KIRKLEES COUNCIL

PLANNING SERVICE

LIST OF PLANNING APPLICATIONS TO BE DECIDED BY

STRATEGIC PLANNING COMMITTEE

11-Dec-2014

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 BACKGROUND PAPERS

There is a file for each planning application containing application forms, plans and background papers.

Simon Taylor - Extension 04778

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In respect of the consideration of all the planning applications on this Agenda the following information applies; PLANNING POLICY The statutory development plan comprises: The Unitary Development Plan (UDP). These reports will refer only to those polices of the UDP ‘saved’ under the direction of the Secretary of State beyond September 2007. The statutory development plan is the starting point in the consideration of planning applications for the development or use of land unless material considerations indicate otherwise (Section 38(6) Planning and Compulsory Purchase Act 2004). The LDF core strategy approved by the Council in March 2012 was sunmitted to the Secretary of State on 2nd April 2013 for independent examination. However, following correspondence and meetings with the planning inspector, appointed by the Secretary of State, the council resolved to withdraw the core strategy on 23rd October 2013. Until such time as revised core strategy proposals have been submitted for examination they will have no significant weight in the determination of planning applications. National Policy/Guidelines National planning policy and guidance is set out in National Policy Statements, primarily the National Planning Policy Framework (NPPF) published 27th March 2012, the Planning Practice Guidance Suite (PPGS) launched 6th March 2014 together with Circulars, Ministerial Statements and associated technical guidance. The NPPF consitutes guidance for local planning authorities and is a material consideration in determining applications. REPRESENTATIONS The Council adopted its Statement of Community Involvement (SCI) in relation to planning matters in September 2006. This sets out how people and organistations will be enabled and encouraged to be involved in the process relating to planning applications. The applications have been publicised by way of press notice,.site notices and neighbour letters (as appropriate) in accordance with the Statement of Community Involvement and in full accordance with the requirements of regulation, statute and national guidance.

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EQUALITY ISSUES The Council has a general duty under section 149 Equality Act 2010 to have due regard to eliminating conduct that is prohibited by the Act, advancing equality of opportunity and fostering good relations between people who share a protected characteristic and people who do not share that characteristic. The relevant protected characteristics are:

• age; • disability;

• gender reassignment;

• pregnancy and maternity;

• religion or belief;

• sex;

• sexual orientation.

HUMAN RIGHTS The Council has had regard to the Human Rights Act 1998, and in particular:-

• Article 8 – Right to respect for private and family life. • Article 1 of the First Protocol – Right to peaceful enjoyment of property

and possessions.

The Council considers that the recommendations witihn the reports are in accordance with the law, proportionate and both necessary to protect the rights and freedoms of others and in the public interest.

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PLANNING CONDITIONS AND OBLIGATIONS Paragraph 203 of The National Planning Policy Framework (NPPF) requires that Local Planning Authorities consider whether otherwise unacceptable development could be made acceptable through the use of planning condition or obligations, The Community Infrastructure Levy Regulations 2010 stipulates that planning obligations (also known as section 106 agreements – of the Town and Country Planning Act 1990) should only by sought where they meet all of the following tests.

• necessary to make the development acceptable in planning terms; • directly related to the developmetn; and

• fairly and reasonably related in scale and kind to the development.

The National Planning Policy Framework and further guidance in the PPGS launched on 6th March 2014 require that planning conditions should only be imposed where they meet a series of key tests; these are in summary: 1. necessary; 2. relevant to planning and; 3. to the development to be permitted; 4. enforceable; 5. precise and; 6. reasonable in all other respects. Recommendations made with respect to the applications brought before the Planning sub-committee have been made in accordance with the above requirements.

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Application No: 2014/90688 ............................................................................. 9

Type of application: 60m - OUTLINE APPLICATION Proposal: Outline application for erection of commercial floorspace (B1c, B2, B8) including details of engineering operations to form serviced employment plots and full application for the erection of 166 dwellings Location: Land at Slipper Lane, Mirfield Ward: Mirfield Ward Applicant: Taylor Wimpey Yorkshire & Park Crescent Agent: Neil Rowley, Savills Target Date: 24-Jul-2014 Recommendation: OASD - CONDITIONAL OUTLINE APPROVAL SUBJECT TO DELEGATION TO OFFICERS -----------------------------------------------------------------------------------------

Application No: 2013/91204 ........................................................................... 72 Type of application: 62 - FULL APPLICATION Proposal: Use of land as camping centre with erection of 18 camping pods and amenity block, and formation of car park area Location: Bank House Farm, Broad Carr Lane, New Mill, Holmfirth, HD9 7HU Ward: Holme Valley South Ward Applicant: S Hinchcliffe, c/o agent Agent: Sarah Dufton, Acumen Designers & Architects Ltd Target Date: 12-Dec-2014 Recommendation: FC - CONDITIONAL FULL PERMISSION -----------------------------------------------------------------------------------------

Application No: 2014/91665 ........................................................................... 92 Type of application: 62 - FULL APPLICATION Proposal: Erection of clubhouse and changing rooms with biomass boiler and alterations including access, car parking and realignment of pitches Location: Hepworth United Playing Field, Far Lane, Hepworth, Huddersfield Ward: Holme Valley South Ward Applicant: Hepworth United FC C/O Agent Agent: Brenden Harrison, 2H Architecture Target Date: 15-Dec-2014 Recommendation: FC - CONDITIONAL FULL PERMISSION -----------------------------------------------------------------------------------------

Application No: 2014/92662 ......................................................................... 130 Type of application: 62m - FULL APPLICATION Proposal: Change of use from builders merchant (Sui Generis) to warehouse (B8), vehicle workshop (B2) and external vehicle storage Location: Builder Centre, Willow Lane, Fartown, Huddersfield, HD1 6EB Ward: Greenhead Ward Applicant: Ken Savage, Perrys Motor Sales Ltd Agent: Thomas Gibson, GD Design Group Target Date: 25-Nov-2014 Recommendation: FC - CONDITIONAL FULL PERMISSION -----------------------------------------------------------------------------------------

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Application No: 2014/91283 ......................................................................... 139 Type of application: 62m - FULL APPLICATION Proposal: Erection of extensions to warehouse Location: Ravenswharfe Mills, Ravenswharf Road, Scout Hill, Dewsbury, WF13 3RD Ward: Dewsbury West Ward Applicant: G Wilson (Fibres) Ltd Agent: Kevin Lee Target Date: 13-Jan-2015 Recommendation: FC - CONDITIONAL FULL PERMISSION -----------------------------------------------------------------------------------------

Application No: 2014/92973 ......................................................................... 148 Type of application: 62 - FULL APPLICATION Proposal: Demolition of existing office building and formation of extension to existing engineering facility, new transformer and associated external works Location: David Brown Gear Systems Ltd, Park Road, Lockwood, Huddersfield, HD4 5DD Ward: Crosland Moor and Netherton Ward Applicant: D Scott c/o Agent Agent: J Child, Acumen Designers & Architects Target Date: 14-Nov-2014 Recommendation: FC - CONDITIONAL FULL PERMISSION -----------------------------------------------------------------------------------------

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Application No: 2014/90688

Type of application: 60m - OUTLINE APPLICATION

Proposal: Outline application for erection of commercial floorspace (B1c, B2, B8) including details of engineering operations to form serviced employment plots and full application for the erection of 166 dwellings

Location: Land at Slipper Lane, Mirfield Grid Ref: 419493.0 421601.0

Ward: Mirfield Ward

Applicant: Taylor Wimpey Yorkshire & Park Crescent

Agent: Neil Rowley, Savills

Target Date: 24-Jul-2014

Recommendation: OASD - CONDITIONAL OUTLINE APPROVAL SUBJECT TO DELEGATION TO OFFICERS

----------------------------------------------------------------------------------------- LOCATION PLAN

© Kirklees Council 100019241 2008 Map not to scale – for identification purposes only

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1. SUMMARY OF APPLICATION

RECOMMENDATION: GRANT CONDITIONAL OUTLINE PLANNING PERMISSION (BUSINESS AND INDUSTRY DEVELOPMENT) AND FULL PLANNING PERMISISON (RESIDENTIAL DEVELOPMENT), SUBJECT TO DELEGATION OF AUTHORITY TO OFFICERS TO IMPOSE: i) ALL NECESSARY AND APPROPRIATE CONDITIONS, WHICH MAY INCLUDE THOSE SET OUT BELOW, ii) SUBJECT TO THE COUNCIL AND THE APPLICANT ENTERING INTO A SECTION 106 AGREEMENT TO SECURE THE HIGHWAY MITIGATION MEASURES SET OUT IN THIS REPORT, DELIVERY OF INFRASTRUCTURE WORKS TO THE EMPLOYMENT PART OF THE SITE (AS SET OUT IN THE REPORT), OFF-SITE DRAINAGE WORKS AND TO SECURE A COMMUTED SUM IN RESPECT OF OTHER POLICY REQUIREMENTS iii) AND TO ISSUE THE DECISION.

Scale of Development 12.38 hectares

No. Jobs Created or Retained Unknown Policy UDP allocation Employment allocation & B3 Buffer zone Independent Viability Required Yes Representation/Consultation Individual Support (No.) 1 Individual objections 277 Petition N/A None received Ward Member Interest No Statutory Consultee Objections

No

Contributions • Affordable Housing See ‘Section 106 contributions/viability’ below • Education See ‘Section 106 contributions/viability’ below • Public Open Space See ‘Section 106 contributions/viability’ below • Other See ‘Section 106 contributions/viability’ below Other Issues The application site is allocated for employment use. Any Council Interest? No Planning Pre-application advice?

Yes

Pre-App Consultation Undertaken?

Yes – Public Exhibition held by the applicant on 9th December

Comment on application

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2. INFORMATION The application is brought before the Strategic Planning Committee in accordance with the Council’s delegation agreement as the application seeks permission for residential development of more than 60 dwellings, as site area exceeds 0.5ha with non-residential development proposed and as the development proposed represents a departure from the Council’s Unitary Development Plan. Members will recall that the application was deferred from the November Strategic Planning Committee to allow Officers time to consider issues around Viability. The site was visited by Members on the morning of the November meeting. 3. PROPOSAL/SITE DESCRIPTION Site Description: The application site comprises land on the northern urban fringe of Mirfield and consists of 12.38 hectares of land. The site has a frontage to Leeds Road (A62) and is bisected by Taylor Hall Lane. The site is bounded by Leeds Road to the north, by the rear of properties fronting Sunny Bank Road to the east, open fields, school playing fields and a former landfill site to the south and Slipper Lane to the west. Taylor Hall Lane provides vehicular access from Leeds Road to a small group of cottages. Beyond this, it has been closed to vehicular traffic, but provides a pedestrian/cycle link. A public footpath also crosses the site from Sunny Bank Road to Leeds Road. Slipper Lane gives access from the south to residential properties; there is no direct access from Leeds Road via Slipper Lane. To the west of Taylor Hall Lane, the site is largely flat, becoming dome shaped where it abuts Slipper Lane, with a level change of approximately 9 metres. To the east of Taylor Hall Lane the site falls uniformly from Leeds Road to the south east with a level change of approximately 10 metres. The site has the appearance of open fields, although some archaeological digging is currently taking place. Proposed Development: The application seeks outline planning permission for the erection of commercial floorspace (B1c, B2, B8) including details of engineering operations to form serviced employment plots and full planning permission for the erection of 166 dwellings. The application site is effectively split into two roughly equal sections, with Taylor Hall Lane segregating the two parts. To the east of this is the part subject to the full application for residential development and to the west is the proposed Business & Industry development which is subject to the outline application.

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With respect to the outline application, the only matter applied for is means of access into the site. Although an indicative site plan has been submitted, this only shows how the site could be developed. The proposed site access for the Business & Industry is in the form of two T-junctions directly onto Leeds Road. Layout, scale, appearance and landscaping are not applied for and are reserved for subsequent consideration. The proposed uses for this part of the site are B1c (Light Industry appropriate in a residential area), B2 (General Industry) and B8 (Storage or Distribution). The applicant has not specified a split in the total floorspace in respect of these types of business uses, however this is considered in the ‘Assessment’ below. With respect to the proposed residential development of 166 dwellings, this has been submitted in the form of a full application. Access into the residential development is proposed as a single junction, directly onto Leeds Road. The residential development itself is effectively split into two parts to allow for an area of open space, along with two dry basin areas for drainage. This also allows for the retention of the existing Public Footpath through the site and accommodates existing power lines. On the eastern part of the site 46 dwellings are proposed, with the remaining 120 being to the west of this area. The proposed dwellings are a mix of terraced, semi-detached and detached properties. They also range in height with 2 storey, 2 and a half storey and 3 storeys. This mixed use application has come forward because, as set out by the applicant, the consented employment development cannot come forward alone due to the costs of providing infrastructure on the site. There has been no market interest in the consented retirement community. Accordingly the applicant proposes residential development (on the part of the site previously consented for a retirement community) to cross subsidise employment development upon the remainder. The financial dynamics of the proposal are explained in full later in this report. The proposals constitute Environmental Impact Assessment (EIA) development as defined in the Town & Country Planning (Environmental Impact Assessment) Regulations 2011. 4. BACKGROUND AND HISTORY 2007/90423 – Outline application for B1 (Offices) and B2 (General Industry) and hotel. Withdrawn. 2008/90695 – Outline application for B1 (a, b, c) and B2 use within a Continuing Care Retirement Community and Ancillary A1 use together with means of access, landscaping and change of site levels. Approved.

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2011/92428 - Erection of two B2 (general industrial) /B8 (storage & distribution) use buildings (14,100 sq.m in total) with ancillary B1 offices, formation of access, car parking, drainage proposals, landscaping and the erection of a 6m high acoustic fence, gate house, substation, site compound and temporary stockpiling of fill materials and top soil on land to the east of the proposed buildings. Approved 2012/93087 - Extension to time limit to previous permission 2008/90695 for outline application for B1 (A,B,) and B2 use within a continuing care retirement community and ancillary A1 use together with means of access, landscaping and change of site levels. Approved 5. PLANNING POLICY Unitary Development Plan: UDP allocation – The majority of the application site is allocated for Business and Industry (Policy B2), with the eastern and western boundaries (and a small amount of the southern boundary) of the site allocated as Buffer Zones (Policy B3). BE1 – Good quality design BE2 – New development to be in keeping with surroundings BE11 – Materials BE23 – New development should incorporate crime prevention measures B1 – Employment needs B2 – Allocation of land for business and industry B3 – Buffer Zones T10 – Highway safety T16 – Pedestrian routes T17 – Cycling provision T19 – Parking standards EP4 – Noise sensitive developments EP6 – Noise levels EP11 – Ecological landscaping G6 – Contaminated land NE9 – Trees H10 – Affordable Housing H12 – Retention of Affordable Housing Other considerations: Mirfield Design Statement (2002) National Planning Policy Framework (NPPF): ‘Core Planning Principles’ ‘Decision taking’ ‘Topic Areas’:

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Part 1 Building a strong, competitive economy Part 4 Promoting sustainable transport Part 6 Delivering a wide choice of high quality homes Part 7 Requiring good design Part 8 Promoting healthy communities Part 10 Meeting the challenge of climate change, flooding and coastal change Part 11 Conserving and enhancing the natural environment Other guidance: SPD1 – Negotiating financial contributions for transport improvements SPD 2 Affordable Housing ‘Providing for Education Needs Generated by New Housing’ (KMC Policy Guidance) 6. CONSULTATIONS The following is a brief summary of Consultee advice (more details are contained in the assessment section of the report, where appropriate): KC Highways DM – No objections subject to the imposition of conditions KC Environmental Health – With respect to each aspect of the development: Residential development: No objections subject to the imposition of conditions in respect of Contaminated Land, noise, ventilation and dust. Business & Industry development: No objections subject to the imposition of conditions in respect of Contaminated Land, noise, odours, artificial lighting and air quality. KC Environment Unit – No objections subject to the imposition of conditions. KC Arboricultural – No objections subject to conditions. KC Environmental Strategic Waste – No objections. KC Strategic Drainage – Following receipt of additional information and subject to the imposition of conditions, previous concerns are overcome. In addition a £30,000 sum to fund off-site works is considered necessary and this can be secured by Section 106 agreement. KC Education – In order to satisfy a shortfall in additional school places generated by the development (in respect of Old Bank J I & N School and Mirfield Free Grammar, a contribution of £725,752 is calculated. KC Landscaping – A commuted sum (of £143,750) for off-site provision has been requested by the Council’s Landscape section. Environment Agency – No objection subject to the imposition of conditions.

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English Heritage – “We do not consider that it is necessary for this application to be notified to English Heritage.” West Yorkshire Archaeology Advisory Service – Request that the applicant submit an evaluation of the full archaeological implications of the proposed development before the application is determined. Yorkshire Water – No objections subject to conditions. W.Y. Police Architectural Liaison Officer – No objections in principle. Coal Authority – No objections subject to the imposition of a Condition requiring further intrusive site investigation works before development commences. Highways Agency – “offers no objection”. 7. REPRESENTATIONS The application has been advertised by means of neighbour notification letters, site notices and notice in the press. The original period of publicity expired on 5th April 2014. Following submission of amended plans and an amended description, the proposal has been re-advertised and this period expired on 30th September 2014. A total of 278 letters of objection have been received, with one letter of support. These representations include those submitted by Mirfield Free Grammar and Sixth Form and ‘Save Mirfield’. Appended to the ‘Save Mirfield’ objection is a petition of objection with 527 signatures. For information, the objections submitted by Mirfield Town Council and corresponding response from the applicant are appended to this report. In addition, the comments from ‘Save Mirfield’ are also appended. The main points of objection are: Highways:

- Existing congestion on A62 will be worsened – both from residential and the industrial developments

- Mirfield suffers from severe congestion at peak times - Cumulative impact of residential development in Mirfield needs to be

considered - Development will lead to ‘rat runs’ through Roberttown - Slipper Lane and Taylor Hall lane should be opened up to ease

congestion - Children will be at a highway safety risk

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- Access for emergency services may be restricted - Mirfield roads are particularly narrow - Parking on Slipper Lane may be encouraged - Mirfield Free Grammar request a pedestrian crossing on the A62 near

junction with Slipper Lane Landscape / ecology:

- Loss of green open space will be detrimental - Development will impact on wildlife - No deciduous trees should be planted next to the Mirfield Free

Grammar playing field as fallen leaves would be a Health & Safety Hazard

Planning policy:

- Buffer Zones should be retained with the specified distances as a minimum

- Proposal will create more pressure to find additional employment land in North Kirklees, thereby risking as-yet undeveloped Green Belt sites

- Housing proposal is contrary to site allocation - When/how was the site ‘re-zoned’ for housing? - Proposed development is not ‘Sustainable’ - NPPF recognises the value of open land - Development does not comply with Policy BE12 - Site should be retained for recreation and open space benefit - Site should be re-allocated as Green Belt

Impact on amenity:

- Existing houses would look over houses rather than open fields - Industrial buildings are shown too close to existing dwellings - Development will create noise/smell issues - New houses will create overlooking of existing properties - Design of dwellings is of concern – a ground breaking design could be

put forward - Details of boundary treatment should be required

Infrastructure capacity:

- Local schools are already oversubscribed - Health services are also stretched beyond capacity - Mirfield train station cannot cope

Other matters raised

- Loss of natural drainage by introducing hardstanding - Mirfield has “approx. 300” houses currently on the market so there is

no demand for further housing

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- Site already suffers from drainage issues (which will become worse in time)

- Development should not impact on drainage of school playing fields - Significant disruption would be caused during the lengthy construction

phase - Air Quality will be adversely affected - Health & safety concerns such as children climbing on scaffolding - Industrial buildings in a rural area are not acceptable and may infringe

on human rights - Proposals will affect property prices - Existing empty buildings should be used - Council has wrong approach to developing ‘Green Belt’ - Proposals will lead to future development around Cooper Bridge - Possible land stability issues given mining heritage - Development will set a precedent for other open fields to be built on

The following points have been made in support of the application:

- Development on this site is overdue - Housing is preferable than industrial buildings for local people

Mirfield Town Council – The following comments have been made on behalf of Mirfield Town Council, with Officer’s responses below them: “Departure 1. The application is a very clear departure from the development plan. It has been publicised as such. Response: Noted. 2. In recent times, case law seems to be re-emphasising the statutory basis of decision making in respect of planning applications with the requirement to adhere to the Section 38(6)1 statutory presumption in favour of the development plan. See, for example, Lark Energy Limited v Secretary of State for Communities and Local Government & Waveney DC [2014] EWHC 2006 (Admin) where Lindblom J said at Para 46: That presumption is the cardinal principle of the plan-led system of development control. If it is to be properly applied the decision-maker must understand the relevant provisions of the plan. Clearly in this application the proposed 166 houses is a major and significant departure from the B2 sites for business and industry allocation in the Development Plan (saved policies).

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Response: The importance of the Development Plan as a starting point in the consideration of planning applications is set out at page 3 of this agenda. The assessment sets out the material planning considerations that have been weighed in the planning balance. The parts of the development which do not accord with the Development Plan are clearly set out in the ‘Assessment’ section of this report. These issues are weighed against other material considerations where appropriate. 3. As we have previously debated in relation to previous applications on this site it is not permissible to answer or counter the development plan by applying NPPF. The development plan has to be the starting point and the presumption is that development proposals that do not accord with the plan should be refused unless material considerations indicate otherwise. It is accepted that NPPF is a material consideration. Response: The main issue for the Council, as decision maker, is the respective weight to be afforded to the development plan and to the various material considerations. These are set out below and the report clearly acknowledges the fact that the proposal constitutes a Departure from the adopted plan. The appropriate material considerations arising from the NPPF can then be considered. 4. Therefore it must be necessary to start with the statutory question: does the development proposed accord with the development plan? Response: The development represents a Departure from the Development Plan, meaning that it does not accord with that plan. However, when other material considerations are weighed in the planning balance, the development is considered acceptable. 5. It is necessary to look at the plan as a whole – see Lark Energy at Para 47. Response: Noted. 6. Clearly there are a number of important saved development plan policies that have a major bearing on the application of the statutory question. These include (but are not limited to) B2, B3, BE12, H8, H10, T10, BE1 Response: Noted. 7. The proposed 166 houses is a proposal that does not accord with UDP policy B2. Further the inclusion of Use Class B8 storage and distribution uses within the development proposal breaches policy B2. The Council’s attention is drawn to the contents of paragraph 10.14 of the supporting text to policy B2 which sets out the rationale why B8 is not suitable on this particular site. It is submitted that the rationale in 10.14 is as good today as it was in 1999 when

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the UDP was adopted. It is hoped that the officer report to the decision-maker would therefore include Para 101.14 in its entirety. Response: The assessment notes and considers that the proposed dwellings and B8 uses are contrary to the relevant policies in the UDP. When weighed against all material considerations these uses are considered to be acceptable. 8. In relation to policy B3 Buffer Zones – the housing being proposed in the buffer zone is in itself a departure from the objective of the policy, for example the last sentence of B3 dealing with visual amenity and wildlife conservation would apply. There is also an issue of principle, in that the buffer zones are linked to business and industry. Response: The assessment considers this issue in the below ‘Buffer Zones (UDP Policy B3)’ section. For the reasons set out in that part of the report, this aspect of the development is considered acceptable. 8. We have discussed the application of policy BE 12 in relation to the proposed 166 houses. The Council are aware of recent issues relating to the application of this policy elsewhere in the Mirfield area. On this type of large open relatively-level greenfield site one would expect that the minimum acceptable 21.0m distance in BE 12 i (habitable room window facing a habitable room window) would be applied. In the absence of such a 21m distance it would be necessary to apply the tests in the last sentence of BE12 ( permanent screening, changes in level etc preventing a detrimental effect on occupiers) in order to conclude that the proposed layout of the dwellings was in accordance with BE 12. There is a crucially important distinction between the textual interpretation of the meaning of policy in a plan and the exercise of planning judgment where the policy itself so requires. That difference was explained by the Supreme Court in Tesco Stores v Dundee City Council [2012] UKSC 13 – see the speech of Lord Reed at paras 19, 20 and 21. In this instance the Council cannot make the UDP Policy BE 12 mean whatever they would like it to mean. A distance of 15m from habitable room window to habitable room window without any screening, changes in level or innovative design ( resulting in no detriment) would not in my submission amount to a layout that was in accordance with BE12. The assessment of 21m versus the 15m of the proposal is a classic case of textual interpretation rather than some form of planning judgment. It is suggested that the shortfalls in this case of space about proposed dwellings is a material breach of policy BE12. I would suggest that it would be irrational to conclude otherwise. Response: This issue is considered in the ‘Residential amenity’ section of this report. This acknowledges that a number of dwellings within the site do not meet the full requirements of Policy BE12 in respect of separation distances. However, the report then considers whether these shortfalls would be harmful to residential amenity to a degree which could represent a reason

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for refusal. Taking into account all other material considerations (including the desirability of making efficient use of land to meet the housing need and the achievement of visual variations to the street scene) the development is considered acceptable in respect of residential amenity. 9. UDP Policy H18 (provision of public open space) is another policy that requires textual interpretation. The policy starts with an initial presumption of on-site provision at the specified rate. The second part of the policy, dealing with the alternative of off-site provision is subject to a ‘readily accessible’ test to the application site. The proposed layout of the 166 houses does not provide for the relevant amount of public open space at the rate of 30 sq m per dwelling. I would suggest that land below overhead high voltage power lines would not be suitable as public open space given the health concerns. Any proposal for off-site provision or enhancement would need to pass the ‘readily accessible’ test2. In the absence of any detail of the location and accessibility of off-site provision the only rational conclusion must be that the proposal does not accord with policy H18. Response: The ‘Public Open Space’ section of this report sets out the fact areas within the development (including the dry basin areas and the area shown as open space) are not considered to constitute formal areas of Public Open Space. However, they do provide areas suitable for informal exercise and recreation. In respect of an off-site sum the report sets out that the landscaping team have requested a sum of £143,750 for ‘destination parks’ which have been identified as Fox Royd and Southway Island. The securing of this money has been considered in the context of the Viability of the development in the ‘Section 106 contributions/viability’ section of the report. 10. Affordable Housing provision is required by policy H10. Based on the level of affordable housing that is being proposed by the developer the Council will need to consider whether the proposal accords with H10. The Council have declined to disclose the relevant viability information so that the Mirfield Town Council have been denied the opportunity to comment upon the overall viability. There is potentially a complex interaction with the applicant’s argument that the housing scheme (166 houses) enables the provision of the infrastructure on the B1 and B2 site. The enabling argument is, however, an ‘other material consideration’ and does not form part of the development plan. Consideration will need to be given to the issue of the nature and amount of affordable housing on the site. Response: Mirfield Town Council submitted a Freedom of Information request to view the applicant’s submitted Viability Appraisal. The request was assessed against the Environmental Information Regulations 2004 and provided a redacted copy of the report to MTC on the basis that the public interest in withholding the information outweighs the public interest in disclosing it.

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The applicant’s Viability Appraisal has been independently assessed and this reached the same conclusions as the original report. The provision of affordable housing has been considered in the ‘Section 106 contributions/Viability’ section. 11. Highway Safety and the adequacy of the Highway Network is an integral part of the application of policy T10. Clearly the Council will need to assess the highway impacts of the proposed development. Concern is expressed about the impact of the free flow of traffic on the A62 following the proposed development particularly at the nearby junction of the A62 with Sunnybank Road/Child Lane. Any mitigation measures should be deliverable by this particular development- part funding of such improvements does not amount to mitigation where the remainder of the funding is not committed or available. The A62 is a category 2 highway in the strategic highway network. Response: The below ‘Highway considerations’ section of the report considers Highway issues and concludes that the development is acceptable in this regard. This section also notes proposed mitigation measures. 12. Policy BE1 is also relevant. The promotion of a healthy environment including space and landscaping about buildings and avoidance of exposure to excessive noise or pollution is an important policy objective of the development plan. Attention is drawn to the issue of space about buildings in relation to the 166 houses and the impact of the possible B2 development in proximity to the proposed 166 houses – in the south-west corner of the proposed housing development. Response: The Council’s Pollution & Noise team has been consulted on the application and has raised no objections in this respect. As the layout of the industrial element of the site would need to be the subject of a reserved matters application, the impact of the development on nearby residents (including those subject to this application) will need to be further considered at that stage. Conclusion on the UDP 13. It is submitted that there are a number of breaches of UDP policies, as set out above, such that the proposal cannot be said to accord with the development plan for the purposes of the presumption in Section 38(6). Response: It is considered that this issue has been explored in the above responses and in the below assessment. Other material considerations 15. The National Planning Policy Framework (NPPF). As we discussed at our recent meeting, the paragraph 14 presumption in favour of sustainable development is material to this application. The first step is to determine whether the development proposed amounts to sustainable development?

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The meaning of sustainable development is that which is set out in paragraph 6 of NPPF: the need to look at the policies in paragraphs 18 to 219, taken as a whole. There is a very interesting argument about whether the 166 houses could be said to prejudice the objective in NPPF Para 20 of planning proactively to meet the development needs of business and support an economy fit for the 21st century. This site would arguably be available for future business needs, given its strategic location on the highway network and its loss to 166 houses would be contrary to that objective. The other side of that argument is the objective in paragraph 22 (avoidance of long-term protection where there is no reasonable prospect) and the enabling argument for the provision of certain infrastructure on the remainder of the site advanced by the applicant. Arguably it could be said that the long-term objective of maintaining a supply of business and industry sites should outweigh the short term (recession related) issues of viability. That would, it is suggested, be capable of saying that the proposal might not lead to a conclusion that what is being proposed (166 houses) gives rise to a conclusion sustainable development. Once that assessment is undertaken, if (and only if) the development is deemed to be ‘sustainable development, then in this case, the second bullet point of the ‘decision-taking’ part of Para 14 applies (given that the development does not accord with the development plan). Perhaps the fundamental question in applying the second bullet point is whether, in relation to the 166 houses, the UDP Policy B2 is ‘out of date’ in relation to the provision of sites for business and industry. Arguably the policy is not ‘out of date’ having regard to Chapter 1 of NPPF. For example the fourth bullet point of Para 21 states: Plan positively for the location, promotion and expansion of clusters or networks of knowledge driven, creative or high technology industries. And the fifth bullet point: Identify priority areas for economic regeneration, infrastructure provision and environmental enhancement. The point is that this site, including the site of the proposed 166 houses is very suitable for future economic growth, given its location and the likely strategy for employment land to be contained in the forthcoming Local Plan. Even though UDP Policy B2 is some fifteen and a half years old it still fits comfortably with the NPPF policy objectives. It might be said that the fifth bullet point suggests that the Local Plan should seek to make provision for the relevant infrastructure without the need to ‘sacrifice’ half the site to housing. UDP Policy B2, given its general contextual nature, does not fall foul of the need for policies to accord with the overall cost/benefit approach in NPPF. It is suggested therefore that UDP policy B2 is not out of date for the purposes of NPPF 14. In turn that would suggest that the NPPF Para 14 presumption does not, in this case, support the 166 houses.

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Response: The merits of the application have been fully considered in the assessment section of this report. 16. NPPF Para 17 fourth bullet point recognises the need for a good standard of amenity for future occupants of buildings. This buttresses the concerns about the space between habitable room windows within the proposed dwellings. Response: The below assessment considered the amenity of future occupiers of the development and considers it complies with Policy D2 in respect of residential amenity. 17. The application before the Council is for a mixed use scheme B1, B2 & B8 and 166 houses. Care is required in the application of NPPF Para 49 in circumstances where the residential element is solely to justify, as enabling development, the infrastructure for the business & industry part of the application site. Response: The below assessment sets out the material considerations in favour of the residential development and these go beyond solely the concept of ‘enabling development’. 18. The third bullet point of NPPF 69 supports the points made above about the lack of adequate on-site public open space. Response: Noted – as per response to point 9. 19. There is a very clear tension between the need to promote business and industry and the need for housing. The NPPF seeks to obtain both, in a balanced way. There are other sites to accommodate housing. Response: The application has been assessed on its planning merits and found to be acceptable (only the application before the Council can be assessed). Other non-NPPF material considerations. 20. The Council’s attention is drawn to the planning condition No 25 on outline permission 2008/90695 for B1, B2 and a Continuing Care Retirement Community on this same site: “Notwithstanding the details shown on the indicative layout and notwithstanding the provisions of The Town & Country Planning (General Permitted development) Order 1995 (as amended), or any order replacing or re-enacting that order, there shall be no buildings within a 30m buffer from the western (Slipper lane) boundary of the site.” This condition is an important ‘other material consideration’ as planning history. It reflects the requirements of UDP policy B3 and was imposed for that reason along with the interests of visual amenity and to safeguard the

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amenities of occupiers of existing residential properties. The Council are invited to impose this same condition on any approval for the current application using identical wording. Response: Noted – whilst this is a material consideration, since the time of the grant of permission 2008/90695, application 2011/92428 for David Brown Gears has received approval and this included industrial buildings in the Buffer Zone. As noted in the below ‘Buffer Zones (UDP Policy B3)’ section, Officers’ are satisfied that the function of the Buffer Zones can be satisfied in respect of noise mitigation and visual amenity. This issue will need to be further considered at reserved matters stage when the site layout is determined. 21. There is a need for the Council to carefully consider the applicant’s viability argument. It is suggested that the housing element of the proposal ought to be valued within the development appraisal based upon assumptions regarding the application of policy in relation to such matters as affordable housing, provision of on-site public open space and educational contributions. That should then yield a land value for the 166 houses which will need to be assessed against how that might fund the provision of the infrastructure on the business/industry part of the proposed development. The Council have refused to release such details to the Town Council which makes comment very difficult. As a result the position is reserved on this important matter. Response: Noted – as per response to point 10. 22. The application is in detail for the 166 houses and in outline only for the B1/B2/B8 development. There is a significant risk that the grant of planning permission would result in the development of houses but would not result in the development of B1/B2/B8 units or the infrastructure. It is suggested that a planning obligation under Section 106 of the Town & Country Planning Act 1990 would be essential if the application were to be approved in order to ensure that the B1/B2 and B8 employment development was delivered. The Council have recently taken the stance, in relation to enabling development elsewhere in the district, that a planning obligation was necessary (rather than a condition) to make the proposed development acceptable in planning terms. It is submitted that the planning obligation route must be correct given the significant departure from the development plan. A robust mechanism is required to ensure that if 166 houses are built then the relevant funds are expended upon the B1/B2 and B8 site within a given period with a defined description of works. Response: Noted and agreed – a Section 106 agreement relating to the delivery of the Industrial aspect of the development will be secured if Members are minded to approve the application. This approach is set out in the ‘Delivery of the Business and Industrial Development’ section below.

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23. A KSEZ contribution will be required in accordance with SPD1. Response: Noted and addressed in the ‘Section 106 contributions/viability’ section below. 24. The lack of detail on the B1/B2 and B8 development is a cause of some concern. The applicant includes with their Planning Statement a letter from Dove Haigh Phillips dated 24 February 2014. That contents of that letter would suggest that the problem here is the lack of willingness of the developer to invest in the necessary infrastructure for the site. The problem does not seem to be one of lack of demand. Therefore it would seem possible for the applicant to include, as part of the application some firm details of proposed buildings, to give the decision-maker some comfort that development can be delivered. The main issue is the lack of willingness of this particular developer to invest in the site. There is no problem with the site and its location. Dove Haigh Phillips assert that “... demand has been frustrated by the vital need to install the site infrastructure, services .....” The response is that is not a demand issue, but rather an issue related to the supply of serviced plots. Put simply, if the developer invests in the site and provides serviced plots, the demand will take up that supply. Thus the ‘blockage’ is the unwillingness to invest in the supply side of the equation. That unwillingness, ought not to be the basis for a major departure from the development plan (and NPPF) objective of delivering this site for employment uses. Response: The applicants have stated that the investment suggested by MTC would not make commercial sense, with the financial returns not justifying the investment or the risk. However, if the provision of infrastructure/access being funded by other means (i.e. the residential in the form of a cross-subsidy), then the viability position changes and the provision of the industrial buildings becomes viable. 25. There is a residual concern about the description of development contained in the application and whether it would deliver the employment site infrastructure proposed by the developer. The original wording of the description of development has been apparently altered to: “Outline application for erection of commercial floorspace (B1c, B2, B8) including details of engineering operations to form serviced employment plots and full application for the erection of 166 dwellings” However the details of the engineering operations to form serviced employment plots still fall within that part of the description that deals with outline matters. In context, the word ‘including’ suggests that the engineering operations are part of the outline component of the application. Given that all matters are reserved other than access it would seem that the serviced plots could not be delivered until such time as reserved matters approval (and discharge of relevant pre-development conditions) had been obtained. This is

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a cause of concern in relation to the timing of delivery of the employment infrastructure. It is suggested that if what is proposed is that the infrastructure works to create the serviced plots is not intended to be part of the ‘bare’ outline application then this should be made very clear in the description of development. It is observed that the revised description above of development is inconsistent with that described on the application form. Response: Officers’ have previously sought legal advice on this point and this confirmed that the revised description is acceptable and enables delivery of engineering operations to the employment part of the site to take place prior to submission of reserved matters. Following the submission of the amended description, the application was re-advertised with this amended description – this is listed as the description on the Council’s website and on the re-posted site notices and neighbour notification letters. Therefore, it is considered that sufficient and reasonable steps have been taken to make this revision clear. 26. The impact of releasing approximately half of this employment site for 166 houses potentially could affect the Council’s position in arguing for future employment allocations in the forthcoming Local Plan. The question would be why future land might need to be allocated for employment when existing allocations were recently approved for housing? This is surely capable of being a material consideration in the present case. Response: At the present time the weight to be afforded to the Local Plan is considered to be limited given its current status. The assessment below sets out the reasons why the proposed development is considered acceptable and this includes the use of approximately half of the site for residential development. Furthermore, as set out below, the fact that the site has been allocated for Business and Industry since the UDP was adopted in 1999 but hasn’t been brought forward in that time is relevant. The provision of housing will significantly increase the prospects of Industrial development being brought forward on the balance of the site. This could potentially reduce the pressure on other sites in Kirklees needing to be brought forward for employment purposes. 27. The amount ofB1/B2/B8 employment development is unknown at this bare outline (access only) stage. The lack of certainty as to what might be developed adds to the concerns. For example it would be possible to develop the site wholly with B8 storage under the current proposals.

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The Council’s attention is also drawn to the provisions of Class E to Part 3 of Schedule 2 of the General Permitted Development Order 1995. Even buildings built for B1 and B2 purposes could be changed to B8 use. Therefore some form of limitation by planning condition would be a desirable planning objective, e.g. to remove certain permitted development rights. Response: In respect of the concern over the amount of B8 storage that could be brought forward, Members are advised that a condition is suggested which restricts B8 floorspace to a maximum of 50% of the total industrial floorspace. The necessity for a restriction on potential changes of use can be considered at reserved matters stage, depending on the nature of use of each the buildings brought forward. 28. In order to apply the concept of enabling development, one has to be sure that the development which is contrary to policy will actually deliver the desired benefits. It will be recalled that the previous CCRC was justified by constraints on the local highway network preventing a complete B1/B2 development on the whole allocated site and not by the concept of enabling development. Response: This first issue has been addressed in the ‘Delivery of the Business & Industrial Development’ section of this report. The impact and acceptability of the development on the highway network has been looked at in the ‘Highway considerations’ section below. Conclusion 29. Mirfield Town Council have serious reservations about the proposals – particularly in relation to the provision of 166 houses. There are doubts about the deliverability of the employment development and concerns that the proposal does not accord with the development plan and may well not amount to NPPF sustainable development. Response: Noted. The lack of access to the viability information is also a concern, as it seems to be the main basis for the 166 houses on the eastern part of the site. Response: Noted. 8. ASSESSMENT The applicant seeks outline planning permission for the erection of commercial floorspace (B1c, B2, B8) including details of engineering operations to form serviced employment plots and full planning permission for the erection of 166 dwellings.

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General Principle/Policy: The statutory development plan is the starting point in the consideration of planning applications for the development or use of land unless material considerations indicate otherwise (Section 38(6) Planning and Compulsory Purchase Act 2004). The majority of the application site is allocated for Business and Industry (Policy B2), with the eastern and western boundaries (and a small amount of the southern boundary) of the site being allocated as Buffer Zones (Policy B3). The application site has two extant planning consents in place. Firstly the 2008 outline consent for B1 and B2 Use with a Continuing Care Retirement Community and ancillary A1 use. This was subsequently renewed in October 2013 (under application 2012/93087). The B1/B2 Uses occupied the western half (approximately) of the site, with the eastern half being taken up by the CCRC. In May 2012 a full application (Ref: 2011/92428) was approved for David Brown Gears for two B2 (general industrial) /B8 (storage & distribution) use buildings. This application took up approximately a quarter (to the western side) of the total site now subject to this application. Although this is a new full application, the extant consents remain important material considerations. The 2008 consent and the subsequent renewal in 2013 accepted the principle of the eastern half (approximately) being used for purposes other than the allocated Business & Industry uses. The National Planning Policy Framework states that the purpose of the Planning system is to contribute to the achievement of sustainable development for which there is a presumption in favour. NPPF identifies three dimensions to sustainable development; an economic role contributing to building a strong, responsive and competitive economy; an environmental role; and a social role by providing the supply of housing required to meet the needs of present and future generations. The NPPF states at Chapter 1, paragraph 18 that, “The Government is committed to securing economic growth in order to create jobs and prosperity.” Paragraph 6 of the NPPF states, “The purpose of the planning system is to contribute to the achievement of sustainable development. The policies in paragraphs 18 to 219, taken as a whole, constitute the Government’s view of what sustainable development in England means in practice for the planning system.”

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Paragraph 19 adds that the Government “is committed to ensuring that the planning system does everything it can to support sustainable economic growth.” Accessibility is one element of sustainable development but not the ultimate determining factor. Accessibility tests are set out in the Regional Spatial Strategy (RSS table 13.9). Although the RSS has been revoked it remains the latest plan which has been the subject to public examination and is therefore currently the soundest basis for assessment under NPPF paragraph 14. The application has been assessed against the tests as follows:

• Test 1: is there a local service centre within 1200m walking distance? • Test 2: is there a bus stop within 800m with a service of at least a 30

minute frequency and a journey time of less than 30 minutes (25 minutes bus and 5 minutes walking) to a town centre offering employment, leisure and retail opportunities?

• Test 3: is there a primary school within 1600m? (This equates to a 20 minute walk)

• Test 4: is there a surgery or other primary health facility within 1600m? The nearest local centre is 1,000m away from the site entrance at Roberttown. From the access given by the footpath to the south of the site, the nearest local centre to the site is 800m away at Greenside at the junction of Old Bank Road and Sunny Bank Road. The site is approximately 550m from the nearest bus stop, on Sunny Bank Road. This is served by the 221 and 253 buses, serving Leeds, Wakefield and Bradford on an hourly basis. The 221 service to Leeds takes 85 minutes and the 253 journey time to Dewsbury is 18 minutes, Bradford is 52 minutes and Wakefield is 53 minutes. The journey time and frequency do not meet those set out in the accessibility test. The site is 900m away from bus stops on Leeds Road. Whilst this is beyond the 800m set out in the test, the bus services offered are slightly better. The 229 and 220 provide 3 buses an hour to Huddersfield with a journey time to Huddersfield of 25 minutes. The site is approx 1,000 metres from Old Bank Junior and Infants School (via Taylor Hall Lane). The site is approximately 2,500 metres from the Health Centre at Doctor Lane, but is served half-hourly by 221 and 253 buses on Sunny Bank Road. It is considered that the economic benefits of the development in terms of facilitating employment opportunities, investment and providing business opportunities for contractors and local suppliers are significant. Bringing land allocated for business and industry into employment use will provide opportunities to accommodate local businesses looking to expand and find new land and premises and will also help attract new business and investment into the area.

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High end engineering and manufacturing are key sectors in the Kirklees economy and it is a Council priority, through the ‘Kirklees Economic Strategy’, to meet the needs of such industries. Making provision to enable the growth and relocation of such industries is key to the successful delivery of the strategy objectives. Slipper Lane represents one of few sites allocated for business and industry that benefits from the characteristics (size, topography, and proximity to workforce, supply chains and the motorway) required of modern business operations. In terms of an environmental role, the development makes efficient use of land allocated for development, delivering new development that is fit for purpose, providing new modern buildings that are energy efficient and take advantage of renewable energy sources and low carbon consumption. The development of a greenfield site represents an environmental loss however, whilst national policy encourages the use of brownfield land for development, it also makes it clear that no significant weight can be given to the loss of greenfield sites where there is a national priority to increase housing supply. There will be social gain through the provision of housing at a time of general shortage, including the provision of affordable housing. On balance, the development is considered to be sustainable in the context of the NPPF. The acceptability of the principle of the two aspects of the development (Business & Industry and Residential) are considered individually below: B1c (Light Industry appropriate in a residential area)/ B2 (General Industry)/ B8 (Storage or Distribution): Unitary Development Plan Policy B1 sets out the Council’s Strategy for meeting the employment needs of the district by, in part, providing land to accommodate the requirements of existing businesses. As the application site is allocated (aside from the Buffer Zone allocations) for Business and Industry (Policy B2), the proposed B1& B2 Uses of the western half of the site are in accordance with Policy B1 of the Kirklees UDP. The UDP allocation for this site extends to B1/B2 uses only. The uses falling within Class B8, as proposed, therefore represents a Departure from the UDP. The UDP states that some sites (including this) have been allocated for B1/B2 Uses, with B8 Uses excluded: “On the basis that land for business and industry is a relatively scarce resource in Kirklees, it will be appropriate to seek to ensure that job densities achieved through the development of the allocated land are as high as possible, particularly on the larger greenfield sites. Potentially the most extensive land users achieving the lowest job

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densities are storage and distribution, which fall into class B8. It is therefore proposed to preclude development for B8 use on those allocations which have the greatest potential to attract investment intended to secure the future prosperity of established companies in Kirklees or to accommodate new business. The exclusion of B8 uses from these sites should also ensure that there is scope for development drawing on established skills of the local workforce....”

Although the use of the site for B8 purposes would represent a departure from the UDP and would be contrary to Policy B2, it is the view of Officers that the proposed commercial development is acceptable for the following reasons: Firstly, the UDP allocation dates back to the adoption of the UDP in 1999 and it is accepted that the nature of and necessity for B8 uses has changed since that time. Given the scale of Industrial development proposed (upto 17,844m2) it is considered that an element of B8 use forms an important part of a mixed use development such as this. A condition is suggested restricting the amount of B8 floorspace to 50% of the total industrial floorspace – this is also in line with the 50% B8 which the submitted Transport Assessment considered. Secondly, including an element of B8 within the development will give the applicant a degree of flexibility in securing end users. Any B8 uses will generate a level of employment, often in respect of specialised logistics jobs. The case for allowing flexibility in the delivery of an employment use is also increased by the fact that the site has sat undeveloped for a considerable period of time, despite the sites allocation. Thirdly, the 2011 consent, as noted above, established an element of B8 industrial use on part of the application site for David Brown Gears. This is an important material consideration. Fourthly, and by way of background information, a report commissioned by Yorkshire Forward in 2009 (titled “Planning for Employment Land – Translating Jobs into Land”) to inform guidance to Local Planning Authorities on the assessment of future needs for employment land has some relevance to the proposed B8 use. The report considered, amongst other aspects, the employment density generated by business uses. It found that it is appropriate to consider all business uses together in this respect as, “these uses operate largely in similar buildings and at similar densities – with the exception of large specialist units.” Therefore the level of employment generated by B8 uses is generally considered to be comparable with that from B1 and B2 uses.

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It is considered that the material considerations, when considered cumulatively, weigh significantly in favour of allowing the B8 element of the development, thus outweighing concerns over the departure from the adopted UDP. The use of the site for B1c (Light Industry appropriate in a residential area) and B2 (General Industry) uses is in accordance with Policy B1 of the Kirklees UDP and is therefore acceptable. Residential development: As the application site is allocated for Business and Industry (Policy B2), the proposed residential development represents a departure from the adopted UDP. Paragraph 49 of the NPPF presumes in favour of sustainable development and indicates that housing policies should not be considered up to date if the Local Planning Authority is unable to demonstrate a 5 year supply of deliverable housing sites. Currently the Council is unable to demonstrate a 5 year supply of deliverable housing land. In this respect recent appeal decisions have confirmed that given the lack of a demonstrable 5 year land supply the Council’s housing land supply policies in the UDP are out of date. As such the lack of an adequate land supply in itself is a relevant and material consideration as is the provision of new housing which would help address the shortfall. The NPPF identifies the dimensions to sustainable development as being economic, social and environmental. It states that the roles are mutually dependent and should not be undertaken in isolation. A proposal for 166 dwellings will provide economic gains by providing business opportunities for contractors and local suppliers. There will be social gain through the provision of housing at a time of general shortage. The application site is greenfield (i.e. not previously developed). The development of a greenfield site represents an environmental loss however, whilst national policy encourages the use of brownfield land for development, it also makes it clear that no significant weight can be given to the loss of greenfield sites where there is a national priority to increase housing supply. Assessing the policies in the NPPF as a whole in accordance with the paragraph 14 test, the provision of housing on this greenfield site will outweigh any environmental harm arising from the development. The development proposed is therefore considered to be sustainable. Part 1 of the National Planning Policy Framework ‘Building a Strong and Competitive Economy’ states at paragraph 22:

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“Planning Policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of the site being used for that purpose.…Where there is no reasonable prospect of the site being used for the allocated employment use, applications for alternative uses of land and buildings should be treated on their merits having regard to market signals and the relative needs of different land uses to support sustainable local communities.” The opportunity for employment use to be delivered on the balance of the business and industry allocation and for the economic benefits that this would bring to be realised is enabled by the development of part of the site for housing. The applicant has stated that the residential element of the development is necessary to achieve this because it is necessary to in effect cross-subsidise development of the employment site. This is on the basis that the cost of site preparation and infrastructure works for the employment site make this aspect of the development unviable as a stand-alone proposal (this is explored further in the ‘Section 106 contributions & Viability’ section of this report). The applicant has stated that, “The residential development will be sold to the residential developer on the grant of planning consent. The sale proceeds will then be used to fund the site preparation, infrastructure and services for the employment site.” The ‘enabling’ nature of the residential development in bringing forward Business & Industry use for the balance of the site is considered to be a factor to which significant weight should be attached given the economic and employment benefits. Furthermore, the application site (either as a whole or in part) has the benefit of two separate planning permissions (the older of which has been renewed) within the last 5 years. The fact that the permissions have not been implemented suggests (although it is accepted that there could have been other factors involved) that there is a limited prospect of the whole site coming forward for employment use or for the Continuing Care Retirement Community development being delivered. A Marketing report by Knight Frank has been submitted in support of the application and this supports the argument that there is no realistic prospect of the Continuing Care Retirement Community being delivered. The residential element, therefore, represents a pragmatic and deliverable solution in terms of securing the Business & Industry on the balance of the site. A further factor in support of residential development on the eastern part of the site is the fact that it is compatible with neighbouring residential properties (both those on Leeds Road and Sunny Bank Road).

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Taking the above considerations into account, Officers’ consider that subject to a mechanism in the Section 106 to secure the phased implementation of development to ensure that the residential development can’t be brought forward without facilitating the delivery of the Business & Industry land, the principle of residential development on the site is considered acceptable and outweighs concerns over the departure from the adopted UDP. Buffer Zones (UDP Policy B3): With respect to the residential development and the eastern section of the application site, the entire eastern boundary is allocated as Buffer Zone. This also extends to part of the south eastern boundary (approx.115 metres) and a 130 metre stretch across the site frontage to Leeds Road. The width of the Buffer Zone varies from a maximum of 100 metres down to approximately 30 metres. The western half of the site (with the proposed Business & Industry development) also has a Buffer Zone and this runs in an L-shape, along the entire western boundary of the site and for a section of approximately 65 metres along the southern boundary. This has a width of approximately 30 metres. Policy B3 of the UDP states that: “…Proposals for development within allocated areas should ensure that identified buffer zones are kept free of industrial buildings and should provide for tree planting or other means of screening within the Buffer Zone …All proposals affecting buffer zones should have regard to visual amenity and wildlife Conservation.” The proposed residential development would extend into land identified as Buffer Zone to the eastern part of the site. Any proposed buildings within the Buffer Zone would be at variance with Policy B3 of the UDP and represent a departure. However the pre-amble to Policy B3 is relevant in regard to Buffer Zones and states that, “The intention of the buffer zone designation is to keep areas adjoining residential development and other sensitive land uses free of industrial buildings so that disturbance and visual impact are minimised.” The purpose of the Buffer Zone is clearly defined in the policy and the pre-amble as being for the protection of surrounding residential development (and other sensitive land uses free of industrial buildings) from noise disturbance and visual impact. The extant consent for the Continuing Care Retirement Community included close care apartments within the Buffer Zone and therefore the principle of development (of a residential nature) within it has been established. Notwithstanding this, the functions of the Buffer Zone in terms of protecting neighbouring dwellings in respect of noise and visual impact are achieved. The impact of the dwellings proposed is also fully assessed below in respect of visual and residential amenity.

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With respect to the proposed Business & Industry development to the western part of the site, this is applied for in outline form with only means of access to be considered. Layout forms one of the ‘Reserved Matters’ and is not a matter for consideration at this time. Notwithstanding this, the applicant has submitted an Indicative layout showing how this part of the site could be developed. This includes some development within the Buffer Zone and given that the total amount of floorspace proposed is upto 17,844m2, it is likely that some development within the Buffer Zone will be included at reserved Matters stage. Such development within the Buffer Zone, if proposed at Reserved Matters stage, would be contrary to Policy B3. The impact of the Business & Industry development, in terms of noise and visual amenity, will need to be fully assessed at Reserved Matters stage when the scale and position of the buildings are established, but even if a reduced Buffer Zone width is proposed then the function of the Buffer Zone in terms of noise mitigation and visual amenity could be adequately provided. For information, in the consideration of the David Brown gears application, some building within the Buffer Zone was considered acceptable (subject to conditions protecting residents in respect of noise and visual impact). Section 106 contributions/Viability: Following deferral at the last Strategic Committee, Officers have further considered the development in relation to viability. As noted in the update to Members from that committee, challenges have been received on the issue of viability and independent advice has been taken. Policy requirements: The table below details the policy requirements in relation to the development as a whole which would normally be secured through the Section 106 agreement: Provision/Contribution Policy Requirement Affordable Housing 30% of floorspace on the residential

site Education Contribution £725,752 Public Open Space (POS) £143,750 Kirklees Strategic Economic Zone (KSEZ)

£511,940

A62/Sunnybank Road junction improvements

£300,000* N.B. to be secured through Section 278 agreement

Travel Plan Monitoring fees (Framework Travel Plan & Residential Travel Plan)

£25,000

Stocks Bank Road junction (signals) improvements

£35,000

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Provision/Contribution Policy Requirement Highway safety (traffic management/calming) improvements at Roberttown

£35,000

Church Lane contribution (traffic management/calming)

£25,000

Leeds Road footway surfacing contribution (shared pedestrian/cycling lanes)

£35,000

Off site drainage works to/adjacent to Old Engine Close

£30,000

The necessary Highway works, as detailed above, total £455,000. These payments can be secured through the Section 106 agreement, except for the Sunny Bank Road improvements. As the exact cost of works to Sunny Bank Road is unknown, a Section 278 agreement will be needed to secure the works and they will be undertaken by the applicant. It is estimated by the Council’s Highway Engineers that these works will cost around £300,000. Therefore, for the purposes of viability considerations, that figure will be used. Viability position: The applicant has submitted a Viability Appraisal (VA) which demonstrates that the residential development can effectively cross-subsidise development of the employment site. This is on the basis that the costs involved in respect of the necessary earthworks, site preparation, in particular piled foundation works and provision of services can be met by the residential development. The VA has been subject to independent examination by consultants appointed on behalf of the Council. The appraisals demonstrate that there is insufficient value in the development as a whole to fully fund other requirements in relation to affordable housing, education, public open space and KSEZ contribution. Members will recall that the report before them for the November committee detailed that the expected Section 106 contributions total approximately £4.16 million, whilst the earthworks and site preparation works to deliver the employment land total approximately £3.09 million. The Applicant’s original offer to the Council was £500,000 towards all of the Section 106 costs. The applicant stated that the offer would be funded by the land owner rather than through the development given that the viability appraisal concluded that the development could not afford to deliver such a contribution. Following negotiations with Officers’ the offer was increased to £1 million.

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This figure would have enabled the necessary highway improvements to take place (as listed above) with a remaining contribution of approximately £545,000. The total £1 million figure also equated to the difference between the total Section 106 contributions required and the cost of delivering the earthworks and site preparation works (to provide serviced employment plots). In response to the aforementioned challenge on viability and in addition to the previous independent appraisal, Officers have undertaken sensitivity testing around the key variables in the applicant’s appraisal. This has demonstrated that the development could stand the necessary cross-subsidy to the employment land and provide a financial sum of £1.45 million for Section 106 contributions and Section 278 works. This is based upon a profit level across the site of 19.19% on valuation. This level of profit is considered to be a reasonable developer’s return and is within the generally accepted range, established by appeal decisions such as Shinfield. Based upon this position, Officers have undertaken further negotiations with the applicant who has increased the offer to £1.45 million. Whilst the development would not deliver the normally expected contributions in respect of Affordable Housing, KSEZ, Public Open Space or a full education contribution, it would enable the off-site Highway works to be secured ( at a cost of £450,000) with a balance of £1 million for Section 106 contributions.. This figure would also cover the £30,000 for off-site drainage works adjacent to Old Engine Close. It is intended that the allocation of the residual contribution be subject to consultation with the Council. In addition to the financial considerations as detailed above, there are other important material considerations to be taken into account. The NPPF sets out how viability should be considered and paragraph 173 states, “To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.” Industrial use of the site (or any form of development) has not been delivered to date, despite its allocation since 1999. This proposal offers a realistic prospect of industrial development being brought forward, by providing the necessary cross subsidy.

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This would be funded by permitting residential development on the balance of the site and this comes at a time when the Council is unable to demonstrate a 5 year supply of housing land. It is difficult to see any part of the site being delivered for industrial development without this kind of cross subsidy; as it has been clearly demonstrated that it wouldn’t otherwise provide the ‘competitive returns’ for a developer, that the NPPF guidance refers to. It is therefore the view of Officers’ that the revised offer from the applicant, as evidenced through Independent assessment, is a reasonable one and should therefore be accepted. Viability challenge: Prior to the application being reported to Strategic Committee in November, a number of points were raised by Mirfield Town Council (through their planning agent) in respect of viability. The main issues relate to the methodology that has been adopted in the viability appraisals undertaken. A point has been raised about whether housing (and the amount) is necessary to ‘enable’ the industrial development. MTC suggest that the residential aspect should be assessed separately to the industrial development, for the purposes of viability. Their comments also question the way that land values should be calculated and assessed. Advice from the District Valuer confirms that the methodology adopted, in terms of considering the commercial and residential phases as a single scheme, is appropriate in this instance and complies with market practice. In this case, the applicant is not seeking to justify the residential development purely as enabling development. As set out in the applicant’s supporting statement, the residential development cross-subsidises the industrial part of the site, however, as noted in the above assessment, there are a number of other material considerations to be taken into account when assessing the principle of residential development. It is suggested by MTC that in order to permit the residential development and depart from the adopted plan, the appraisal should ensure that the level of housing proposed is the minimum necessary. However Officers’ note that if housing is going to be brought forward, then the NPPF dictates that the land should be used efficiently. This is particularly pertinent in the context of the lack of a 5 year supply of housing land and furthermore, it is evident (as noted above) that the development cannot deliver all of the Section 106 policy contributions. Therefore, any reduction in the level of housing would certainly affect the viability position and inevitably further reduce the sum of £1.45 million that has been offered. As noted elsewhere in this report, the use of the eastern part of the site for non-industrial purposes has already been established, with an extant consent for the CCRC in place.

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Officers’ are therefore satisfied that the issue of viability has been comprehensively explored, with independent advice having been sought.

Delivery of the Business & Industrial Development:

The value realised from the residential development is sufficient to cross subsidise the delivery of the infrastructure works necessary to bring forward development of the balance of the employment land. The infrastructure works to be delivered are:

- Construction of accesses to serve the employment site - Earthworks to create a flat/level site - Undertake any necessary remediation - Provision of services to development plots

These works are to be undertaken before construction of the first dwelling on the residential part of the site commences and this can be secured by Section 106 agreement. Whilst this will not prevent dwellings being built on site without businesses actually operating on the employment land, it will significantly improve the prospects of delivery. The applicant has confirmed that they will undertake a marketing exercise for the employment site, to be secured through the Section 106 agreement. This will increase the likelihood of the industrial development being brought forward in a timely manner. It is also proposed to include a clause within the S106 requiring that if the above infrastructure works to the industrial part of the site are not completed within 12 months of the grant of planning permission then monies identified in the viability appraisal, to enable the employment development that have not been expended, would be paid to the Council and would be used towards meeting the other obligations that have been forgone as set out above. Conclusion (principle of development): The proposed residential development represents a departure from the adopted UDP in respect of Policy B2. The lack of a 5 year supply of deliverable housing sites, the absence of a likelihood of employment uses being delivered on the whole site and the extant consent for non-employment uses on part of the site weigh in favour of accepting the principle of residential development. The fact that the residential development would help facilitate development of the Business & Industry allocation with the opportunity for employment use to be delivered on the balance of the allocation and for the economic benefits that this would bring to be realised also weighs in favour of the development proposed.

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The proposed Business & Industry development (in respect of B1 and B2 Uses) on the balance of the site is in accordance with the adopted Plan, the B8 use is a departure. However, the necessity for B8 within most large mixed use developments, the fact that B8 uses in many cases offer a similar density of employment to other B uses and the imposition of a condition restricting the maximum amount of B8 within the development weighs in favour of the development proposed. On balance therefore, the principle of the development is considered acceptable subject to the imposition of conditions. Impact on Amenity: Visual amenity With respect to the proposed Business & Industry development, as layout and appearance (amongst others) are Reserved Matters, the impact of the development upon visual amenity will need to be further considered at reserved matters stage. Surrounding residential development (which is largely to the east/south east of the site) is mixed in character with some detached, semi-detached and terraced dwellings present. The proposed residential development reflects this mix of house types. Paragraph 58 of the NPPF states that planning policies and decisions should ensure developments, “respond to local character and history, and reflect the identity of local surroundings and materials” The proposed residential development provides a mix of house types of a design and appearance that reflects the general character of the wider area. The scale proposed is considered acceptable in the context of surrounding development, which is largely two storey or bungalows. The proposed 3 storey properties are more centrally located within the site, which is considered acceptable. Variation is provided within the layout which ensures that the proposal is not too linear, as this can often lack visual interest. The site layout also ensures a good degree of natural surveillance throughout the site, including to the areas of open space. With respect to design, the proposed house types are all considered acceptable in respect of fenestration and proportions. The proposed materials for the dwellings are not specified. Given that there are a variety of materials of construction for dwellings in this part of Mirfield and factoring in the number of dwellings proposed, it is considered that a mix of materials would be appropriate. It is therefore suggested that a condition be imposed which requires details of materials to be submitted before development commences.

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It is considered that the proposed development is acceptable in relation to visual amenity and the proposals accord with Policy D2 of the Kirklees UDP in this regard. Residential amenity With respect to the proposed Business & Industry development, the two extant consents for the site both included Business & Industry development within this part of the application site. These remain material considerations in respect of residential amenity. As layout and appearance (amongst others) are Reserved Matters, the impact of the development on residential amenity will need to be further considered at reserved matters stage. Other amenity matters such as noise are assessed below. In assessing the impact of the residential development on surrounding dwellings, Policy BE12 of the UDP is considered relevant. This normally requires 12 metres between existing habitable room windows and proposed non-habitable room windows and 21 metres between existing and proposed habitable room windows. The proposed development complies fully with the requirements of Policy BE12 in respect of separation distances between existing and proposed dwellings. There are no dwellings in close proximity to the (residential part) site to the north or south. To the west is a row of four terraced properties which front Leeds Road. The closest to the proposed development is No. 60a and this achieves a separation of approximately 23 metres. To the east are a number of detached and semi-detached dwellings (odd Nos 149 to 165 Sunny Bank Road). The closest of these dwellings is approximately 24 metres away from the closest proposed dwellings. It is therefore considered that the proposed development complies in respect of separation distances to existing properties. With respect to internal separation distances (i.e. between proposed new dwellings), it is acknowledged that a number of proposed dwellings within the layout do not meet the separation distances set out in Policy BE12. A number of dwellings (mainly to the western part of the residential development) achieve distances of around 15 metres between habitable room windows. The issue to consider is whether these separation distances would cause a level of harm in terms of impact on amenity which would be sufficient to warrant a reason for refusal. Any concerns in this respect need to balanced against the desirability of making efficient use of land in order to meet the housing need. Furthermore, the application of the separation distances in a rigid way is not usually conducive to securing variation in the street scene within the layout. Future occupiers would also be aware of the separation distances.

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Paragraph 59 of the NPPF also provides guidance on design which is of some relevance in this context, “…design policies should avoid unnecessary prescription or detail and should concentrate on guiding the overall scale, density, massing, height, landscape, layout, materials and access of new development in relation to neighbouring buildings and the local area more generally.” In these circumstances, it is not considered that the shortfall in some of the distances will have a materially adverse impact upon amenity and Officers’ therefore advise that this reason alone would not be sufficient grounds upon which to refuse the application, taking into account all other material considerations. With respect to residential amenity, the impact of the proposal in terms of overshadowing and overbearing impact need to be considered. Given the separation distances that are present to existing buildings, there are no concerns in this regard. Furthermore, although the development does contain a number of 2 and a half and 3 storey properties, none of these are located along the eastern boundary of the site and adjacent to existing dwellings on Sunny Bank Road. On balance, the proposed development is considered acceptable in relation to its impact on residential amenity and accords with UDP Policy D2. Noise/ Contamination-Remediation/ Air Quality: The Council’s Pollution & Noise team has been consulted on the application and has commented as follows: Residential development: With respect to contaminated land, there are no objections subject to the imposition of conditions requiring the submission of a Phase II Intrusive Site Investigation report and subsequent remediation and validation reports if necessary. Conditions to protect future occupants from road noise from Leeds Road are also suggested. These set out maximum noise levels achieved within the dwellings closest to Leeds Road. The applicant is also required to demonstrate that these dwellings can be ventilated without the need to open windows. Business & Industry development: With respect to contaminated land, there are no objections subject to the imposition of conditions requiring the submission of a Phase II Intrusive Site Investigation report and subsequent remediation and validation reports if necessary.

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In relation to noise, and to protect surrounding residents from this development, conditions are suggested which will permit noise emitted from the site exceeding specified levels. These noise levels will be measured on the Western, Eastern and Southern boundaries of the industrial site (which are the boundaries with residential properties beyond them). A condition is also requested in respect of requiring details of any audible warning devices to be used on site. Furthermore, in respect of noise and protection of residential amenity, the proposed site layout for the industrial development will need to be carefully considered at reserved matters stage. Pollution & Noise have also requested standard conditions to control lighting from both the construction phase and beyond occupation to protect residential amenity. In respect of Air Quality, an AQ report has been submitted with the application and this suggests that a Construction Environmental Plan will be implemented to deal with elevated levels of PM10 and Nitrogen Dioxide during construction. A requirement for this to be submitted before development commences can be conditioned. With regard to the operational effect of the development on Air Quality, the submitted Air Quality report predicts that both aspects of the development will have a negligible impact on Air Quality in the area. Pollution & Noise acknowledge that the development has the potential to impact on local air quality and therefore a number of conditions are suggested to mitigate impacts from the development. These include the submission of a further Air Quality Impact Assessment for the industrial development, before development commences. This will calculate any pollutant damage emissions costs from that part of the development and then determines measures to mitigate this impact. Further, the provision of electric charging points for ultra-low emission vehicles is also required. Summary: Subject to the imposition of conditions as described above, the development is considered acceptable in relation to noise, contaminated land and air quality and complies with the relevant policies in the UDP and the guidance in the National Planning Policy Framework. Highway considerations: Pre-application discussions have taken place between the applicant and Kirklees Highways Development Management. These discussions have guided the preparation of highway related documents submitted as follows as part of the planning application:

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• Transport Assessment dated 6th February 2014;

• Transport Assessment Addendum dated 8th September 2014;

• Framework Travel Plan dated 7th February 2014;

• Residential Travel Plan dated 7th February 2014. The application site was the subject of the Mirfield 25 planning application in 2008 (ref: 2008/90695) which received planning consent. The Mirfield 25 consent established a level of traffic generation that was considered acceptable at this location and identified the scale and nature of the mitigation measures required to accept the extra traffic. An application for a potential end user of the commercial element of the site was considered and approved in 2011 (ref: 2011/92428) but this was within the Mirfield 25 level of traffic generation established in 2008. A comparison of the 2008 Mirfield Moor scheme with the current application reveals that the generations are less with the current application as follows: Mirfield 25 Weekday AM and PM Peak Hour Vehicle Trips In Out Two-Way AM Peak Vehicles 251 79 330 PM Peak Vehicles 53 203 256 Current Application Weekday AM and PM Peak Hour Vehicle Trips In Out Two-Way AM Peak Vehicles 136 127 263 PM Peak Vehicles 105 136 241 However, while the 2008 application is a material consideration, the approach of Kirklees Highways Development Management in the assessment of this application has been to request the applicant to undertake a new Transport Assessment in line with the latest guidance contained in ‘Guidance on Transport Assessment’ – (DfT: 2007) with updated base network traffic counts and traffic generation estimates. The development proposal comprises the following:

• 17,200m2 of B2 light industrial / B8 storage and distribution; • 168 residential dwellings.

Access is proposed from three new priority junctions along the A62 Leeds Road. Traffic counts were undertaken by the applicant in June 2013 at the A62 Leeds Road / Sunny Bank Road junction and the A62 Leeds Road / Stocks Bank Road junction. The details of these counts are presented in appendices to the Transport Assessment and confirm the AM Peak hour as 07:30 – 08:30 and the PM Peak hour as 17:00 – 18:00. Existing queuing problems have

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been observed to occur on a regular basis at the Sunny Bank Road junction on the Leeds Road and the Child Lane approaches in the AM and PM Peak periods and at the Stocks Bank Road junction on the Stocks Bank Road approach in the AM and PM Peak periods. It is noted that base flows through these junctions are approximately 12% lower in the AM Peak and 5% lower in the PM Peak than those counted in 2006 and used in the Mirfield 25 assessment. Trip generation estimates for the proposed development have been produced from TRICS 85th percentile trip rates. On the basis that the employment part of the site will be split 50% B2 use and 50% B8 use, the following peak hour trip generation totals result: Weekday AM Peak Hour Vehicle Trips Vehicles In Out Two-Way Residential 41 84 125 B2 Light Industrial 50 30 80 B8 Storage and Distribution

45 13 58

TOTAL 136 127 263 Weekday PM Peak Hour Vehicle Trips Vehicles In Out Two-Way Residential 81 42 123 B2 Light Industrial 19 59 78 B8 Storage and Distribution

5 35 40

TOTAL 105 136 241 The assignment of development trips to the network is based on a combination of census travel to work data and a gravity model to give more emphasis to longer distance trips. This results in the following assignment of flows to individual approach routes to the site: Assignment of Development Trips to Approach Routes Approach Route %

Assignment Weekday AM

Peak (Two-Way) Weekday PM

Peak (Two-Way) A62 from Cooper Bridge 25% 65 60 A62 from Heckmondwike 26% 69 64 Stocks Bank Road 15% 40 36 Sunny Bank Road 33% 88 80 B6119 through Roberttown

1% 1 1

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A package of measures has been identified to mitigate the full impact of the current application which is largely consistent with the Mirfield 25 consent. The delivery of the schemes and/or payment of contributions are triggered by the first development to progress at the application site. It is therefore necessary for this application to deliver in full the following mitigation measures:

• Improvement of the A62 / Sunny Bank Road junction; • Contribution towards highway safety improvements in Roberttown -

£35,000; • Contribution towards highway safety improvements along Church Lane

- £25,000; • Enhancement of cycling and pedestrian facilities along the A62

between the site and Stocks Bank Lane - £35,000; • Provision of a Framework Travel Plan monitoring fee of £15,000 (5

years at £3,000 per annum) for the employment site; • Provision of a Residential Travel Plan monitoring fee of £10,000 (5

years at £2,000 per annum) for the residential site; This development has a direct impact on the Kirklees Strategic Employment Zone (KSEZ) and is required under Kirklees Planning Guidance to make a contribution to highway improvement schemes at the Cooper Bridge and Stocks Bank Road junctions. The developer has identified that 65 two-way development trips are assigned to the network at this point in the AM Peak hour. Applying the KSEZ contribution sum of £7,876 per trip, a contribution of £511,940 is calculated. Layout changes to the A62/Sunny Bank Road/Child Lane junction are proposed with the aim of 1) mitigating the impact of development, and 2) providing some benefit in operation over current performance. The proposed changes incorporate the following features:

o Bring the current right turn from A62 into Sunny Bank Road under unopposed signal control;

o Convert the existing right turn lane from A62 into Child Lane to ahead only;

o Convert the existing left turn and ahead lane to left only from A62 into Sunny Bank Road;

o Separately signal the ahead and left turn movements on A62 approach (from Leeds);

o Ban the right turn from A62 into Child Lane; o Ban the left turn out of Child Lane; o Improve pedestrian crossing facilities.

This junction improvement will be implemented through a Section278 Agreement.

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The proposed changes to the junction have a positive effect both on safety and on capacity. A comparison between 2013 (current layout and 2013 flows) and 2018 (revised layout with development flows) show the following modelled queue lengths (these are mean maximum queues which means they are an average over the hour. Individual queues could be longer or shorter on occasions):

A62 / Sunny Bank Road Junction

2013

Current Layout Current Flows

2018 With Development

Revised Layout Difference

Junction Arm

AM Peak Queue

AM Peak Queue

AM Peak Queue

A62 North - Left / Ahead

11 15 4

Sunny Bank Road - Left

n/a 2 2 Sunny Bank Road - Ahead / Right

62 40 -22

A62 South - Right turn to Sunny Bank Road

2 3 1

A62 South - Left / Ahead

27 37 10

Child Lane - Left / Ahead / Right 30 27 -3

2013

Current Layout Current Flows

2018 With Development

Revised Layout Difference

Junction Arm

PM Peak Queue

PM Peak Queue

PM Peak Queue

A62 North - Left / Ahead

64 56 -8

Sunny Bank Road - Left

n/a 1 1 Sunny Bank Road - Ahead / Right

23 23 0

A62 South - Right turn to Sunny Bank Road

4 14 10

A62 South - Left / Ahead

18 20 2

Child Lane - Left / Ahead / Right 47 19 -28

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Improvements to the A62/Stocks Bank Road are incorporated into the KSEZ improvement works and are therefore addressed by the contribution to the KSEZ. If a KSEZ contribution is not made, highways have identified a scheme comprising a full refurbishment of the signal heads and vehicle detectors and the connection of the junction to the cctv system so that congestion monitoring can be undertaken for a cost of £35,000. A comparison between 2013 (current layout and 2013 flows) and 2018 (current layout with development flows) show the following modelled queue lengths (these are mean maximum queues which means they are an average over the hour. Individual queues could be longer or shorter on occasions): A62 / Stocks Bank Road Junction

2013 Current Layout Current Flows

2018 Current

Layout With Development Difference

Junction Arm

AM Peak Queue

AM Peak Queue

AM Peak Queue

A62 North - Left /

Ahead

11 16 5

Stocks Bank Road

126 148 22

A62 South - Right turn to Stocks Bank Road

2 2 0

A62 South - Ahead

9 11 2

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Highway safety schemes are being pursued in Roberttown. The proposed development does have an impact on these routes and thus it is appropriate for it to make a contribution to emerging schemes to mitigate the impact of development. The development presents an opportunity to enhance cycling and pedestrian facilities along the A62 corridor in the vicinity of the site. A combined cycle / footway is proposed along the site frontage towards Huddersfield (in addition to the contribution identified above) and an on-road cycle lane will be provided towards Heckmondwike. A Framework Travel Plan for the employment site and a Travel Plan for the residential site have been presented as part of the planning application. These will be developed and implemented through a highways condition. They include a range of measures including membership of the West Yorkshire Travel Plan Network, personal journey planning, staff induction packs, bicycle user group, cycle parking and shower facilities, a car sharing database and an emergency lift home scheme. These measures aim to achieve a reduction in single occupancy car use. The travel plan will be monitored and reviewed on an annual basis. One priority junction for the residential site and two priority junctions for the employment site are proposed off A62 Leeds Road. These are designed in accordance with highway design standards and incorporate dedicated right turn lanes into the sites, centre hatching and traffic islands to enforce road space. The proposed access arrangements have been subject to capacity testing and are found to be acceptable. The proposed access arrangements have been subjected to a Stage 1 Safety Audit and are found to be acceptable.

2013 Current Layout Current Flows

2018 Current

Layout With Development Difference

Junction Arm

PM Peak Queue

PM Peak Queue

PM Peak Queue

A62 North - Left /

Ahead

21 28 7

Stocks Bank Road

20 31 11

A62 South - Right turn to Stocks Bank Road

6 6 0

A62 South - Ahead

7 7 0

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The internal layout for the residential element of the development has been reviewed in detail and an iterative process has resulted in a layout which is now acceptable to highways. Based on this analysis of the development proposal, its impact on transport networks and the proposed mitigation measures, the proposals are considered acceptable and the Highways Service has no wish to resist the granting of planning permission subject to conditions and agreements. Biodiversity: The applicant has submitted an ecological survey with the application. This has been assessed by the Council’s ecologist who has confirmed that it is comprehensive and has been carried out to a high standard. The ecological surveys carried out are to a high standard and comprehensive. Mitigation measures are also included in the submission. The survey found that the site is largely semi-improved neutral grassland with native species-poor hedgerows. Conditions requiring the development to be carried out in accordance with the requirements of the submitted Ecological report are considered necessary. These conditions also include the submission of a detailed landscape management plan and details of bat and bird roost/nest features within the site. Subject to the imposition of conditions as described, the development is considered acceptable in respect of ecology and accords with the guidance contained within the National Planning Policy Framework, the Wildlife & Countryside Act 1981 (as amended) Conservation of Habitats and the Species Regulations 2010. Trees: The Council’s Arboricultural officer has been consulted and has raised no objections in respect of the application for residential development. With respect to the Business & Industry proposal, there is a belt of Protected Trees at the junction of Taylor Hall Road and Leeds Road. As layout has not been applied for with this development, the impact on these Protected Trees will need to be considered at Reserved Matters stage. It is suggested that this can be covered through the imposition of a condition requiring the submission of an Arboricultural method statement with any subsequent Reserved Matters application. Subject to the imposition of conditions, the proposed development is considered acceptable in respect of Protected and mature Trees, in accordance with Policy NE9 of the Kirklees UDP.

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Flood Risk/ Drainage: The Environment Agency and Yorkshire Water have raised no objections to the application subject to standard conditions. The Council’s Strategic Drainage Officer has also commented on the application, these comments are summarised as follows: Existing Watercourse: An examination of the 2006 watercourse survey and our own recent investigations reveal the watercourse between the site and Old Engine Close is located approximately under the public right of way. Both surveys highlighted the need for renewal to reduce residual flood risk from the development and its interaction with the surrounding development. Kirklees Council as Land Drainage Authority has looked into the work required and this will total £30,000. The developer has confirmed their willingness to fund this. Flood Routing: Subject to the imposition of conditions in respect of flood routing, within the residential site, the development is considered acceptable in this respect. This issue will need to be examined at reserved Matters stage in respect of the industrial part of the site, when detailed layout proposals are brought forward. Surface Water Drainage Strategy: The site layout includes two dry basin areas, which would only fill up in the event of storm conditions. A condition is proposed which requires (amongst other requirements) full details of surface water details for the site, and this will include details of the basin areas. Responsibility for the maintenance of these areas can be included in the Section 106 agreement, with a management company set up if necessary. Drainage conclusion Subject to the imposition of conditions and the securing of a £30,000 sum (through the Section 106 agreement) for off-site works, the development is considered acceptable in respect of drainage. Affordable housing: In accordance with Policies H10 & H12 of the UDP and the guidance contained within SPD2, the provision of affordable housing is a material planning consideration. As this is a Greenfield site, the contribution would normally be 30% of the total floorspace of the (residential) development.

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Matters relating to Section 106 contributions have been covered in the above ‘Section 106 contributions/viability’ section of this report. Public Open Space: Policy H18 of the UDP requires the provision of POS on sites put forward for housing development which are over 0.4 hectares. The residential part of the site area is well in excess of this and therefore the requirements of Policy H18 apply. The residential proposal includes an area of open space, which extends to approximately 0.4 hectares. This is not formally classified as an area of Public Open Space because it is located underneath pylons and isn’t large enough for equipped provision of the scale required for a development of this size. However, it does provide some opportunities for informal recreation and exercise. A commuted sum (of £143,750) for off-site provision has been requested by the Council’s Landscape section. This would be spent at the destination parks of Fox Royd and Southway Island (both near Kitson Hill Road, Mirfield). If this sum were provided, the proposal would be in accordance with Policy H18 in respect of providing improvements to established public open space, which is readily accessible from the site (certainly in terms of proximity). Matters relating to Section 106 contributions have been covered in the above ‘Section 106 contributions/viability’ section of this report. Education: In line with the requirements of ‘Providing for Education Needs Generated by New Housing’ (KMC Policy Guidance), the proposed development may attract a contribution towards additional School Places it generates. In order to satisfy a shortfall in additional school places generated by the development (in respect of Old Bank J I & N School and Mirfield Free Grammar, a contribution of £725,752 is calculated. Matters relating to Section 106 contributions have been covered in the above ‘Section 106 contributions/viability’ section of this report. Archaeology: West Yorkshire Archaeology Advisory Service (WYAS) has commented on the application and noted that the assessment submitted by the applicant and their own records show that there are no known archaeological sites within the application site boundary. However, to the immediate south of the eastern part of the development, a Celtic stone head was found which may date to the late pre-historic or

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Romano British period and may indicate the presence of a contemporary site in the vicinity. On this basis, WYAS are requesting that the applicant submit an evaluation of the full archaeological implications of the proposed development before the application is determined. This request has been considered by the LPA and on the grounds that the site has an extant consent, it could be unreasonable for this information to be required at this stage. Notwithstanding this, the applicants are currently undertaking this work and it may be completed before a decision is reached on this application. In the meantime, a condition can be imposed requiring that this investigation work be carried out before any development commences. Objections: Insofar as representations received that have not been addressed in the above assessment these are answered as follows:

- Loss of green open space will be detrimental Response: Although it is acknowledge that the development will result in a loss of a green space, the principle of the development has been assessed in the above report and found to be acceptable.

- Proposal will create more pressure to find additional employment land in North Kirklees, thereby risking as-yet undeveloped Green Belt sites

Response: The application has been assessed on its planning merits and on the basis of the submitted information. The development of part of the site for non-employment purposes has also been assessed in the above report and found to be acceptable.

- Existing houses would look over houses rather than open fields Response: There is no right to a protection of private views in planning law, however the issue of the impact on visual amenity has been considered in the above assessment and will need further consideration at ‘Reserved Matters’ stage.

- Local schools are already oversubscribed Response: The application has been assessed in the context of the Council’s ‘Providing for educational needs generated by new housing’ Policy guidance document and has been considered in the above assessment.

- Health services are also stretched beyond capacity Response: The Local Planning Authority does not have control over this matter, which is controlled by the Local Health Authority.

- Mirfield train station cannot cope

Response: Noted.

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- Mirfield has “approx. 300” houses currently on the market so there is

no demand for further housing Response: The application has been assessed on its planning merits and on the basis of the submitted information. Furthermore, the Council is unable to demonstrate a 5 years supply of housing land.

- Significant disruption would be caused during the lengthy construction

phase Response: It is acknowledged that the development may lead to a period of disturbance and disruption during construction, but this is the same for any development.

- Health & safety concerns such as children climbing on scaffolding Response: This is a matter which is covered through Health & Safety legislation rather than controlled through the planning system.

- Proposals will affect property prices Response: This is not a material planning consideration and therefore can’t be taken into consideration.

- Existing empty buildings should be used - Council has wrong approach to developing ‘Green Belt’

Response: The site is not designated Green Belt on the Development Plan.

- Proposals will lead to future development around Cooper Bridge Response: The application has been assessed on its planning merits and on the basis of the submitted information – any future application would need to be assessed on the same basis.

- Possible land stability issues given mining heritage Response: The Coal Authority has been consulted on the application and raised no objection subject to further investigative works being carried out prior to development commencing.

- Development will set a precedent for other open fields to be built on Response: The application has been assessed on its planning merits and on the basis of the submitted information – any future application would need to be assessed on the same basis.

- No deciduous trees should be planted next to the Mirfield Free Grammar playing field as fallen leaves would be a Health & Safety Hazard

Response: This is not a material planning consideration and therefore can’t be taken into consideration.

- Site should be retained for recreation and open space benefit Response: The site is within private ownership, meaning it could be fenced off by the owners if they so wished. In addition, whilst it is accepted that it has a visual amenity value at present, the site is allocated for Business & Industry

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in the UDP. Furthermore, the site has an extant consent for Industrial development and a Continuing Care Retirement Community. Conclusion: The proposed residential development represents a departure from the adopted UDP in respect of Policy B2. The lack of a 5 year supply of deliverable housing sites, the absence of a likelihood of employment uses being delivered on the whole site and the extant consent for non-employment uses on this part of the site weigh in favour of accepting the residential development. The fact that the residential development would help facilitate development of the Business & Industry allocation with the opportunity for employment use to be delivered on the balance of the allocation and for the economic benefits that this would bring to be realised also weighs in favour of the development proposed. The proposed Business & Industry development (in respect of B1 and B2 Uses) on the balance of the site is in accordance with the adopted Plan, the B8 use is a departure. However, the necessity for B8 within most large mixed use developments, the fact that B8 uses in many cases offer a similar density of employment to other B uses and the imposition of a condition restricting the maximum amount of B8 within the development weighs in favour of the development proposed. The NPPF has introduced a presumption in favour of sustainable development. The policies set out in the NPPF taken as a whole constitute the Government’s view of what sustainable development means in practice. It is considered that the proposed development is in accordance with the principles of sustainable development. 9. RECOMMENDATION RECOMMENDATION: GRANT CONDITIONAL OUTLINE PLANNING PERMISSION (BUSINESS AND INDUSTRY DEVELOPMENT) AND FULL PLANNING PERMISISON (RESIDENTIAL DEVELOPMENT), SUBJECT TO DELEGATION OF AUTHORITY TO OFFICERS TO IMPOSE: i) ALL NECESSARY AND APPROPRIATE CONDITIONS, WHICH MAY INCLUDE THOSE SET OUT BELOW, ii) SUBJECT TO THE COUNCIL AND THE APPLICANT ENTERING INTO A SECTION 106 AGREEMENT TO SECURE THE HIGHWAY MITIGATION MEASURES SET OUT IN THIS REPORT, DELIVERY OF INFRASTRUCTURE WORKS TO THE EMPLOYMENT PART OF THE SITE (AS SET OUT IN THE REPORT), OFF-SITE DRAINAGE WORKS AND TO SECURE A COMMUTED SUM IN RESPECT OF OTHER POLICY REQUIREMENTS iii) AND TO ISSUE THE DECISION.

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Conditions: Residential development only: 1) The development shall be begun not later than the expiration of three years beginning with the date on which permission is granted.

2) The development hereby permitted shall be carried out in complete accordance with the approved plans and specifications except as may be required by other conditions.

3) No development shall take place until details and samples of all facing, roofing, hard landscaping and boundary materials have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be constructed using the approved materials and maintained as such. 4) Prior to development commencing, intrusive site investigation works should be undertaken, in accordance with the requirements of the submitted Coal Mining Risk Assessment. In the event that the site investigations confirm the need for remedial works to treat the areas of shallow mine workings, these works shall be fully completed prior to commencement of the development. 5) Before first occupation, the developer shall provide written evidence to the local planning authority to demonstrate that the following internal sound levels have been achieved in plots 1-4, 10-12, 13-17, 90-92, 112-120. 1 The 16hr LAeq shall not exceed 35dB between 0700 and 2300 hours

when readings are taken in any noise sensitive rooms in the development.

2 The 8hr LAeq shall not exceed 30dB between 2300 and 0700 hours

when readings are taken inside any bedroom in the development. 3. The LAF1 (15min) indoor shall not exceed 45 dB between 2300 and

0700hrs when readings are taken inside any bedroom in the development.

If it cannot be demonstrated that the aforementioned sound levels have been achieved, a further scheme incorporating further measures to achieve those sound levels shall be submitted for the written approval of the Local Planning Authority. All works comprised within those further measures shall be completed and written evidence to demonstrate that the aforementioned sound levels have been achieved shall be submitted to and approved in writing by the Local Planning Authority before the development is first brought into use.

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6) Before development commences, a ventilation scheme to show how habitable rooms to plots 1-4, 10-12, 13-17, 90-92,112-120 shall be ventilated without the need to open windows shall be submitted to and approved in writing by the Local Planning Authority. All works which form part of the approved scheme shall be completed prior to occupation of the aforementioned plots. 7) Before the development is first brought into use all barrier works which form part of the sound attenuation scheme as specified in the Noise Report dated February 2014 produced by WSP Ltd :-

I. shall be completed; and II. written evidence to demonstrate that the specified noise levels have

been achieved shall be submitted to and approved in writing by the local planning authority.

If it cannot be demonstrated that the noise levels specified in the aforementioned Noise Report have been achieved then a further scheme shall be submitted for the written approval of the Local Planning Authority incorporating further measures to achieve those noise levels. All works comprised within those further measures shall be completed and written evidence to demonstrate that the aforementioned noise levels have been achieved shall be submitted to and approved in writing by the Local Planning Authority before the development is first brought into use.

8) Before development commences a scheme shall be submitted to and approved in writing by the Local Planning Authority specifying the measures to be taken for the suppression of dust arising from operations permitted by this consent. The approved scheme shall be implemented before development commences and shall be operated throughout the life of the planning permission. 9) Where site remediation is recommended in the Phase II Intrusive Site Investigation Report, development shall not commence until a Remediation Strategy has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy shall include a timetable for the implementation and completion of the approved remediation measures.

10) Remediation of the site shall be carried out and completed in accordance with the Remediation Strategy approved pursuant to condition 9. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy or contamination not previously considered [in either the Preliminary Risk Assessment or the Phase II Intrusive Site Investigation Report] is identified or encountered on site, all works on site (save for site investigation works) shall cease immediately and the Local Planning Authority shall be notified in writing within 2 working days. Unless otherwise agreed in writing with the Local Planning Authority, works shall not recommence until proposed revisions to the Remediation Strategy have been submitted to and approved in writing by the Local Planning Authority. Remediation of the site shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

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11) Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the local planning authority. Unless otherwise agreed in writing with the Local Planning Authority, no part of the site shall be brought into use until such time as the remediation measures for the whole site have been completed in accordance with the approved Remediation Strategy or the approved revised Remediation Strategy and a Validation Report in respect of those remediation measures has been approved in writing by the Local Planning Authority. 12) The development shall be carried out in complete accordance with Sections 12.6 of the submitted Ecology and Nature Conservation Report. The features specified in this report shall be provided prior to occupation of the final dwelling on the site, and retained thereafter. 13) No development shall commence until a scheme to reduce the risk of flooding from surface water, has been submitted to, and approved in writing by, the Local Planning Authority. The attenuation system shall be designed so there is no flooding to properties on or off-site for rainfall events up to the 1 in 100 year return period. The scheme shall limit the surface water run-off generated by the site at the greenfield run-off rate so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site. This applies for up to and including 1 in 100 year plus Climate Change rainfall event. 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. 14) All downpipes carrying rain water from areas of roof shall be sealed at ground-level prior to the occupation of the development. The sealed construction shall thereafter be retained throughout the lifetime of the development. 15) Inspection manholes shall be provided on all foul and surface water drainage runs such that discharges from individual units can be inspected/sampled if necessary. All manhole covers shall be marked to enable easy recognition. Foul will be marked in red. Surface water will be marked in blue. Direction of flow will also denoted. Where more than one discharge point is proposed, manholes will also be numbered accordingly to correspond with their respective discharge point. 16) The site shall be developed with separate systems of drainage for foul and surface water on and off site.

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17) No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the Local Planning Authority before development commences. 18) No buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. 19) No works to commence the residential development hereby approved shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological recording. This recording must be carried out by an appropriately qualified and experienced archaeological consultant or organisation, in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. 20) Before development commences, a landscape management plan shall be submitted to the Local Planning Authority detailing retention of existing features and ecological connectivity and compensation measures for any lost features. The approved scheme shall be implemented prior to first occupation of the final dwelling. 21) The development shall not be brought into use until a Full Travel Plan for the site (or part of the site), produced in accordance with the Framework Travel Plan dated 07/02/2014, has been submitted to and approved in writing by the Local Planning Authority. The Full Travel Plan shall include:

• Measures, objectives and targets for reduced car usage and increased non-car transport usage, including modal split targets;

• The provision of Travel Plan Co-ordinator including roles, responsibilities and annual monitoring;

• The provision of travel Information; • Implementation and review timescale; and Enforcement, sanctions and

corrective/review mechanisms. The measures contained within the Travel Plan shall be implemented in accordance with the approved timescale, except where the monitoring evidence demonstrates that a revised timescale/measures to achieve trip targets are necessary, in which case the revised details would be implemented. 22) Development shall not commence until a scheme detailing access provision to and from the site for construction traffic, including what arrangements will be made for restricting such vehicles to approved points of access and egress, has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall then be operated throughout the period of construction work.

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23) Development shall not commence until a scheme detailing provision for on site parking for construction workers for the duration of the construction period has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be then be implemented throughout the construction period. 24) Within 3 months of the date of this permission a scheme detailing the following off-site works, including the relevant Stage 1, 2 or/and 3 Road Safety Audits (ref: CIHT guidelines on Road Safety Audit (2008)) has been submitted to and approved in writing by the Local Planning Authority:

• A62 / Sunny Bank Road Junction as set out on WSP drawing number 0467-S278-TS-005 Rev E.

• Three priority junctions to provide site access off the A62 as shown on

WSP drawing number 1004/GA/01 Rev A. The development shall not be brought into use until the all the works under the approved scheme have been carried out complete accordance with the approved scheme. These works shall thereafter be retained for the lifetime of the development. 25) No development shall commence until the scheme of details of finished floor levels of each dwelling, together with corresponding finished ground levels and of surface and land drainage associated with any works, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the details so approved and no dwelling shall be occupied until the works relating to that property have been completed. These shall be so retained for the lifetime of the development, unless otherwise approved in writing by the Local Planning Authority. 26) Development shall not commence until a scheme detailing the piping of ordinary watercourses and Leeds Road Highway Drain within the site, has been submitted to and approved in writing by the Local Planning Authority. There shall be no buildings are structures located within 3 metres of ordinary watercourses and the highway drain serving Leeds Road. The scheme shall include a plan to protect the works throughout the construction phase and detailed maintenance and management regime for the piped watercourse and works for the lifetime of the development. These works should be completed in accordance with an approved phasing plan. No part of the development shall be brought into use until the watercourse piping works comprising the approved scheme have been completed. The maintenance and management regimes shall be implemented for the lifetime of the development.

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27) The development shall not commence until an assessment of the effects of 1 in 100 year storm events, with an additional allowance for climate change, exceedance events and blockage scenarios on drainage infrastructure and surface water run-off pre and post development between the development and the surrounding area, in both directions, has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be brought into use (dwellings shall not be occupied) until the works comprising the approved scheme have been completed and such approved scheme shall be retained thereafter throughout the lifetime of the development. 28) Development shall not commence until a scheme detailing foul, surface water and land drainage, (including a scheme to integrate off and on site works, outfalls, balancing works, plans and longitudinal sections, hydraulic calculations, phasing of drainage provision, existing drainage to be maintained/diverted/abandoned) has been submitted to and approved in writing by the Local Planning Authority. Discharge rates shall be limited to the specific outfalls noted in a Flood Risk Assessment by WSP revision dated 11th September 2014. There shall be no pumped discharge of surface water from this site. Attenuation should accommodate the 1 in 100 year critical storm event with an appropriate allowance for climate change. None of the dwellings/buildlings shall be occupied until such approved drainage scheme(s) has been provided on the site to serve the development or each agreed phasing of the development to which the dwellings relate and thereafter retained throughout the lifetime of the development. 29) Development shall not commence until a scheme, detailing temporary surface water drainage for the construction phase (after soil and vegetation strip) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail: - phasing of the development and phasing of temporary drainage provision. - include methods of preventing silt, debris and contaminants entering existing drainage systems and watercourses and how flooding of adjacent land is prevented. The temporary works shall be implemented in accordance with the approved scheme and phasing. No phase of the development shall be commenced until the temporary works approved for that phase have been completed. The approved temporary drainage scheme shall be retained until the approved permanent surface water drainage system is in place and functioning in accordance with written notification to the Local Planning Authority. 30) Before development commences the applicant must submit a plan detailing facilities to be provided for charging plug in and other ultra-low emission vehicles. This plan must be agreed in writing by the Local Planning Authority before development commences and the plan implemented before first occupation of any premises on the development

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Industrial development only: 1) Approval of the details of the appearance of the site, layout, scale and landscaping (hereinafter called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced. 2) Plans and particulars of the reserved matters referred to in Condition 1 above, relating to the appearance, layout, scale and landscaping of the site shall be submitted in writing to the Local Planning Authority and shall be carried out in full accordance with the approved plans. 3) In the event of the submission of reserved matters being phased then submission shall be phased in accordance with a phasing plan to be approved by the Local Planning Authority. Application for approval of the first set of reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. Application for approval of subsequent reserved matters shall be made to the Local Planning Authority before the expiration of five years from the date of this permission. 4) The development hereby permitted shall be begun either before the expiration of two years from the final approval of reserved matters or, in the case of approval on different dates, before the expiration of two years from the date of the final approval of the last such matter to be approved. 5) Prior to development commencing, intrusive site investigation works should be undertaken, in accordance with the requirements of the submitted Coal Mining Risk Assessment. In the event that the site investigations confirm the need for remedial works to treat the areas of shallow mine workings, these works shall be fully completed prior to commencement of the development. 6) The development shall not be brought into use until a scheme detailing the boundary treatment of the site has been submitted to and approved in writing by the Local Planning Authority. The development shall not be brought into use until the works comprising the approved scheme have been completed. The works comprising the scheme shall thereafter be retained. 7) Where site remediation is recommended in the Phase II Intrusive Site Investigation Report approved pursuant to condition 7, development shall not commence until a Remediation Strategy has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy shall include a timetable for the implementation and completion of the approved remediation measures. 8) Remediation of the site shall be carried out and completed in accordance with the Remediation Strategy approved pursuant to condition 8. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy or contamination not previously considered [in either the Preliminary Risk Assessment or the Phase II Intrusive Site Investigation

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Report] is identified or encountered on site, all works on site (save for site investigation works) shall cease immediately and the Local Planning Authority shall be notified in writing within 2 working days. Unless otherwise agreed in writing with the Local Planning Authority, works shall not recommence until proposed revisions to the Remediation Strategy have been submitted to and approved in writing by the Local Planning Authority. Remediation of the site shall thereafter be carried out in accordance with the approved revised Remediation Strategy. 9) Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. Unless otherwise agreed in writing with the local planning authority, no part of the site shall be brought into use until such time as the remediation measures for the whole site have been completed in accordance with the approved Remediation Strategy or the approved revised Remediation Strategy and a Validation Report in respect of those remediation measures has been approved in writing by the Local Planning Authority. 10) Noise emitted from the site, as measured on the Western, Eastern and Southern boundaries of the site, shall not exceed: 30 dB LAeq (1 hour) from 1900 hours to 2300 hours and 30 dB LAeq (5min) from 2300 hours to 0700 hours on any day, 11) Prior to the commencement of development, details of any audible warning devices to be used on vehicles based at the site shall be submitted to and approved in writing by the Local Planning Authority. 12) The use hereby permitted shall not begin until details of the installation and/or erection of any extract ventilation system, including details of the methods of treatments of emissions and filters to remove odours have been submitted and approved in writing by the Local Planning Authority and the works specified in the approved scheme have been installed. Such works shall thereafter be retained, operated at all times when the businesses are in use and maintained in accordance with the manufacturers instructions. 13) Before development commences a scheme which indicates the measures to be taken for the control of any glare or stray light arising from the operation of artificial lighting shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the artificial lighting shall be operated in accordance with the approved scheme. The scheme should include the following information:- 1) The proposed design level of maintained average horizontal

illuminance for the site. 2) The predicted vertical illuminance that will be caused by lighting when

measured at windows of any properties in the vicinity. 3) The proposals to minimise or eliminate glare from the use of the

lighting installation 4) The proposed hours of operation of the lighting

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14) Prior to development commencing a Construction Environmental Management Plan shall be submitted to and agreed in writing with the Local Planning Authority. The plan shall include, as a minimum, the recommendations in sections 9.6.13 to 9.6.15 of the Environmental Statement submitted as part of the application. The agreed plan shall be adhered to throughout the construction of the development. 15) Prior to the development commencing a further Air Quality Impact Assessment should be submitted to and agreed with the Local Planning Authority. The Assessment must calculate the pollutant damage emissions costs from the development and use this figure to determine measures to mitigate against this impact. The mitigation must be agreed by the Local Planning Authority and all works carried out prior to occupation of the development 16) Before development commences the applicant must submit a plan detailing facilities to be provided for charging plug in and other ultra-low emission vehicles. This plan must be agreed in writing by the Local Planning Authority before development commences and the plan implemented before first occupation of any premises on the development. 17) Prior to development commencing within 30 metres of the Protected Trees on site (at the junction of Taylor Hall Road and Leeds Road), an Arboricultural method statement, in accordance with British BS 5837, shall be submitted and approved in writing by the Local Planning Authority before development commences. The method statement shall include details on how the construction work will be undertaken with minimal damage to the adjacent protected trees and their roots and the type of surfacing. Thereafter, the development shall be carried out in complete accordance with the Arboricultural Method Statement. 18) The development shall be carried out in complete accordance with Sections 12.6 of the submitted Ecology and Nature Conservation Report. The features specified in this report shall be provided prior to occupation of the final unit on the site, and retained for the lifetime of the development. 19) No development approved by this planning permission shall take place until such time as a scheme to reduce the risk of flooding from surface water, has been submitted to, and approved in writing by, the Drainage Department at Kirklees Council. The attenuation system needs to be designed so there is no flooding to properties on or off-site for rainfall events up to the 1 in 100 year return period. The scheme shall limit the surface water run-off generated by the site at the Greenfield run-off rate so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site. This applies for up to and including 1 in 100 year plus Climate Change rainfall event. 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.

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20) Surface water draining from areas of hardstanding shall be passed through an oil interceptor or series of oil interceptors, prior to being discharged into any watercourse, soakaway or surface water sewer. The interceptor(s) shall be designed and constructed to have a capacity compatible with the area being drained, shall be installed prior to the occupation of the development and shall thereafter be retained and maintained throughout the lifetime of the development. Clean roof water shall not pass through the interceptor(s). Vehicle washdowns and detergents shall not be passed through the interceptor. 21) All downpipes carrying rain water from areas of roof shall be sealed at ground-level prior to the occupation of the development. The sealed construction shall thereafter be retained throughout the lifetime of the development. 22) Inspection manholes shall be provided on all foul and surface water drainage runs such that discharges from individual units can be inspected/sampled if necessary. All manhole covers shall be marked to enable easy recognition. Foul will be marked in red. Surface water will be marked in blue. Direction of flow will also denoted. Where more than one discharge point is proposed, manholes will also be numbered accordingly to correspond with their respective discharge point. 23) The site shall be developed with separate systems of drainage for foul and surface water on and off site. 24) No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the local planning authority before development commences. 25) No buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. 26) Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge. Roof drainage should not be passed through any interceptor. 27) Before development commences, a landscape management plan shall be submitted to the Local Planning Authority detailing retention of existing features and ecological connectivity and compensation measures for any lost features. The approved scheme shall be implemented prior to first occupation of the final dwelling.

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28) No part of the development shall be brought into use until a Full Travel Plan for the site (or part of the site), produced in accordance with the Framework Travel Plan dated 07/02/2014, has been submitted to and approved in writing by the Local Planning Authority. The Full Travel Plan shall include:

• Measures, objectives and targets for reduced car usage and increased non-car transport usage, including modal split targets;

• The provision of Travel Plan Co-ordinator including roles, responsibilities and annual monitoring;

• The provision of travel Information; • Implementation and review timescale; and • Enforcement, sanctions and corrective/review mechanisms.

The measures contained within the Travel Plan shall be implemented in accordance with the approved timescale, except where the monitoring evidence demonstrates that a revised timescale/measures to achieve trip targets are necessary, in which case the revised details would be implemented. 29) Development shall not commence until a scheme detailing access provision to and from the site for construction traffic, including what arrangements will be made for restricting such vehicles to approved points of access and egress, has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall then be operated throughout the period of construction work. 30) Development shall not commence until a scheme detailing provision for on site parking for construction workers for the duration of the construction period has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be then be implemented throughout the construction period. 31) Within 3 months of the date of this permission a scheme detailing the following off-site works, including the relevant Stage 1, 2 or/and 3 Road Safety Audits (ref: CIHT guidelines on Road Safety Audit (2008)) has been submitted to and approved in writing by the Local Planning Authority:

• A62 / Sunny Bank Road Junction as set out on WSP drawing number 0467-S278-TS-005 Rev E.

• Three priority junctions to provide site access off the A62 as shown on

WSP drawing number 1004/GA/01 Rev A. The development shall not be brought into use until the all the works under the approved scheme have been carried out complete accordance with the approved scheme. These works shall thereafter be retained for the lifetime of the development.

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32) The amount of B8 Storage or distribution floorspace hereby approved, as defined in the Schedule of the Town and Country Planning (Use Classes) Order 1987 (as amended) or in any provision equivalent to that Class in any Statutory Instrument revoking or re-enacting that Order, shall not exceed 50% of the total floorspace provided by the development. 33) The development shall not commence until an assessment of the effects of 1 in 100 year storm events, with an additional allowance for climate change, exceedance events and blockage scenarios on drainage infrastructure and surface water run-off pre and post development between the development and the surrounding area, in both directions, has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be brought into use (dwellings shall not be occupied) until the works comprising the approved scheme have been completed and such approved scheme shall be retained thereafter throughout the lifetime of the development. 34) Development shall not commence until a scheme, detailing the treatment of all surface water flows from parking areas and hardstandings for commercial/industrial development through an oil interceptor, (or a full petrol oil interceptor) reedbed or alternative treatment system, has been submitted to and approved in writing by the Local Planning Authority. Use of the parking areas/hardstandings shall not commence until the works comprising the approved treatment scheme have been completed. Treatment shall take place prior to discharge from the treatment scheme. The treatment scheme shall be retained, maintained to ensure efficient working and used throughout the lifetime of the development. Roof water shall not pass through the interceptor. 35) Development shall not commence until a scheme detailing foul, surface water and land drainage, (including off site works, outfalls, balancing works, plans and longitudinal sections, hydraulic calculations, phasing of drainage provision, existing drainage to be maintained/diverted/abandoned) has been submitted to and approved in writing by the Local Planning Authority. Discharge rates shall be limited to the specific outfalls noted in a Flood Risk Assessment by WSP revision dated 11th September 2014. There shall be no pumped discharge of surface water from this site. Attenuation should accommodate the 1 in 100 year critical storm event with an appropriate allowance for climate change. None of the dwellings/buildlings shall be occupied until such approved drainage scheme(s) has been provided on the site to serve the development or each agreed phasing of the development to which the dwellings relate and thereafter retained throughout the lifetime of the development.

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36) Development shall not commence until a scheme, detailing temporary surface water drainage for the construction phase (after soil and vegetation strip) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail: - phasing of the development and phasing of temporary drainage provision. - include methods of preventing silt, debris and contaminants entering existing drainage systems and watercourses and how flooding of adjacent land is prevented. The temporary works shall be implemented in accordance with the approved scheme and phasing. No phase of the development shall be commenced until the temporary works approved for that phase have been completed. The approved temporary drainage scheme shall be retained until the approved permanent surface water drainage system is in place and functioning in accordance with written notification to the Local Planning Authority. FOOTNOTES: NOTE: All contamination reports shall be prepared in accordance with CLR11, PPS23 and the Council’s Advice for Development documents or any subsequent revisions of those documents. NOTE: In relation to Condition 11 of the Industrial permisison, consideration should be given to the use of white noise reversing alarms on permanent site vehicles (principally site fork lift truck), which give a full spectrum of noise rather than a single tone, and are understood to be as effective as single tone alarms at close range, whilst at a distance blend into the ambient noise climate. NOTE: To minimise noise disturbance at nearby premises it is generally recommended that activities relating to the erection, construction, alteration, repair or maintenance of buildings, structures or roads shall not take place outside the hours of: 07.30 and 18.30 hours Mondays to Fridays 08.00 and 13.00hours , Saturdays With no working Sundays or Public Holidays In some cases, different site specific hours of operation may be appropriate. Under the Control of Pollution Act 1974, Section 60 Kirklees Environment and Transportation Services can control noise from construction sites by serving a notice. This notice can specify the hours during which work may be carried out.

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NOTE: Surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management (SUDS). SUDS are an approach to managing surface water run-off which seeks to mimic natural drainage systems and retain water on or near the site as opposed to traditional drainage approaches which involve piping water off site as quickly as possible. SUDS involve a range of techniques including soakaways, infiltration trenches, permeable pavements, grassed swales, green roofs, ponds and wetlands. SUDS offer significant advantages over conventional piped drainage systems in reducing flood risk by attenuating the rate and quantity of surface water run-off from a site, promoting groundwater recharge absorbing diffuse pollutants and improving water quality. Ponds, reedbeds and seasonally flooded grasslands can be particularly attractive features within public open. The variety of SUDS techniques available means that virtually any development should be able to include a scheme based around these principles and provides multiple benefits, reducing costs and maintenance needs. NOTE: Environment Agency advice: For further information and advice about pollution prevention please refer to the Environment Agency's website to access Pollution Prevention Guidance Notes (http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx) and advice on how to get your site design right (http://www.environment-agency.gov.uk/static/documents/Business/pp_pays_booklet_e_1212832.pdf). You may also wish to contact our National Customer Contact Centre on tel. 08708 506 506 for site-specific advice on pollution prevention. We recommend that developers should: 1) Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination. 2) Refer to the Environment Agency Guiding Principles for Land Contamination for the type of information that we require in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, such as human health. 3) Refer to our guiding principles on groundwater protection are set out in our document GP3 - Groundwater Protection Policy and Practice, which is intended to be used by anyone interested in groundwater and particularly those proposing an activity which may impact groundwater. GP3 is available on our website at: http://www.environment-agency.gov.uk/research/library/publications/40741.aspx 4) Refer to our website at www.environment-agency.gov.uk for more information.

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Foul Drainage: A mains connection has been proposed for foul drainage disposal. You are strongly advised to satisfy yourself, prior to determination, that there is capacity in both the receiving sewer and sewage treatment works to accommodate the discharge proposed. Please contact the sewerage undertaker, Yorkshire Water, to attain this information. If capacity is not available, an alternative means of foul drainage disposal may need to be explored or improvement works to resolve the capacity issue secured as part of the planning permission. If a non-mains solution is to be considered we should be re-consulted, prior to determination, and given the opportunity to comment further. This recommendation is based on the following plan(s):- Plan Type Reference Version Date Received Location plan 4/3/14 Indicative industrial layout plan

112 rev E 8/9/14

Proposed floor plans P11-4464-32 – PD49

5/3/14

Proposed floor plans P11-4464-34 PD49 5/3/14 Proposed floor plans P11-4464-36 PA48 5/3/14 Proposed floor plans P11-4464-38 PA48 5/3/14 Proposed floor plans P11-4464-50 –

PT310 5/3/14

Proposed floor plans P11-4464-40 PD411

5/3/14

Proposed floor plans P11-4464-52 – PT310

5/3/14

Proposed floor plans P11-4464-48 – PA25

5/3/14

Proposed floor plans P11-4464-46 – PB51

5/3/14

Proposed floor plans P11-4464-44 – PB51

5/3/14

Proposed floor plans P11-4464-42 – PD411

5/3/14

Proposed floor plans P11-4464-30 – PE41

5/3/14

Proposed floor plans P11-4464-24 – PD410

5/3/14

Proposed floor plans P11-4464-28 – PD48

5/3/14

Proposed floor plans P11-4464-26 – PD48

5/3/14

Proposed floor plans P11-4464-16 – PA34

5/3/14

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Plan Type Reference Version Date Received Proposed floor plans P11-4464-22 –

PD410 5/3/14

Proposed floor plans P11-4464-18 – PB35

5/3/14

Proposed metal railings P11-4464-09 5/3/14 Proposed knee rail P11-4464-08 5/3/14 Proposed timber fence boundary treatment

P11-4464-07 5/3/14

1800mm timber fence P11-4464-06 5/3/14 Garage details P11-4464-04 5/3/14 Garage details 2/2 P11-4464-03 5/3/14 Streetscenes P11-4464-11 rev A 5/3/14 Proposed landscaping layout (residential)

P11-4464-100 rev D

8/9/14

Indicative landscaping layout (industrial)

P11-4464-101 rev. B

8/9/14

Site sections P11-4464-12 rev A 5/3/14 Environmental Impact Assessment

February 2014 6/3/14

Design & Access statement

February 2014 5/3/14

Planning Policy Statement

February 2014 5/3/14

Statement of Community Involvement

February 2014 6/3/14

Transport Assessment 7/3/14 Travel plan – residential 6/3/14 Travel Plan – framework

6/3/14

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Application No: 2013/91204

Type of application: 62 - FULL APPLICATION

Proposal: Use of land as camping centre with erection of 18 camping pods and amenity block, and formation of car park area

Location: Bank House Farm, Broad Carr Lane, New Mill, Holmfirth, HD9 7HU Grid Ref: 417358.0 407157.0

Ward: Holme Valley South Ward

Applicant: S Hinchcliffe, c/o agent

Agent: Sarah Dufton, Acumen Designers & Architects Ltd

Target Date: 12-Dec-2014

Recommendation: FC - CONDITIONAL FULL PERMISSION

----------------------------------------------------------------------------------------- LOCATION PLAN

Map not to scale – for identification purposes only

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1. SUMMARY OF APPLICATION The application seeks permission for the use of a field at Bank House Farm, Jackson Bridge as a camping facility. The site is located within Green Belt, the application proposes the erection of eighteen permanent camping pods, an amenity block, the formation of a grasscrete car park and two 1800mm wide walkways. The use of land as a camping centre is an appropriate use within the Green Belt and the applicant does not have to demonstrate ‘very special circumstances’. It is considered the provision of an amenity block, associated parking and walkways equates to ‘essential’ facilities to support the recreational use and accord with policy D10 of the Unitary Development Plan. The eighteen permanent pods are considered to be appropriate within the Green Belt. There would be no detrimental impact on highway safety subject to the provision of passing places along Meal Hill Lane. It is considered there would be no detrimental impact on residential amenity or biodiversity. Drainage issues and crime prevention matters have been addressed. RECOMMENDATION: CONDITIONAL FULL PERMISSION 2. INFORMATION The application is brought to strategic committee as the site area exceeds 0.5ha. Councillor Nigel Patrick has also requested that the application be referred to committee for the following planning reasons. “I have not made my mind up about this application yet. The applicant contacted me to ask for it to go to committee. I now understand it was going to committee anyway. I recognise there is a shortage of campsites in the Holme Valley and that is something that we have known for some time. We have a UDP that isn’t very helpful and a draft LDF which doesn’t redress the situation. We need better planning policies so we can better control where campsites can be situated. The National Parks are sensitive areas and are peppered with campsites, yet those campsites don’t spoil the landscapes. It is important that our campsites don’t spoil the very scenery people come to see and enjoy. I wonder if this site is too obvious in the landscape setting? I have looked at the consultation responses and it would appear that Highways are happy provided passing places are created, the access is widened, and other associated works that can be conditioned. Environmental Services have concerns about contaminated land, but it looks like these can be overcome with conditions too. The Coal Authority have rightly identified the mine shafts and mine workings which not only pose a potential safety issue, but also mean rafting will be required underneath structures. The Environment Agency has failed to recognise the potential for foul water entering watercourses and that is something I have brought to their attention. I have concerns about the applicants intention to discharge foul water into the

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ground and or into an existing pond, given that the mine voids fill with water which finds its way very quickly into the watercourses emptying into Hepworth and New Mill Dikes. That in itself could be overcome by holding all foul water in tanks and taking it off site. So it would appear that most things can be overcome by condition. However, what is the impact going to be on the landscape? How obvious is this site going to be within the landscape setting? Will it be obvious enough to damage the setting? I think the Committee should undertake a site visit so they can assess this for themselves. I would suggest that in addition to visiting the site itself the committee members are shown long views from above the site from Tenter Hill and Scar Hole Lane”. A significant amount of representation from the local community has also been received. 3. PROPOSAL/SITE DESCRIPTION The application site is a green field at Jackson Bridge in the ownership of Bank House Farm. Due to the topography of the area the field occupies a significantly lower land level than the host property and appears detached from it. The site is accessed via Mill Heal Lane; a single width lane with no passing places. There are watercourses flowing through the site. Along the southern boundary of the site is the definitive line of Public Footpath Hol/136/40 and a number of mature trees protected by a tree preservation order. The woodland to the north (Coal Pit Wood) is also protected by a tree preservation order. The site is located within Green Belt on the Unitary Development Plan Proposals Map. The application seeks permission for the use of the site as a camping facility with the erection of eighteen permanent camping pods, an amenity block, the formation of a car park area and two 1800mm wide walkways. It is proposed to install nine family sized pods (4.7m x 2.8m) and nine standard pods (3.9m x 2.6m) at random intervals within the site. The pods would sit upon a base of resin coated plywood. The pods are constructed of galvanised steel with waterproof tiles to the side elevations and treated timber to the front and rear elevations. The design incorporates double glazed lockable French doors to the front and a rear window for ventilation. In the western half of the site it is proposed to provide an area for tents to be pitched. The proposed shower and toilet block would be located to the west of the pods and would have a footprint of 8.7 metres by 7 metres and be constructed of vertical boarded timber. To the north-west it is proposed to install a bio disc treatment plant. A car parking area is proposed to the south of the site with a total of 36 spaces and would be surfaced in grasscrete. A bin store would be located adjacent to the parking area with a footprint of 5.3 metres by 5.3 metres. To access the pods it is proposed to construct an 1800mm wide footpath from the car park to the rear of the site, together with a path to the amenity block.

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4. BACKGROUND AND HISTORY 2004/93954 – Outline application for erection of holiday chalet – Refused. Appeal Dismissed 2012/91228 – Erection of 27 camping pods and amenity block and formation of car park area – Withdrawn 5. PLANNING POLICY The site is unallocated on the Unitary Development Plan Proposals Map Kirklees Unitary Development Plan: D10 – Green Belt (outdoor sport and recreation) T10 – Highway Safety BE1 – Design principles EP4 – Noise sensitive development BE23 – Crime prevention. R13 – PROW EP11 – Ecological landscaping National Planning Policy Framework. NPPF Supporting a prosperous rural economy NPPF Requiring Good Design NPPF Promoting Healthy Communities NPPF Protecting Green Belt Land NPPF Meeting the challenge of climate change, flooding and costal change NPPF Conserving and Enhancing the Natural Environment Circular 06/2005 – Biodiversity and Geological Conservation Circular 03/99 non mains drainage 6. CONSULTATIONS Regeneration Economic Development – Support the scheme as The Valleys have a poor supply of camping and caravanning opportunities. K.C Highway Services – No objections K.C Environmental Services – No objections K.C Environment Unit – No objections The Coal Authority – No objections. Environment Agency –No objections K.C Arboricultural Officer – No objections K.C Strategic Drainage – No objections

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Crime Prevention – No objections Public Rights of Way – No objections 7. REPRESENTATIONS The plans and amended plans have been advertised by neighbour letter and site notice with the final date for publicity expiring 07.11.14. 47 representations have been received including 45 objections and 2 letters of support. 2 Letters of Support:

• The applicant is attempting to diversify and has achieved a balance between developing the site and reducing the impact upon residents.

• Business which brings tourism should be supported. Local attractions such as the Holmfirth Winery and Picturedrome will benefit, as will public houses and restaurants. The area is struggling since the demise of 'Last of the Summer Wine'.

• The site has historically been used as a Guide /Scout camp and has an existing building. Camping pods are less intrusive than tents and have better sound insulation.

• There are few good campsites in Kirklees and non with camping pods. Camping is an increasingly popular holiday choice.

45 Objections Main concerns raised: Highway Safety Concerns

• Access is severely restricted, with two way traffic impossible. Meal Hill Lane is an adopted highway and the only means of access. Widening the access by converting grass verges is unlikely to be economically viable. Access from "Larks House" although possible would be through a narrow, constricted "footpath only" designed track. Concern people will be misled into thinking this is the access and forced into difficult manoeuvres.

• The route from South View off the A616 is a busy crossroads with a blind corner from New Mill, and fast moving traffic. South view is a single lane street due to residential parking and walkers who park to the right of the T junction off South View on Staley Royd Lane.

• At the top of South View is a blind T-junction which takes vehicles onto Wood Pit Lane. Traffic from the left nearly always going down South View and turn across traffic approaching the junction.

• Staley Royd Lane is a rat run up to the A629. is popular with cyclists, off roaders, hikers, horse riders & dog walkers. An increase in traffic would be hazardous.

• Wood Pit Lane and Meal Hill Lane are not built to withstand traffic. The bridge across Wood Pit Lane previously collapsed.

• Emergency services would have difficulty getting access.

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• Removal of waste means vehicles of a large capacity. • High risk of pedestrian accident due to no pavements or relief space

from traffic on this winding road, which has numerous blind corners. • Campers explore the area so the use of all roads will be affected.

Residential Amenity Concerns

• Concern about noise and disturbance. Campsite noise is 16 hrs per day, peaking during the mornings and evenings and can not be compared to other businesses which operate during the normal business day.

• Scout camps are organised and controlled groups, the proposed use could attract up to 80 people. Concern over anti-social behaviour and loud music.

• The increased noise pollution would have a substantial detrimental impact on the quality of life and convenience of the local residents.

• Concern about litter and canine excrement

Drainage Concerns • The lane suffers extreme water run off from the hills, the infrastructure

is not adequate. • Streams run down the field in wet weather. The site is next to a pond

and stream which feeds into a river. Waste products will cause pollution and smells.

• Concern about treated sewage running into the water course and adversely affecting residents who use spring water.

• Concern about risk to properties below the site from foul waste being discharged onto the land.

• Water courses run under the site, plus there is an abundance of rain wash off. This will end up in the stream which feeds the river in Jackson Bridge.

Impact on the Green Belt / Visual Amenity Concerns

• The design of the camping pods is not in keeping with a rural area. The siting of the car park is intrusive and seen from nearby higher elevations will spoil a favourite Home Valley view.

• The car park will not be in keeping with the landscape. • The site is overlooked by a key stopping/viewing area on Scar Hole

Lane. • The application bears no resemblance to what was previously there in

size, capacity or consistency of use, the new proposal is of a permanent nature and structure

• A campsite, car park and tent site does not enrich the attractiveness of the surrounding area, an area of outstanding natural beauty, whether designated as such or not.

• Use of grasscrete does not take in to consideration the cars parked which will be an eyesore. The visual impact will spoil a beautiful area, where planning restrictions have protected the character of the area.

• Concern the site may become a blot on the landscape.

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Health and Safety • The adjacent area was a coal pit. At least one of the pits remain with

an opening to underground pit workings. Children exploring the area could get stuck or worse.

• The field is used for shooting; a danger to all using the site. • No water hydrants in the vicinity

Wildlife Issues

• Concern about the effect on bats, badgers, birds of prey & newts from increased volume of people & litter, car fumes & noise pollution.

• Badgers, Foxes, and Birds of Prey including Buzzards and many species of Owls are native to this area and small birds of rarity.

• There is a population of Newts in neighbouring cottages garden; these are downstream of the site and would suffer from any water pollution.

Other Issues

• There are two annual cycle races every year and a model airplane-flying club. Consider there is no requirement for more visitors.

• There are 18 campsites within a 10 mile radius. • This is not an essential facility with other under-utilised facilities close

by and would be detrimental to visual amenity. • This application is potentially leading to residential development. • Felling of trees would be a loss to the locality. • Concern about privacy and disabled access provision for the amenity

block. • Concern about BBQs and open fires and possibility of fire damage and

pollution. • Planning applications at Wood Pitt Farm and Hill Street Farm have

been refused • Concern about the risks to trees with respect to the lay-bys. • A farmer can have up to 28 days use for camping without prior

approval which will increase the scale of the camp site. • Concern about safety around farm animals, public liability, wear and

maintenance of footpaths. Part of the footpath only exists by permission of the land owner of Wood Pit Farm.

• Supporting secondary spend in the community is a claim with no evidence. Campers bring their own food and cook on site.

• An increase in population will require residents to increase security measures at their own cost. The site will bring in undesirable people when not in use.

• The guide camps were few and far between, unsophisticated and there were no cars.

• The blue line boundary is incorrect and shows Hullock Land and Wood Pit Farm Land as part of the planning applicants Estate.

Holme Valley Parish Council – Support the application.

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8. ASSESSMENT General Principle/Policy: Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that if regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material consideration indicate otherwise’. The development plan is made up of the saved policies within the UDP and the policies set out earlier in the report are relevant to the determination of the application. An assessment of other ‘material considerations’ and their consequences is also required in order to weigh any social, environmental, resource or economic considerations resulting from the development. The site is designated Green Belt on the Unitary Development Plan Proposals Map where in accordance with the National Planning Policy Framework (NPPF) there is a general presumption against inappropriate development which is, by definition, harmful to the Green Belt. Paragraph 88 of the NPPF stipulates that a local planning authority should regard the construction of new buildings as inappropriate development in Green Belt. Exceptions to this include provision of appropriate facilities for outdoor sport, outdoor recreation and for cemeteries, as long as it preserve the openness of the Green Belt and does not conflict with the purposes of including land within it. Paragraph 80 of the NPPF stipulates Green Belt serves five purposes. These are 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. The proposal is appropriate development in the Green Belt when assessed against the NPPF and would not conflict with the five purposes of including land within it. In respect of the impact on the openness of the green belt, the proposed structures required to facilitate the use of the site as a campsite would not appear as obtrusive features due to their limited height and functional design and it is considered they would not have a detrimental impact on the openness of the wider Green Belt allocation. The use of land as a camping centre is accepted as an appropriate use within the Green Belt and the applicant does not have to demonstrate ‘very special circumstances’. The main consideration relates to the visual impact the permanent camping pods and facilities building will have within the Green Belt. Policy D10 of the Unitary Development Plan (UDP) states proposals for outdoor recreation and their related facilities will be considered having regard to the scale and siting of buildings and parking areas which should not exceed what is essential for the recreational activity proposed. An assessment is required of the effect on the landscape, trees or woodland, wildlife or the enjoyment of any public right of way or access area; and the level of traffic movement, noise and other disturbance which would be generated.

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The NPPF has a common thread of supporting economic growth including businesses in rural areas. Chapter 3 of the NPPF stipulates that 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. To promote a strong rural economy, local and neighbourhood plans should support the sustainable growth and expansion of all types of business and enterprise in rural areas, both through conversion of existing buildings and well designed new buildings, promote the development and diversification of agricultural and other land-based rural business and support sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors and which respect the character of the countryside. This should include supporting the provision and expansion of tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres. It is noted that the Councils Business and Economy team are wholly supportive of the proposal in terms of the need for this type of accommodation and the demand for it. This is made clear in the Valley Area Committee Strategy to develop the visitor economy 2012-2014. There is significant room for growth in this part of the tourism market provided Kirklees provides the facilities to capture this market. The site is within an acceptable walking distance of a bus stop which provides a half hourly service to Holmfirth/Huddersfield. It is considered in principle the proposal would be acceptable. In respect of the appearance of the permanent structures within the green belt and the landscape, the proposed amenity block and camping pods are proposed to be constructed of timber which would provide a suitable weathered appearance within this rural location. It is considered the proposed pods would not appear as obtrusive features when viewed from Meal Pit lane and across the valley for reason of their limited height and functional design. With respect to the proposed car parking area, this would be of grasscrete construction which would minimise its appearance from views across the valley and preserve the visual amenity of the Green Belt. The proposed facility building would be constructed to the west of the site and due its limited scale and timber materials it is considered it would not have a detrimental impact on the visual amenity of the Green Belt. In terms of scale and the amount of development proposed, Policy D10 specifically states the scale of building should not exceed what is essential for the recreational activities proposed. The use of the land as a camp site has currently not been tested in this location but it is considered the provision of an amenity block and associated parking equates to ‘essential’ in this case. The provision of camping pods in association with the use of a site for camping could reasonably be considered as ‘appropriate’ and the number of pods has been reduced from 27 to 18 from the previously withdrawn planning application. The Policy section recommends a temporary permission to assess the demand for the camp site and any impact on highways/nearby residents. To facilitate this they suggest a condition be imposed requiring a

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log of visitors to the site and length of stay to demonstrate the demand/need or not for any expansion of the site in the future or provide the necessary information not to continue with the use at the site. Taking into account the proposed financial outlay of the development however, it is considered unreasonable to impose such a condition. However, in the interests of the protection of the openness and character of the green belt it is considered appropriate to impose a condition that if the camp site ceases to operate for a continuous period of 6 months a scheme for removal of the camping pods and ancillary buildings, to include details for the restoration of the site, shall be submitted within 3 months of the end of the cessation period and implemented within 3 months of the date of approval. This is considered to be a more reasonable approach in the interests of the protection of the openness and visual amenities of the Green Belt. In summary the principle of development is considered to be acceptable in accordance with the sustainability principles of the NPPF. Health and Safety: Coal Risks A Coal Mining Risk Assessment has been submitted which identifies three recorded mine entries (adits) within 20m of the application boundary. These mine adits however, are all recorded to have worked away from the site. The mining report also identifies the site is located in an area where unrecorded underground coal mining activity may have taken place at shallow depth. Taking into account the nature of the proposed structures, which are lightweight, the report recommends that the camping pods and amenity block should be founded on stiff reinforced concrete raft foundations. It also recommends that geo-grid reinforcement should be considered within the construction of any hard standing area. Subject to the imposition of suitable conditions the Coal Authority consider that the content and conclusions of the Mining Report are sufficient for the purposes of the planning system to demonstrate that the application site is, or can be made safe and stable for the proposed development. The Coal Authority advises further detailed consideration of ground conditions and foundation design, to take account of the recommendations within the Mining Report (Avie Consultating Ltd, May 2013) and the potential need for incorporating gas protection measures within the proposed structures are undertaken as part of any building regulations application. Impact on highway safety: Policy T10 of the UDP states that “new development will not normally be permitted if it will create or materially add to highway safety or environmental problems . . .” Highway Services raised no objections to the principle of development but initially requested details of passing places between South View and the site at 40m intervals. They also requested details of access into Meal Hill Lane wide enough to allow two vehicles to pass, to include details of internal refuse vehicle turning within the site, and sight lines of 2.4 x 43m from proposed access onto Meal Hill Lane.

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Amended plans were received which show passing places along Meal Hill Lane, internal service vehicle turning and sightlines. Highway Services consider that the proposed sightlines are acceptable and the access is now wide enough to allow two vehicles to pass. No objections are raised to the development subject to a condition requiring a detailed scheme of the vehicle passing places on Meal Hill Lane between the junction with South View and the development site access, to include full sections, construction specifications, drainage works, lighting, signage, lining, surface finishes, and highway works, together with a safety audit. Subject to this there would be no detrimental impact on highway safety and the proposal would accord with policy T10 of the Unitary Development Plan. Impact on the Public Right of Way: Along the southern boundary of the site is the definitive line of Public Footpath Hol/136/40. The application did not initially take into account the definitive public footpath, and the applicant was requested to clearly mark the path through the site and ensure no parking space interfered with the path. An amended plan has been received which shows the line of the footpath as accurately as records allow and that the proposed car park would interfere with users of this public right of way. Public rights of way matters are addressed. Mature Trees: There are a number of trees along the southern boundary which are protected by a tree preservation order and the woodland to the north (Coal Pit Wood) is also protected by a blanket TPO area. Policy NE9 of the UDP stipulates that development should normally retain any mature trees within the application site. Where development is approved no sites containing mature trees no construction, including changes to levels, drainage works and the formation of access roads will be permitted within the crown spread of the trees unless it can be demonstrated that satisfactory precautions will be taken to ensure their continued viability. The arboricultural officer has assessed the amended plans which now show the protected trees. The trees would not be affected by the proposal and no objections are raised, subject to the inclusion of a condition that protective fencing be imposed during the development phase around the trees to be retained to ensure they are not adversely affected during the construction stage together with a condition that any tree work, pruning etc, required to facilitate the development is approved in writing. Subject to this, the proposal would accord with policy NE9 of the UDP. Impact on residential amenity: Policy D2 of the Unitary Development Plan stipulates that development should protect the residential amenity of neighbouring residential properties. Policy EP4 stipulates that proposals for noise generating uses of land close to existing noise sensitive development will be considered taking into account

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the effects of projected noise levels on the occupiers of the existing noise sensitive development. The nearest unrelated properties to the site are Wood Pit Farm located to the west at a distance of approximately 120 metres, and Hullock Farm located at a distance of approximately 200 metres to the north. To the south-west are Meal Hill House, Larks House, Larks House Farm and Larks House Barn, located at a distance of approximately 250 metres. In respect of the impact on the amenities of these properties Environmental Services do not raise any concerns about potential noise and disturbance and it is considered there would not be a detrimental impact on the amenity of the occupants of these properties. The proposal would accord with policies D2 and EP4 of the UDP. Drainage: The NPPF sets out the responsibilities for Local Planning Authorities determining planning applications, including flood risk assessments taking climate change into account and the application of the sequential approach. The site is in river flood zone 1, however, this does not take into account the fact that ordinary watercourses flow through the site as they are not modelled for flood risk. The strategic drainage engineer initially commented that some of the pods appeared to be positioned close to the flow route of ordinarily watercourses within the site and requested an assessment with regard to the site layout and these watercourses to demonstrate that flood risk has been taken into account. A drainage plan was received which shows the position of the pods in relation to the minor water courses, with a small timber footbridge to cross the watercourse. It shows a soakaway to serve the amenity block, the specification of the proposed grass crete for the parking spaces, together with a additional French / filter drain. The strategic drainage engineer has assessed the plans and raises no further objections. The location of the pods has taken account of the water courses and the use of permeable grass crete is considered to be acceptable, together with an additional French drain which act as an interceptor to protect the pods. The soakaway is considered to be an acceptable solution to satisfactorily discharge run off to the watercourse. Drainage issues are addressed in accordance with the NPPF. Ecology/Wildlife Issues: UDP Policy EP11 requests that applications for planning permission should incorporate landscaping which protects/enhances the ecology of the site. A phase 1 habitat report has been submitted which details that the site is situated in an upland rural situation dominated by sheep grazed semi-improved grassland. To the east the land sharply rises and is characterised by scattered areas of broad-leaved woodland and habitat typical of open moor land. Two small streams flow west parallel to one another in the north of the site with one forming the northern site boundary. They flow through a mosaic of semi-improved grassland and broad-leaved woodland (Coal Pit Wood). The

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area is interspersed with small patches of dense scrub and a single pond, measuring approximately 10 x 6 metres is present immediately to the east of the site. The Environment Unit have assessed the report and agree with its conclusions regarding bats, badger, reptiles, Great Crested Newts (GCW) and Nesting Birds. The report recommends that clearance of any vegetation in the vicinity of Coal Pit Wood should be subject to ecologically sensitive working methods. Entrances to the pods should be positioned away from the trees and the pods should be lit internally with low level LED lighting. Any exterior lighting should be low lumen and downward directional to minimise adverse impacts to invertebrates and local bat assemblage. In respect to the impact on reptiles it is recommended the existing rubble/brashe piles at the western boundary should be retained. If this is not possible they should not be dismantled during the reptile hibernation period. For the construction of the bin store, shower and toilet block and drainage system a finger tip search by an experienced Ecologist is recommended immediately prior to any vegetation clearance in those areas with any reptiles encountered moved to suitable habitat. With respect to Great Crested Newts it is advised all site operatives should be briefed by a GCN licensed Ecologist or accredited agent and all areas to be permanently disturbed shall be first hand searched by an experience newt surveyor holding a Natural England survey license. It is advised no excavated material is stored on site to minimise opportunities for GCN to use the material as shelter. With respect to nesting birds it is advised works are undertaken outside of the bird breeding season. Subject to a condition that the development be undertaken in accordance with the recommendations of the ecological report, ecological issues are addressed in accordance with policy EP11 and the NPPF. Contaminated Land: Environmental Services note the site is listed as potentially contaminated due to its past uses as a clay pit and an old mine. They raise no objections subject to the submission of a Phase 1 Contaminated Land Report. Subject to the inclusion of appropriate conditions contaminated land issues are addressed. Non-mains drainage: A bio-disc type treatment plant is proposed for foul water. To ensure the correct unit is installed in respect of suitable capacity, details are required of the location of the tank, the capacity of the tank and number of persons using the tank, together with adequate means of vehicular access to be provided to allow the tank to be emptied. The Environment Agency note the water environment is of a low sensitivity, but to ensure the proposal complies with the foul drainage hierarchy they also recommend a condition requiring details of the treatment plant. Subject to an appropriately worded condition, non-mains drainage issues are addressed.

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Crime Prevention: UDP Policy BE23 states that new developments should incorporate crime prevention measures to achieve pedestrian safety on footpaths; natural surveillance of public spaces; and secure locations for parking areas. The West Yorkshire Police Architectural Liaison officer initially noted the pods will be situated in an open plan arrangement without defined demarcation of individual private space from public space, allowing access to individuals other than those legitimately using the pods. It was therefore queried what physical security measures will be in place to protect occupants and their property as occupants will lave possessions unattended for periods of time and prospective thieves would be inconspicuous. In response the applicant has submitted a crime prevention strategy. This details each front door will be certified to British Standard PAS 24-1 'Doors of Enhanced Security'. The entrance doors to the camping pods will be via cylinder locks to BS10621 and certified to either BSI Kitemark or BM Trada Q Mark. There will be a manual override facility internally on the pod entrance doors to facilitate ease of evacuation/ escape in an emergency. All fixed glazed lights within pod entrance doorsets will comprise of laminated safety glazing (6.4mm min) all designed to BS 7950 1997 and be BSI / BBA Certified. Each pod will be fitted with a 360 degree CCTV camera (on an arm at high level) which all link wirelessly to digital recorders located in the main data base at Bank House Farm and each camping pod will have low level dusk till dawn security lighting mounted above the entrance doors. CCTV and dusk till dawn security lighting will be accommodated along all access ways to the pods above the front entrance doors and also to all communal areas such as sanitary blocks. The car park and accessway will be artificially illuminated throughout the night via dusk till dawn lighting mounted at high level on protected timber posts. All residents will, on occupancy be provided with information in respect of securing their possessions and contact details for the Managing Agents should they need to report an incident. The West Yorkshire Police Architectural Liaison officer is satisfied that the strategy satisfactorily addresses crime prevention matters. Subject to the inclusion of a condition that the development be undertaken in accordance with the crime prevention strategy, crime prevention matters have been addressed. Representations: 47 representations have been received including 45 objections and 2 letters of support. In so far as they have not been addressed above:

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Concern about the suitability of the access roads to serve the development and the impact of increased traffic. Concern emergency services would have difficulty getting access and concern over waste vehicles accessing the site / Concern over pedestrian safety due to lack of pavements. Response: Highway Services raise no objections to the impact on the highway network and are satisfied with the details of the passing places along Meal Hill Lane, internal service vehicle turning and sightlines.

Concern the design of the pods is not in keeping with a rural area / Concern the siting of the car park is intrusive and spoil a favourite Home Valley view / Concern the site is overlooked by a key stopping/viewing area on Scar Hole Lane. Concern the visual impact will spoil a beautiful area, where planning restrictions have protected its character. Response: The amenity block and camping pods are proposed to be constructed of timber which would provide a suitable weathered appearance within this rural location. It is considered the pods would not appear as obtrusive features when viewed from Meal Pit lane and across the valley for reason of their limited height and functional design. With respect to the car parking area, this would be of grass crete construction which would minimise its appearance from views across the valley and preserve the visual amenity of the Green Belt. The proposed facility building would be constructed to the west of the site and due its limited scale and timber materials it is considered it would not have a detrimental impact on the visual amenity of the Green Belt. Concern the adjacent area was a coal pit and at least one of the pits remains with an opening to underground pit workings. Concern children could get stuck or worse. Response: A Coal Mining Risk Assessment has been submitted and the Coal Authority consider that the content and conclusions of the Mining Report are sufficient for the purposes of the planning system to demonstrate that the application site is, or can be made safe and stable for the proposed development. Concern about noise and disturbance particularly during mornings and evenings / Concern noise pollution would have a detrimental impact on the quality of life of local residents. Response: Environmental Services have assessed the proposal and raise no objections. The camp site is located at a distance of approximately 120 metres to the nearest unrelated neighbouring property and the adjacent woodland would mitigate against noise disturbance. Concern the lane suffers extreme water run off from the hills and the infrastructure is not adequate / Concern water courses run under the site, plus there is an abundance of rain wash off which will end up in the stream which feeds the river in Jackson Bridge. Response: A drainage plan has been submitted which shows the position of the pods in relation to the minor water courses, the specification of the proposed grass crete for the parking spaces together with a French drain and the proposed use of a soakaway. The strategic drainage engineer raises no objection.

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Concern about foul water entering the water course and contaminating the spring water supply / Concern about risk to properties below the site from foul waste being discharged onto the land. Response: A bio-disc type treatment plant is proposed for foul water. Environmental Services and the Environment Agency are satisfied with this approach subject to details of the location of the tank, its capacity and adequate means of vehicular access to be approved. They do not raise objections to the use of a soakaway to serve the amenity block. Concern about the effect on wildlife from the volume of people, litter, car fumes & noise pollution and water contamination. Response: An Ecological Assessment has been submitted and the Council’s ecologist agree with its conclusions regarding bats, badger, reptiles, Great Crested Newts (GCW) and Nesting Birds. A condition will be imposed requesting that the development is undertaken in accordance with the Ecological Report. The field is used for shooting; a danger to all using the site. Response: This is a health and safety matter and not a material planning consideration. Concern there are no water hydrants in the vicinity Response: This is not a material planning consideration Concern there are two cycle races each year and a model airplane-flying club such that there is no requirement for more visitors / Concern there are 18 campsites within a 10 mile radius and this is not an essential facility with other under-utilised facilities close by. Concern supporting secondary spend in the community is a claim with no evidence. Campers bring their own food and cook on site. Response: Each application is assessed on its own merits. The NPPF stipulates that 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. This application is supported by the Regeneration Economic Development section and the existence of other camping facilities is not a reason to refuse the application. This application is potentially leading to residential development. Response: An application for housing development would require a separate planning application and not a matter material to this application. A condition will be included that the camping pods shall be let and occupied solely for the purposes of holiday accommodation and shall not be occupied as a main or principal place of residence. Concern about the risks to trees with respect to the proposed lay-bys Response: The arboricultural officer has assessed the proposal and raises no objections.

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The site will bring in undesirable people when not in use / An increase in population will require residents to increase security measures at their own cost. Response: A Crime Prevention Strategy is proposed to operate on the site which the West Yorkshire Police Liaison Officer considers to be satisfactory to address crime prevention matters. Planning applications at Wood Pitt Farm and Hill Street Farm have been refused. Response: Each application is assessed on its own merits. Concern about privacy and disabled access provision for the amenity block. Response: This is not a material planning consideration. Concern about litter and canine excrement Response; The site would be managed by Managing Agents and residents will be given their details to report any incidents. Campsites allow BBQs and open fires with the possibility of fire damage and pollution. Response: This is not a material planning consideration. A farmer can have up to 28 days use for camping without prior approval which would increase the size of the camp site. Response: This would be permitted development for a temporary period only and it is considered there would be no material impact arising from this short term use. Concern about safety around farm animals, public liability, wear and maintenance of footpaths. Part of the footpath only exists by permission of the land owner of Wood Pit Farm. Response: This is not a material planning consideration. The blue line boundary is incorrect and shows Hullock Land and Wood Pit Farm Land as part of the planning applicants Estate. Response: This issue has been addressed during the course of the application. The Holme Valley Parish Council supports the application. Coucnillor Nigel Patrick has also made comments on the application as detailed at the start of the report. Conclusion: The NPPF has introduced a presumption in favour of sustainable development. The policies set out in the NPPF taken as a whole constitute the Government’s view of what sustainable development means in practice. This application has been assessed against relevant policies in the development plan and other material considerations. It is considered that the development would constitute sustainable development and is therefore recommended for approval.

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9. RECOMMENDATION: CONDITIONAL FULL PERMISSION 1. The development shall be begun not later than the expiration of three years beginning with the date on which permission is granted. 2. The development hereby permitted shall be carried out in complete accordance with the approved plans and specifications except as may be required by other conditions. 3. The camping pods hereby approved shall be let and occupied solely for the purposes of holiday accommodation and shall not be occupied as a main or principal place of residence.

4. If the camp site use hereby permitted ceases to operate for a continuous period of 6 months, a scheme for the decommissioning and removal of the camping pods and all ancillary buildings and structures shall be submitted and approved in writing by the Local Planning Authority within 3 months of the end of the cessation period. The scheme shall include details for the restoration of the site. The scheme shall be implemented within 3 months of the date of its approval by the Local Planning Authority. 5. Before development commences, the sightlines of 2.4m x 43m shall be cleared of all obstructions to visibility exceeding 1 m in height and these shall be retained free of any such obstruction. 6. Notwithstanding the details shown on plan number 2219-05, no development shall take place until a scheme detailing vehicle passing places on Meal Hill Lane between the junction with South View and the development site access have been submitted to and approved in writing by the Local Planning Authority. The details shall include full sections, construction specifications, drainage works, lighting, signage, lining, surface finishes, and all associated highway works, together with an independent safety audit covering all aspects of the works. The scheme so approved shall be implemented before the development is first brought into use and thereafter retained as such for the lifetime of the development. 7. Development shall not commence until actual or potential land contamination at the site has been investigated and a Preliminary Risk Assessment (Phase I Desk Study Report) has been submitted to and approved in writing by the Local Planning Authority. 8. Where further intrusive investigation is recommended in the Preliminary Risk Assessment approved pursuant to condition 7 development shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the Local Planning Authority.

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9. Where site remediation is recommended in the Phase II Intrusive Site Investigation Report approved pursuant to condition 8 development shall not commence until a Remediation Strategy has been submitted to and approved in writing by the local planning authority. The Remediation Strategy shall include a timetable for the implementation and completion of the approved remediation measures. 10. Remediation of the site shall be carried out and completed in accordance with the Remediation Strategy approved pursuant to condition 9. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy or contamination not previously considered [in either the Preliminary Risk Assessment or the Phase II Intrusive Site Investigation Report] is identified or encountered on site, all works on site (save for site investigation works) shall cease immediately and the local planning authority shall be notified in writing within 2 working days. Unless otherwise agreed in writing with the local planning authority, works shall not recommence until proposed revisions to the Remediation Strategy have been submitted to and approved in writing by the local planning authority. Remediation of the site shall thereafter be carried out in accordance with the approved revised Remediation Strategy. Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the local planning authority. Unless otherwise agreed in writing with the local planning authority, no part of the site shall be brought into use until such time as the remediation measures for the whole site have been completed in accordance with the approved Remediation Strategy or the approved revised Remediation Strategy and a Validation Report in respect of those remediation measures has been approved in writing by the local planning authority. 11. Before development commences details of the packaged sewage treatment plant to be installed shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:

• Location of the tank. • The capacity of the tank and number of persons using the tank. • Adequate means of vehicular access should be provided to allow the

tank to be emptied. Thereafter the approved installation shall be installed and maintained in accordance with the agreed details. 12. The development shall be undertaken in accordance with the Ecological Survey by Keystone Environmental Limited dated February 2014. 13. The development shall be undertaken in accordance with the Crime Prevention Strategy by Acumen. 14. The development shall be undertaken in accordance with the Coal Mining Risk Assessment by Avie Consulting Limited Ref P1058 dated May 2013.

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15. Prior to development commencing protective fencing in accordance with British Standard BS 5837 shall be erected around all protected trees and trees to be retained on the site. 16. Any tree work and pruning required to facilitate the development shall be submitted to and approved in writing before any works to trees are undertaken. Thereafter the works shall then be undertaken in accordance with the approved details. NOTE: All contamination reports shall be prepared in accordance with CLR11, PPS23 and the Council’s Advice for Development documents or any subsequent revisions of those documents. NOTE: The granting of planning permission does not authorise the carrying out of works within the highway, for which the written permission of the Council as Highway Authority is required. You are required to consult the Design Engineer, Flint Street, Fartown, Huddersfield (Kirklees Street Care: 0800 7318765) with regard to obtaining this permission and approval of the construction specification. Please also note that the construction of vehicle crossings within the highway is deemed to be major works for the purposes of the New Roads and Street Works Act 1991 (Section 84 and 85). Interference with the highway without such permission is an offence which could lead to prosecution. NOTE: It is the applicant's responsibility to find out whether the work approved by this planning permission requires written approval from the Highways Structures section for works near or abutting highway and any retaining structures. Contact Highways Structures Section on Tel No. 01484-225616 who can advise further on this matter This recommendation is based on the following plans:- Plan Type Reference Version Date Received Design & Access Statement

2219 B 04.03.14

Location Plan 2219-01 D 19.08.14 Camp Site Plan and Bin Store Detail

2219-02 H 19.08.14

Drainage Details 2219-02 D 19.08.14 Pods 2219-03 A 22.05.13 Shower and Toilet Block 2219-04 22.05.13 Meal Hill Lane/Woodpit Lane Passing Bays

2219-06 04.03.14

Coal Mining Report P1058 22.05.13 Ecological Survey 121653/3 04.03.14 Crime Prevention Strategy

n/a 19.08.14

Drainage and Flood Risk Statement

n/a 04.03.14

Bat Survey 121653/2 04.03.14

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Application No: 2014/91665

Type of application: 62 - FULL APPLICATION

Proposal: Erection of clubhouse and changing rooms with biomass boiler and alterations including access, car parking and realignment of pitches

Location: Hepworth United Playing Field, Far Lane, Hepworth, Huddersfield Grid Ref: 416325.0 406193.0

Ward: Holme Valley South Ward

Applicant: Hepworth United FC C/O Agent

Agent: Brenden Harrison, 2H Architecture

Target Date: 15-Dec-2014

Recommendation: FC - CONDITIONAL FULL PERMISSION

----------------------------------------------------------------------------------------- LOCATION PLAN

Map not to scale – for identification purposes only

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1. SUMMARY OF APPLICATION

Application Details

Type of Development: D2 Assembly and Leisure Scale of Development: 1.5 Hectares No. of Jobs Created or Retained: n/a

Policy

UDP Allocation Green Belt Independent viability Required No

Consultation

Individual Support (No.) 47 Individual Objection (No.) 188 Petition No Ward Member Interest Yes Name: Cllr Nigel Patrick Statutory Consultee Objections Yes Highways

Contributions

• Affordable Housing n/a • Education n/a • Public Open Space n/a • Other n/a

Other Issues

Any Council Interest? No

Pre Application Advice Yes

Type: informal meeting and exchange of e-mails regarding principle of providing facilities at Far Lane.

Pre Application Consultation Undertaken? No

But public meeting was held through the course of the application on 12 September 2014 to discuss proposals.

Comment on Application

RECOMMENDATION: CONDITIONAL FULL PERMISSION

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2. INFORMATION The application is brought forward to the Strategic Planning Committee for determination in accordance with the Council’s Scheme of Delegation as the site area exceeds 0.5 hectares with a leisure use proposed. 3. PROPOSAL/ SITE DESCRIPTION Site Description The application site is 1.5 hectares in area, located to the east of Far Lane, and forms the playing pitches for Hepworth United Football Club. The site is located approximately 600m south of Hepworth village centre and is laid out for two football pitches. Access to the fields for players is via an existing pedestrian access located to the north east of the site, with vehicle access on to the fields gained via an existing track to the north. The site is set within open countryside, with footpaths bounding the northern edge, and the nearest residential properties being 50m and 80m to the north and south respectively. A number of mature trees form a north-south axis along the western boundary with Far Lane. Proposal The application seeks planning permission for the erection of a clubhouse with biomass boiler and changing rooms, formation of new car park, and realignment of pitches for Hepworth United Football Club. The proposed new clubhouse would be located in the south western corner of the clubs existing playing fields off Far Lane in Hepworth. The proposal would represent the relocation of existing changing and social facilities at Towngate in the village approximately 630 metres away to the southern end of playing pitches at Far Lane. The new club house would have a maximum length of 29 metres, a maximum depth of 9.421 metres and a maximum overall height of 5.5 metres and would cover a total area of 275.8 m2. The new building would provide two new changing rooms and to two officials changing rooms both to meet standards required by the Football Association (FA). The building would also provide ancillary facilities to provide social space after matches for players, officials and supporters. The ancillary space would provide a club room with space to socialise, a bar, kitchen with internal and external servery, associated storage/cellar space and toilet facilities. A small external viewing area would be provided to the frontage of the building protected by a canopy. The proposed new building would have a simple rectangular shape with the roof covered in colour coated profile sheeting. The walls would be constructed from a mix of western red cedar vertical boarding to the southern rear, western side and part of the northern front elevation. The rest of the northern front and the eastern side elevation would be constructed from regular coursed natural stone. The entrance to the building would be located

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on the northern front elevation where a number of windows would be installed, along with windows inserted in the eastern side elevation. The existing playing pitched would be realigned turning the pitch by 90 degrees, and providing one full size open age pitch, one smaller 9-a-side pitch and one 7-a-side pitch for junior teams. A car park with 32 spaces would be provided to the rear of the building, which includes provision for 2 accessible spaces. 8 vehicular parking spaces approved under application 2003/95305 would be provided further along Far Lane to provide additional off street parking. Access to the site would be via a new entrance formed from Far Lane The proposed development also includes installation of a ‘package’ sewage treatment plant immediately to the west of the proposed building. 4. BACKGROUND AND HISTORY

• 2003/95305 - erection of changing rooms facilities with associated car parking (172 sq.m) – Approved, but not built

• 97/93239 – erection of changing room facilities (147 sq.m) – approved

but not built / implemented.

• 96/90492 – change of use of agricultural land to sports field – approved 5. PLANNING POLICY The application site is allocated as Green Belt on the UDP Proposals Map. Relevant policies:

• D10 –Outdoor Sport and Recreation in the Green Belt • C1 – Community Facilities • C2 – Special Community Needs • R13 – Public Rights of Way • BE1 – Design Principles • BE2 – Quality of design • BE23 - Crime Prevention • EP4 – Development and Noise • T10 - Highway Safety • T16 – Pedestrian Routes • T19 – Provision of off-street parking • T17 – Provision of Cycle improvements • NE9 – Retention of Mature Trees

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National planning policy guidance: Of relevance to this case are the following Sections of the NPPF:

• ‘Achieving Sustainable Development’ • ‘Core Planning Principles’ • Chapter 9 – Requiring good design • Chapter 8 – Promoting healthy communities • Chapter 9 – Protecting green belt land • Chapter 10 – Meeting the challenge of climate change, flooding and

coastal change • ‘Decision taking’

Other Policy Considerations: Planning Practice Guidance:

• Open space, sports and recreation facilities, public rights of way and local green space

• Water supply, wastewater and water quality • Flood Risk and Costal Change

Other Relevant Guidance • Sport England: A Sporting Future for the Playing Fields of England -

Policy on planning applications for development on playing fields 6. CONSULTATIONS The following is a brief summary of the consultation responses received. Where necessary, these consultations are reported in more detail in the assessment below:

• KC Highways Development Management – object

• KC Public Rights of Way (PROW) – no objection subject to PROW note.

• KC Conservation & Design – no objections

• KC Environmental Services – No objection subject to condition

• KC Strategic Drainage – no objections subject to condition

• Sport England – no objection

• Environment Agency – no objection, comments made.

• Kirklees District Architectural Liaison Officer – Comments made

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• KC Arboriculturalist – no objection subject to condition 7. REPRESENTATIONS The application has been advertised by neighbour letters, newspaper advertisement and site notice. There have been 3 periods of publicity for the application to allow for consultation on amended plans, details of which are set out below:

• 1st Publicity – Expired on 15 July 2014 (Site Notice Displayed 26/6/2014)

o 43 comments received in objection, o 41 comments received in support, including comments from

Jason McCartney MP.

• 2nd Publicity – Expired on 6 October 2014 (Site Notice Displayed 15/9/2014)

o 87 Comments received in objection. o 5 comments received in support.

• 3rd Publicity – Expired on 21 November 2014(Site Notice

Displayed 4/11//2014) o 58 comments received in objection. o 1 comment received in support.

In total, 188 comments in objection and 47 comments in support have been received. Due to the number of amended plans/additional information which been received through the course of the application, many residents have commented on multiple occasions. Summary of Comments Received Jason McCartney MPs comments are set out below:

“I am writing in support of the application for the building of a clubhouse and changing rooms at the above location. This would provide facilities by the playing fields themselves and which will be of benefit to the local community of Hepworth as a whole. The addition of car parking spaces are particularly needed in the village and are a welcome part of the plan.I wholehearted support this application and I hope the council will pass these plans.”

• Holme Valley Parish Council - support the proposals “subject to

Kirklees Council being satisfied regarding foul water disposal system, drainage and any environmental issues.”

The comments received from members of the public may be summarised as follows:

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Support • The existing clubhouse is detached from the playing field, offers

inadequate facilities, changing facilities are poor with no separately access for the official’s room or shower for officials. The bar area is too small for teams to gather pre or post match especially for the juniors, and the provision of food which is a league requirement for open age teams is difficult. The lack of facilities on the playing field means there is nowhere for players, juniors, coaches, family, friends or supports to shelter, use the toilet at matches or at training, and no ability to gain refreshment or to socialise.

• Hepworth United have been established since 1905 and provides local people: children, women and men with a great facility to play sport and have a place to socialise after games for years to come.

• Hepworth United is a fantastic community club. It has been missing a focal point of a club house to further bring the club and community together. The clubhouse will provide a much needed facility to bring the whole club together and would also benefit the local community in Hepworth, especially when other community facilities such as shops have closed over recent years.

• A new clubhouse would enhance the financial sustainability of the football club for all its members, and would enhance its application for a Community Charter status. Existing social membership has reduced significantly and the social element of the club is not viable in the long terms.

• The proposal would enhance training provision for all members of the club, and reduce costs incurred by having to train girls and junior teams at other venues with better facilities.

• The existing clubhouse has no parking facilities and there is an increase vehicle movements from the centre of the village to the playing fields, this arrangement would be removed by the proposed development, and parking locally would be eased. Traffic could also be directed via alternative routes to alleviate traffic through the village.

• Current cars park along Far Lane adjacent the playing pitches and given the lack of onsite parking arrangements it leads to the road narrowing to a single width. Such arrangements would be improved/removed by the car park associated with the new clubhouse. The proposal would lead to 40 cars being removed from the road along Far Lane.

Against • The proposed building will not contribute anything to the village and

would be detrimental to Hepworth. The existing clubhouse in the village provides sufficient social facilities and is located in the heart of the village, if this moves out of the village the existing social facilities would be lost.

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• Hepworth United already have a club house and changing rooms which fit in quite well with the size of Hepworth village, and is quite adequate for a village club.

• The proposed function room is an inappropriate development not essential to the football pitches and are optional under Sport England guidance. It will generate noise, disturbance, smells and pollution. Currently disturbance is caused by the use of the football pitches however this is only limited to playing times, the proposed clubhouse would significantly increase this levels of disturbance in an evening and throughout the week. No details of hours of operation are given.

• The sale of alcohol and food is not relevant to the activities of the football club, there are already a number of venues locally which provide such facilities such as the Carding Shed. It is not understood why a club the size of Hepworth requires such a facility, and there is concern that additional non-football related actives could occur at the site such as weddings or other events to the detriment of local amenity and highway safety especially if the club struggled financially. No detailed information has been provided to demonstrate the financial sustainability of the football club. Therefore there is concern that the club could need extra activates to take place at the site or the club may even fold given that it is currently unsustainable, for example it has been stated that the clubhouse could be used by other groups such as cyclist, schools etc.

• The provision of a large bar/function room for the sale of alcohol is considered to be inappropriate, especially given that the junior members make up to around 80% of club membership, with only 20% by adults.

• The openness of the Greenbelt is not preserved by this construction, and the proposal would be detrimental to visual amenity. The proposed building is of an urban design out of keeping with the character of the local area, and be detrimental from views from the adjacent public footpath. The materials proposal are not considered to be acceptable.

• A sensible building/changing room could be acceptable using existing access and creating parking spaces and making it fit in with the surrounding area but the proposed clubhouse is not justifiable.

• Sport England Guidance on facilities does not require the erection of a club/function room, bar / dining area, kitchen, office, boiler/plant room. Consequently the Architect’s statement that this extra accommodation is genuinely the minimum required in accordance with Sport England is inaccurate.

• The size of the building would seem to be in direct conflict to our local environment. Something along the lines of Hade Edge clubhouse may be acceptable.

• Any boundary planting would not sufficiently screen the building from close and long distance views, the trees are deciduous and would not be in leaf for 6 months of the year which would also be the football season.

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• The proposal will increase traffic along Far Lane which is currently a quiet, rural, narrow lane, and would be detrimental to highway safety along the lane. The proposed building would need to be serviced by large delivery vehicles and inadequate sightlines would be achieved.

• The proposal would represent an intensification of use at the site increasing vehicle movements locally, other developments along Far Lane have been refused on highway grounds. It is considered that proposal would attract other non football related actives at the premises increasing traffic and potential for disturbance, and this would occur throughout the year, instead of the currently limited 7 months during the football season. Proposals to encourage drivers to go to the site via alternative routes away from the village centre could not be enforced, and may have little benefit.

• The roads leading to the site are country roads with no footways and has no street lighting. Approaching the site from either direction will increase the risk to pedestrians, cyclists and horse riders. Given the lack of footways the proposal would provide poor pedestrian access.

• Parking for the football pitches at the moment completely blocks off one side of the already narrow road and the proposed plans have no way near enough spaces for the clubhouse they are proposing to build. The proposed 8 parking spaces adjacent Far Lane are not considered to be workable and would not be used.

• There are already 20-40 cars on ordinary match days with more on finals. Once they vacate the Clubhouse in the village more cars will be added to these numbers. They will still be parking on Far Lane / Fairfield Avenue. It should be noted that the club comprises 2 senior teams and 150 Juniors. Only a handful live in Hepworth – all the rest come by car. A survey of parking over 10 match days details that a total of between 19 – 59 cars have parked along Far Lane and in surrounding streets over a , an average of 31 cars per match day.

• There are no calculations for the proposed car park to ascertain how many spaces are actually required. What parking requirements are available for the 6 staff proposed?

• There is concern that the proposal would lead to light pollution from the illumination of the car park, and potentially the erection of flood lights for the playing pitch.

• No Ecology Report has been submitted. The surrounding woodland, fields and adjacent stream are a haven for wildlife, and it is considered that the erection of a clubhouse within close proximity to the wildlife would be detrimental to local ecology. The proposal would have a detrimental impact on the adjacent mature trees these should be protected.

• The proposal would potentially increase instances of crime locally such as burglaries.

• The proposed biomass boiler would increase smells and fumes in the local area detrimental to the local environment.

• There has been no proper consultation with the local community in relation to the development.

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• Concern has been raised regarding the information provided regarding consultation with the local community. A number of local residents do not consider that the club has worked with the local community through the course of the application.

• The proposed drainage arrangements for the clubhouse would be detrimental to the local environment.

• Amendments do not address concerns raised originally to the development. The building is still considered to be too tall and to larger for it to be acceptable in the location and would be detrimental to visual amenity of the surrounding area.

8. ASSESSMENT Prior to assessing the proposal, Officers considered it beneficial to set out the background of the site and discussions which have taken place with the applicant and agent about the proposal, and the case put forward by the applicant. Background Hepworth United FC is a not for profit self-funding community origination that currently has an existing clubhouse located on Towngate in the centre of village, approximately 600 metres away from the playing fields at Far Lane (the application site), and forms the ‘Hepworth Sports and Social Club’. The applicants propose to sell this existing clubhouse if successful with the application, and use moneys from the sale to invest in the proposed new clubhouse. The application site benefits from planning permission for use as a sports field granted in 1996 under application 96/90492. Two previous applications for changing rooms at the playing fields have been approved under applications 97/93239 and 2003/95305. Both approved applications proposed only changing facilities with additional toilet facilities. The 2003 application proposed 4 changing rooms over 172 m2 of floor space, and additional off street parking formed adjacent Far Lane. The applicant has however stated that the previous facilities were not FA or Sport England compliant, and were sited in a difficult position to develop due to levels. The current submission has been amended on 4 occasions to reduce the scale of the building after discussions between Planning Officers and Applicant/Agent. The proposed building is now 36% smaller than first proposed, with proposed ancillary/clubroom facilities of the development having been reduced by 48%. The proposed building would cover 275.8 m2, with changing room facilities occupying 112 m2 of the building with the remaining 163.8 m2 providing ancillary facilities such as toilets, a kitchen, a canopy providing external shelter, internal storage, clubroom and bar.

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Case put forward By Applicant A summary of the applicant’s case in support of the application case is set out below: Teams Which Form Hepworth United:

• Hepworth United FC (Open Age Team) o 35 registered players o 2 teams o Formed in 1905 o Played at Far Lane since 1990s

• Hepworth United Juniors FC (Under 6 – Under 16)

o 170 boys and girls from local area o Differing age group teams o Formed in 1995

• Hepworth United Ladies FC

o Only ladies team in Huddersfield apart from Huddersfield Town Ladies

o Started from a junior team of under 12s

Current Arrangements – Challenges

• Location – The existing clubhouse is 600 metres away from the playing pitches, players, officials and coaches have to either walk or drive to the pitch to play and then back again to change. Supporters and open age away teams rarely return to the clubhouse due to this detached relationship which in turn leads to a loss of revenue for the club, and reduces social cohesion provided by team sports.

• Lack of Toilets – There are no on site toilets provided at the Far Lane playing pitches for players both open age, junior, ladies, coaches, officials, family and friends or supporters. This provides an unwelcoming environment for those involved in the club.

• Poor Standard of Changing Facilities – The changing facilities currently provided do not meet current FA standards, and there are no appropriately sized separate changing facilities for officials.

• No Home for Junior Teams – The junior section rarely uses the Towngate facilities due its remote location away from the playing pitch, lack of family friendly facilities, due to the buildings location in the centre of the village with no outside space to use.

• No Shelter – There is no on site shelter provided at the Far Lane Playing pitches for family and friends of players of all levels or supporters.

• No Ability to Provide Refreshments – The current arrangements mean that no on site refreshments can be provided to players, family and friends or supporters.

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• Current Clubhouse Financially Unviable – the existing clubhouse has made a loss for the last 3 years, has very few members outside of the open age football club activities, is run predominantly by volunteers and maybe forced to close.

• Potential Loss of Changing Facilities if Clubhouse Closes – due to the current club house making a loss it may have to close losing changing facilities for the open age teams with no other nearby facilities.

• Loss of Teams due to Facilities – The poor standard of facilities has led to 4 junior teams moving to surrounding clubs. The open age teams may fold if facilities are not improved.

• Poor Parking/Highway Arrangements – The parking arrangements for the existing clubhouse are not idea, and players can sometimes have difficulty in parking to access changing facilities. Players then often drive to Far Lane park before doing a return journey, adding additional vehicle movements to the highway network. A number of cars have to park along one side of Far Lane which is not idea.

• Lack of Community Hub – the current arrangements provides a lack of community hub between the football club of all ages and local residents and local families, providing the facilities on one site would enhance that hub.

Proposed Benefits

• Location – On the site of playing fields, no need to make multiple trips to and from clubhouse, facilities provided for all.

• Changing Facilities - Provide FA standard changing rooms for players and officials.

• General Facilities – Provision of onsite toilets for all. Provision of a space which can be used by players, officials, coaches, family, friends and supporters pre, during and post-match/training to provide facilities to enhance the enjoyment of the game and spectating. The new facilities would allow refreshments to be provided and a place to gather providing a welcoming environment and would also provide shelter.

• Highway Arrangements - provide greatly improved parking arrangements on match days with 32 spaces provided at the site, and a further 8 adjacent Far Lane.

• Social Facilities - Provide enhanced social facilities for open age teams which is considered to be an integral part of the game, and is expected by each club, where food is provided and players and officials join together for a social drink. The provision of social facilities is considered to be important to form a team ethic and togetherness which is considered to be a key component of keeping the team together for so many years.

• Provide Community Hub - Provide a family friendly environment that serves all teams which form Hepworth United, and the wider community.

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• Improve Financial Sustainability – the proposal would enhance the financial sustainability of all clubs which form Hepworth United and would allow the club to increase revenue by selling snacks and refreshments to people already attending the site.

The case put forward by the applicant will now be considered in detail. Principle: The site is allocated as Green Belt within the UDP and therefore national guidance set out in section 9 of the National Planning Policy Framework (NPPF) is relevant to the principle of the development. New development within the Green Belt is restricted and the erection of new buildings within the Green Belt represents an inappropriate form of development which is by definition harmful to the openness of the Green Belt. The proposed erection of a clubhouse with changing facilities, and associated parking for Hepworth United Football Club is considered to represent facilitates for outdoor sport and recreation. Paragraph 89 of the NPPF and Policy D10 of the UDP are most relevant for such developments, the most relevant sections are set out below. 89. A local planning authority should regard the construction of new

buildings as inappropriate in Green Belt. Exceptions to this are: o provision of appropriate facilities for outdoor sport, outdoor

recreation and for cemeteries, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it;

D10 In the green belt proposals for outdoor sport and outdoor Recreation,

including related facilities, will be considered having regard to:

i. the scale and siting of any ancillary buildings, Spectator accommodation, access roads and parking Areas which should not exceed what is essential for the sporting or recreational activities proposed;

ii. the effect on the landscape, trees or woodland, Wildlife or the enjoyment of any public right of way or access area; and

iii. the level of traffic movement, noise and other disturbance which would be generated.

As set out above the erection of facilities for outdoor sport and recreation can be considered to represent exceptions to inappropriate development within the Green Belt, however detailed consideration needs to be made in relation to their impact on the openness of the Green Belt and should not conflict with the purposes of including landing within the Green Belt as set out in paragraph 80 of the NPPF, the most relevant of which is preventing encroachment into the countryside. The facilities need to be what is considered appropriate and essential for the use at the site, and account

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should be taken in relation to ecological, highway and amenity impacts of the development. The provision of a new clubhouse and realigned playing fields is also considered to represent a community facility for the residents of Hepworth and the wider community. The principle of the development therefore also needs to be considered in relation to Policies C1 and C2 of the UDP, and paragraphs 70 and 73 of Chapter 8 of the NPPF. The most relevant sections are set out below: C1 Community facilities should be provided in accessible locations. This

will normally be town and local centres. C2 In circumstances where it is clearly in the interest of those who will be

served, community facilities will be permitted in locations separate from existing centres provided that:

i the development can be accommodated without causing

disturbance to the surrounding neighbourhood; and ii there will be no detriment to highway safety.

70. To deliver the social, recreational and cultural facilities and services the

community needs, planning policies and decisions should: • plan positively for the provision and use of shared space, community

facilities (such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship) and other local services to enhance the sustainability of communities and residential environments;

• guard against the unnecessary loss of valued facilities and services, particularly where this would reduce the community’s ability to meet its day-to-day needs;

• ensure that established shops, facilities and services are able to develop and modernise in a way that is sustainable, and retained for the benefit of the community; and

• ensure an integrated approach to considering the location of housing, economic uses and community facilities and services.

73. Access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities.

As Hepworth is considered to be within a rural area, policies in Chapter 3 of the NPPF are also relevant, and in particular paragraph 28, the most relevant sections are set out below:

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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. To promote a strong rural economy, local and neighbourhood plans should: • promote the retention and development of local services and

community facilities in villages, such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship.

The proposed relocation of the clubhouse to the playing field of Hepworth United involves six distinctive elements, the provision of new changing facilities, a new car park, the re-grading of the existing football pitches, the provision of ancillary/other facilities to support the operation of the football club on the site, and the provision of a clubroom and bar. The loss of the existing facility in the village also needs to be considered, along with the community benefit provided by the development. Each of these elements will be assessed in detail below in relation to the policies set out above. Changing Facilities The provision of new changing facilities at the site has been previously supported under applications 97/93239 and 2003/95305, and the proposal includes 112m2 which solely forms changing rooms for teams, and officials. The size of the proposed facilities has been considered by Sport England to ensure they meet Football Association (FA) standards, Sport England state:

“The FA has discussed this scheme with the club and are supportive of their ambitions to build a changing facility on site. The existing changing facilities are off site above a social club and this project will provide them with a facility that is fit for purpose. The application is technically compliant and The FA is fully supportive.”

The new changing facilities are therefore considered to be of a necessary and appropriate scale, and would provide much need on site provision for the football club. The proposal would enhance the facilities currently provided to the benefit of the club and also the wider community, by access to improved high quality facilities, and improved opportunities to play sport. The playing fields have a long term established use as a sports pitch and the changing rooms are considered to be essential to provide on-site facilities. The principle of this element of the building is therefore considered to be acceptable and would meet the requirements of paragraphs 28, 70, 73 and 89 of the NPPF and Policies D10, C1 and C2. Car Park The proposal includes the provision of off street parking for 32 vehicles adjacent the proposed clubhouse with a further 8 spaces adjacent Far Lane. The spaces would be provided for players, officials, coaches, family, friends and supporters to park off street on match days and on training days. The proposed parking provision as discussed later in this report, would improve existing highway arrangements for the site where vehicles have to park on one side of Far Lane during matches.

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In Green Belt terms, the parking areas are considered to be an appropriate and essential requirement to support the established football activities which take place at the application site. The provision of 40 spaces in total is considered to be an acceptable level to meet the demand created when teams play at home, where the applicant has stated there can often be around 40 people in attendance at matches when players, coaches, officials, family, friends and supporters are combined. Objectors have also detailed that vehicle numbers parked along Far Lane on match days can range from 19-59, with an average of 31 over the period surveyed. The provision of 40 spaces would therefore also meet the majority of parking provision already created by the operations of the football club on the site. The provision of a car park would also provide a wider highway safety and community benefit to local people, by removing cars from Far Lane, and removing multiple trips from the existing clubhouse within the village to the playing fields as discussed in detail later. The parking spaces would support the operation of the clubhouse at the site, and would retain the open character of the Green Belt. While the car park would lead to changes in terms of surfacing, this is on balance considered to be acceptable, and the use of alternative surfacing such as grasscrete could be explored to limit the visual impact of the parking area and such detail could be conditioned. The parking spaces are therefore considered to have an acceptable impact on the character, appearance and openness of the Green Belt, and would be of an appropriate and essential requirement for the clubhouse to operate at the site. The car park would improve highway safety arrangements at Far Lane and would reduce multiple trips to the benefit of the local community. The car park is therefore considered to meet the requirements of paragraphs 70, 78 and 89 of the NPPF and Policies D10, C1 and C2. Re-Grading of Pitches The re-grading works to the existing two football pitches would lead to the formation of one open age pitch located to the north of the of the site, a 9 a side junior pitch in front of the clubhouse, measuring 70 X 40 yards and a smaller junior pitch for 7 a side matches measuring 50 X 30 yards to the east of the clubhouse. All pitches would have an east west orientation. The re-grading of the existing playing pitches are considered to be acceptable in principle, and would provide better pitches to serve the needs of the club and the local community, and are considered to be essential and appropriate for the established use at the site. The club has a large junior section, and the provision of two junior pitches of differing sizes will support the operation of the junior section of the club, improving and maximising the playing provision of the site within the clubs control and enhancing local people’s access to high quality playing facilities. Sport England raise no objection to the re-grading of the pitches, and the proposal would lead to just under 90% of the application site being retained for sports pitches.

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It is therefore considered that the works to re-grade the pitches would preserve the openness and character of the Green Belt and are of an appropriate scale. The proposal would improve the quality of the playing pitches provided, and also improve opportunities to access sport and recreational facilities. The works are therefore considered to be acceptable, and would comply with the requirements of Chapters 8 and 9 of the NPPF. Ancillary Facilities As well as changing rooms, the clubhouse would accommodate a number of other ancillary facilities to support the football activities which take place at the site. The additional facilities include male, female and disabled toilets, kitchen facilities to provide refreshments, external shelter, and internal storage. The scale of ancillary facilities has been reduced during the course of the application and are now 48% smaller than originally proposed. It is acknowledged that the provision of toilets outside those provided the changing rooms for juniors, family and friends and spectators watching matches, a kitchen area to serve refreshments, and some additional storage are all essential for the operation of the football club on the site and are accepted. As set out above the existing arrangements at the site mean that basic facilities for players, coaches, officials, family and friends and supporters are lacking at the playing fields which would be met by the development. The club has detailed that players of a number of junior teams have left the club over recent years to alterative teams in the local area, solely on the lack of basic facilities provided at the playing fields. These proposed facilities are also considered to be appropriate and a reasonable requirement for the development, and would enhance the facilities provided to the benefit of the wider community. The provision of kitchen facilities will allow for refreshments to be provided before during and after matches and training sessions, which is an expected requirement for teams of the size of Hepworth United. Such facilities are provided at most other clubs locally which are of a similar scale, and the inclusion of an external servery ensures that there would be access to refreshments without having to enter the main building. The provision of the kitchen facilities would also provide the club with an additional source of income to support the teams, and would safeguard long term viability of the community facility provided by the development. The applicant has suggested in submissions that providing refreshments to only 50% of those currently attending matches/training sessions, and refreshments to those attending award nights could equate to an additional source of income of £6,475 per year. The club has provided details to demonstrate that it has lost £7,411 over the last 3 years, and this potential additional form of revenue would lead to the club breaking even or providing additional money which could be used to reinvest into the club and to the benefit of the local community.

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The proposed ancillary facilities are therefore considered to be appropriate and essential for the operation of the football club at the site, and would greatly improve the facilities provided at the site. The ancillary facilities would also assist in safeguarding the long term viability of the club. The proposal would therefore meet the requirements of Policies C1, C2 and D10 of the UDP and paragraphs 28, 70 and 73 89 of the NPPF. Clubroom and Bar Further to the provision of the other ancillary facilities as set out above, the application also proposes the provision of a Clubroom with a bar, to support the operation of the football club at the site. Consideration of this element of the clubhouse needs to be considered in detail. The clubroom and bar now occupies a total of 62.6m2 of the building or 23%. Originally the clubroom and bar occupied 122.28 m2 (29%). The clubroom and bar have therefore been reduced in scale by 49% from originally proposed, though it should be noted that the proposed clubroom and bar represent an increase on the current provision at Towngate, where the existing facility provides 41.25m2 of clubroom/bar space. While the proposed clubroom and bar are larger than that which currently operates at Towngate, the applicant has provided information to detail that the existing facility is of insufficient size to accommodate two teams, coaches, officials, family, friends and supports after a match. The applicant considers the increase in size by an additional 20m2 would allow for those involved/attending matches to be accommodated in a more comfortable environment, instead of being extremely cramped which is what is currently experienced. This is especially important throughout the winter months when there can be inclement weather. The provision of a bar is considered to be important to senior sides, as the social element of open age football is considered to form an integral part of senior football. Furthermore the applicant has stated that the existing facility is not used by junior sections of the club, and the proposed clubroom would also provide space for junior teams to meet, gain refreshments, have presentation nights, and provide a space for coaching/educational sessions to be held. Currently the club does not have such a space and it is considered that the provision of the clubroom space would provide a multifunctional space to support all teams which form Hepworth United, both junior and senior men’s and women’s teams. The applicant has also stated that the provision of the clubroom and bar would allow for a family friendly environment to be created at the site, where parents could socialise if desired when children are having training sessions or playing outside in a safe space. The applicant has also detailed that they would like the facility to be used by the wider community, and would welcome membership by any local residents of Hepworth or further afield as is currently the case to support the football club.

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The applicant has provided detail that the existing clubroom and bar provide an important source of income for the football club with 91% of the clubs income over the past 4 years generated by bar sales. Income is highest on Saturdays with 44% of takings, of which 85% is generated in the football season, with only 15% generated in the off season, highlighting that the clubroom and bar is most significantly used by football related actives at the site. It is therefore considered that the applicant has sufficiently demonstrated that the clubroom and bar are essential to supporting the activities of the club, and provide an essential source of income for the club. The scale of the clubroom and bar have on balance been demonstrated to be what is appropriate and essential, for the operation of the football club at the site, and would provide a multifunctional flexible space for the football club and the wider community. The provision of the proposed clubroom and bar would therefore comply with the requirements of policies C1, C2 and D10 of the UDP and the requirements of paragraphs 28, 70, 73 and 89 of the NPPF. Loss of Existing Clubhouse The loss of the existing clubhouse from Towngate also needs to be considered in relation to the principle of the development as it would lead to the loss of an existing community facility located within the village centre. As set out above in paragraph 70 of the NPPF planning decision should guard against the loss of valued facilities such as that provided by Sports and Social Club in the village. Officers have questioned in detail the need for the new social/clubroom space at the application site given the existing provision at Towngate within the village centre. The applicant has however provided information detailing that the existing social facility is used predominantly by members of open age teams of the club, and provides only a limited facility for the wider villagers of Hepworth. The applicant has stated that previously high social membership brought about by 2 pool teams and a darts team has reduced over the years, and the social membership of the club is much smaller today than in years gone past. In June 2011 social membership stood at 54, however in June 2014 it is 17, a reduction of 70%. The applicant has provided detail of the measures taken to increase social membership which included a membership drive in 2012 with letters sent to residents, subscription to Sky Sports, weekly quiz nights, folk nigh music and the use of the existing facilities for functions. However the measures have not increased social membership/attendance to the social club and the existing clubhouse is only open on a limited nights in the week, with the bar being predominately run by volunteers when previously there were paid members of staff. The limited number of social members has reduced income for the existing facility and this has led to the social club now making a loss of £7,411 over the last three years, with losses incurred annually over the 3 year period.

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There has been a reduction in bar sales of 43% in June 2014 from June 2011 and a reduction in sales of £7,059 over the last 12 months. As set out above, most income is generated on Saturdays 44% and most during the football season, and from football related actives. The applicant has also provided detail on how it intends to increase revenue for the club to account for the current loss which is experienced, with a potential increase in sales of £6,475 per year as set out above. Given the information provided above, it is considered that the applicant has sufficiently demonstrated that the existing clubhouse is not fit for purpose, has only a limited number of social members and is currently operating at a small loss. The existing facility could close if it continues to make a loss, to the detriment of the football club which may have to fold, but also the wider local community. The applicant has provided sufficient details of how it intends to increase revenue to account for the shortfall in revenues. The provision of a new clubhouse at the application site of the size proposed is therefore on balance considered to be acceptable by Officers and would safeguard against the loss of a community facility within the village. Community Benefit The community benefit of the development needs to be considered in relation to paragraphs 28, 70 and 23 of the NPPF and Policies C1 and C2 of the UDP. Hepworth United Football Club, its associated playing fields and clubhouse, are considered to represent a community facility that provides space for the local residents of Hepworth and the wider area all ages to play and coach football, socialise, and provide a space where local families can gather. The information provided details that over 200 players are registered to play for the various teams which form the club, from under 6s through to seniors, with a number of other local people associated with running the club and providing coaching. The social element of the club has also been used by many villagers over the years, though social membership, though this has declined over recent years. As set out in paragraphs 28, 70 and 23 of the NPPF the provision, retention and modernisation of community facilities such as sports venues should be supported through the planning application process, subject to proper separate Green Belt assessment. These sections of the NPPF also detail that planning decisions should guard against the unnecessary loss of valued facilities, and plan positively for their provision, as they provide a benefit to local communities. It is also stated, that access to high quality open spaces and opportunity for sport and recreation can make an important contribution to the health and well-being of communities. Planning Officers consider that the applicant has sufficiently demonstrated that the club provides a significant benefit to the local community and surrounding area, by providing the opportunity to play and coach sport and improve skills and ability through a wide range of age groups. It is also considered that the club provides an additional benefit of providing a space

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where local people, families and friends of players and supports can meet. It is considered that the applicant has sufficiently demonstrated that the existing facility is of a poor standard and proposal would greatly enhance the existing community facility provided by the well-established football club. The proposal would also guard against a potentially unnecessary loss of the facilities provided by the club and would improve the financial viability of the club. The community benefits provided by the development are considered to accord with the requirements of paragraphs 28, 70 and 73, and Planning Officers afforded weight to this benefit in the consideration of the application. Policy C1 of the UDP advises that community facilities should be located in town and local centres, with policy C2 providing scope for community facilities to be provided separate from existing centres, subject to amenity and highway safety considerations. It is noted that the application site is located on the edge of the village with the clubhouse located at the southern end of the site 630 from the village centre, however the application site forms the playing fields of the football club, and has been chosen for such a reason, it is therefore not considered that the site is located in an unstainable location, and is positioned on the site where the community facilities is provided. The location of the facility is considered to be acceptable and would accord with the requirements of Policy C1 and C2. Conclusion on Principle In conclusion the proposed new clubhouse and associated parking area is considered to be acceptable in principle and would provide significantly enhanced modern facilities for the football club and the local community. As set out above, the applicant has submitted significant additional information to demonstrate the need for and to justify the scale of the new building, with the size of building having been reduced during the course of the application. The proposal is considered to represent what is appropriate and essential within the Green Belt given the scale of the club, and the loss of the existing facility within the village is considered to be outweighed by the provision of the enhanced facilities at the application site. It is considered that the proposal would provide significant community benefit and weight is attached to this in the determination of the proposal. The proposal would safeguard the future of the Football Club to the benefit of the local community and improve its long term financial viability. The proposal would therefore on balcony comply with Policies D10, C1 and C2 of the UDP and policies in Chapters 3, 8 and 9 of the NPPF. Highway Safety: The highway impact of the development has been assessed in relation to Policies T10 and T19 of the UDP, and the scheme has been considered by Highways DC who raises objections to the proposed development.

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Highways DC confirmed that the parking layout is workable. Appropriate slight lines are achieved on to Far Lane, and that sufficient servicing arrangements can be achieved for the building given that it would be serviced when not in use, and that there is sufficient space internally for vehicle turning. They do not however consider that the proposed 8 spaces adjacent Far Lane permitted under application 2003/95305 are workable, and have therefore not included them in the assessment of parking demand. They consider that the development would provide 32 off street parking spaces, not the 40 proposed by the applicant. The Highways Officer raises objections to the development due to the scale of the proposal, in particular the size of the proposed clubroom and bar, and due to the potential for an intensification of use at the site in highway safety terms, on a section of local highway network which is considered to be sub-standard. Highway Officers have visited the site on a match day and found only 7 vehicles parked on Far Lane, with only 15 spectators. On site observations suggest that currently the majority of players and officials park in Hepworth near the existing clubhouse and walk to the pitches via a public right of way. The on-street parking on Towngate is assumed to be residential, parking associated with the Butchers Arms, and parking for the existing club house. These arrangements result in congestion with the width of Towngate restricted such that vehicles find it difficult to pass each other. Highway Officers do acknowledge however that the re-location of the club from the centre of Hepworth, and the provision of off street parking at the proposed new club house will potentially ease congestion on Towngate. Objectors have provided evidence which demonstrates that anywhere between 19 -59 vehicles park on match days with an average 31 vehicles being parked on any given day. Highway Officers consider that the proposed 32 space car park is unlikely to accommodate all of the parking on some match days, and there is concern that improved facilities will encourage spectators to stay longer increasing the length of time vehicles park on-street. Highways DC conclude their assessment by stating:

The size of the clubroom remains highways main concern with this proposal. It will be a destination in its own right with the relocation of the existing social club from Towngate. In the past the Social Club was thriving and open every night of the week accommodating 2 pool teams and a darts team. This meant that the social membership base was much larger than today. Whilst the social side of the existing club is said to be in decline the aim of this application is to promote the use of the social club by improving facilities. Reported events at the existing social club also include Tapas Nights, Cheese and Wine Nights and Quiz Nights. The applicants state that they have offered the club room and pitch for functions including a wedding in the past but say they will not be doing so if the club is relocated.

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There are no footway provisions on Far Lane and the existing street light provisions end at the junction with Far Field Avenue approximately 230 metres to the north of the proposed access. There is an un-made public right of way that links Towngate and the centre of Hepworth to Far Lane and the football pitches. This is currently well used on match days. Given that this footway is un-made and unlit it is unlikely that this will be used for events in the evening.

Given the sub-standard nature of Far Lane with a lack of footway and street lighting provisions it is considered that the majority of customers will visit the proposed club house by car which will generate traffic on Far Lane at times when the football pitches are not in use. The relocation of the social club will potentially result in on-street parking on Far Lane for longer periods and intensification in the use of Far Lane at times when the football pitches are not in use which is considered to be to the detriment of highway safety. This application should therefore be refused on highway safety grounds.

The comments of Highways DC have been considered in detail by Planning Officers. The size and operation of the clubroom has been discussed at length between Planning Officers and the applicant, and has been reduced on a number of occasions. It is acknowledged that the clubroom and bar is larger than the existing facility within the village. However it is considered that the applicant has sufficiently demonstrated that the size of the existing facility is substandard, and that the size of the proposed clubhouse, including clubroom and bar is of an appropriate and essential size to serve the operation of the football club. The applicant has demonstrated that the clubroom and bar would be used subserviently to the operation of the football club at the site. The clubroom and bar would be used for football related activities such as providing refreshments, before during and after matches, providing space for players, officials, coaches, family, friends, supporters to gather and to socialise, and also provide a space that can be used for presentations, signing on nights, educational and coaches sessions, and for fundraising activities associated with the football club. Given the information provided, Planning Officers do not consider that the clubroom and bar are of an inappropriate size, and do not consider that it would lead to being a destination in its own right. Parking surveys submitted by objectors for vehicles along Far Lane and surrounding roads have demonstrated that anywhere between 19 -59 vehicles park on match days with an average 31 vehicles being parked on any given day. The provision of 40 off street parking spaces would remove all but the worst levels of parking experienced along Far Lane to the benefit of highway safety locally, and to the operation of Far Lane. Multiple trips between the existing clubhouse at Towngate and the playing pitch at Far Lane would be also be removed, and demand for parking in and around Towngate would be

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greatly reduced to the benefit of highway safety within the centre of the village. On balance therefore given the information put forward by the applicant, the proposed new clubhouse is considered to have an acceptable impact on highway safety, and would provide significant highway benefits to the local area. Consideration has been made regarding the potential future use of the existing clubhouse at Towngate, and any potential highway implications of this use, given that this would remain a D2 use in the village. However given the limited scale of the existing building at approximately 60 square metres, it is considered that any future use would not be as intense as that experienced currently by the operation of the football at the site, and a highway benefit would still be provided if an alternate D2 use occupied the building. It is therefore considered that no control would be required to seek an alternative use for the building on this occasion. Pedestrian Safety and Cycle Provision Turning to pedestrian safety, it is acknowledged that there is no footway proposed along Far Lane between the proposed clubhouse and the centre of the village. This however is the same as the current situation for the existing clubhouse and playing fields. Indeed no footways are currently provided along any part of Far Lane with only narrow sections provided at points along Towngate. The application site is located 630 metres from the centre of the village, a walk of approximately 10 minutes. The sites location is therefore not considered to be unsustainable in terms of its location, and while the lack of footway provision is not idea, it is a situation which is currently experienced along Far Lane, and within the village. Furthermore the existing pedestrian access point to the north of the playing pitches would be retained, allowing pedestrians to walk along the edge of the playing field before joining Far Lane. To ensure that there is some improved pedestrian link between the clubhouse and the existing pedestrian access point to the playing fields a condition will be imposed requiring approval of details of such a link. A condition will also be imposed seeking the provision of cycle parking in accordance with Policy T16 and T17, to improve options for sustainable modes of transport to the site. Public Rights of Way (PROW) The application is site is bound by Public Right of Way (PROQ) Hol/144/70 and the application has been considered by the PROW Officer and in relation to Policy R13 of the UDP. Hol/144/70 is located to the north of the site and the proposed works are not considered to impact on the operation of this PROW, or any others in the surrounding area. A note will however be attached to the decision notice advising the applicant of its location, and its protection. Subject to this note the PROW is considered to be sufficiently protected by the development.

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Conclusion on Highways In conclusion and on balance the highway arrangements for the proposed development are considered to be acceptable, and the development would bring about a number of highway benefits such as removing multiple trips from the village centre to the playing fields, and removing on street parking along Far Lane. The proposal would provide sufficient pedestrian and cycle facilities and the proposal would comply with the Policies T16, T10, T17, T19 and R13 of the UDP. Design: The design of the proposed building needs to be considered in relation to UDP Policies D2, BE1, BE2 and BE23, and also design policies set out in the NPPF. All the policies seek to achieve good quality design that retains a sense of local identity, which is in keeping with the scale of development in the local area and is visually attractive, and incorporates crime prevention measures. The design of the clubhouse has been amended and as set out above is now considered to be of an acceptable scale. Visually the appearance has also been amended to reflect a more agricultural vernacular, with the use of timber boarding to the rear, side and part of the front elevation with the remainder constructed from natural stone, with the roof covering being profiled steel sheeting. The southern rear and western side elevations of the building would be predominantly blank, with the main windows proposed to serve the clubroom with floor to ceiling windows allowing views of the pitches from inside. The amendments to the design are considered to be acceptable in principle and would lead to the building having the character of an agricultural building. The proposed use of cedar cladding is of a slight concern as it would reflect a more modern urban character, but the principle of cladding is considered to be acceptable, and the use of Yorkshire boarding could form a more appropriate material to retain the agricultural vernacular. In light of this and to ensure the other materials of the building retain an agricultural appearance, a condition will be attached requiring the prior approval of materials. The applicant also includes the installation of roller shutters to improve the security of the building, the provision of the shutters are considered to be acceptable given the additional security benefit which they provide. However to ensure that the shutter boxes have an acceptable impact on visual amenity, they will be conditioned to be internally located. The design of the proposed building is therefore considered to be acceptable and would meet the requirements of Policies BE1 and BE2 of the UDP and Policies in the NPPF. The Police Architectural Liaison Officer (PALO) has also assessed the submitted proposal given its location away from natural surveillance. The PALO has requested a number of crime prevention measures be incorporated into the development as there is particular concern that the clubroom could be targeted. The PALO has provided detailed comments which in summary

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request that roller shutters are installed, windows and doors meet Secured by Design standards, roof construction is sufficient to prevent break ins and an intruder alarm and CCTV systems are installed to the building. The requirements of the PALO are considered to be able to be delivered by the development, and to ensure that final details are provided prior to development commencing a condition is proposed to meet the requirements of Policy BE23 of the UDP and Policies in the NPPF. Amenity: The amenity impact of the development needs to be considered in relation to Policy EP4 of the UDP and Policies in the NPPF, the amenity impact of the development has been assessed by Environmental Services. The closest residential properties to the proposed clubhouse are located to the south east of the site, with the closest being Down Shutts Farm approximately 105 metres away. Further to the south west are Greenfield Farm 120 metres away, and also Crimes House 230 metres away. To the south west is Lower Intake approximately 195 metres away. To the northwest the closest property is Green Acres which would be located approximately 175 metres from the proposed clubhouse. Other properties are then located further to the north/north west along Far Lane, Far Field Avenue and Far Field Bank, with the main village of Hepworth Located to the north. Given the separation distance to the surrounding properties the proposed clubhouse is not consider to cause a detrimental impact to the amenity of these properties. While the applicant has not confirmed details regarding the hours of use of the proposed clubhouse, it is considered most likely to be busy on Saturdays or Sundays when teams are playing at home. Matches for open age men’s and women’s teams kick off at 2pm on Saturdays or Sundays, with matches completed by approximately 4pm, matches are also played occasionally on evenings when light permits. Junior matches are played generally on weekends usually in the mornings. It is therefore considered that the site would be used most at a weekend and predominantly on a Saturday or Sunday. The applicant has stated that the clubhouse would be used most when matches or training sessions are on either before matches or training to allow players and official to change and after matches and training sessions to allow players, officials, family friends and supports to socialise. It has also been advised that the facilities would be used on occasion for presentation nights, or social functions to raise money for the club. Therefore there may be some activities at the site in the week, however this is considered to be detrimental to amenity, and is considered to be acceptable. In the interests of the protection of the amenity of properties in the surrounding area, the hours of use of the premises will be conditioned for all the days of the week to only operate between 8am to 11pm Monday to Saturday and 9am to 11pm on Sundays and Bank Holidays.

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Environment Services raise no objection to the proposed development on noise grounds, however they advise that a note is attached regarding construction noise, which will be included in the recommendation. The application also proposes the use of a biomass boiler. Environmental Services state that the whole Kirklees Council area is a smoke control area, and the minimum requirements are that all biomass boilers installed in the area must be exempted appliances under the Clean Air Act 1993 and the height of the chimney serving any biomass boiler capable of burning more than 45.4 kg an hour of fuel must be approved by the Local Authority. The use of a biomass boiler is in principle considered to be acceptable and while this would lead to the installation of a chimney/flu on the building it is not considered that this would be significantly visually detrimental. However given that no specific design details of the boiler are provided a condition is proposed requiring the submission of details. Subject to the above conditions the application is considered to have an acceptable impact on local amenity and would comply with the requirements of Policy EP4 and Policies in the NPPF. Consideration also needs to be made in relation to any potential for light pollution affecting the local area given that the clubhouse would operate most in the winter, during the football season where natural light is at its most limited. It is therefore likely that the development will require some external lighting to the building to support the general operation of the clubhouse, but also for security reasons. The principle of lighting at the site is considered to be acceptable to allow for this, however details of the lighting to be installed needs to be submitted to and approved in writing by the local planning authority to ensure that this is not detrimental to the area, on amenity or ecology grounds. A condition will be attached to the decision notice. Drainage: The drainage arrangements for the site forms two distinctive elements the proposed non mains drainage and surface water drainage. The application has been assessed by the Councils Environmental Services Officer and the Environment Agency in terms of non mains drainage and by the Strategic Drainage Officer in relation to surface water. The application has been considered in relation to the policy requirements of the NPPF, and guidance in the PPG. Non Mains Drainage Non mains drainage arrangements for the proposed clubhouse now propose a package treatment plant which is considered to be the best solution for the site given its remoteness from the main sewer and given the proposed use. Environmental Services and the Environment Agency do not raise any objections to this proposed system and Indicative details of the system have been provided. The submitted details are considered to be acceptable in principle to the Environmental Services and the Environment Agency, however final details of the system to be installed need to be submitted prior

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to the development being brought into use. This is conditioned as part of the recommendation. A note is also attached regarding the potential need for an environmental permit as advised by the Environment Agency. Surface Water Drainage Surface water drainage arrangements have been considered by the Councils Strategic Drainage Officer. The applicant has proposed the use soakways which are considered in principle to be acceptable. However any connection to adjacent watercourses that may be required will need to be restricted should soakaways prove not to be viable. Sustainable drainage techniques are supported under Planning Policy and permeable parking such as grasscrete or similar and the use of rainwater harvesting/grey water recycling is also advised. In order to protect nearby watercourses therefore, detailed drainage design should be submitted by condition before development commences, this will be conditioned as part of the recommendation. Conclusion on Drainage In conclusion the drainage arrangements for foul and surface water are considered to be acceptable and would comply with the requirements of Chapter 10 of the NPFP, and guidance set out in the PPGs. Ecology: The ecology impact of the development has been assessed by the Councils Ecologist and informally by the Councils Arboriculturalist and in relation to Policy NE9 of the UDP Policies in Chapter 11 of the NPPF. The Ecologist and Arboriculturalist raise no objection to the scheme, but do recommend a number of mitigation/enhancement measures to protect and enhance local ecology. The Ecologist has advised that the development will be predominantly located on amenity grassland, though it is acknowledged that there would be some clearance of larger vegetation to form the new access. After discussions with the agent to clarify the extent of these works, it has been confirmed that no trees will be removed from the site and parking/access will not impact on root zones. The trees in the south western corner of the site adjacent the proposed new access, and the two trees against the proposed 8 parking spaces adjacent Far Lane have now be protected via Tree Preservation Order TPO by the Arboriculturalist. The majority of the development is kept away from the crown spread of these trees, however parking spaces 1-5 would be located under the crown spread of trees. The formation of these spaces is not considered to have a detrimental impact on the trees, and a condition requiring the submission of a method statement is therefore attached to the recommendation. The watercourse/stream which runs to the west of the site also been considered by the Ecologist, however it is considered unlikely that it would have any protected species such as water voles as it is not permanent. It is

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therefore considered that it will be possible to mitigate any potential impacts and these are likely to be limited. An ecological mitigation plan is therefore conditioned as part of the recommendation. In conclusion subject to condition the proposed development is considered to have an acceptable impact on local ecology and would be enhanced by the development. The proposal would therefore comply with Policy NE9 of the UDP and Policies in the NPPF. Representations: In total 188 comments in objection have been received for the proposed development and 47 in support. The comments in support are noted, and a response to the points raised by objectors is set out below:

• The proposed building will not contribute anything to the village and would be detrimental to Hepworth. The existing clubhouse in the village provides sufficient social facilities and is located in the heart of the village, if this moves out of the village the existing social facilities would be lost.

• Hepworth United already have a club house and changing rooms which fit in quite well with the size of Hepworth village, and is quite adequate for a village club.

Response: The applicant has provided sufficient information to demonstrate that the existing clubhouse is no longer viable given the limited social membership levels, and relies on the operation of the football club. It is therefore concluded that the existing clubhouse could close at any point removing the existing facility. The proposed relocation of the clubhouse adjacent the playing fields enhance the facilities for the football teams, which in addition provides a community beenfit, but also ensure that a social area remains for the village.

• The proposed function room is an inappropriate development not essential to the football pitches and are optional under Sport England guidance. It will generate noise, disturbance, smells and pollution. Currently disturbance is caused by the use of the football pitches however this is only limited to playing times, the proposed clubhouse would significantly increase this levels of disturbance in an evening and throughout the week. No details of hours of operation are given.

• The sale of alcohol and food is not relevant to the activities of the football club, there are already a number of venues locally which provide such facilities such as the Carding Shed. It is not understood why a club the size of Hepworth requires such a facility, and there is concern that additional non-football related actives could occur at the site such as weddings or other events to the detriment of local amenity and highway safety especially if the club struggled financially. No detailed information has been provided to demonstrate the financial sustainability of the football club. Therefore there is concern that the

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club could need extra activates to take place at the site or the club may even fold given that it is currently unsustainable, for example it has been stated that the clubhouse could be used by other groups such as cyclist, schools etc.

• The provision of a large bar/function room for the sale of alcohol is considered to be inappropriate, especially given that the junior members make up to around 80% of club membership, with only 20% by adults.

Response: The proposal does not include the provision of a function room, but a multifunctional clubroom space which will be used for various activities associated with the football club. The requirement for the size of clubroom and provision of bar have been adequately demonstrated by the applicant. The space would provide benefits to all teams that form the club from juniors to seniors and would provide a wider community benefit to local residents and children. It is also not considered to be of a large enough size to be able to hold large functions. The amenity impact of the use of the whole clubroom given its location away from residential properties is considered to be acceptable.

• The openness of the Greenbelt is not preserved by this construction,

and the proposal would be detrimental to visual amenity. The proposed building is of an urban design out of keeping with the character of the local area, and be detrimental from views from the adjacent public footpath. The materials proposal are not considered to be acceptable.

• A sensible building/changing room could be acceptable using existing access and creating parking spaces and making it fit in with the surrounding area but the proposed clubhouse is not justifiable.

• Sport England Guidance on facilities does not require the erection of a club/function room, bar / dining area, kitchen, office, boiler/plant room. Consequently the Architect’s statement that this extra accommodation is genuinely the minimum required in accordance with Sport England is inaccurate.

Response: The applicant has sufficiently demonstrated that the proposed clubhouse would be appropriate and essential for the operation of the football club at the site as set out above, and the facilities provided are considered to be of an acceptable scale and would provide a benefit to the local community as well as the football club.

• The size of the building would seem to be in direct conflict to our local environment. Something along the lines of Hade Edge clubhouse may be acceptable.

Response: The Hade Edge Football Club building is 240 square metres in size with a clubroom 50 square metres in size, the proposed building is 275.8 square metres with a clubroom 54 square metres in size. The proposed clubhouse for Hepworth United is considered to be of an acceptable scale.

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• Any boundary planting would not sufficiently screen the building from

close and long distance views, the trees are deciduous and would not be in leaf for 6 months of the year which would also be the football season.

Response: It is acknowledged boundary treatment would not necessarily provide sufficient screening for the building, however the principle of development is considered to be acceptable in Green Belt terms for the reasons set out above. Any propose planting would therefore enhance biodiversity at the site as well as providing some limited screening, a landscaping and biodiversity condition mitigation plan is attached to the recommendation.

• The proposal will increase traffic along Far Lane which is currently a quiet, rural, narrow lane, and would be detrimental to highway safety along the lane. The proposed building would need to be serviced by large delivery vehicles and inadequate sightlines would be achieved.

• The proposal would represent an intensification of use at the site increasing vehicle movements locally, other developments along Far Lane have been refused on highway grounds. It is considered that proposal would attract other non football related actives at the premises increasing traffic and potential for disturbance, and this would occur throughout the year, instead of the currently limited 7 months during the football season. Proposals to encourage drivers to go to the site via alternative routes away from the village centre could not be enforced, and may have little benefit.

• The roads leading to the site are country roads with no footways and has no street lighting. Approaching the site from either direction will increase the risk to pedestrians, cyclists and horse riders. Given the lack of footways the proposal would provide poor pedestrian access.

• Parking for the football pitches at the moment completely blocks off one side of the already narrow road and the proposed plans have no way near enough spaces for the clubhouse they are proposing to build. The proposed 8 parking spaces adjacent Far Lane are not considered to be workable and would not be used.

• There are already 20-40 cars on ordinary match days with more on finals. Once they vacate the Clubhouse in the village more cars will be added to these numbers. They will still be parking on Far Lane / Fairfield Avenue. It should be noted that the club comprises 2 senior teams and 150 Juniors. Only a handful live in Hepworth – all the rest come by car. A survey of parking over 10 match days details that a total of between 19 – 59 cars have parked along Far Lane and in surrounding streets over a , an average of 31 cars per match day.

• There are no calculations for the proposed car park to ascertain how many spaces are actually required. What parking requirements are available for the 6 staff proposed?

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Response: As set out above the highway arrangements of the proposed development are considered to be on balance acceptable. It is considered that the proposal would provide highway safety benefits by removing cars from Far Lane. The club is currently staff mainly by volunteers who are associated with the operation of the club, however if staff are required, it is considered that the parking provided is of an acceptable level.

• There is concern that the proposal would lead to light pollution from the illumination of the car park, and potentially the erection of flood lights for the playing pitch.

Response: The proposal does not include the provision of flood lights which would require a separate planning permission. Any light permission arising from the location of the clubhouse is considered to be acceptable given the scale of the building.

• No Ecology Report has been submitted. The surrounding woodland, fields and adjacent stream are a haven for wildlife, and it is considered that the erection of a clubhouse within close proximity to the wildlife would be detrimental to local ecology. The proposal would have a detrimental impact on the adjacent mature trees.

Response: The ecologist has assessed the proposal and does not consider that it would be harmful to local ecology. An ecological mitigation plan is conditioned as part of the recommendation. The trees within close proximity to the site have been protected under a Tree Preservation Order (TPO).

• The proposal would potentially increase instances of crime locally such as burglaries.

Response: The proposed clubhouse is not considered to lead to an increase in crime and there is no evidence to suggest that such a development would. Sufficient designing out crime measures could be included within the site as set out above.

• The proposed biomass boiler would increase smells and fumes in the

local area detrimental to the local environment. Response: The provision of a biomass boiler is considered to be acceptable in principle subject to a condition regarding the submission of information about the make and model of the boiler which is attached to the recommendation.

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• There has been no proper consultation with the local community in

relation to the development. • Concern has been raised regarding the information provided regarding

consultation with the local community. A number of local residents do not consider that the club has worked with the local community through the course of the application.

Response: Public consultation for the planning application has been carried out on three separate occasions, and the applicant has also held a public meeting through the course of the application to discuss the proposal. Sufficient publicity has therefore been provided for the application. Concerns raised regarding the meetings the club have had with local residents are noted.

• The proposed drainage arrangements for the clubhouse would be detrimental to the local environment.

Response: The drainage arrangements for the scheme have been assessed by the Environment Agency, Strategic Drainage Officer and Environmental Services. It is considered that sufficient drainage arrangements can be achieved for the development for foul and surface water as set out above, and conditions are attached to the recommendation to secure specific details.

• Amendments do not address concerns raised originally to the development. The building is still considered to be too tall and to larger for it to be acceptable in the location and would be detrimental to visual amenity of the surrounding area.

Response: As set out above the amendments to the proposal and the submission of additional information have been reduced the building to an acceptable level, and have sufficiently demonstrated the need for the development. Conclusion: In conclusion the proposed erection of a new clubhouse at Far Lane is on balance considered to be acceptable and represents what is considered to be appropriate and essential for the football club to operate at the site. The new clubhouse would provide new purpose built facilities which would be of significant benefit to the players, officials, coaches, family, friends, and supporters which form Hepworth United and who use the existing facilities. The proposal would safeguard the provision of the sports club within the village, which would be of significant community benefit to the residents of Hepworth but also the surrounding area, and also to the members of the Football Club. The proposal would ensure access to high quality sport and recreational facilities is retained at the site, and the application is supported by Sport England.

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The proposal would significantly reduce existing on street parking problems currently experienced along Far Lane, and remove the need to make multiple trips between the existing clubhouse at Towngate and the application site for training and matches. The proposed building is of an acceptable design, and appropriate drainage and ecology arrangements would be achieved. The NPPF has introduced a presumption in favour of sustainable development. The policies set out in the NPPF taken as a whole constitute the Government’s view of what sustainable development means in practice. It is considered that the proposed development is not in accordance with the principles of sustainable development and the adverse impacts would outweigh the benefits of the proposals in this instance. 9. RECOMMENDATION: GRANT CONDITIONAL FULL PERMISSION Subject to the following conditions: 1. The development hereby permitted shall be begun within three years of the date of this permission. 2. The development hereby permitted shall be carried out in complete accordance with the plans and specifications listed in this decision notice, except as may be specified in the conditions attached to this permission, which shall in all cases take precedence. 3. Development shall not commence until details of all external materials used have been submitted to and approved in writing by the Local Planning Authority. No materials other than those approved in accordance with this condition shall be used. 4. The development hereby permitted shall not commence until a scheme detailing crime prevention measures has been be submitted to and approved in writing by the Local Planning Authority and such agreed scheme shall be implemented before the development is first occupied and shall be retained thereafter. 5. Notwithstanding the approved plans, all shutter boxes for the hereby approved development shall be located internally within the main body of the building. 6. Development shall not commence until, the make and model of biomass boiler (together with chimney specifications, including design details) to be installed at the site has been submitted to and approved in writing by the Local Planning Authority. The approved boiler shall thereafter be installed and maintained in accordance with the approved specifications.

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7. No activities shall be carried out on the premises hereby approved, including deliveries to or dispatches from the premises, outside the times of 0800 to 2300 Monday to Saturday and 0900 to 2300 Sundays or Bank Holidays. 8. No development shall take place until a scheme for the provision of wildlife habitat improvements have been submitted to and approved in writing by the Local Planning Authority. The arrangements shall include:

• a long-term specification and management plan for wildlife habitat conservation and improvements, tailored to the Habitats and Species of Principal Importance and Protected Species (and the potential for protected species

• where relevant: a scheme of invasive species eradication; a strategy for keeping the site free of invasive species;

• artificial bat roosting / swift and swallow nesting sites on the buildings (integral to the new builds);and the,

• timescale for the implementation of the wildlife habitat improvements • The development shall be carried out in complete accordance with the

approved scheme and timescales and thereafter be retained for the lifetime of the development.

9. Development shall not commence until a scheme detailing landscaping, tree/shrub planting, including the indication of all existing trees and hedgerows on and adjoining the site, details of any to be retained, together with measures for their protection in the course of the development, has been submitted to and approved in writing by the Local Planning Authority . The scheme shall detail the phasing of the landscaping and planting. The development and the works comprising the approved scheme shall be implemented in accordance with the approved phasing. The approved landscaping scheme shall, from its completion, be maintained for a period of five years. If, within this period, any tree, shrub or hedge shall die, become diseased or be removed, it shall be replaced with others of similar size and species unless the Local Planning Authority gives its written consent to any variation. 10. The development hereby approved, shall not be brought into use, until the following details for the package treatment works for the development have been submitted to and approved by the Local Planning Authority.

• Make, Model and Size of Package Treatment Plant (PTP) actually installed

• Calculations regarding optimum tank size and capacity (as per paragraph 6.12 August 2014 report by 2H Architecture.

• Location of the PTP. If the location is near to any well, stream or river, evidence that the Environment Agency have been consulted prior to installation.

The installation shall be maintained in accordance with the approved details, and retained thereafter.

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11. Notwithstanding the submitted plans and information, an Arboricultural Method Statement, in accordance with British BS 5837, shall be submitted and approved in writing by the Local Planning Authority before development commences. The method statement shall include details on how the construction work will be undertaken with minimal damage to the adjacent protected trees and their roots. Thereafter, the development shall be carried out in complete accordance with the Arboricultural Method Statement. 12. Development shall not commence until a scheme detailing surface water and land drainage, (including sustainable drainage assessment, percolation tests, outfalls, balancing works, plans and longitudinal sections, hydraulic calculations, phasing of drainage provision, existing drainage to be maintained/diverted/abandoned) has been submitted to and approved in writing by the Local Planning Authority. None of the buildings shall be brought into use until such approved drainage scheme has been provided on the site to serve the development and thereafter retained throughout the lifetime of the development. 13. Before development commences a scheme which indicates the measures to be taken for the control of any glare or stray light arising from the operation of artificial lighting shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed in accordance with the measures so approved and thereafter the artificial lighting shall be operated in accordance with the approved scheme. 14. No development shall commence until a scheme detailing arrangements and specification for the following works have been submitted to and approved in writing by the Local Planning Authority:

• Provision of sightlines onto Far Lane of 2.4 by 43 metres. • Details of gradients achieved for the access and car park for the

development, which shall have a maximum gradient of 1 in 10. • Details of materials to be used in the construction of the access,

parking, and servicing areas of the development. • Provision of secure cycle storage. • Provision of a pedestrian link from the club house to the existing

pedestrian access to the playing fields in the north western corner of the site.

• Design details for the formation and implementation of 8 parking spaces located adjacent Far Lane.

Before any of the development is brought into use, the development shall be completed in accordance with the approved scheme and these works shall be retained for the lifetime of the development.

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Note to Applicant Regarding Package Treatment System – Condition 10 It is likely that a discharge from a package treatment plant will qualify for an exemption from the need to hold an environmental permit, however the applicant is encouraged to fully check the eligibility for an exemption as a permit application will be required if it is not exempt and a permit may be refused. The applicant is advised to contact us on 03708 506 506 to discuss this further. Note to Applicant Regarding Hours of Use To minimise noise disturbance at nearby premises it is generally recommended that activities relating to the erection, construction, alteration, repair or maintenance of buildings, structures or roads shall not take place outside the hours of: 07.30 and 18.30 hours Mondays to Fridays 08.00 and 13.00hours , Saturdays With no working Sundays or Public Holidays In some cases, different site specific hours of operation may be appropriate. Under the Control of Pollution Act 1974, Section 60 Kirklees Environment and Transportation Services can control noise from construction sites by serving a notice. This notice can specify the hours during which work may be carried out. Note to Applicant Regarding Public Rights of Way (PROW) Public footpath number Hol/144/70, which abuts the site, shall not at any time prior to, during or after construction of the proposed development be unofficially obstructed or closed without prior written consent of the Local Planning Authority.

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This recommendation is based on the following plans and reports:- Plan / Report Type Reference Revision Date Received Location Plan 10 A 27/5/2014 Existing Site Survey 55 - 27/5/2014 Proposed Site Layout Plan

60 H 12/11/2014

Proposed Plans and Elevations

66 A 6/11/2014

Proposed Floor Plans 65 A 6/11/2014 Design and Access Statement

- - 3/9/2014

Drainage and Foul Sewage

- - 3/9/2014

Supporting Statement 1 - - 26/6/2014 Supporting Statement 2 - - 14/7/2014 Cover E-mail to Submitted Presentation

- - 25/9/2014

Presentation to Local Community

- - 25/9/2014

Schedule of Public Meetings Held

- - 25/92014

Supporting Statement 3 - - 27/10/2014 E-mail RE Size of Changing Rooms

- - 25/9/2014

Details of Club Accounts - - 27/11/2014

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Application No: 2014/92662

Type of application: 62m - FULL APPLICATION

Proposal: Change of use from builders merchant (Sui Generis) to warehouse (B8), vehicle workshop (B2) and external vehicle storage

Location: Builder Centre, Willow Lane, Fartown, Huddersfield, HD1 6EB Grid Ref: 414385.0 417744.0

Ward: Greenhead Ward

Applicant: Ken Savage, Perrys Motor Sales Ltd

Agent: Thomas Gibson, GD Design Group

Target Date: 25-Nov-2014

Recommendation: FC - CONDITIONAL FULL PERMISSION

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25 © Kirklees Council 100019241 2008 Map not to scale – for identification purposes only 1. SUMMARY OF APPLICATION It is considered that the proposed development would protect visual amenity and highway safety, and subject to suitable conditions it would not result in any unacceptable loss of residential amenity to dwellings in the vicinity of the site. In bringing this vacant site back into productive use it would assist

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economic regeneration and the aims of sustainable development. It is therefore recommended that conditional full permission is granted. RECOMMENDATION: Grant Conditional full planning permission 2. INFORMATION The application is brought to Sub Committee because the site area is over 0.5ha. This is in accordance with the Council’s delegation agreement. 3. PROPOSAL/SITE DESCRIPTION Site The site comprises a large piece of land mainly surfaced in concrete and with two large buildings, one (measuring 42 by 19m) near the north-west corner close to the boundary with Willow Lane, and the other, which is larger (66 by 28m), near the east of the site. Clough House Mill Beck forms the south-western boundary of the site. The site backs on to the rear of residential properties to the east and there is further residential development on the opposite side of Willow Lane to the north. Proposal The proposal is for the change of use of the site from a builders’ merchant (sui generis) to a mixed use comprising warehouse (B8), vehicle workshop (B2) and external vehicle storage (164 cars) Within the larger building, about two thirds of the internal area would be taken up by a warehouse, the rest by offices, dispatch and delivery centre, and staff facilities. The smaller building would be predominantly car storage and as a PDI (Pre-Delivery Inspection) centre. A small external car wash area is to be set up adjoining the smaller building on the east side, 8m x 6.5m. The application form states that there would be 44 full-time employees and that the main hours of operation would be from 0700 until 1800 hours Mon-Fri, 0700 untill1300 hours Saturdays, with no working on Sundays or Bank holidays. An additional statement however says that in addition to this, delivery vans would depart from the premises Mon-Fri at 0600 hours and that there would also be a nightshift commencing 2200 and ending at 0700, with 3 no. vehicle deliveries to the site at intervals throughout the night by articulated vehicles. An explanatory statement goes into further detail about the reason for the proposal. According to this statement, the applicant already operates a number of car dealerships from sites in Huddersfield that are not able to expand so the intention is to take some of the facilities away from these sites, namely parts warehousing and deliveries along with storage and preparation of new and used vehicles, which would then be transferred back to and sold from the existing dealerships.

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4. BACKGROUND AND HISTORY 2001/90948 – Use of part of builders’ merchant’s as ancillary tool hire centre. Permission granted. 98/92270 – Erection of extension – conditional approval 88/01396 – Erection of warehouse, storage, office and showroom facilities – conditional approval 5. PLANNING POLICY Kirklees Unitary Development Plan (UDP) The site is within Huddersfield Town Centre on the UDP proposals map and is within an area in which industrial and warehousing development will normally be permitted.

• TC12 – Industrial and warehousing development in Huddersfield Town Centre

• BE1 – Design principles • BE2 – Quality of design • EP4 – Noise generating and noise-sensitive development • T10 – Highway safety • T19 – Parking standards

National Planning Policy Framework (NPPF)

• Core Planning Principles • Section 1 – Building a strong, competitive economy • Section 7 – Requiring good design • Section 10 – Meeting the challenge of climate change, flooding and

coastal change • Section 11 – Conserving and enhancing the natural environment. • Technical Guidance

6. CONSULTATION RESPONSES Environment Agency – No objection KC Highways Development Management – No objections to the highway safety aspects of the proposal. KC Environmental Services – A noise report should be submitted before the application is determined.

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7. REPRESENTATIONS The statutory publicity period expired on 08-Dec-2014. No representations have been received as a result. 8. ASSESSMENT General Principle: The application will be assessed having regard to the following Policies contained within the NPPF: Core planning principles – Planning should proactively drive and support sustainable economic development. Building a strong, competitive economy – The planning system should support sustainable economic growth. Requiring good design – Developments should function well and add to the overall quality of the area, establish a strong sense of place, optimise the potential of the site to accommodate development, create safe and accessible environments, and be visually attractive. Conserving and enhancing the natural environment – advises that planning policies and decisions should aim to prevent noise giving rise to significant adverse impacts on health and quality of life, while not placing unreasonable restrictions on businesses. Promoting Healthy Communities - planning decisions …should aim to achieve places which promote…safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion. Meeting the challenge of climate change, flooding and coastal change: Planning decisions should take into account flood risk and where possible take opportunities to reduce the causes of flooding. The site is located in a built-up area, close to Birkby Local Centre and Huddersfield Town Centre, and would make efficient use of previously developed land. It would not result in a net loss of an employment site since it would involve replacing one employment use with another. Furthermore the site is allocated in the UDP as an area in which industrial and warehousing development will normally be permitted. It would allow a currently vacant site to be brought back into productive use. The change of use is therefore appropriate in principle and supportive of the aims of sustainable development subject to amenity, environmental and highway factors, which are to be assessed in detail below.

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Impact on amenity: Visual amenity: No external alterations to the existing buildings are proposed. No changes to the boundary treatments are proposed except the replacement of the existing palisade fencing around the entrance gate. The external storage of up to 164 cars would have some impact on the visual character of the site. However, the site is not particularly open – it is only adjacent to the public highway on the north side, and the main vehicle storage areas would be predominantly located away from the highway boundary. Some of the vehicle storage areas, in particular those located towards the south-eastern corner of the site, would be close to the rear gardens of neighbouring residential properties; however it is considered that this in itself would not have a significantly detrimental impact on their outlook, especially considering the site’s former use as a builder’s yard. It is considered that the proposed development would respect visual amenity and the character of the area and would comply with the aims of Policies BE1 and BE2 of the UDP and guidance in Chapter 7 of the NPPF. Residential amenity: The vehicle workshop element of the proposal has the potential to generate a significant amount of noise during the hours of operation. The warehouse and distribution element would also generate a certain amount of noise arising from the loading and unloading of large vehicles, and owing to the scale and nature of the use it would give rise to more intensive vehicle movements including by car transporters. It is noted that the access to the site is directly opposite residential dwellings on the northern side of Willow Lane and parts of the site are close to the rear gardens of residential dwellings on Bradford Road. The agent has stated that to the best of his knowledge, limited night-time operations took place when the site was in use as a builder’s yard. The approved hours of operation on permission 88/01396 for the erection of the original buildings are 0800 to 1800 Mon-Sat only. It has not been possible to establish whether or not these hours have been adhered to since that time. Any evidence of previous breaches of conditions are important material considerations but the agent has not managed to provide any such evidence. The agent has furthermore explained that the proposed use would be unlikely to be viable if the operating hours, including for deliveries and dispatches, were restricted to 0700 to 1800 only. Based on these factors and as a result of concerns expressed by Environmental Services, an acoustic report was requested from the applicant and has been submitted. The acoustic report contains recommendations to provide additional screen fencing to protect nearby residents from noise from the proposed jet wash.

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The report concludes that noise associated with night time delivery activities would be “relatively low” (paragraphs 5.19 to 5.26 of the report) since the activity that would take place within the site, such as forklift truck movements, would be sufficiently far from any residential properties not to cause an unacceptable noise level. At officers’ request, a further report was submitted which goes into more detail about noise associated with vehicle movements and deliveries. This appears to demonstrate that noise levels associated with HGV movements during the night would not give rise to any significant adverse effect. The area is mixed residential and commercial in character, so it is expected that there would be a certain amount of background noise levels over and above what would occur in a purely residential area, and this is reflected in the findings of the report. The report also concludes that noise from forklift trucks unloading goods and from roll cages being wheeled would not be high enough, given the distance to residential properties on Willow Lane to the north and Bradford Road to the east, to cause adverse effects. The report recommends a number of measures to limit noise from the operation of the site. These include switching off external tannoy systems, avoid using external bells at delivery points, and prohibiting the use of reversing bleepers. The Environmental Health Officer’s comments on the report are that ideally the jet wash would be better located on the opposite side of the PDI centre so it would be further away from residential properties, but that the proposal is now acceptable subject to conditions. Officers consider on the basis of the information submitted that the proposed use could operate without it giving rise to an unacceptable level of noise disturbance to neighbouring residential properties, subject to conditions being imposed. These are that the development should be operated in accordance with the submitted delivery management plan, with loading and unloading taking place within the warehouse building not in the open, the number of deliveries and hours of operation to be as specified in the hours of operation statement, no night working for the PDI centre, and acoustic fencing to be provided for the jet wash and retained. No additional external lighting is proposed – the existing floodlights that are mounted on the larger building and illuminate the yard are to be retained. In summary it is considered that the proposed development would not give rise to a significant loss of residential amenity and would therefore accord with the aims of Policies D2 and EP4 of the Unitary Development Plan. Impact on ecology: The proposed development would not involve the loss of, or works to, any mature trees within the site or on its boundary. None of the trees on the site boundary is covered by a Tree Preservation Order.

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The site is in the bat alert layer but it is not considered to have any implications for bats. No demolition or external alteration to the buildings is proposed, the original use could be resumed without planning permission, and furthermore the buildings appear to be sound and could be brought back into use without major repairs or adaptation. The standard precautionary note should be added. Highway safety: 13 staff and managers’ parking spaces are to be provided close to the larger building with a further 5 spaces for motorcycles and 5 for pedal cycles. 21 spaces are to be provided for the parking of vans with an additional area for deliveries and loading. In addition, a secure fenced compound is to be created at the southern end of the site for storage of 70 cars, and another one in the western part of the site for storage of 94 cars. The standard car parking requirement for storage and distribution uses is one space per 150 square metres, which would in this case imply a need for 11 spaces; industrial uses, where located in town centres or locations with good public transport accessibility, are only expected to provide spaces to fulfil their minimum operational requirements. It is considered that employee car parking provision is adequate. Service vehicle parking, for both types of use, should normally be one per 500 square metres. The spaces provided would be in excess of this and the proposed layout shows sufficient space for manoeuvring and loading / unloading of large vehicles. It is proposed that cars would be delivered to site on transporters and offloaded on site which would minimise any inconvenience to highway users. This would include articulated vehicles. It is however considered, that on the basis of the proposed use, the predicted number of vehicle movements, and the arrangements that would be made for access, servicing and parking for the proposed development would not create or materially add to highway safety problems and would accord with the aims of Policies T10 and T19 of the UDP. This is subject to the condition that the parking spaces for staff and delivery vehicles are marked out before the use commences, and that these plus the cycles and motorcycle parking facilities are retained thereafter. The Highway Officer has added as a precautionary note that noise from the operation of the site, including the manoeuvring of vehicles, may have a significant impact on local residents – this issue has however already been assessed under “residential amenity” earlier in the report.

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Other issues: A small part of the site near the south-eastern corner is in Flood Zone 2 but this does not affect either of the buildings within the site. Furthermore, the proposed development does not involve a change from a less to a more vulnerable use. Disposal of surface water is to be by the mains. It is considered that the development would not result in increased water run-off as it would make use of existing buildings and hard surfacing. The proposal is not considered to have any implications for crime and disorder. It is considered that the development does not raise any further material planning issues. Representations: No representations have been made by any third party to date. Conclusion: In conclusion it is considered that the proposed development would protect visual amenity and highway safety, and subject to suitable conditions it would not result in any unacceptable loss of residential amenity to dwellings in the vicinity of the site. In bringing this vacant site back into productive use it would assist economic regeneration and the aims of sustainable development. It would therefore support the aims of the NPPF. 9. RECOMMENDATION Grant conditional full planning permission. Conditions: 1. The development hereby permitted shall be begun within three years of the date of this permission. 2. The development hereby permitted shall be carried out in complete accordance with the plans and specifications listed in this decision notice, except as may be specified in the conditions attached to this permission, which shall in all cases take precedence. 3. The Delivery Management Plan contained within the supplementary acoustic report (part 4) submitted by Jonathan Rigg of ENS Ltd submitted 28.11.2014 shall be adopted and implemented at all times when deliveries to or dispatches from the site are taking place between the hours of 18:00 and 07:00. During these hours, the use of vehicle reversing alarms shall not be permitted and there shall be no external use of tannoys or speaker/bells to telephone systems on the site. Vehicles undertaking deliveries to or dispatches from the site within these hours shall be unloaded in the warehouse not in the yard area.

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4. The numbers of supplier delivery vehicles to the site between 22:00 and 07:00 hours on weekday nights shall not exceed 3 per night, with no deliveries on Saturdays or Sundays. 5. No activities shall take place on site except during the following hours: Monday to Friday day shift 0700 to 1800, night shift 2200 to 0700; Saturday 0700 to 1300 only; with no working at or dispatches from the site on Sundays or Bank Holidays. There shall be no dispatches from the site between the hours of 1800 and 0600 on any day. 6. Notwithstanding the above condition, the PDI centre shall only be operational during the following hours: Monday to Friday 0700 to 1800; Saturday 0700 to 1300; with no working on Sundays or Bank Holidays. 7. Before the jet wash is first brought into use, a 2 metre high acoustic screen fence with a minimum mass of 10kg/m2 shall be installed in the position shown on plan 1204-PRH and thereafter retained. 8. The development shall not be brought into use until all areas indicated to be used for parking and for the loading, unloading and turning of vehicles on the submitted/listed plan(s) have been marked out. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any Order revoking or re-enacting that Order) these areas shall be so retained, free of obstructions and available for the use(s) specified on the submitted/listed plan(s) for the lifetime of the development. This recommendation is based on the following plans: Plan Type Reference Version Date Received Location plan 1204-PRH/P 100 03-Sep-2014 Existing layout 01 03-Sep-2014 Proposed layout 02 03-Sep-2014 Existing elevations PDI centre

03-Sep-2014

Existing elevations warehouse building

03-Sep-2014

Supplementary information 29-Aug-2014 Statement on hours of operation

11-Nov-2014

Acoustic report and screening plan

21-Nov-2014

Additional acoustic report 28-Nov-2014

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Application No: 2014/91283

Type of application: 62m - FULL APPLICATION

Proposal: Erection of extensions to warehouse

Location: Ravenswharfe Mills, Ravenswharf Road, Scout Hill, Dewsbury, WF13 3RD Grid Ref: 423173.0 420568.0

Ward: Dewsbury West Ward

Applicant: G Wilson (Fibres) Ltd

Agent: Kevin Lee

Target Date: 13-Jan-2015

Recommendation: FC - CONDITIONAL FULL PERMISSION

----------------------------------------------------------------------------------------- LOCATION PLAN

Ravenswharf Mills

BACK RAVENSWHARFE ROAD

Cycle Track

PH

Spen River

40.2m

ETL

Pipeline

40.5m

16

Scrap Metal Yard

Scout

Hill T

SCOU

2422

25

27

29

RAVENSWHARFE ROAD

20

42.4m

WAY STREET

© Kirklees Council 100019241 2008 Map not to scale – for identification purposes

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1. SUMMARY OF APPLICATION

RECOMMENDATION: CONDITIONAL FULL PLANNING PERMISSION 2. INFORMATION This application is brought to the Strategic Planning Committee as it seeks permission for an employment use on a site in excess of 0.5 ha in area. 3. PROPOSAL/SITE DESCRIPTION Site Description. The site comprises an area of 0.52 ha and currently accommodates an industrial grouping (Ravenswharfe Mill) of 3 structures and a yard area. The site is located at the junction of Huddersfield Road and Ravenswharfe Road, with the main frontage and access being on Ravenswharfe Road. To the south the site backs onto the River Calder and to the west is the Spen Valley Greenway (the Spen Valley Greenway is in a significantly elevated position to the application site with views down into the yard).

Application Details Type of Development Employment (storage and distribution). Scale of Development 0.52 ha No. Jobs Created or Retained 2 full time 1 part time Policy UDP allocation Unallocated D2 Independent Viability Required N/A Representation/Consultation Individual Support (No.) None Individual Objection (No.) None Petition N/A Ward Member Interest None Statutory Consultee Objections

No

Contributions • Affordable Housing N/A

N/A • Public Open Space N/A • Other Other Issues Any Council Interest? No Planning Pre-application advice?

No

Comment on Application

The development proposed is considered to deliver new employment opportunities and economic growth in the district.

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In addition, the upper ground floor of the Mill is occupied by Jade Windows and Hudson Office Furniture. (These businesses have access off Ravenswharfe Road). The surrounding area is mixed use, mainly industrial but there are residential properties to the north on Scout Hill Road. Proposal Full permission is sought for the erection of two extensions to the existing 2 storey building at the junction of Huddersfield Road and Ravenswharfe Road, (a side extension of 316sq m and a rear extension of 1,080 sq m) to provide additional storage space. Also proposed is a large canopy adjacent to the existing vehicle workshop to the rear of the site, this is to provide shelter for parked lorries. The extensions are to be constructed of profiled metal cladding on a masonry plinth. The existing stone boundary wall to the site along Huddersfield Road is to be retained and repaired. The site is unallocated on the Unitary Development Plan, and located within Flood Zone 2 and 3. 4. BACKGROUND AND HISTORY No relevant history. 5. PLANNING POLICY Kirklees Unitary Development Plan: D2 –Unallocated land B1 – Employment needs of the district B5 – Extension of business premises T10 – Highway safety T18 – Pedestrian/cycle routes. T19 – Parking standards G6 – Land contamination D6 – Land adjoining green corridor National Planning Policy Framework: Part1. Building a strong, competitive economy Part 4 Promoting sustainable transport Part 7 Requiring good design Part 8 Promoting healthy communities Part 10 Meeting the challenge of climate change, flooding and coastal change Part 11 Conserving and enhancing the natural environment

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6. CONSULTATIONS KC Highways - Directed for additional information on the original submission, this information has been forthcoming and amended details submitted which improve the access for HGV’s, improved internal parking and circulation. No objections recommend conditions in the event of an approval. KC Environmental Health - Recommend conditions regarding de-contamination/ remediation; and Air Quality. KC Ecology - The buildings are in good order and well sealed and are unlikely to have any bat roost potential KC Strategic Drainage - Recommend consultation with Environment Agency as the site is in Flood Zone 3 and the extension over 250 sq m. Ie the proposal needs to be considered through a Flood Risk Assessment The Environment Agency - Have considered the submitted flood risk Assessment and nave no objections, subject to imposition of conditions British Coal - Originally objected to this proposal requiring an updated and more detailed coal mining report. This additional information has been submitted. The Coal Authority still raises a material concern. This is to be dealt with by the imposition of an appropriately worded condition. Police Architectural Liaison Officer - No significant issues that would attract an objection from a crime prevention perspective. 7. REPRESENTATIONS The application has been publicised by site notices and neighbour letters. No representations have been received 8. ASSESSMENT General principle: The National Planning Policy Framework part 1 “Building a strong competitive economy” is committed to securing economic growth in order to create jobs and prosperity and indicates that the Planning System should encourage and support sustainable development and not act as an impediment to economic growth. Policy B1 of the UDP indicates that the employment needs of the district should be met by accommodating the extension to existing premises and Policy B5 also supports the extension of existing businesses, subject to their being no adverse environmental or highways effects.

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The proposal is for the construction of extensions to an existing employment complex, within the existing curtilage. The development will maintain existing employment and deliver some additional jobs, the effects of the development on both environmental and highway safety issues are satisfactorily dealt with in the submission, and are dealt with in more detail in this assessment. As such it is considered that this proposal accords with the guidance contained within the NPPF part 1 “Building a strong, competitive economy” and the Councils own UDP policies B1 and B5 in that it supports economic growth and new employment. Highway Issues: As originally submitted there were concerns regarding this application and additional information was requested in particular with regard to HGV’s that were parked on the site and the potential loss of service parking. The additional information and plans that were received confirmed that trailers parked on the site are only temporary and will be removed to another site on the commencement of the work (if approved.) These trailers will not be displaced onto the surrounding highway network which would be unacceptable. The requirement for service parking of 1 per 500sq m (6 HGVs) can be achieved and is shown in an acceptable layout on the revised layout plan The other businesses operating form Ravenswharfe Mill are Jade Windows and Hudson’s Office Furniture Ltd. These businesses only have access off Ravenswharfe Road and do not have access to the service yard for parking and loading. As such the propose extensions will have no impact on their operations. The number of vehicles visiting the site is less than the haulage and distribution business that previously operated from Ravenswharfe Mill. The estimated vehicle movements are: 3 HGV’s per week; 2 light vans per day; and staff and visitors 10 per day. The revised site plan indicates a widened access with a 10m radius to improve HGV turning movements into the site. Given that sufficient off street service vehicle parking is to be provided together with an improved access and internal service vehicle turning facilities these proposals are considered satisfactory from a highways point of view, subject to the imposition of conditions. Impact on Amenity: The extensions are to be constructed of profiled metal sheeting on a masonry plinth and are of a functional industrial design that is consistent with the existing units on the site and adjacent units. They would also be to the same

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height as the existing Ravenswharfe Mill. This is considered to be satisfactory in this context. Most of the activity associated with the operation will be in the rear yard which is effectively screened from the nearest dwellings which are located on Scout Hill Road. As such it is considered that there will not be any material adverse impact on the residential amenities of the dwellings on Scout Hill Road Flood Risk/Drainage: The site is located within Flood Zone 3 and given that the extension is in excess of 25 sq. m a Flood Risk Assessment is required. A FRA has been submitted together with consideration of the sequential and exceptions tests associated with new development. The Environment Agency has raised no objections. The Sequential Test consideration centres on the difficulty of disaggregating the business i.e. this is an extension to an existing business and physical separation of the two parts of the business would not be feasible in terms of the operational requirements of the business. The principle of the development proposed is therefore considered to be acceptable having regard to the sequential test. Given that the sequential test has been satisfied it is necessary to look at the exceptions test. As a storage and distribution use, it falls into the category of a “less vulnerable “ use, and in accordance with the guidance in table 3 of the Technical Flood Risk guidance in the National Planning Policy Framework less vulnerable development within Flood Zone 3 is acceptable without the need to carry out an exceptions test. As such, subject to the imposition of appropriate conditions, the development is considered to be acceptable having regard to the guidance contained in part 10 of the National Planning Policy framework “Meeting the challenge of climate change, flooding and coastal change”. Environmental Issues (Contamination, remediation and air quality): The site is capable of being remediated and made fit to receive the development proposed, conditions are recommended to cover this. Given the sites location and proximity to a neighbouring scrap yard operation, a precautionary condition requiring an air quality assessment and if necessary any mitigation measures has been requested by Environmental Services. In this respect it should be stated that the proposal is likely to lead to a reduction in the use of the site by HGVs, and that any loading/unloading will be to the rear of the site. There will be no change to the access/loading arrangements for Jade Windows and Hudson’s Office Furniture which front onto Ravenswharfe Road. In the circumstances it is considered that such a condition would be unreasonable.

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Bio diversity: The buildings are well sealed and have little bat roost potential at present. However the new buildings back onto a yard area with a high boundary wall adjacent the Spen Valley Greenway, which in addition to being a cycle route is a designated green corridor on the Unitary Development Plan. As such in accordance with paragraph 118 of the National Planning Policy Framework the scheme should aim to deliver bio diversity enhancement and a condition requiring the siting of bat roost opportunities is recommended (these could either be to the new buildings or the boundary walls). Crime Prevention: The extensions will be situated adjacent to the rear yard area which is overlooked and bounded by high walls and fencing, also there is lighting across the site. Indeed the boundary wall along Huddersfield Road is being repaired and reinstated. As such it is considered that there are no objections to the proposal from a Crime Prevention perspective, and satisfies Policy BE23 of he Kirklees Unitary Development Plan. Conclusion: The development proposed is considered to deliver new employment opportunities and economic growth in accordance with the guidance contained in Part 1 of the National Planning Policy Framework ”Building a strong and competitive economy” and the Councils Policies B1 and B5 in the Unitary Development Plan. Access, parking and turning are acceptable and the impact on residential amenity is acceptable. As such conditional full planning permission is recommended. 9. RECOMMENDATION Grant conditional full planning permission subject to the following conditions: 1. The development shall be begun not later than the expiration of three years beginning with the date on which permission is granted 2. The development hereby permitted shall be carried out in complete accordance with the approved plans and specifications except as may be required by other conditions. 3. No development shall take place until a sample facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority, and the development shall be constructed of the approved materials.

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4. Development shall not commence until actual or potential land contamination at the site has been investigated and a Preliminary Risk Assessment (Phase I Desk Study Report) has been submitted to and approved in writing by the Local Planning Authority. 5. Where further intrusive investigation is recommended in the Preliminary Risk Assessment approved pursuant to condition 4 development shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the local planning authority. 6. Where site remediation is recommended in the Phase II Intrusive Site Investigation Report approved pursuant to condition 5 development shall not commence until a Remediation Strategy has been submitted to and approved in writing by the local planning authority. The Remediation Strategy shall include a timetable for the implementation and completion of the approved remediation measures. 7. Remediation of the site shall be carried out and completed in accordance with the Remediation Strategy approved pursuant to condition 6. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy or contamination not previously considered [in either the Preliminary Risk Assessment or the Phase II Intrusive Site Investigation Report] is identified or encountered on site, all works on site (save for site investigation works) shall cease immediately and the local planning authority shall be notified in writing within 2 working days. Unless otherwise agreed in writing with the local planning authority, works shall not recommence until proposed revisions to the Remediation Strategy have been submitted to and approved in writing by the local planning authority. Remediation of the site shall thereafter be carried out in accordance with the approved revised Remediation Strategy. 8. Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the local planning authority. Unless otherwise agreed in writing with the local planning authority, no part of the site shall be brought into use until such time as the remediation measures for the whole site have been completed in accordance with the approved Remediation Strategy or the approved revised Remediation Strategy and a Validation Report in respect of those remediation measures has been approved in writing by the local planning authority.

146

This recommendation is based on the following plan(s):-

Plan Type Reference Version Date Received Design & Access Statement

17/4/14

Supplementary traffic information

11/6/14

Coal Mining Report 5000581998001 July 2014 Location Plan 17/4/14 Site layout plan 13/6/14 Elevations( east and west)

17/4/14

Elevations(North and South)

17/4/14

Flood Risk Assessment

July 2014

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Application No: 2014/92973

Type of application: 62 - FULL APPLICATION

Proposal: Demolition of existing office building and formation of extension to existing engineering facility, new transformer and associated external works

Location: David Brown Gear Systems Ltd, Park Road, Lockwood, Huddersfield, HD4 5DD Grid Ref: 412916.0 415453.0

Ward: Crosland Moor and Netherton Ward

Applicant: D Scott c/o Agent

Agent: J Child, Acumen Designers & Architects

Target Date: 14-Nov-2014

Recommendation: FC - CONDITIONAL FULL PERMISSION

----------------------------------------------------------------------------------------- LOCATION PLAN

20

1 1 4 .6 m

4

L B

2

208

Works

YEW G

23

125

Depo

21

1

5

37

1 1 4 .6 m

Y

13

2

27

2

1 1 9 .2 m

Su b StaEl 22

PARK ROAD

1 1 5 .8 m

DE TRAFFORD STREET

2

5

17

Ha l l

11

27

ELLISON STREET

12

21

13

16

10

98

78

NABCROFTLANE

88

126.2m

60

68

Pa rk Ge a r W o rk s

69

17

21

19

16

18

20

27

20 23

M o o rs te d

L B

1 3 9 .6 m

40

7375

77

32

NABCROFT LANE

37

79

Po s t

2

4

9

2

49

RUDDING STREET

1

53

ospital

.0 m

Po s t

© Kirklees Council 100019241 2008 Map not to scale – for identification purposes only

148

1. SUMMARY OF APPLICATION

RECOMMENDATION: Grant conditional full planning permission 2. INFORMATION This application is brought to Committee as the site is in excess of 0.5 ha. 3. PROPOSAL/SITE DESCRIPTION Site Description David Brown Gears Park Works complex is located within the Lockwood area, bounded by Park Road, Yew Green Road, Nabcroft Lane and De Trafford Street. The complex comprises a number of different units, this application relates to an existing 5 no storey office building located centrally within the site. The building is highly visible from outside the site given its height. There are residential properties around the Park Gear Works on Park road, Yew Green Road, Nabcroft Lane and De Trafford Street.

Application Details Type of Development Employment/Engineering. Scale of Development 1.767 ha No. Jobs Created or Retained 15 new jobs Policy UDP allocation Unallocated D2 Independent Viability Required N/A Representation/Consultation Individual Support (No.) None Individual Objection (No.) 1 Petition N/A Ward Member Interest None Statutory Consultee Objections

No

Contributions • Affordable Housing N/A • Education N/A • Public Open Space N/A • Other N/A Other Issues Any Council Interest? No Planning Pre-application advice?

No

Comment on Application

The development proposed is considered to deliver new employment opportunities and economic growth in the district.

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Proposal The development proposed involves the demolition of the office building and its replacement with a new portal framed structure attached to block 4. The proposed building will have a floor area of 605 sq. m and will be 10.5 m in height to the eaves. (This is a comparable in height to the neighbouring block 4 and considerably lower than the existing office block). This is to be an engineering building (i.e. Class B2 use) with an associated loading /unloading area. Access to the building will be from the existing Park Road access point. The proposal also involves a new transformer and transformer building adjacent to the existing substation on the western part of the site. (The nearest dwellings to this part of the proposal are on Rudding Street). 4. BACKGROUND AND HISTORY 2014/90822 – Security boundary treatments. Approved. 2014/92083 – Erection of engineering building, following demolition of existing building and associated works and access improvements. Approved. 2014/93156 – Erection of engineering building, following demolition of existing building and associated works and access improvements (Modified proposal to 2014/92083). 5. PLANNING POLICY Development Plan: B1 – Employment needs of the district B4 – Change of use of land and buildings last used for business or industry B5 – Extension of business premises BE1 – Design principles BE2 – Quality of design T10 – Highway safety T19 – Parking standards G6 – Land contamination EP6 – Noise generating development BE23 – Crime prevention National Policies and Guidance: The National Planning Policy Framework: Part 1 Building a strong, competitive economy Part 4 Promoting sustainable transport Part 8 Promoting healthy communities Part 11 Conserving and enhancing the natural environment

150

6. CONSULTATIONS KC Highways - No highway objections KC Environmental Health - Recommend conditions regarding decontamination and remediation, and Noise attenuation. KC Ecology - There is negligible bat roost potential therefore there are no statutory constraints to the buildings removal. The proposed new building is unsuitable for the inclusion of bird/ bat boxes. KC Strategic Drainage - It is Kirklees policy that developments on existing brown field sites should deliver a net reduction in previous surface water run off rates by 30%. Recommend conditions intended to reduce the run off rate by 30%. Environment Agency - No comments Yorkshire Water Authority - No comments Police Architectural Liaison Officer - There are no concerns detrimental to the approval of this application 7. REPRESENTATIONS This application has been publicised by site notices and neighbour letters. To date there have been no representations received. Any representation received will be reported verbally to the Strategic Planning Committee. 8. ASSESSMENT General Principle: The National Planning Policy Framework part 1 “Building a strong competitive economy” is committed to securing economic growth in order to create jobs and prosperity and indicates that the Planning System should encourage and support sustainable development and not act as an impediment to economic growth. Policy B1 of the UDP indicates that the employment needs of the district should be met by accommodating the extension to existing premises and Policy B5 also supports the extension of existing businesses, subject to their being no adverse environmental or highways effects. The proposal is for the construction of a new engineering building with a significantly reduced footprint from unit 3 that it replaces. The new unit delivers greater operational flexibility for the company to fulfil existing and potential future orders. This in turn supports the provision of additional

151

employment opportunities (12 jobs) as well as the consolidation of the existing facility. The new building is set further away from the nearest dwellings on Nabcroft Lane. Issues regarding visual and residential amenity are dealt with in subsequent sections of this report. As such it is considered that this proposal accords with the guidance contained within the NPPF part 1 “Building a strong, competitive economy” and the Councils own UDP policies B1 and B5 in that it supports economic growth and new employment. Highways Issues: The application is accompanied by a Highways Statement. There is an acknowledgement that given the nature of the surrounding road network existing access arrangements to the site are insufficient to accommodate HGV’s entering and exiting the site in forward gear as there is no internal turning space. The proposal includes the removal of an existing office block. The replacement building has a reduced footprint, allowing access to a newly created internal turning and loading area (this area is to the rear of the new engineering building already approved under 2014/92083 on the SW corner of the Park Works site). As such the existing access points into the site i.e. from Yews Hill Road and Park Road can now be used for both entry and exit for vehicles in forward gear. This is a considerable improvement upon the existing arrangements. The new internal turning/ loading area is included within the red line of the application and a condition securing its provision and future maintenance is recommended. Also a condition requiring the provision of a Travel Plan for the entire site is recommended (this is consistent with the planning permission 2014/92083). Impact on Amenity: The development proposed is located in the centre of the Park Works complex and flanked on all sides by industrial buildings which effectively shield the site from any surrounding residential properties. The new building will be significantly lower than that which it replaces, and Environmental Health Services are satisfied that the development can be carried out without adverse effect on residential amenity. Conditions are recommended to ensure this. In terms of visual amenity the existing vacant office building is some 5 no storeys and visible from distance. It is considered to be unsightly and its removal will be of a benefit to the wider visual amenity of the area. The

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replacement building is of a smaller scale and would not be seen from outside of the site. Environmental Issues (Decontamination/ Remediation; Noise): Noise - The applicant has submitted a Noise Report with the application, this establishes that the site can be developed given its location, and the existing background noise levels. However Conditions are recommended to cover the levels of noise insulation within the building and to ensure a maximum background noise level to be emitted from the building. Decontamination/Remediation - A Phase 1 Desk Top Study has been submitted and the conclusions are acceptable. The site is contaminated but is capable of being remediated to a standard fit to receive the new development and conditions to secure this are recommended. (If the building contains asbestos then its removal would be controlled by the Control of Asbestos Regulations 2012.) Bio diversity: The existing building has limited bat roost potential. The replacement building (given its location and height) is unsuitable for the inclusion of bird boxes. However conditions attached to the planning permission for a new engineering building to the SW part of the site which is close to existing mature trees secures an alternative provision. Drainage: The site is Flood Zone 1 (i.e. the area least likely to flood). However the site is part of a substantial brown field site and the Councils policy seeking 30% reduction in surface water run off should be applied. A condition is recommended accordingly. (NB There has been an approval on a different part of this complex where a new building has been approved with this condition. Consistency is required, which over the combination of the two sites will significantly reduce existing surface water run off). Crime Prevention: There are no crime prevention issues with this proposal. This site is within a larger complex where site security is of great importance and security measures including fencing, lighting and CCTVC were approved earlier this year. (application 2014/90822) Conclusion: The development proposed is considered to deliver new employment opportunities and economic growth in accordance with the guidance contained in part 1 of the National Planning Policy Guidance “Building a strong and competitive economy”, and the Council’s own polices B1 and B5 of the Unitary Development Plan. The development is effectively part of a

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modernisation of the existing premises in order to enable the applicant to deliver future orders. The site is located centrally within the complex, and isolated from the neighbouring residential properties, as such there is no adverse effect on residential amenity, and the removal of the existing unsightly office building is considered to be an enhancement to the visual amenity of the area. It is accepted that there are significant highway issues in the operation of this site, and that there is a potential danger to road users from vehicles reversing onto the highway. The proposal seeks to make space within the centre of the development to enable HGV’s to execute a turn and exit in forward gear and this is welcomed. On balance the difficulties associated with this site in terms of delivery vehicles and the surrounding highway network are not considered to outweigh the wider economic benefits the scheme will deliver and the proposal is therefore recommended for approval. 9. RECOMMENDATION Grant full planning permission subject to the following conditions: 1. The development shall be begun not later than the expiration of three years beginning with the date on which permission is granted. 2. The development hereby permitted shall be carried out in complete accordance with the approved plans and specifications except as may be required by other conditions. . 3. No development shall take place until a sample facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority, and the development shall be constructed of the approved materials. 4. Development shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the local planning authority. 5. Where site remediation is recommended in the Phase II Intrusive Site Investigation Report approved pursuant to condition 4, development shall not commence until a Remediation Strategy has been submitted to and approved in writing by the local planning authority. The Remediation Strategy shall include a timetable for the implementation and completion of the approved remediation measures.

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6. Remediation of the site shall be carried out and completed in accordance with the Remediation Strategy approved pursuant to condition 5. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy or contamination not previously considered [in either the Preliminary Risk Assessment or the Phase II Intrusive Site Investigation Report] is identified or encountered on site, all works on site (save for site investigation works) shall cease immediately and the local planning authority shall be notified in writing within 2 working days. Unless otherwise agreed in writing with the local planning authority, works shall not recommence until proposed revisions to the Remediation Strategy have been submitted to and approved in writing by the local planning authority. Remediation of the site shall thereafter be carried out in accordance with the approved revised Remediation Strategy. 7. Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the local planning authority. Unless otherwise agreed in writing with the local planning authority, no part of the site shall be brought into use until such time as the remediation measures for the whole site have been completed in accordance with the approved Remediation Strategy or the approved revised Remediation Strategy and a Validation Report in respect of those remediation measures has been approved in writing by the local planning authority. 8. Before development commences a report specifying the measures to be taken to protect the occupants of nearby noise sensitive premises on Nabcroft Lane, Sunningdale Road and de Trafford Street from noise from the proposed development shall be submitted to and approved in writing by the Local Planning Authority. The report shall include: • an assessment of noise emissions from the proposed development • details of background and predicted noise levels at the boundary of

Nabcroft Lane, Ruddings Street, Ellison Street and de Trafford Street • a written scheme of how the occupants of Nabcroft Lane, Ruddings

Street, Ellison Street and de Trafford Street will be protected from noise from the proposed development with noise attenuation measures as appropriate. This shall include the level and hours of use of any deliveries off Nabcroft Lane.

The development shall not be brought into use until all works comprised within the measures specified in the approved report have been carried out in full and such works shall be thereafter retained. 9. Unless otherwise agreed in writing with the Local Planning Authority, noise emitted from the premises shall not exceed 61dB LAeq 5 min when measured at any point one metre from the façade.

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10. Development shall not commence until a scheme restricting the rate of surface water discharge from the site to a maximum of 70% of the existing pre-development flow rate to the same outfall, has been submitted to and approved in writing by Local Planning Authority. The drainage scheme shall be designed to attenuate flows generated by the critical 1 in 30 year storm event as a minimum requirement. Volumes generated by storms in excess of the critical1 in 30 year storm event, up to and including the critical 1 in 100 year storm event with an appropriate allowance for climate change, shall be stored on site in areas to be approved in writing by the Local Planning Authority. The scheme shall include a detailed maintenance and management regime for the storage facility including the flow restriction. There shall be no piped discharge of surface water from the development and no part of the development shall be brought into use until the flow restriction and attenuation works comprising the approved scheme have been completed. The approved maintenance and management scheme shall be implemented and thereafter retained. 11. Surface water draining from areas of hard standing shall be passed through an oil interceptor or series of oil interceptors, prior to the discharge into ant watercourse, soakaway or surface water sewer. The interceptor(s) shall be designed and constructed to have a capacity compatible with the area being drained , shall be installed prior to the occupation of the development and shall thereafter be maintained throughout the lifetime of the development. Clean roof water shall not pass through the interceptor(s). Vehicle wash downs and detergents shall not be passed through the interceptor. 12. All down pipes carrying rain water from areas of roof shall be sealed at ground level prior to the occupation of the development. All sealed construction shall thereafter be retained throughout the lifetime of the development. 13. Inspection manholes shall be provided on all foul and surface water drainage runs such that discharges from individual units can be inspected/sampled if necessary. All manhole covers shall be marked to enable easy recognition. Foul will be marked in red Surface water will be marked in blue. Directions of flow will be denoted. Where more than one discharge point is proposed, manholes will also be numbered accordingly to correspond with their respective discharge point. 14. The areas to be used by vehicles including parking, loading and unloading areas shall be surfaced and drained before the development is occupied/brought into use and thereafter retained.

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15. No part of the development shall be brought into use until a Travel Plan for the site (Park Gear Works) has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:

• Measures, objectives and targets for reduced car usage and increased non-car transport usage, including modal split targets;

• the provision of Travel Plan Co-ordinator including roles, responsibilities and annual monitoring;

• the provision of travel Information; • implementation and review timescale; and • enforcement, sanctions and corrective/review mechanisms.

The measures contained within the Travel Plan shall be implemented in accordance with the approved timescale, except where the monitoring evidence demonstrates that a revised timescale/measures to achieve trip targets are necessary, in which case the revised details would be implemented. 16. A traffic management plan to minimise the use of public roads to move goods by site plant from the application site to other areas of the Park Gear Works shall be submitted to, approved in writing by the Local Planning Authority and brought into operation before the building is first brought into use. Thereafter the movement of goods by site plant shall be undertaken in accordance with the traffic management plan so approved. 17. No development shall take place including works of any demolition until a construction management plan or construction method statement has been submitted to and approved in writing by the Local Planning Authority. The approved plan/ statement shall be adhered to throughout the construction period. The statement shall provide for

• Parking of vehicles of site operatives and visitors; • routes for demolition and construction traffic and deliveries; • Hours of operation; • Method of prevention of mud being carried onto the highway • Arrangements for the turning of vehicles.

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This recommendation is based on the following plan(s):- Plan Type Reference Version Date Received Location Plan 19/9/14 Site plan as existing 2361-01 19/9/14 Existing floor plans 2361-02

2361-03 19/9/14

19/9/14 Existing elevations 2361-04 19/9/14 Proposed site plan 2361-05 19/9/14 Proposed floor plans 2361-06

2361 -07 19/9/14

19/9/14 Proposed elevations 2361-08 19/9/14 Planning Design and Access Statement

19/9/14 19/9/14

Phase 1 Environmental Assessment

19/9/14

Supporting Highway Statement

19/9/14

Noise Assessment 19/9/14 Preliminary bat report 19/9/14

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