2003-2033

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Emerging Development Sites and Places DPD

Proposed allocation: Urban Fabric

SD1 Presumption in favour of sustainable development GD1 General Development Policy

NPPF

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

In respect of this application, relevant policies include:

Chapter 1 Building a strong, competitive economy Chapter 4 Promoting sustainable travel Chapter 7 Requiring good design Chapter 10 Meeting the challenge of climate change Chapter 12 Conserving and enhancing the historic environment

Consultations

Biodiversity Officer: Has commented that the site has been recently cleared of scrub vegetation and has recommended that biodiversity enhancements are secured as part of any approval.

BMBC Drainage: No objections subject to conditions.

Civic Trust: The design of the building is visually acceptable but the size is out of scale with other buildings at the campus.

Coal Authority: Site falls outside of the Mining Referral Area. No objections subject to standing advice being applied.

Contaminated Land: No objections.

Design: No objections, the scheme has in large addressed the Design Panel comments.

Forestry Officer: No objections subject to details of landscaping being approved and appropriate measures being put in place to protect on site trees during construction.

Highways: No objections subject to conditions.

SYMAS: Made ground and Landfill material exist on the site, however, adequate provisions have been made to address this. SYPTE: No objections, site is within a sustainable location. SYPALO: No objections but identify that a lighting strategy should be incorporated. Yorkshire Water: No objections subject to conditions.

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Representations The application has been advertised by way of a site notice and properties which share a boundary to the site have been consulted in writing. One letter of representation has been received stating that it is essential that adequate parking is provided at the site. Assessment Principle of Development - Planning applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In the context of Barnsley the Development Plan comprises the adopted Core Strategy, and the remaining saved polices in the Unitary Development Plan. The National Planning Policy Framework is a material consideration in planning decisions and this advises that Local Planning Authorities should approach decision making in a positive way to foster the delivery of sustainable development. The site is located within the Honeywell campus which is an established education environment, from which the college currently delivers its curriculum. The site is allocated as a Community Facility on the Saved UDP proposals map, and as such Policy CSP 43 therefore applies. CSP43 prioritises investment within education to support the development of the economy and to help raise educational attainment within the Borough. The campus is undergoing continued investment, this is typified by the recent completion of the Think Low Carbon Centre and the current extension to the existing sports facility. As an established education site the proposed location complies with policy CSP43 ‘Education Facilities and Community Uses’, which states that new education facilities should be located centrally to the communities that they serve, in places where they shall be accessible by walking, cycling and public transport. These principles have already been established and as such these considerations should be afforded significant weight in favour. Visual Amenity and Design - The design has been driven by the desire of the college to provide a high quality teaching and learning facility especially tailored to meet the needs of the construction and sustainable technologies curriculum. The architects have responded with a distinctive two storey building divided into two linked sections, one of which incorporates a feature saw toothed roof. The design is intended to be both inspiration and aspirational, to create an innovative teaching environment for future students. Preliminary drawings were taken before the Design Panel whose main comments related to the need to make the main elevations more aspirational and to ensure accessways are legible and well lit. The drawings have therefore been developed to respond to these points. The building layout is arranged with a clear distinction between teaching/breakout & workshop spaces, these are located within each of the respective sections. The teaching areas would be located toward the front of the building and the workshop to the rear. The workshops would be connected to an external teaching area, adjacent to parking and servicing for the building on the southern boundary. The building would clearly have a strong and distinct presence, with a strong entrance to give a sense of arrival. There are distinct forms for each block reflecting simplicity of the layout. At the front of the building (the teaching areas) is a linear light clouded block which ends on the eastern facing elevation with a large rectangular picture window, framed by a substantial projection. This would benefit good quality views looking east from the site, across the valley. The rear of the building (the workshop areas) would be more subdued, it would have a distinctive saw toothed roof form which incorporates roof lights. The design of the workshop would describe a more vocational/industrial environment.

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Overall the design would deliver a solid and robust looking building, and this is enforced by through the choice of materials, which include brickwork, feature stone, profiled cladding and large elements of glazing. The materials would be united by a dark masonry plinth which would also follow through to retaining structures within the landscaping. The main entrance to the building would be taken from the teaching block on the northern elevation. This comprises of a large glazed façade which would open onto a feature landscaped public plaza, the glazed frontage to elevation would provide a view through the building into the workshop area. The pedestrian link from Huddersfield Road would connects with this area and the buildings entrance, from here a flight of stairs would then descend to the spine road from which other on-site facilities could be accessed. The plaza would comprise of a structured soft and hard landscaped area. All footpaths would be paved and complemented with low-level lighting which in turn would be bordered by tree planting. It is intended to provide a grassed informal amphitheatre and seating area adjacent to the plaza. The purpose of this would be to enlighten the entrance to the centre, and to create a social space for students and visitors alike. The construction yard on the southern elevation would measure 387m² in area, it comprises of two elements. There would be a covered element to allow outside teaching across multiple disciplines and to facilitate this there would be some outside storage. This would comprise of 9 steel containers located along the boundary to the railway line. In addition provision would be made for refuse (8 Euro Bins) and 2 skips. A compound around the yard would be created by a 2m high security fence, the appearance of this would in turn be softened by further tree planting. Whilst outside storage is not preferable, the containers would offer a robust storage solution appropriate to the use. Furthermore the hard and soft landscaping measures would ensure that the area is appropriately screened, taken with the isolated nature towards the rear of the building it is therefore not perceived that the storage area would cause any visual harm The Honeywell campus is a self-contained site which is largely screened from surrounding vistas. The building would clearly form a significant structure, which has been commented upon by the Civic Trust. However, its location within the sites southern corner would mean that it would not form an intrusive structure within the locality. Views of the building would be taken from long distance vistas across the valley. The building from this view would therefore be seen in the context of the whole campus and its landscaped surroundings. Overall it is considered that meets with aspirations identified by the Design Panel with the centre and associated landscaping works forming a welcome addition to the Honeywell Campus. The design would provide a high quality teaching environment which would contribute significantly to the delivery of the college’s curriculum. This would meet with the requirements of policy CSP29. Residential Amenity - The nearest houses are on Bridge Street but these are separated from the site by the Leeds to Sheffield railway line. The building will be on higher ground but the impact on the occupiers of these properties would not be significant due to the intervening distance and subsequent screening from landscaping features and the railway line. Sustainability & Drainage - The proposal represents the redevelopment of a brownfield site which is also located within close proximity of the town centre. This adheres to the principle of sustainable development. In accordance with policy CSP2 the design and access statement identifies a commitment to ensuring that the building would achieve a BREEAM standard of Excellent. This would adopt many of the principles which are being taught to students at the Think Low Carbon centre. This will ensure that sustainable credentials are embedded into the design of the scheme to reduce overall

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energy use and long term emissions from the building. To ensure compliance with this it is recommended that a condition is applied requiring final certification as proof. A drainage statement has accompanied the application which has also investigated the ability for SUDs to be incorporated into the scheme. An investigation of the soils has identified that this should be feasible for the majority of the site. A further site investigation (which would be conditioned) would be commissioned to determine the type, location and depth of any soakways on the site. The Council’s Drainage Section have confirmed that there is a combined public sewer in the area so foul drainage should not be a problem. Highways - Vehicular access to the campus would remain unchanged and the centre would link directly to the spine road which serves the wider campus from Honeywell Lane. The centre would therefore be accessed and serviced identically to that of other premises within the campus. The main pedestrian access would continue to be taken via the link footpath which connects the site to Huddersfield Road and the Town Centre, this would however, have some improvements with new landscaping and lighting. The highway impacts resultant from the development proposals has been comprehensively reviewed. The site is located on the periphery of the town centre meaning that it is highly accessible to the highway network and means of public transport. Start times for students at colleges tend to be staggered throughout the day and overall car ownership levels also tend to be low. Concerns had been raised within the representation about the levels of parking at the site. In total 19 new vehicle spaces would be provided as well as 6 motorcycle and 32 cycle spaces. The SPD normally recommends that 1 parking space is provided per 15 students and 1 space per 2 members of staff. This would equate to approximately 58 spaces. However, when located in central locations served with good access to the transport network the SPD states that a 70% reduction is applied. With this in mind the on-site provision exceeds parking guidelines by 4 spaces. The Highway Authority have considered the impact of the development on parking in the vicinity of the application site, the potential impact on public transport and the impact of the increased traffic flows on the surrounding highway network. The conclusion is that adequate provision for onsite parking has been made, and the impact on the highway network, having full regard to capacity and safety, would be acceptable. Trees and Biodiversity - The site has been cleared of vegetation. However there are a number of mature trees that have been retained which are located just outside of the western boundary to the railway line. These trees have an amenity and biodiversity value and also provide an element of screening to properties located on the opposite side of the railway line. The proposals would see a robust planting scheme introduced along this boundary to further complement the value of those trees within the vicinity. A condition is recommended to be applied requiring protection measures throughout the construction period to prevent any damage to existing trees.. The indicative Landscape Masterplan has been submitted as part of the proposal and shows that there will be a significant gain in tree numbers as a result of the landscaping proposals. This would extend beyond the building and along the footpath to the new plaza. Further information is required regarding species to be planted, the materials to be used and the precise design of some of the landscape features, however this can be controlled through the use of suitably worded conditions. An ecology survey has identified the site to be of low value which is not supporting habitat for protected species. The proposed planting/landscaping would therefore have a positive impact in raising the sites overall biodiversity value. Accordingly it is considered that the proposed

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development is acceptable in terms of its potential impact on nature conservation and that it is in accordance with polices CSP35 and CSP36. Conclusion The proposal represents the expansion of the college within its established Honeywell Campus., which is part of Urban Barnsley, a priority area for growth. It would consolidate the delivery of the college’s construction curriculum to one central purpose built campus. The sites location on the edge of the town centre means that it is highly accessible to serve the wider community. The scheme would address the sustainable objectives established with policy CSP43 and ingrained within the NPPF. The development would deliver a high quality inspirational building which is considered to be of appropriate design, scale and massing for the site. The impact of the proposals on the environment is considered to be appropriately mitigated by the provision of a highly efficient low carbon building, which would be sustainably drained and complemented further by a comprehensive landscaping scheme. The sites relative isolation means that it would not have a materially harmful effect on the residential amenity of neighbouring properties, and appropriate provision has been made for onsite parking. The proposal is considered to accord with the relevant policies of the Development Plan and there are no material considerations that indicate that an alternative decision should be made. Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 3 years from the


2 The development hereby approved shall be carried out strictly in accordance with the amended plans (Nos. LG GA Plan Rev P2.1, GF GA Plan Rev P2.1, FF GA Plan Rev P2.1, Lower Roof Plan Rev P2.1, Upper Roof Plan Rev P2.1, GA Elevations Plan Sheet1 & Sheet 2 Rev P2.1, GA Site Elevations Rev P2.1, GA Sections 1 & Sections 2 Rev P2.1, Landscape Arrangement dwg 472-001A) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with Core Strategy Policy CSP 29, Design.

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

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

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- 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 - Tree protection measures - 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 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.

6 No development shall take place until a scheme for disposing of surface water by means of a sustainable drainage system is approved by the Local Planning Authority. The scheme shall include the following details:

Information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

A timetable for its implementation; and

A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker or any other arrangements to secure the operation of the scheme throughout its lifetime.

The development shall be implemented in accordance with the approved sustainable drainage scheme and maintained thereafter in accordance with the approved management and maintenance plan. Reason: To ensure proper, sustainable drainage of the area in accordance with Core Strategy Policy CSP 3.

7 No development shall take place until:

(a) Full foul 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. Reason: To ensure proper drainage of the area in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

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

9 Upon commencement of development, full details of both hard (materials for walls, surfaces, furniture & Boundary treatments) and soft landscaping works, including details of the species, positions and planted heights of proposed trees and shrubs; together with details of the position and condition of any existing trees and hedgerows to be retained shall be submitted to and approved in writing by the Local Planning Authority. The approved hard landscaping details shall include any element of furniture and shall be implemented prior to the occupation of the building. Reason: In the interests of the visual amenities of the locality.

10 A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any part thereof, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out in accordance with the approved plan. Reason: In the interests of the visual amenities of the locality, in accordance with Core Strategy Policy CSP 29.


12 The proposed development shall achieve a minimum BREEAM standard of 'very good' or equivalent. Upon completion of the development, an energy performance certificate shall be provided to the Local Planning Authority demonstrating that the required standard has been achieved and the measures provided to achieve the standard shall be retained as operational thereafter. Reason: In the interest of sustainable development, in accordance with Core Strategy Policy CSP2.

13 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

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approved timetable and all the approved measures shall be retained as operational thereafter. Reason: In the interest of sustainable development, in accordance with Core Strategy policy CSP5.

14 No construction 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 construction of the building shall only take place after a one-metre-square sample panel of all external materials (pointed as appropriate) has been constructed on site and the details approved in writing by the local planning authority. The approved panel shall be retained on site until construction of the building has been completed. 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 LDF Core Strategy Policy CSP 29, Design.

15 No development shall take place until details of the elevations (treatment and design) to the ground level plinth/retaining walls on the north eastern and north western facing elevations have been submitted to and approved in writing by the Local Planning Authority. The development shall then proceed in accordance with the approved details. Reason: In the interests of the visual amenities of the locality in accordance with Core Strategy policy CSP 29.

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2014/0041 Construction of two storey Construction Centre including teaching workshops, classrooms and external teaching yard Barnsley College, Honeywell Lane Campus, Barnsley


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REFUSALS 2013/0784 and 2013/0747 Mr John Darwin and Family Erection of a wind turbine (79m to blade tip) Sheephouse Farm, Mortimer Road, Cubley, Penistone, Sheffield, S36 9FJ

Approximately 300 individual objections have been received as well as a petition containing a further 32 signatures opposing the scheme. The Protect Sheephouse Heights (PSH) group has been set up by some of the residents local to the area to oppose the applications. Objections have also been received from Langsett, Hunshelf, Oxspring, and Bradfield Parish Councils. Stockbridge Town Council and Community Forum, Cllrs Barnard and Millner, Angela Smith MP, the Peak District National Park Authority and the CPRE have also objected to the scheme 17 representations in support Site Description The site is a field forming part of Sheephouse Farm which is located on a hillside to the north of Sheephouse Wood and Underbank Reservoir near to the settlements of Stocksbridge, Midhopestones, Cubley and Langsett and the substantial areas of rural hinterland in between. The site of the turbine is a field located approximately 270m to the east of the farmhouse belonging to the applicant’s property, Sheephouse Farm. The proposed site for the turbine is land on contours approximately 290m above sea level, which is raised above the land to the south which includes Stocksbridge and Midhopestones by up to 80m before the contours begin to rise again extending into these settlements. The proposal also involves an access route through the fields to the north leading up to Cranberry Road to a position adjacent Cranberry Farm, which includes a farmhouse and other farm buildings. In addition it is indicated that the underground cabling may travel further to the north alongside Mortimer Road. The field is currently open at present being used for arable and pasture farmland. The immediate surroundings of the proposed site consists of agricultural farmland.. A pylon route carrying overhead electricity power lines is located passing through the farm on land further to the south lower down the hillside. Proposed Development The main application (2013/0784) proposes to erect a single wind turbine with a maximum height to blade tip of 79 metres for a maximum lifespan of 30 years. The turbine would be installed on a concrete gravity foundation measuring approximately 15m in diameter and several metres in depth. Access would be via a new 4.5m wide track to be constructed through the fields to the north to connect with Cranberry Road and would be approximately 700m in length and surfaced with crushed rock. In addition it is proposed to construct an electrical control building/substation in a position near to the west of the turbine. This would be rectangular in shape measuring approximately 10m in width x 5m in depth and 3m in height. A cable exporting power from the turbine would be constructed underground from the turbine to this building with a further and much longer cable constructed northwards underground to connect to the existing electricity network. It is also stated that a spur of cable will connect with the dairy in order to provide power for the milking system on the farm.

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The proposed model of turbine is not specified within the application as it is stated that this would be subject to a detailed wind yield and tendering process. In addition the application explains that the size envelope allows for several options of turbine. However the assessments have been based on the EWT 52/54-900kW wind turbine having the same dimensions, which is a likely candidate. It has been estimated that the 900kW version of the EWT turbine would generate 2,401,000 kilowatt hours of electricity per year that would be equivalent to the demand of approximately 570 households, reducing to 1,881,000 kilowatt hours and 452 households with the 500kW turbine. It is also estimated that the turbine would prevent the emission of 1,032 tonnes of carbon dioxide each year. The proposal is considered to be EIA development and is accompanied by an Environmental Statement. Application 2013/0747 proposes to erect a 60m high meteorological mast for a period of up to 2 years in advance of the proposed wind turbine for date gathering purposes. The mast would be constructed of tubular steel with steel cable guy wires attached to secure ground anchors. The guy wires would extend out to a distance 42 metres from the mast. All components are proposed to be removed from the site after the 2 year period. Site History 2008/0784 – Application for the erection of a 70m high wind monitoring mast for a temporary three month period. Decision: Granted planning permission with conditions 23/07/2008. 2008/0838 – Application for the erection of a five-turbine wind farm with a height of 125m to blade tip and associated infrastructure including transformers, access tracks, temporary construction compound and new access from Cranberry Road and Mossley Road. Decision: Refused planning permission 16th December 2009 for the following reasons:- 1. The site lies within the Green Belt in the Barnsley Unitary Development Plan and the proposal constitutes inappropriate development. The Council are of the opinion that the very special circumstances put forward do not outweigh visual harm by virtue of the proposed wind farms inappropriate scale and siting in relation to the immediate surrounding landscape character and as such the proposal conflicts with the provisions of PPS22, PPG2, Barnsley UDP policies ES12, GS7 and GS9 and the Barnsley Landscape Character Assessment. 2. The proposed wind turbines would result in significant harm to the character and appearance of the nearby Peak District National Park. The height and scale of the turbines would represent a major change to the open character of the highly sensitive landscape, including the Dark Peak, Dark Peak Pennine Fringe and Eastern Moorland, conflicting with the statutory purposes of the National Park. The addition of this proposed wind farm would increase the panorama of wind farms visible from the Peak District National Park leading to adverse cumulative effects. The proposed development therefore conflicts with the Peak District National Park Landscape Character Assessment, the Barnsley Council Landscape Character Assessment and policies SY1 (E5) and SY1 (C8) of the Yorkshire and Humber Regional Spatial Strategy and Barnsley UDP policy ES12. 3. The Council consider that the turbines are located too close to residential properties. The proposed turbines, at a height of 125m, lying in close proximity to permanent dwellings would harm the amenity of their occupants by reason of the visual presence and dominant impact of the turbines on outlook from those properties. As a consequence they are likely to result in harm to residential amenity in terms of their oppressive and overbearing nature, contrary to Barnsley UDP policy ES12.

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4. The proposed development significantly harms the characteristics of Midhopestones Conservation Area by virtue of the inappropriate scale and siting of the proposed wind farm in relation to the Conservation Area, particularly views out of the Conservation Area across the valley, thus conflicting with the Sheffield City Council adopted Midhopestones Conservation Area Appraisal. Policy Context UDP notation: Green Belt Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy and the saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation. NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. Paragraphs of particular relevance to this application include: 14. At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. For decision-taking this means:

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

where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: –– any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or –– specific policies in the Framework indicate development should be restricted. 80. Green Belt serves five purposes:

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

to prevent neighbouring towns merging into one another;

to assist in safeguarding the countryside from encroachment;

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

to assist in urban regeneration, by encouraging the recycling of derelict and other urban land. 89. A local planning authority should regard the construction of new buildings as inappropriate in Green Belt.

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

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

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

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

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

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

109. The planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. Planning Practice Guidance for Renewable and Low Carbon Energy 2. Government guidance can be a material consideration and should generally be followed unless there are clear reasons not to. 5. The guidance explains that all communities have a responsibility to help increase the use and supply of green energy, but this does not mean that the need for renewable energy automatically overrides environmental protections and the planning concerns of local communities. 30. The assessment and rating of noise from wind farms’ (ETSU-R-97)13 should be used by local planning authorities when assessing and rating noise from wind energy developments. 31. The effects on the following should be considered having regard to safety considerations: - Fall over distance, power lines, air traffic and safety, defence, radar and the strategic road network. 32-35 - Electromagnetic transmissions, ecology, heritage assets, shadow flicker. 38 – Measuring energy output. 39 and 40 - Cumulative landscape impacts and cumulative visual impacts.

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45. Local planning authorities should consider using planning conditions to ensure that redundant turbines are removed when no longer in use and land is restored. Saved UDP Policies GS6/WR10 ‘Extent of the Green Belt’ GS24/WR20 ‘South Yorkshire Forest Local Development Framework Core Strategy CSP6 - Development that Produces Renewable Energy - Development that produces renewable energy should be allowed as long as there is no significantly harmful effect on:- - The character of the landscape and appearance of the area - Living conditions - Biodiversity, geodiversity and water quality - Heritage assets, their settings and cultural features and areas - Highway safety and - Infrastructure including radar. Proposals must be accompanied by information that shows how the local environment will be protected, and that the site will be restored when production ends. The Core Strategy recognises that undulating landscapes, such as those in the west of the borough, can increase the prominence of turbines. Careful consideration will need to be given to the capacity of the landscape to accommodate turbines, the ability to mitigate visual intrusion and cumulative impacts of individual sites when they are grouped rather than dispersed. The Council will use the Character Assessment and Policy CSP37 to assess the effect of development proposals. CPS21 – Rural Economy – The Council shall encourage a viable rural economy by allowing development in rural areas if it: - supports the sustainable diversification and development of the rural economy; or - results in the growth of existing businesses; or - is related to tourism or recreation; or - improves the range and quality of local services in existing settlements Development in rural areas will be expected to: - be of a scale proportionate to the size and role of the settlement - be directly related, where appropriate, to the needs of the settlement - not have a harmful impact on the countryside, biodiversity, Green Belt, landscape or local character of the area - consider the re-use of existing rural buildings in the first instance; and - protect the best quality agricultural land. CSP29 - Design - states that high quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, including (amongst other things):

- Topography, important habitats, woodlands and other natural features

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

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

materials of the built form particularly in and around (amongst other things), Penistone and the rural villages in the west of the Borough. The policy is aimed at ensuring that development is appropriate to its context.

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CSP30 ‘The Historic Environment’ states that development which affects heritage assets shall be expected to protect or improve the character and appearance of Conservation Areas and Listed Buildings. CSP34 – covers the protection of the Green Belt which is to be protected for its openness and visual amenity. CSP26 ‘New Development and Highway Improvement’ CSP36 ‘Geodiversity and Biodiversity’ Emerging Development Sites and Places DPD Proposed designation: Green Belt Consultations Bradfield Parish Council – Object on the grounds of harm to an area of high landscape value and the Green Belt. Biodiversity – No specific objections that the development would harm biodiversity considerations. However concerns are expressed about some of the survey data and that micro-siting of the turbine depending on the ground conditions should not be permitted to the north and west to ensure an acceptable separation distance to the tree and dry stone wall. In addition biodiversity enhancements should be provided as mitigation. Civil Aviation Authority – No objections, subject to comments from NATS and the MOD. Conservation Officer – Objects on the grounds of harm to heritage assets (Midhopestones Conservation Area and listed buildings). CPRE – Object on the grounds of inappropriate cumulative impact on both the local landscape character and on the setting of the adjacent Peak District National Park Landscape. Drainage – No objections. English Heritage – Comment that the applications should be determined taking into account local policies on heritage assets. Highways – No objections subject to conditions. Regulatory Services – No objections, subject to conditions. Ministry of Defence – No objections. National Air Traffic Service – Have objected to the proposed wind turbine. However they have stated to the Council to that they are in a position to offer mitigation for one wind turbine within a 5km radius of the site. No objections are expressed regarding the proposed meteorological mast. National Grid – No objections. Natural England – No objections. Oxspring Parish Council – Object on the grounds of:

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the large size of the turbine,

harm to the Green Belt,

cumulative impact adding to the high number of turbines already in the Penistone/Stocksbridge area,

the potential for an approval to lead to more applications for turbines,

concerns that the energy generated will all go into the grid and not the applicant’s farm

highway safety concerns that the road network will not be accommodate the vehicles required to transport the components of the turbine to the site.

Langsett Parish Council – Object on the grounds of:

harm to a sensitive and valuable landscape,

concerns that this would establish a precedent for further large turbines in the area,

concerns that the farmer would not be a recipient of any electricity generated,

harm to the Green Belt. The Parish Council also request a Planning Board site visit. Peak District National Park Authority – Object to the proposed turbine on the grounds it would result in substantial adverse visual impact on the setting of the Peak District National Park and concerns with the adequacy of the information accompanying the application. No comments provided regarding the proposed meteorological mast. PROW – No objections. Sheffield City Council – No objections subject to a condition requiring an alternate tv service to be provided where the wind turbine affects TV reception. Stocksbridge Town Council – Object in support of Hunshelf Parish Council’s objections and potential adverse effect on tourism and economic benefits to the area. Stockbridge Community Forum – Object for reasons which are essentially covered in the representations section. In addition they raise concerns that financial incentives offered by the developer will have suppressed the true level of opposition in the local community. Tree Officer – No objections. Representations The application was advertised by site notices erected in the local area and in the local press and by way of neighbour letter. 17 representations have been received in support. In summary the grounds expressed are as follows:-

Support for clean energy in preference to fossil fuels and nuclear power.

The contribution the development would make to renewable energy generation would be significant and would outweigh concerns about landscape impact.

Support that the development would provide for the farm business. Without the proposal there would be concerns that the farm may become unviable due to the costs of the existing diesel generators to power the diary. This may result in the potential for the farm to be developed for housing.

Support for the proposed location which is asserted would not affect many houses.

Concerns that the campaign to stop the development is not a true reflection of the views of local people.

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Support for the proposed community enhancement package, in particular if this could be directed towards the running of Stocksbridge Leisure Centre by a local community group.

The harm to the landscape would be mitigated by existing pylons and telephone masts.

Proximity to the public footpath is not an issue due to lack of use.

Positive views are expressed about the scale of the reduction in the size and the number of turbines in comparison with the previous application (2008/0838).

It is important for the public to get used to the appearance of turbines as per electricity pylons.

Local jobs.

It is stated that the appearance of the turbine would be elegant and would improve the appearance of the area including the Peak Park.

Minimal noise.

Minimum harm to biodiversity. The Protect Sheephouse Heights (PSH) has been set up by some of the resident’s local to the area to oppose the application. Approximately 300 individual objections have been received and a petition containing a further 32 signatures. In summary the main concerns expressed are as follow:-

Concerns that there are already too many turbines in the area.

Lack of need for further turbines given the number of existing wind farms/renewable energy developments in the Borough.

Inappropriate development in the Green Belt.

It is disagreed that the renewable energy generation would provide very special circumstances to outweigh the cumulative planning harm.

Concerns that the final model of turbine is not specified within the application which may mean that the renewable energy generation would not be the amount stated in the application and that the effects might not be as are stated in the noise assessment report and other technical assessment reports.

Concerns that the electricity supply to the farm and community benefit proposals have not been substantiated and should not be afforded any weight in the very special circumstances argument being put forward.

Harmful impact on the local landscape/natural beauty protruding above the skyline.

Harm to residential amenity as a result of size/dominance in the surrounding areas of Stocksbridge, Midhopestones, Langsett, Penistone, Oxspring and other communities.

Adding further clutter to the hillside.

Existing smaller turbines in the area already cause substantial harm.

Concerns that Barnsley Borough is being asked to contribute too much to on shore wind farm energy generation in the UK.

Concerns that the supporting documents have not been prepared independently.

Harm to road users/highway safety.

Concerns that the application does not include information required to assess the visual impact of the proposal and cumulative impacts.

Harm to the setting of Listed Buildings.

Proximity to a public footpath/common land.

Harm to pedestrian safety/the residents of dwellings in the area if structural failure occurs.

Harm to enjoyment of public footpath.

Cumulative impact with other existing and proposed turbines in the locality.

Harm to the character and appearance of the Midhopestones Conservation Area.

Harm to the character and appearance of the Peak District National Park.

Harm to SSSI’s and Ancient Woodlands.

Conflict with Core Strategy policy CSP6.

Conflict with Peak District National Park planning policies.

Noise affecting the residents of dwellings in the area.

Shadow flicker/strobing.

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Potential interference with TV reception.

The Council is ahead of its target for renewable energy and therefore more turbines are not required for this purpose.

Concerns that the photomontages are misleading.

Carbon cost when erecting the turbine.

Concerns the proposal does not address the reasons to refuse the previous application.

Concerns landscape already absorbs its fair share of electricity infrastructure by virtue of the existing overhead lines/pylons.

Precedent leading to further turbines in the area such as Royd Moor/Spicer Hill/Blackstone Edge/Crow Edge.

Harm to public health and well-being.

Harm to birds (including lapwings) and other forms of biodiversity.

Harm to bats.

Concerns with the thoroughness of the ecological data.

Lasting damage to the landscape beyond the proposed 30 year lifespan of the turbine.

Further Green Belt encroachment caused by the substation building, cables and service roads.

Turbines are disagreed with as a way of generating electricity in favour of other options (solar, nuclear, shale gas, hydro).

Efficiency/reliability concerns as a power source.

Loss of property values.

Harm to perceptions of the area/employment/tourism opportunities.

Concerns about means of access for construction traffic.

It is disagreed that the applicant has carried out sufficient consultation with the local community.

Harm to agricultural land.

Concerns that the siting would mainly affect Sheffield and not Barnsley residents.

Concerns about the efficiency of turbines as a means of producing energy. Councillors Barnard and Millner object for the following reasons:-

The claim the turbine will create jobs is disputed.

Public safety risks as a result of structural failure and ice fling.

The noise report does not take into account the effect of low frequency noise and ultra sound.

Electromagnetic radiation – a condition should be imposed to require mitigation for any effects to mobile telephony, Wi-Fi, broadband, 3G, 4G and tv reception etc.

The photomontages submitted by the applicant are considered to be an optical illusion that makes the turbine appear misleadingly small.

Harm to residential amenity and highway safety by light strobing and shadow flicker.

Concerns that local roads are unsuitable to accommodate the vehicles required to transport the components of the turbine to the site.

Hazard to bats and migratory birds.

Hazard to horses and their riders.

Harm to the Green Belt.

Cumulative impact due to the existing proliferation of turbines to the west of Penistone.

Harm to the Council’s aims of improving the visitor economy.

The need for the meteorological mast is questioned if the site has already been deemed suitable for a wind turbine.

Concerns that the meteorological mast would have no information gathering value because it would not be the same height as the proposed turbine.

The need for the meteorological mast is questioned if the site has already been deemed suitable for a wind turbine.

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Concerns that the meteorological mast is instead intended to provide date for other potential turbines.

The Councillors have also requested a Planning Board site visit. Angela Smith MP has objected on the following grounds:-

Inappropriate/harmful impact on the Green Belt and the local landscape

Harm to the character and appearance of the nearby Peak District National Park and the Peak Park and Bolsterstone and Midhopestones Conservation Areas.

Is in agreement with the objections made by the Peak District National Park Authority, the CPRE and Stocksbridge Town Council.

Conflict with local and national planning policies on issues relating to the Green Belt and landscape impact and community concerns

Cumulative impact.

Highway safety/shadow flicker.

Harm to the living conditions of individual properties in the Underbank/Smithy Moor area of Stocksbridge, Midhopestones and Cubley by dominating outlook.

Concerns that granting planning permission would set a precedent to allow this size of turbine in greater numbers in this area of the Barnsley/North Sheffield area.

Assessment This report relates to two applications for the same site which are both submitted by the same applicant. The applications relate to each as they are bothy in connection with wind energy development. However, the two applications involve different structures and as such are considered separately below: Assessment of application 2013/0784 for the proposed wind turbine Principle of development The proposed turbine is located in the Green Belt and is classed as an inappropriate form of development. Inappropriate development is, by definition, harmful to the Green Belt and such development should not be approved, except in very special circumstances. Such very special circumstances will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. The NPPF states that very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable resources. The NPPF also reiterates the importance of Green Belts and in particular, their openness and permanence and local planning authorities should plan to retain and enhance landscapes, visual amenity and biodiversity. Substantial weight is attached to any harm to the Green Belt. The turbine would be expected to generate a maximum of 2,401,000 kilowatt hours of electricity per year for the grid, which would be equivalent to the demand of approximately 570 households. As such, this can be put forward as a case for very special circumstances, but this would need to be sufficient to outweigh the harm to the Green Belt, local landscape, and any other material planning considerations. Core Strategy policy CSP6 and the NPPF are supportive of renewable energy schemes of all scales which do not have significant harmful effects on the character and appearance of the area, or the Green Belt.

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Landscape and Visual Impact The Environmental Statement advises that the scale and footprint of the turbine would be visible within locations up to 10km away from the proposal. The development site is not the subject of any statutory national landscape designations. The nearest such designation is the Peak District National Park which lies to the south, approximately 2.3km away from the site at its closest point. There are no local landscape designations, but the site and surrounding area are identified as Green Belt in the adopted statutory development plans of Barnsley and Sheffield Council. There are three sites on the Register of Historic Parks and Gardens within 10km of the site, namely Wortley Hall (grade II), 5.9km to the east; Wentworth Castle (grade I), 7.1km to the east; and Cannon Hall (grade II), 7.7km to the north. In addition, there are almost 150 listed buildings and 6 Conservation Areas within 5km of the proposed development site. The Conservation Areas are:

Midhopestones (Sheffield) – 1.1km to the south-east

Penistone (Barnsley) – 2.4km to the north

Thurlstone (Barnsley) – 3.3km to the north north-west

Langsett (Barnsley/Peak District) – 3.4km to the west

Bolsterstone (Sheffield/Peak District) – 4.0km to the south-east

Hoylandswaine (Barnsley) – 4.4km to the north north-east. In landscape character terms, the site sits within National Character Area 37: Yorkshire Southern Pennine Fringe, which extends north-south from Bradford to Sheffield. It also lies near to (within around 1km of) the edge of National Character Area 51: Dark Peak. At a local level the site lies within the Barnsley Borough Landscape Character Assessment landscape character area F2: Penistone Upland Farmland, which covers the whole ridge on which it is located. Part of Core Strategy policy CSP6 states that renewable energy development will be allowed provided that there is no significantly harmful effect on the character and landscape of the area. This is supported by CSP37 ‘Landscape Character’ which states that development will be expected to retain and enhance the character and distinctiveness of the individual Landscape Character Area in which it is located (as set out in the 2002 Landscape Character Assessment of the Borough). The landscape character of the ‘Penistone Upland Farmland Landscape Character Area comprises distinctly upland character, enhanced by its proximity to, and views across, unenclosed moorland…….. Woodland cover is relatively low, although ribbons of deciduous woodland thrive in the shelter of the incised valleys of the dikes that drain into the River Don……Power lines and pylons are also prominent elements of the skyline. This is a rural agricultural landscape…….The land remains almost entirely grazed pasture…….Remaining unimproved areas on the steeper or more elevated slopes, and damp pastures alongside dikes and springs, are valuable for nature conservation……The area has a tamed character, but retains a sense of remoteness…..The only built elements are the stone farmsteads and agricultural barns that are scattered at low density throughout the area…... Straight rural lanes, bounded by stone walls, cut across the hills, linking adjacent farms…..The tranquillity and stillness of the area is disturbed in the vicinity of the A628…….Views are panoramic, stretching over the valley of the River Don to the north and over the valley of the Little Don River to the adjacent open moorland the south’. In view of the above, landscape sensitivity to built development is judged to be high and landscape capacity is considered to be low.

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The applicant has submitted a Landscape and Visual Impact Assessment, which includes a number of photomontages (the accuracy of which has been challenged in objections from the Sheephouse Action Group, Cllr Barnard and The Peak District National Park Authority). These show that the turbine would be positioned high upon the ridgeline of the Sheephouse Heights hillside as seen from views to the south and west (including Stocksbridge, Midhopestones, Bolsterstone, Langsett and the Peak Park) appearing to protrude above the skyline in a number of the locations as the tallest structure in the vicinity. As has been established the landscape sensitivity to built development is high and capacity for development is low and in my opinion therefore a turbine of this scale (79m to blade tip) would have a significant and harmful impact upon the landscape character area. I therefore consider that the proposal would be contrary to Core Strategy policies CSP6 and CSP37. Cumulative impact is another consideration. Government guidance in the Renewable Energy PPG is that cumulative landscape impacts and cumulative visual impacts are best considered separately. Cumulative landscape impact is concerned with the degree to which a proposed renewable energy development will become a significant or defining characteristic of the landscape – this is the main concern with the proposed turbine development in my opinion. Cumulative visual impacts may arise where two or more of the same type of renewable energy development will be visible from the same point, or will be visible shortly after each other along the same journey In this case the site is mainly isolated from other turbines and whilst long distance views of other turbines in the area can be seen, it is unlikely to lead to an undesirable grouping of turbines that cumulatively would be detrimental to the character of the landscape. I am therefore more concerned about the landscape impact of the turbine more locally in terms of the matter it would become a significant and defining character of the local landscape. Peak District National Park The Peak District Park Authority has objected to the application asserting that the turbine would have a substantial adverse visual impact on the setting of the National Park. The Peak District National Park Authority has adopted a Climate Change and Sustainable Building Supplementary Planning Document (SPD) that includes Landscape Sensitivity Assessment and Guidance for Wind Turbine Development. This covers land peripheral to the Peak District National Park, including the application site. The SPD shows the application site as falling within the Peak District’s Slopes and Valleys with Woodland landscape type. This is classed as having ‘high’ sensitivity (the highest level of five) to ‘large scale turbines’, defined as those over 65m high to blade tip. Key sensitivities of this type of landscape are identified as including:

Small fields and woodlands creating an intimate pattern;

High levels of peace and tranquillity;

Views across the landscape from higher ground”. The accompanying guidance states that: “This landscape is not suitable for large scale turbines owing to its small scale character and strong sense of peace and tranquillity.” It also indicates that, where smaller turbines are proposed, they should:

take account of potential inter-visibility with other turbine locations to minimise the impacts of cumulative development;

utilise the screening effects of hedgerows, trees, woodlands and sloping topography to integrate development into the landscape; and

be located away from the most prominent rural skylines and consider the impact of tracks and ancillary buildings.

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The proposed turbine is in conflict with this advice if it is accepted that the SPD should apply to sites located within the Barnsley boundary. However, in my opinion this would seem reasonable given that it would affect the setting of the Peak District Park from locations within it, which the SPD seeks to protect from the form of development proposed. Heritage Assets As has been already identified there are 6 Conservation Areas and 150 listed buildings within 5km of the proposed development. Accordingly the proposed development has implications for heritage assets. Conservation Areas - The nearest Conservation Area to the site is Midhopestones located in the area administered by Sheffield City Council. The proposed turbine would be located approximately 1.1km from the Conservation Area in a position on the ridgeline of the hillside facing opposite the Conservation Area. These existing views back across the valley (well within natural sightlines) to the North and East inform both the character and setting of the conservation area. In my opinion and that of the Conservation Officer, the turbine would harm the setting of the Conservation Area particularly on views North East on the rising ground moving South along Mortimer Road. However as Sheffield City Council have resolved not to object on this issue, it is not considered that this could form a reason to refuse permission for the development. The turbine shall also be visible from locations in the Langsett and Bolsterstone Conservation Areas. However I am less concerned about the impact on those Conservation Areas given the distances involved (approximately 3.4m in the case of Langsett and 4km in the case of Bolsterstone). Listed Buildings – The Conservation Officer has raised concerns about the impact of the turbine on the character and appearance of listed buildings located at Underbank Hall, which are located approximately 930m to the south east of the proposed turbine off Underbank Lane and comprise a hamlet arranged around a tightly enclosed former farmstead. In his opinion the outward looking setting from this site is of significance owing to the isolated nature of the hamlet and the former agricultural association and its link to the immediate landscape. The application does not include a photomontage from this location to make it possible to make an accurate judgement of the extent of the visual impact. However having visited the site the Conservation Officer was concerned that there would be open and uninterrupted views of the turbine from this location. In addition the turbine would be located on higher land contours. The site is also located in closer proximity than the locations selected for the photomontages meaning that the impact will be greater than is indicated on these locations. Accordingly it is considered that the application has failed to demonstrate that it would not cause harm to the character and appearance of the listed buildings in conflict with CSP30 ‘The Historic Environment’ which requires new developments to protect or improve the character and appearance of Listed Buildings. The Conservation Officer has also raised potential concerns about the impact of the development on listed buildings located at Snowden Hill on higher ground to the north east of the proposed turbine site. Views are generally less significant to the north where the land levels continue to rise. I am therefore less concerned about the impact on these buildings, in particular given that there is an existing smaller turbine located in closer proximity to these buildings (24.6m to hub). Residential Amenity Loss of View - Concerns have been raised by local residents regarding the impact on individual views from properties. Concerns about the size of the turbines and the proximity to existing dwellings near to the site formed one of the reasons to refuse the previous application on the site for five turbines (application reference 2008/0838) that would have measured 125m to blade tip.

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It is a well held planning principle that there is no right to a view beyond the curtilage of individual properties. There may be occasions where a development is of such a magnitude that it would overbear nearby properties, resulting in an uneasy feeling to an extent that the outlook of a property or garden may be harmed to an unreasonable degree. However, this is not considered to be the case with this particular application. Whilst there would be views from some local properties; it is considered that the distance between the site and dwellings is sufficient to ensure that living conditions would be maintained to a reasonable degree when compared with the previous application. Noise – The noise data provided with the application has been questioned by PSH and in some of the other objections received. This is on the basis that the original data supplied predicted the noise levels in relation to the 500kW version of the DW54 turbine, as opposed to the 900kW version of the DW54 turbine. However this information was subsequently obtained to enable the maximum noise levels of the development to be assessed by Regulatory Services who have resolved not to object to the application on noise grounds on the basis that the predicted noise levels will be with permitted levels as quoted in ETSU-R-97: The Assessment and Rating of Noise from Wind Farms at the nearest sensitive properties. However a condition would be required as a precaution so as to specify the maximum noise levels permissible at the nearest residential properties if permission was to be approved.. Shadow flicker – Planning Practice Guidance for Renewable and Low Carbon Energy advises that only properties located within 130 degrees either side of north relative to the turbines are likely to be affected by shadow flicker. Furthermore, flicker effects have only been known to occur within 10 rotor diameters of a turbine and the effects reduce with distance. The assessment has calculated that a 540m zone within this area may be affected. 6 properties are located in this area meaning that it has been necessary for the impacts to be modelled to judge the severity of the effects. Although there is no guidance within the English planning system on what criteria should be used to determine the significance of impact of shadow flicker, Wind Energy Development Guidelines published by the Ireland Department of the Environment, Heritage and Local Government (2006) states that it is recommended that shadow flicker at dwellings within 500m should not exceed 30 hours per year or 30 minutes per day. This has therefore been used as a point of reference to assess the impacts, although it is acknowledged that this is not specified in English planning legislation and therefore appropriate weight needs to be given to this aspect. It has been calculated that a theoretical shadow flicker amount of 38 hours per year could be experienced at one property belonging to one of the applicant’s at Sheephouse Farm, but that a more realistic figure, taking into account sunlight hours and turbine downtime, would be 11.6 hours per year. The maximum theoretical figure for the other properties are below the 30 hours referred to in this standard, with the calculations on the realistic level falling well below this standard in the cases of another dwelling located at Sheephouse Farm not connected with the applicant (6.2 hours) and Throstle’s Nest (2.3 hours). Therefore in summary of this issue, it is predicted that the proposed turbine would result in shadow flicker effects affecting a small number of dwellings. However these affects are not predicted to be significant and Central Government advice in the Renewable Energy PPG would appear to point to the use of suitable planning conditions as opposed to using this as justification for refusing planning permission. Highway Safety The main highway safety considerations relate to the ability of the local road network to accommodate the vehicles/loads that would be required to transport the turbine to the site. A number of the objections state concerns in relation to this issue.

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The application does not include a swept path analysis of the proposed access route that is specific to the proposed turbine. The applicant has however provided a copy of the access study that was carried out in relation to the previous application for the five larger turbines confirming that the same access routes would be utilized. Planning application 2008/0838 was not objected on highway safety grounds, subject to condition requiring a traffic management plan and mitigate the impacts through the careful timing of deliveries and other measures such as signage and notifying the general public of transport movements etc. In addition there would be a need to remedial works to be carried out to rectify any damage to the highway network caused by the development. The proposed improvement works would also require a separate consent to be obtained under the Road Traffic Regulation Act 1984. Highways have confirmed that they would not object to the current application for the single smaller turbine subject to the same conditions being imposed. Public concerns have also been raised about the potential for the development to lead to accidents in the A616. However, the proposed turbine site is an acceptable distance away from all roads based on the DfT guidance ‘The Strategic Road Network and the Delivery of Sustainable Development’, which sets an acceptable standard of the height of the turbine plus 50m metres for commercial turbines to mitigate the risks to the safety of road users arising from structural or mechanical failure. This would indicate that the minimum distance set back should be 129m in this case, however the turbine would be located approximately 700m from the A616 and over 400m from the Mortimer Road as the nearest road. In addition the Highways Agency resolved not to object or raise this as a concern when the previous application for the 5 larger turbines was considered. Other Issues Air traffic inference – The National Air Traffic Control Service initially objected to the application on the grounds that it would cause false plots to be generated on radar, reducing the probability of detection for real aircraft. However a second response from NATS has advised that a potential mitigation solution exists in the form of radar blanking should the Council be of the opinion that this solution is warranted in preference to two other current applications for wind turbines within a 5km radius of the site. The MOD have also been consulted. However the proposed development raises no concerns from their perspective. Biodiversity – The Planning Practice Guidance for Renewable and Low Carbon Energy advises that the evidence suggests that there is a risk of collision between moving turbine blades and birds and/or bats. Other risks including disturbance and displacement of birds and bats and the drop in air pressure close to the blades which can cause barotrauma (lung expansion) in bats, which can be fatal. Whilst these are generally a relatively low risk, in some situations, such as in close proximity to important habitats used by birds or bats, the risk is greater and the impacts on birds and bats should therefore be assessed. The turbine has ensured a minimum of a 50m standoff between the swept area of the turbine blade and the woodland edge in accordance with Natural England guidance. Natural England have been consulted and have not raised any objections in relation to the potential impacts on bats on that basis. Natural England have also confirmed that the site does not appear to be used as an offsite feeding area by bird species which are interest features of the Peak District Moors (South Pennine Moors Phase II) Species Protection Area in significant numbers. Natural England therefore advises that the proposal would not require a more detailed assessment to be carried out on the basis that the development would be unlikely to have a significant effect on any European site. They have also confirmed that the Dark Peak SSSI does not represent a constraint in determining the application.

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However the Biodiversity Officer has some concerns that the survey data is out of date and that the local record centres have not been consulted and that mitigation measures have not been detailed. In addition a great crested newt survey is discussed but has not been provided. It is therefore considered that the proposal fails to satisfy Core Strategy policy 36 ‘Geodiversity and Biodiversity in that it has not been fully and dequately demonstrated that the form of development proposed would conserve and enhance biodiversity interests. Electromagnetic transmissions – Wind turbines can potentially affect electromagnetic transmissions (e.g. radio, television and phone signals). Specialist organisations responsible for the operation of electromagnetic links typically require 100m clearance either side of a line of sight link from the swept area of turbine blades. The assessment detailed in the Environmental Statement advises that no objections have been received from the telecommunications operators. No significant problems are anticipated with television interference given that analogue signals have now been phased out in the Yorkshire region. However a condition would be recommended as part of any permission granted in case any properties are unexpectedly affected. Potential for structural failure - Concerns have been raised regarding structural failure of the turbine. However, there have been very few incidences of structural failure relating to wind turbines and the turbine is located approximately 290m away from the nearest dwelling which complies with the suggested spacing standards in the PPG. Public right of way – Again the Renewable Energy PPG does not provide any guidance in relation to considering proximity issues. Previous Government advice in the Planning Policy Statement 22 was that the fall over distance would be an acceptable distance. This is not achieved, however the guidance also stated that the minimum distance is often taken to be that the turbine blades should not be permitted to oversail a public right of way, which would not be the case by a distance of 27m. On balance therefore I do not think that a public safety reason for refusal could be sustained based on potential harm to users of the public right of way. It should also be noted that the previous application for the five larger turbines did not include a related reason for refusal even with the PPS22 guidance being in place. Ice fling – The potential for ice fling is not referred to in the Renewable Energy PPG. Advice from the previous Government in the PPS22 companion guide was that for ice to build up on wind turbines particular weather conditions are required, which typically occur for less than one day per year in England. In addition it stated that most wind turbines are fitted with vibration sensors which can detect any imbalance which might be caused by icing of the blades; in which case operation of machines with iced blades could be inhibited. Power Lines – The National Grid have been consulted and have no raised any objections about the impact of the development on the power lines located near to the proposed site. Low Frequency noise – The Renewable Energy PPG does not offer guidance in relation to this issue which has been raised. However the previous Government advice in the Planning Policy Statement 22 companion guide was that there is no evidence that ground transmitted low frequency noise from wind turbines is at a sufficient level to be harmful to human health. Renewable energy target – The need for the wind turbine has been questioned with regards to the amount of renewable energy already been generated by existing wind farms/turbines and renewable energy developments in the Borough against a backdrop of concerns that Barnsley is being asked to accommodate an unfair amount of shore wind farm energy generation in the UK. The Regional Spatial Strategy had set a target of 15MW by 2010 and 34MW by 2021 for installed grid connected renewable energy. By December 2012 the figure being delivered had reached 26.9MW demonstrating that the Council was well on the way to achieving this target. However the RSS is no longer a consideration and up to date national policy stated in the NPPF states that demonstrating need is not a consideration.

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Community benefit – A community benefit package of up to £10,000 per year, equivalent to £250,000-£300,000 over the life time of the project is proposed. It is indicated that this would deliver reduced energy bills for the properties living closest to the wind turbine and would have the potential to provide financial support for local groups and community groups. However essentially the Council would be a 3rd party on the matter and such arrangements would need to be agreed between the applicant and interested parties outside of the scope of the planning application. As such the Council would have no knowledge/control over whether the proposed investments would be in the public interest. There is no planning policy basis for such measures to be in place and therefore this cannot be afforded any weight as a material planning consideration or in the very special circumstances case. Government advice on the community issues is that planning authorities may wish to establish policies which give positive weight to renewable and low carbon energy initiatives which have clear evidence of local community involvement and leadership. However this is a private initiative and there is not strong evidence that the proposal is supported given the opposition levels from local residents, Parish and Town Councils and Ward Councillors. Job creation - The application also states that local businesses would be encouraged to tender for the construction works which would be worth approximately £375,000. Whilst the NPPF affords general support for economic development, it would not be within the scope of planning to influence the outcome of the tender exercise in terms of whether local companies were used or otherwise. Therefore I would not afford weight to this as a material consideration or in the Green Belt case. Tourism – The Renewable Energy PPG does not list this as a material planning consideration to be taken into account of.

Overall The proposed development is classed as an inappropriate form of development in the Green Belt. Inappropriate development is by definition harmful to the Green Belt and should not be approved except in very special circumstances. Substantial weight should be given to any harm to the Green Belt and very special circumstances will not exist unless the harm to the Green Belt by reason of inappropriateness is clearly outweighed by other considerations. Very special circumstances may include the wider benefits associated with the increased production of energy from renewable sources (paragraph 91 of the NPPF). It is accepted that the proposal would score well against this point given that it is indicated that the proposal would provide a maximum of 2,401,000 kilowatt hours of electricity per year, which would be equivalent to the demand of approximately 570 households and prevent the emission of approximately 1,032 tonnes of carbon dioxide, or 30,972 tonnes over a 30 year operating lifetime. It also indicated that the development would provide electricity for the farm and support for the rural economy/farm diversification, which is supported by Core Strategy policy CSP21 ‘Rural Economy’. These considerations accrue weight in favour of the proposal. However in my opinion these two factors would not be sufficient to clearly outweigh the harm that would be caused to the Green Belt and other material planning considerations. In this case I consider that the development would harm the openness and visual amenity of the Green Belt. The proposed development would also conflict with one the purposes of including land within the Green Belt which is to safeguard the countryside from encroachment. The proposed concrete base, the substation building, access road and compound would result in further harm in relation to those three issues. Paragraph 88 of the NPPF also allows for the effects of any other harm to be considered. As has been established, it is considered that the development would harm the Penistone Upland

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Farmland Landscape Character Area, contrary to Core Strategy policies CSP6 ‘Development that Produces Renewable Energy’ and CSP37 ‘Landscape Character’. In addition it is considered that the proposed development would harm the setting of the nearby Peak District National Park whereby the Peak District’s Slopes and Valleys with Woodland landscape type’ that extends into Barnsley Borough, including the application site which is identified as having a high sensitivity to wind turbine developments that are in excess of 65m to blade tip. The proposed development also raises concerns with regards to the impact on listed buildings as heritage assets. Specifically it is considered that the application fails to demonstrate that it would protect and enhance the setting of the grade II listed buildings at Underbank Hall as is required by Core Strategy policy CSP30 ‘The Historic Environment’. Overall therefore I consider that the level of harm that would be caused by the application to the Green Belt and to other considerations identified above would be too great that the renewable energy benefits of the development would insufficiently outweigh this. The application has also been assessed against the other range of potential impacts including the living conditions of existing properties in terms of noise, shadow flicker and highway safety. Whilst issues have been identified, it is not considered that these impacts could be mitigated against and should not form reasons for refusal. The National Air Traffic Service have further identified that the development would affect radar unless mitigation was in place in the form of radar blanking. However NATS have said this solution only exists for a single turbine within a 5km radius of the site and has not been agreed, or ring-fenced, for this particular proposal. As such their objection still stands and without such an agreement the proposal would be contrary to Policy CSP 6. In addition it is considered that the proposal fails to satisfy Core Strategy policy 36 ‘Geodiversity and Biodiversity in that it has not been fully and adequately demonstrated that the form of development proposed would conserve and enhance biodiversity interests. Given the above, the recommendation is to refuse. Recommendation Refuse permission for application 20134/0784 Assessment of application 2013/0747 for the proposed meteorological mast Principle of development The proposed meteorological mast does not conflict with Green Belt planning policies to the same degree as the proposed turbine in that it would be transported to the site on a trailer attached to a 4x4 vehicle using the existing farm access and would not involve any installations associated with a more permanent structure. In addition the slim line nature of the pole and guy wires would not have as significant an effect upon openness as the proposed turbine, which would be larger, more permanent (30 years) and require the construction of a substation building, and an access road which are other permanent forms of development considered harmful to the Green Belt. However, the meteorological mast would still be a form of inappropriate development in the Green Belt in that it would still fail to preserve openness by virtue of its proposed 60m height and proposed siting on high land contours that is exposed to open long distance views from Stocksbridge and Midhopestones to the south. The proposed bird deflectors to be fitted onto the

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guy wires would add further clutter. In addition the development would represent countryside encroachment, conflicting with one of the purposes of including land in the Green Belt. The development is however intrinsically linked to the proposed wind turbine and, as has been acknowledged in the assessment of the wind turbine, the wider environmental benefits associated with the production of energy from renewable sources may constitute very special circumstances to outweigh the harm that would be caused to the Green Belt by way of inappropriate development. As such the assessment of this proposal in principle hinges on whether the harm caused to the Green Belt and any other harm would be clearly outweighed by other considerations. It is acknowledged that the previous decision to approve a 70m meteorological mast on the site under application 2008/0784 is a material consideration. However this approval was for a 3 month period in contrast with the current proposal for a mast to be in place for up to 24 months. In addition application 2008/0784 was submitted in advance of the applications for the five larger wind turbines. Visual amenity As has been established, the site is in the ‘Penistone Upland Farmland Landscape Character Area’ where the landscape sensitivity to built development is judged to be high and landscape capacity is considered to be low. The level of visual harm that would be caused to the landscape would be reduced when compared with the turbine and it would not stand out as much from the open views to the south when compared against the existing pylons and overhead electricity cables situated lower down the hillside. However, as has already been stated above, the impact of the development on the landscape would be exacerbated by the proposed siting on high land contours that is exposed to open long distance views from areas to the south adding unnecessary clutter to the hillside. Whilst this was accepted previously under previous planning permission 2008/0784 on this occasion it has been determined that the corresponding wind turbine would not be acceptable in planning terms. As such I am of the opinion that the need for the meteorological mast cannot be substantiated on this occasion. Furthermore the proposal to increase the time period from 3 to 24 months represents a substantial increase for this harm to be in situ. I therefore consider that the development would harm the landscape character area, contrary to CSP37. On this occasion however I do not feel that the case for the structure being considered to harm the setting of the Peak District National Park could be substantiated as the reduced mass of the structure would make it less conspicuous from locations within the boundary in the context of other existing structures such as the pylons and overhead power lines. Residential amenity In my opinion the proposed meteorological mast does not raise any significant issues with regards to the living conditions of existing properties in that it would be located approximately 270m from the nearest dwelling meaning that dominance/massing is not a significant issue when taking into account the slim line nature of the main mast and guy wires. In addition the mast does not raise issues such as noise and shadow flicker that are considerations with the proposed wind turbine. Highway safety The mast would be transported to the site over a 2 day period using a 4x4 vehicle and trailer using the existing farm access from Mortimer Road. This access is used by existing farm vehicles and whilst being on a gradient has a reasonable standard of visibility in either direction. The main issue is likely to be if any vehicles leaving the farm and the small number of dwellings which share the

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access at the same time as when the mast components were being delivered to the site. However the internal access road would appear wide enough for two vehicles to pass each other and highways have resolved not to object to the application subject to a condition requiring the finer details of the arrangements to be provided before the work is carried out to inform any mitigation measures that are judged necessary. Others Biodiversity - The mast would be sited over 50m from the nearest trees and habitat in accordance with Natural England guidance to avoid potential impacts on bats. In addition the guy wires would be fitted with bird diverters at intervals of 5m or less in order to reduce the possibility of bird strikes. No objections are raised by the Biodiversity Officer taking into account of this. PROW – The met mast could be transported to the site and assembled without affecting the public right of way. Accordingly there are no concerns from this perspective. Air traffic – The CAA has confirmed that at 60m high the mast would not constitute an aviation en-route obstruction. In addition the National Air Traffic Service have resolved not to object to the application for the proposed meteorological mast. Accordingly this proposal does not raise the same issues as the proposed wind turbine. Overall Whilst the proposed meteorological mast does not conflict with Green Belt planning policies to the same degree as the proposed turbine I still consider that it would be a form of inappropriate development in the Green Belt. Inappropriate development is, by definition, harmful to the Green Belt and such development should not be approved, except in very special circumstances. Such very special circumstances will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. The NPPF states that very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable resources. On one hand harm to the Green Belt would not be as significant as the proposed turbine meaning that the potential renewable benefits of the overall scheme would more easily outweigh the level harm that would be caused by the mast. On the other hand the mast would not itself generate any renewable energy and its justification arguably removed given that the corresponding application for the turbine has been judged to have unacceptable impacts. The mast also would harm openness by virtue of its proposed 60m height and proposed siting on high land contours that is exposed to open long distance views from Stocksbridge and Midhopestones to the south. The proposed bird deflectors to be fitted onto the guy wires would add further clutter. In addition the development would represent countryside encroachment, conflicting with this as one of the purposes of including land in the Green Belt. In addition the mast is proposed to be in place for a duration of 24 months in contrast to much a shorter period of 3 months in the case of the mast approved under application 2008/0784. Furthermore on this occasion the justification for the met mast is not justified given that the proposed turbine it would relate to has been judged to be an unacceptable form of development. Given the above I am of the opinion that the proposed meteorological mast would be an inappropriate form of development in the Green Belt and that the level of harm would not be clearly outweighed by other considerations. In addition these same characteristics would mean that it would harm the visual amenity of the Penistone Upland Farmland Landscape Character Area’, contrary to CSP37.

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The application has also been assessed against the other range of potential impacts including the living conditions of existing properties, highway safety, biodiversity and public rights of way. However the proposal would not warrant reasons for refusal in respect of any of these issues. Recommendation Refuse application 2013/0784 for the following reasons: 1 The site lies within the Green Belt in the Barnsley Unitary Development Plan and the

proposal constitutes inappropriate development. The Local Planning Authority is of the opinion that the very special circumstances put forward do not clearly outweigh the harm to the character and openness of the Green Belt by virtue of the proposed scale and siting of the turbine in relation to the immediate surrounding landscape character. As such the proposal conflicts with the provisions of the NPPF, the advice contained within the National Planning Practice Guidance for Renewable and Low Carbon Energy and Barnsley Core Strategy policies CSP6, CSP21, CSP20, CSP34, CSP37 and the Barnsley Landscape Character Assessment.

2 In the opinion of the Local Planning Authority, the proposed wind turbine would harm the character and appearance of the nearby Peak District National Park in that the height and scale of the turbine would have a detrimental visual impact to the open character of the highly sensitive landscape, including the Dark Peak, Dark Peak Pennine Fringe and Eastern Moorland, conflicting with the statutory purposes of the National Park. The proposed development therefore conflicts with the Peak District National Park Landscape Strategy and European Landscape Convention Action Plan, the Barnsley Council Landscape Character Assessment, Barnsley Core Strategy policies CSP6, CSP21, CSP20, CSP37 and the Climate Change and Sustainable Building Supplementary Planning Document (SPD) adopted by the Peak District National Park Authority.

3 In the opinion of the Local Planning Authority, the proposal fails to satisfy Core Strategy policy 30 and Section 12 of the NPPF and the Planning Practice Guidance for Renewable and Low Carbon Energy in that it has not been adequately demonstrated that the form of development proposed would protect or enhance the character and appearance of the grade II listed buildings at Underbank Hall, Underbank Lane as heritage assets.

4 In the opinion of the National Air Traffic Control Service the proposed development has been identified to have a potential impact on air traffic control systems and presenting a potential hazard to aircraft safety. The proposal would therefore be contrary to CSP6 of the Barnsley Core Strategy and the advice contained within the National Planning Practice Guidance for Renewable and Low Carbon Energy.

5 In the opinion of the Local Planning Authority, the proposal fails to satisfy Core Strategy policy 36 'Geodiversity and Biodiversity in that it has not been adequately demonstrated that the form of development proposed would conserve and enhance biodiversity interests.

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Recommendation Refuse application 2013/0784 for the following reason: Refuse 1 The site lies within the Green Belt in the Barnsley Unitary Development Plan and the

proposal constitutes inappropriate development. The Local Planning Authority is of the opinion that the very special circumstances put forward do not clearly outweigh the harm to the character and openness of the Green Belt by virtue of the proposed scale and siting of the mast in relation to the immediate surrounding landscape character. As such the proposal conflicts with the provisions of the NPPF, CSP34, CSP37 and the Barnsley Landscape Character Assessment.

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2013/0784 and 2013/0747 Erection of a wind turbine (79m to blade tip) and Erection of a 60m meteorological mast (for a temporary 24 month period) Sheephouse Farm, Mortimer Road, Cubley, Penistone, Sheffield, S36 9FJ


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APPROVALS 2014/0074 Developments by Boutique Erection of 2no. dwellings Land Adjacent 36 Quest Avenue, Hemingfield, Barnsley, S73 0QB

3 individual letters of objection and a Petition with 41 signatures against the proposal have been received. Site Location and Description The site is a former Council owned garage site located at the end of Quest Avenue which is a steep single road occupied by brick semi detached dwellings. The site is accessed from a 2.3 metre wide access with a raised curb to the western side and a standard path to the east. The site has a large hard standing area – which has been used for turning for a number of years by residents and visitors. The sale of the site from the Council was subject to a legal covenant, which prevents any form of development on the hard standing area which is to be retained as a turning facility. A pair of semi-detached properties are situated both to the west of the site and to the south. A detached garage to number 38 is located immediately west and the southern semi (no. 36) has no habitable windows looking north onto the site. The site bounds the railway to the north and the recreation ground is located to the east with a pedestrian access across the site frontage to the green space. Proposed Development The application originally put forward 3 properties and has since being reduced to 2. Permission is thus sought for a pair of semi detached properties set well behind the 15 metre hard standing area which is to be retained for manoeuvring and turning at the end of the cul de sac. The semis proposed are both 3 bedroom houses with parking allocated to the sides of the properties. The dwellings are each 6 metres wide and 11.5 metres in length with a hipped roof and brickwork construction proposed. Policy Context UDP – Housing Policy Area Planning decision should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy, saved Unitary Development Plan policies and the Joint Waste Plan. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation.

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Core Strategy CSP 8: Identifies Hoyland Principal Town, which includes Hemingfield, as a location for growth. CSP 9: States that the Council will seek to achieve the completion of 21500 net additional homes during the LDF plan period lasting until 2026. CSP 14: Promotes a broad mix of house size, type and tenure to create mixed and balanced communities. CSP 26: New development will be expected to be designed and built to provide safe, secure and convenient access for all road users. CSP 29: High quality development will be expected, that respects, takes advantage of and enhances the distinctive features of Barnsley, and contributes towards creating attractive, sustainable and successful neighbourhoods. The Council will seek to ensure that development is appropriate to its context, and improves what needs improving, whilst protecting what is good about what we have. . Other relevant policies include: CSP 2: Sustainable Construction CSP4: Flood Risk CSP 25: New Development and Sustainable Travel CSP 35: Green Space CSP 40: Pollution Control UDP Saved Policies Unitary Development Plan Policy: H8A – The scale, layout, height and design of all new dwellings proposed within existing residential areas must ensure standards of residential amenity are provided for new and existing residents. NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. In respect of this application, relevant policies include: Core Principle 6: Delivering a wide choice of high quality homes – stating that housing applications should be seen in the context of the presumption of sustainable development and that housing proposals in sustainable locations that include a mix of house types and sizes should be supported. Core Principle 7: Requiring good design - The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people.

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Supplementary Planning Advice Supplementary Planning Document: Designing New Housing Development, adopted March 2012 provides advice on house design and spatial standards. The general principles should:

Ensure that high standards of privacy, light and outlook are provided for existing and proposed residents

Ensure internal and external spacing standards are met

Ensure the proposal respects local context, and character and contributes to the visual amenity of the area.

Supplementary Planning Document: Parking, adopted March 2012 provides advice on parking standards for dwellings. The general principles area that proposals should:

provide 1 space for dwellings with 1 or 2 bedrooms

provide 2 spaces for dwellings with 3 or more spaces These policies are considered to reflect the 4th Core Principle in the NPPF, which relates to high quality design and good standard of amenity for all existing and future occupants of land and buildings. South Yorkshire Residential Design Guide – Provides advice on residential design within South Yorkshire, and also relates to sustainability, local distinctiveness and quality in design. Consultations Network Rail Property – No comments received Yorkshire Water Services Limited – No objections Highways DC – No objections subject to suitable manoeuvrability space and collection area for bins. South Yorkshire Mining Advisory Service – No objections Regulatory Services - No objections Forestry Officer – No objections Drainage – No objections Representations A petition with 41 signatures has been received, along with 3 individual letters of objection – the points of concern are:-

Access not wide enough – particularly for construction traffic

Reduction in parking – area used for parking for visitors at present etc.

Refuse collection – refuse wagon struggles to get to the top of the street.

Ambulance requires turning area of at least 15 metres to turn around.

No need for additional housing

Additional traffic would be detrimental to highway safety.

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The main concern of the petition was against the reduction in size of the hardstanding turning area presently in situ. Assessment Material Consideration Principle of development Design and layout Residential Amenity Highway Safety Principle of development - The site is allocated as Housing Policy Area in the currently adopted UDP, and Urban Fabric, i.e. land within the settlement with no specific allocation, in the consultation draft of the Sites and Places Development Plan Document. The site is at the end of an existing residential street, and given its former use, would represent development on a brownfield site. Given its allocation and surroundings, the principle of residential development would be considered acceptable. All new dwellings proposed within existing residential areas must ensure that living conditions and overall standards of residential amenity are provided or maintained to an acceptable level both for new residents and those existing, particularly in respect of the levels of mutual privacy. In addition, development will only be granted where the proposal would maintain visual amenity and not create traffic problems or prejudice the possible future development of a larger area of land. Design and layout - The properties are set back into the site in order to retain the turning area to the front. The land does rise up so the properties will be at a slightly higher level to neighbouring dwellings but given their position at the corner of the cul-de-sac they would not appear as overly prominent or dominant features on the streetscene. The design puts forward a symmetrical pair of semi -detached dwellings to be constructed in brick resembling those existing on the street with a hipped roof. The dwellings have been situated to allow parking areas to each side and adequate private amenity space to the rear. The design of the pair is considered in line with the SPD on designing new housing development and policy CSP29 of the Core Strategy. Residential Amenity - The proposed pair of semi detached dwellings are sited in such a way that they are to the north-east and well set back from the adjacent semis to the west. Given this gap and positioning, and there being no side habitable room windows, the impact from loss of sunlight and privacy to this nearby neighbor is adequately mitigated against. In terms of the impact on the property to the south, No. 36, a 20 metre gap would exist between the front of the new dwellings and the side elevation of this neighbouring property. With a flat site, a distance of 12 metres would usually be acceptable but given the land slopes upwards, an increased distance would be expected and it is considered that the 20 m gap provided is sufficient to prevent any significant loss of amenity to this near neighbour. Habitable windows are incorporated in the front façade of both properties but I consider the separation distance sufficient in mitigating against any adverse impact from overlooking or privacy and as such the proposal is considered in accordance with saved policy H8A of the UDP and the SPD on new housing. In terms of internal spacing the rooms within each property meet the criteria within the South Yorkshire Residential Design Guide and each property has in excess of 60 sq metres of private garden area to the rear. Whilst the back of the site does borer onto the nearby railway line, the proposed properties would be no closer to this line than current properties at the end of the cul-de-sac.

98

Highway Safety - Accessibility and parking are the main points of contention in respect to the application and the subject of the petition and objections received. The residents of Quest Avenue seem to be of the view that the hard standing area is going to be reduced in size however the plan clearly shows an area of 19 metres wide and 15 metres in length to be retained as a turning area, and this shall be included as a condition. This allows an area for visitor vehicles both to the site and to the cul-de-sac to turn around in. The parking areas for the houses themselves are situated to the side of each property and not on the existing hard standing area. A legal covenant was also imposed by the Council as a condition of the sale of the land to the effect that this area shall not be built upon. Highways have looked at the access and although it does not provide for two way traffic this is due to the width of the street itself and as such the turning area to be retained is essential. There is an existing footway on the access road and this is proposed to be retained as it does assist in separating vehicular and pedestrian traffic. Overall the use of the site for two properties would generate less traffic than the previous use as a garage site and sufficient parking is provided with 4 spaces in total for the two dwellings. A condition is recommended to ensure adequate provision of bin storage areas. As such the proposal is not considered to be of any adverse detrimental impact to highway safety and complies with policy CSP26 of the Core Strategy. Conclusion The proposal for two dwellings represents an appropriate use of a former garage site within residential surroundings. The dwellings have been sited to retain the hardstanding area to the front of the site and to mitigate the impacts on neighbouring dwellings. The design is considered to be in character with its surroundings and the proposal is therefore recommended for approval. Recommendation Grant subject to:- 1 The development hereby permitted shall be begun before the expiration of 3 years from the


2 The development hereby approved shall be carried out strictly in accordance, with the amended plans (Nos 07 and 08 REV A.) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality accordance with Core Strategy Policy CSP 29, Design.

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

4 No development shall take place until: (a) Full foul and surface water drainage details, including a scheme to reduce surface water run off by at least 30% and a programme of works for implementation, have been submitted to and approved in writing by the Local Planning Authority:

99

(b) Porosity tests are carried out in accordance with BRE 365, to demonstrate that the subsoil is suitable for soakaways; (c) Calculations based on the results of these porosity tests to prove that adequate land area is available for the construction of the soakaways; Thereafter no part of the development shall be occupied or brought into use until the approved scheme has been fully implemented. The scheme shall be retained throughout the life of the development. Reason: To ensure proper drainage of the area in accordance with Core Strategy Policy CSP 40, Pollution Control and Protection.

5 No development shall take place until an intrusive borehole investigation has been undertaken to investigate ground conditions and the possible risk of mining legacy risks. Details of this investigation shall have been submitted to the Local Planning Authority before development commences. The site investigation and subsequent development should be undertaken in compliance with "CIRIA" publication 32 "Construction over abandoned mine workings" and the approved report. Reason: To ensure suitable land stability in accordance with NPPF sections 120 and 121.

6 The hardstanding area shown on the site plan shall be retained at all times for the turning of vehicles. Reason: In the interests of highway safety.

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

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


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

11 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.

12 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority details of appropriate bin storage areas for the two dwellings. The bin storage areas shall be completed before the dwelling is occupied. Development shall be carried out in accordance with the approved details and shall thereafter be retained. Reason: In the interests of the visual amenities of the locality and highway safety in accordance with Core Strategy Policy CSP 29, Design and CSP26.

101

2014/0074 Erection of 2 no. dwellings Land adjacent 36 Quest Avenue, Hemingfield, Barnsley


Tun

nel

Track

Path

Recreation Ground

MP 170

Hemingfield

HEMINGFIELD ROAD

134

116

122

120

19

16

55

23

22

21

4341

58

66

35

29

36

38

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2014/0063 Mr Glen Shaw Erection of detached garden room and extension of residential curtilage (Retrospective) 7 Far Townend, Dodworth

The application is referred to the Planning Board as it is classed as a departure and involves a legal agreement. Background 2007/0070 – Erection of rear garden room approved 5th March 2007 Description The application site consists of a moderate sized detached dwelling built in brick, with a concrete tile roof. The street slopes down to the south and the gardens correspond to this with the applicant’s rear garden sloping approximately 0.7m from one side to the other. The back of the site borders onto a recreation ground. Proposed Development The detached garden room that forms this application has already been constructed on the site. It has been built at the bottom of the applicant’s garden and measures 9.7m x 4.6m with an overall height ranging from 4.3m to 5.0m due to the slope of the rear garden. The structure has brick walls and a tiled roof. Doors and windows have been constructed on the western elevation facing the applicant’s own house. The side elevations are blank but a door has been inserted on the western elevation facing onto the recreation ground. In terms of its size and design the garden room erected is very similar to that approved under application 20107/0070 apart from the door in the western elevation and the rise in height by approximately 0.3m. However, the main reason for the submission of the application, is that the garden room has not been constructed in the position shown on the approved plan under application 2007/0070. The garden room has encroached approximately 1.8m into the adjoining recreation land. As such the application seeks retrospective planning permission for the new position of the garden room, the changes to the height and design, and the extension of the curtilage into the recreation ground to cover the area where the garden room has encroached upon. Policy Context Planning decisions should be made in accordance with the development plan unless material considerations indicate otherwise and the NPPF does not change the statutory status of the development plan as the starting point for decision making. The development plan consists of the Core Strategy, and saved Unitary Development Plan policies. The Council has also adopted a series of Supplementary Planning Documents and Supplementary Planning Guidance Notes, which are other material considerations. The Council has produced a Consultation Draft of the Development Sites & Places Development Plan Document (DSAP), which shows possible allocations up to 2026 and associated policies. The document is a material consideration but the weight afforded to it is limited by the fact it is at an early stage in its preparation.

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Core Strategy Core Strategy Policy CSP 29 sets out the overarching design principles for the borough to ensure that development is appropriate to its context. The policy is to be applied to new development and to the extension and conversion of existing buildings. CSP35 – Green Space - We will only allow development proposals that result in the loss of green space where: an assessment shows that there is too much of that particular type of green space in the area which it serves and its loss would not affect the existing and potential green space needs of the borough; or an appropriate replacement green space of at least an equivalent community benefit, accessibility and value is provided in the area which it serves; or the development is for small scale facilities needed to support or improve the proper function of the green space SPDs/SPGs Supplementary Planning Document - House Extensions sets out the design principles that specifically apply to the consideration of planning applications for house extensions, roof alterations, outbuildings & other domestic alterations. The general principles are that proposals for should: 1. be of a scale and design which harmonises with the existing building 2. not adversely affect the amenity of neighbouring properties 3. maintain the character of the street scene and 4. not interfere with highway safety. NPPF The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. At the heart is a presumption in favour of sustainable development. Development proposals that accord with the development plan should be approved unless material considerations indicate otherwise. Where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or where specific policies in the Framework indicate development should be restricted or unless material considerations indicate otherwise. CSP 29 and the SPD on House Extensions are considered to reflect the 4th Core Principle in the NPPF, which relates to high quality design and good standard of amenity for all existing and future occupants of land and buildings. They also reflect the advice in paragraph 58 (general design considerations) and paragraph 64, which states that ‘permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions’. Consultations Drainage- No objections Legal Officer – Acknowledges that a Section 106 agreement to secure the relevant obligations would be reasonable. Representations Neighbouring properties were notified by letter and a site notice posted. No representations have been received.

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Assessment Principle of development Residential Amenity Visual amenity Land issues Principle of Development - The majority of the garden room that has been erected is within the applicant’s curtilage and apart from a minor increase in height and the addition of a door, is the same as that approved under application 2007/0070. The principle of this development has therefore been established and the erection of a detached ancillary outbuilding acknowledged as acceptable at this site. The main issue therefore, relates to the encroachment onto the recreation ground. Core Strategy Policy CSP35 states development proposals that result in the loss of Green Space will only be allowed where an assessment shows there to be a surplus or appropriate replacement provision is provided. As the land is functioning as Green Space it is afforded a degree of protection and a presumption against development. With this particular development, it is acknowledged that the level of encroachment is small compared to the size of the overall recreation area. The garden room has only encroached 1.8m into the recreation ground for a length of 9.7m which represents a small fraction of the overall green space. It does not encroach onto any formal play equipment or sports pitches but encroaches into the western boundary of the site. It has involves some loss of scrub vegetation and bushes but no trees have been taken out. The applicant has stated that the building has been up and constructed for over 6 years. The applicant has indicated that they are willing to enter into a legal agreement to provide a compensatory sum which can be used to mitigate against the impact of the encroachment. Whilst the proposal would represent a departure from the UDP, it is considered that the minor extent of the encroachment, combined with the length of time the building has been constructed, and the prospect of gaining benefits to open spaces through the legal agreement, would represent sufficient specific material considerations that, in this particular case would allow for the principle of the extension into the Green Space to be accepted. Residential Amenity - The garden room is situated at the far end of the applicant’s garden, over 10 metres away from neighbouring dwellings. Given the structure is only single storey, and there is existing boundary treatment to both neighbouring gardens, the proposal is not considered to give rise to any detriment to neighbouring amenities through loss of light or privacy. Visual Amenity - The garden room is built of materials that harmonise with surrounding buildings. It is single storey and therefore appears subservient to the neighbouring properties. The structure cannot be seen from the streetscene and is very similar to that design that was accepted in 2007. The applicant has provided a door to the rear of the building that is at a higher level to the ground and abuts directly onto the recreation ground. This appears to serve no domestic purpose and would need additional steps to be constructed to gain access which could be a further encroachment onto the green space. This door was not on the plans approved in 2007 and as such it is recommended that if planning permission is to be granted a condition is imposed asking for this door to be removed and the areas bricked up to create a uniform blank elevation facing onto the recreation ground. Land Issues - The land that the applicant has encroached onto is Council owned land. Although not a material planning consideration, if planning permission was approved the applicant would still need to negotiate with the Council’s Asset Management Section to purchase the relevant area of land that has been encroached upon. The decision made on this application would not prejudice the discussions on that which would be a separate issue to the planning consideration.

105

Conclusion The approval of application 2007/0070 established the principle of a garden room at this site. The encroachment onto the green space represents a departure from the UDP but given it represents only a minor incursion, has been constructed for a number of years, and a compensatory sum through a legal agreement has been offered, it is considered that this represents unique circumstances which would allow approval of the development and would not lead to an undesirable precedent being set The application is therefore recommended for approval subject to the signing of a Section 106 agreement. Recommendation Grant subject to Legal Agreement:- 1 The development hereby approved shall be carried out strictly in accordance with

the plans (Nos GS/2013/1, GS/2013/2, GS/2013/3, GS2013/4, and GS2013/5) and specifications as approved unless required by any other conditions in this permission. Reason: In the interests of the visual amenities of the locality and in accordance with LDF Core Strategy Policy CSP 29, Design.

2 Within three months of the date of this decision the door on the eastern elevation of the garden room, facing the recreation ground, shall have been removed and the opening bricked up to match the existing structure. Reason: In the interests of visual amenity and to protect the open space in accordance with CSP35 and CSP29.

3 The extent of the extension of the residential curtilage is limited to the back wall of the garden room as detailed in red edge on plan GS/2013/4. Reason: For the avoidance of doubt and to protect the open space in accordance with CSP 35.

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2014/0063 Erection of detached garden room and extension of residential curtilage (Retrospective) - 7 Far Townend, Dodworth, Barnsley


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BARNSLEY METROPOLITAN BOROUGH COUNCIL

PLANNING APPEALS

1st February to 28 February 2014

APPEALS RECEIVED The following appeals have been received during this month

Reference Details Method of

Appeal

Committee/Delegated

2013/0763

Erection of changing rooms, putting green/bowling green and stables and associated car park Burntwood Kitchen Garden, Moor Lane, Brierley, Barnsley

Written

Representation

Delegated

APPEALS WITHDRAWN

No appeals were withdrawn in the month of February APPEALS DECIDED

Reference Details Method of

Appeal

Decision Committee/

Delegated

2012/1363

Residential Development

(Outline)

Laird’s Way, Penistone,

Sheffield

Public Inquiry

Allowed

11/02/2014

Committee

13 Appeals decided since April 2013 8 Appeals allowed since April 2013 61.5% of all appeals dismissed since April 2013