The Town and Country Planning Act 1990
Appeal by: Network Space Development Limited
Appeal against the refusal of: Residential development of up to 215 dwellings. Associated car parking/garages, landscaping, public open space (including both equipped and non-equipped areas of play), SuDS and drainage. Details of new vehicular access onto Shaw Lane (outline with all matters reserved apart from means of access.)
Site: Land north of Shaw Lane, Carlton, Barnsley, S71 3HH
Planning Inspectorate ref: APP/R4408/W/24/3341097
Barnsley Council ref: 2022/0115
Core documents
Index
CD1: National planning policy and guidance
- CD1.1: National Planning Policy Framework 2023
- CD1.2: Department for Levelling Up, Housing and Communities Planning Practice Guidance
CD2: Legislation
Core documents relating to legislation will appear here soon.
CD3: Development plan
- CD3.1: Barnsley Local Plan (2019)
List of policies referred to:- Policy AQ1 – Development in Air Quality Management Areas
- Policy BIO1 – Biodiversity and Geodiversity
- Policy CC1 – Climate Change
- Policy CC2 – Sustainable Design and Construction
- Policy CC3 – Flood Risk
- Policy CC4- Sustainable Drainage Systems (SuDS)
- Policy CL1 – Contaminated Land and Unstable Land
- Policy D1 – High Quality Design and Place Making
- Policy GI1 – Green Infrastructure
- Policy GI2 – Canals – Safeguarded Routes
- Policy GD1 – General Development
- Policy GS1 – Green Space
- Policy GS2 – Green Ways and Public Rights of Way
- Policy H1 – The Number of New Homes to be Built
- Policy H2 – The Distribution of New Homes
- Policy H3 – Uses on Allocated Housing Sites
- Policy H6 – Housing Mix and Efficient Use of Land
- Policy H7 – Affordable Housing
- Policy H8 – Housing Regeneration Areas
- Policy HE1 – The Historic Environment
- Policy HE2 – Heritage Statements and General Application Procedures
- Policy I1 – Infrastructure and Planning Obligations
- Policy I2 – Educational and Community Facilities
- Policy LC1 – Landscape Character
- Policy LG1 – City Regions
- Policy LG2 – The Location of Growth
- Policy MU3 – Land off Shaw Lane, Carlton
- Policy Poll1 – Pollution Control and Protection
- Policy RE1 – Low Carbon and Renewable Energy
- Policy SD1 – Presumption in favour of Sustainable Development
- Policy T1 – Accessibility Priorities
- Policy T2 – Safeguarding of Former Railway Lines
- Policy T3 – New Development and Sustainable Travel
- Policy T4 – New Development and Transport Safety
- Policy T5 – Reducing the Impact of Road Travel
- Policy TC5 – Small Local Shops
- CD3.2: Barnsley Local Plan Inspector’s Report on the Examination of the Barnsley Local Plan – December 2018 (including schedule of main modifications)
- CD3.3: Barnsley LDF; Core Strategy Submission Version – September 2010
- CD3.4: Barnsley LDF; Development Sites and Places; Consultation Draft – 2012
- CD3.5: Extract from Appeal Site from Draft Proposals Map – 2012
- CD3.6: Inspectors Report on the Examination into the Barnsley Core Strategy DPD – 24 May 2011
- CD3.7: Barnsley LDF; Proposals Map Consultation Draft 2012 – 2012
- CD3.8: Barnsley Unitary Development Plan (UDP) adopted December 2000 – December 2000
CD4: Council Supplementary Planning Documents (SPDs)
- CD4.1: Financial contributions for schools – Adopted May 2019
- CD4.2: Trees and hedgerows – Adopted May 2019
- CD4.3: Design of housing development – Adopted July 2023
- CD4.4: Open space provision on new housing developments – Adopted May 2019
- CD4.5: Affordable Housing – Adopted July 2022
- CD4.6: Biodiversity and geodiversity – Adopted March 2024
- CD4.7: Planning obligations – Adopted November 2019
- CD4.8: Sustainable Travel – Adopted July 2022
- CD4.9: Section 38 Agreements – Adopted November 2019
- CD4.10: Section 278 Agreements – Adopted November 2019
- CD4.11: Development on Land affected by Contamination – Adopted November 2019
- CD4.12: House extensions and other domestic alterations – Adopted March 2024
- CD4.13: Sustainable construction and climate change adaptation – Adopted July
CD5: Other planning documents
- CD5.1: Carlton Masterplan Framework and Design Code – November 2021
- CD5.2: Carlton Masterplan Framework Delivery Strategy – October 2021
- CD5.3: Carlton Masterplan Framework Shaw Lane/Church Street Junction Assessment – ARUP, October 2021
- CD5.4: 2018 Historic England Guidance HEAG149 – Streets for All
- CD5.5: Barnsley Local Plan Monitoring Report 2022/2023
- CD5.6: Barnsley Five Year Deliverable Housing Land Supply Report (April 2021 – March 2026)
- CD5.7: Draft Carlton Masterplan Framework; Consultation Round 1 – June 2021
- CD5.8: Barnsley Five Year ‘Deliverable’ Housing Land Supply Report April 2017 – March 2022 – August 2017
- CD5.9: Appendix 3 Large Sites Five Year Land Supply
- CD5.10: Highways Capital Programme 2024/25 Report by the Executive Director of Growth and Sustainability – 17 April 2024
- CD5.11: Housing Trajectory (as at April 2021) – April 2021
- CD5.12: Barnsley MBC Infrastructure Delivery Plan – 23 June 2015
- CD5.13: Letter to Head of Planning from Spawforths on behalf of Appellant – 5 August 2019
- CD5.14: Representations to consultation to Draft Carlton Masterplan Framework from Spawforths on behalf of Appellant – 28 August 2021
- CD5.15: Written Ministerial Statement by Michael Gove, Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmental Relations on The Next Stage in our Long Term Plan for Housing Update – 19 December 2023
- CD5.16: South Yorkshire Residential Design Guide adopted in 2011
- CD5.17: Viability Study Submission – 2016
- CD5.18: SSSI Notification under Wildlife and Countryside Act 1981 – Notification date 13 May 2021
- CD5.19: Natural England Dearne Valley Wetlands SSSI, South Yorkshire – Supporting Information – 13 May 2021
- CD5.20: Natural England’s approach to advising competent authorities on the assessment of road traffic emissions under the Habitats Regulations – June 2018
- CD5.21: BMBC First Homes Technical Note
- CD5.22: Conservation Principles Policies and Guidance for the Sustainable Management of the Historic Environment (England Heritage 2008)
- CD5.23: The Setting of Heritage Assets – Historic Environment Good Practice Advice in Planning: 3 (2nd edition, December 2017)
- CD5.24: South Yorkshire Interim Local Guidance for Sustainable Drainage Systems
- CD5.25: Construction Industry Research and Information Association (CIRIA) “The SuDS Manual (C753).
- CD5.26: Sewerage Sector Guidance (SSG) – Appendix C
- CD5.27: Barnsley Borough Moving from A to B
- CD5.28: Barnsley Housing Strategy 2024-2028
- CD5.29: Strategic Housing Land Availability Assessment 2007
- CD5.30: Housing Trajectory Allocated Sites July 2020
- CD5.31: Barnsley Local Plan – Statement of Community Involvement (SCI)
- CD5.32: Carlton Masterplan Framework – Statement of Community Engagement Report
- CD5.33: Local Transport Note LTN 1/20 Cycle Infrastructure Design
- CD5.34: Design Manual for Roads and Bridges GG119 Road Safety Audit
CD6: Planning application documents
- CD6.1: Air Quality Assessment dated 28 January 2022 – Ref: 784-B029129 V2
- CD6.2: Archaeological Desk Based Assessment dated January 2022 – Ref: LD10394 V1
- CD6.3: Badger Survey dated November 2022
- CD6.4: Biodiversity Impact Assessment Rev C dated September 2023
- CD6.5: Biodiversity Metric 3.1 Rev C – Ref: Metric 3.1 Rev C
- CD6.6: Design and Access Statement dated January 2023 – Ref: P3921-SPA-XX-ZZ-RP-LP-10-0001-B
- CD6.7: Ecological Addendum dated September 2023
- CD6.8: ES Screening Opinion Report dated 2 February 2022 – Ref: P0-TP-SPA-RP-P3921-0012-C
- CD6.9: Extended Phase 1 Habitat Survey 2021
- CD6.10: Flood Risk Assessment dated June 2022 – Ref: 029129 Rev C
- CD6.11: Framework Context – Ref: P3921-SPA-XX-ZZ-M2-MP-10-003
- CD6.12: Framework Context with Illustrative MP – Ref: P3921-SPA-XX-ZZ-M2-MP-10-007 A
- CD6.13: Framework Travel Plan – Ref: 280122 Rev C
- CD6.14: Great Crested New Letter dated 13 February 2023
- CD6.15: Ground Investigation Report dated January 2022 – Ref: B029129 Rev 1
- CD6.16: Heritage Impact Assessment dated November 2022
- CD6.17: Illustrative Masterplan with Car Parking dated 25 January 2022 – Ref: P3921-SPA-XX-ZZ-00-M2-10-006
- CD6.18: Indicative Masterplan dated 3 January 2023 – Ref: P0-MP-SPA-P3921-5IL-1000-0002
- CD6.19: Land Use Plan – Ref: P3921-SPA-XX-ZZ-M2-A-10-002 B
- CD6.20: Masterplan Compliance Statement dated June 2023 – Ref: P3921-SPA-RP-TP-0013-C
- CD6.21: Noise Assessment dated January 2022 – Ref: 784-B029129 V2
- CD6.22: Parameters Plan dated January 2022 – Ref: P3921-SPA-XX-ZZ-M2-A-10-008 A
- CD6.23: Pedestrian Footway Improvements 1 dated 5 January 2023 – Ref: IPD-22-580-105
- CD6.24: Pedestrian Footway Improvements 2 dated 5 January 2023 – Ref: IPD-22-580-106
- CD6.25: Pedestrian Footway Improvements 3 dated 5 January 2023 – Ref: IPD-22-580-107
- CD6.26: Planning Statement dated February 2022 – Ref: 0-TP-SPA-RP-P3921-0011-B
- CD6.27: Redline Boundary dated July 2021 – Ref: P3921-SPA-XX-ZZ-M2-A-10-001 A
- CD6.28: Road Safety Audit Stage 1 Response Report dated 16 February 2023 – Ref: IPD-22-580-R.001
- CD6.29: Stage 1 Road Safety Audit carried out 15 February 2023 (Appendix M of Updated Transport Assessment dated June 2023)
- CD6.30: Signalised Junction Autotracks dated January 2023 – Ref: IPD-22-580-104
- CD6.31: Signalised Junction Layout 5 dated January 2023 – Ref: IPD-22-580-103
- CD6.32: Site Access Autotracks dated 5 January 2023 – Ref: IPD-22-580-102
- CD6.33: Site Access Layout dated 5 January 2023 – Ref: IPD-22-580-100
- CD6.34: Site Access Visibility Splay dated 5 January 2023 – Ref: IPD-22-580-101
- CD6.35: Sustainability Statement dated January 2022 – Ref: B029129 Rev 0.0
- CD6.36: Transport Assessment Vol 1 dated 28 January 2022 – Ref: 211221 Rev C
- CD6.37: Appendices D-L Vol 2 to Transport Assessment dated 28 January 2022 – Ref: 211221 Rev C
- CD6.38: Tree Survey Report dated September 2021 – Ref: B029129 Rev 2
- CD6.39: Willow Tit Survey dated 13 February 2023
- CD6.40: Updated Transport Assessment dated June 2023 – 102107-PEF-XX-XX-RP-T00001-PO2
- CD6.41: Shaw Lane SSSI Assessment
CD7: Additional Plans for the Appeal Decision to be based on (submitted as part of the Appeal)
- CD7.1: Revised Site Access Layout – Ref: IPD-22-580-100a
- CD7.2: Revised Site Access Visibility Splay – Ref: IPD-22-580-101a
- CD7.3: Revised Signalised Junction Layout – Ref: IPD-22-580-103a
- CD7.4: Revised Pedestrian Footway Improvements 1 – Ref: IPD-22-580-105a
CD7: Original Plans for the Appeal Decision to be based on (submitted as part of the Application)
- CD7.5: Pedestrian Improvements 2 – Ref: IPD-22-580-106 (unchanged since 02/06/2023) (also listed as CD 6.24 above)
- CD7.6: Pedestrian Improvements 3 – Ref: IPD-22-580-107 unchanged since 02/06/2023) (also listed as CD 6.25 above)
- CD7.7: Red Line Boundary – Ref: P3921-SPA-XX-ZZ-M2-A-10-001 A (unchanged since 02/02/2022) (also listed as CD 6.27 above)
CD8: Illustrative Only Plans (submitted as part of the Appeal)
- CD8.1: Shaw Lane Autotracks Sheet 1 of 6 Layout 1 – Ref: IPD-22-580-108
- CD8.2: Shaw Lane Autotracks Sheet 2 of 6 Layout 1 – Ref: IPD-22-580-109
- CD8.3: Shaw Lane Autotracks Sheet 3 of 6 Layout 1 – Ref: IPD-22-580-110
- CD8.4: Shaw Lane Autotracks Sheet 4 of 6 Layout 1 – Ref: IPD-22-580-111
- CD8.5: Shaw Lane Autotracks Sheet 5 of 6 Layout 1 – Ref: IPD-22-580-112
- CD8.6: Shaw Lane Autotracks Sheet 6 of 6 Layout 1 – Ref: IPD-22-580-113
- CD8.7: Signalised Junction Autotracks – Ref: IPD-22-580-104a
- CD8.8: Site Access Autotracks – Ref: IPD-22-580-102a
CD9: Interested party representations on the Appeal
- CD9.1: Interested Party representation on the Appeal – Mrs Michelle Clarke – 28 May 2024
- CD9.2: Interested Party representation on the Appeal – Miss Rachel Stewart – 5 June 2024
CD10: Consultation responses to application
- CD10.1: BMBC Drainage response – 24 February 2022
- CD10.2: BMBC Highways – 12 September 2023
- CD10.3: BMBC Conservation Officer – 11 September 2023
- CD10.4: BMBC Ecology Officer – 6 July 2023
- CD10.5: BMBC Education Officer – 2 March 2022
- CD10.6: Natural England – 12 April 2022
- CD10.7: BMBC Public Rights of Way Officer – 3 March 2022
- CD10.8: Trans Pennine Trail National Office – 3 March 2022
- CD10.9: Yorkshire Water – 18 March 2022
- CD10.10: Yorkshire Wildlife Trust – 12 April 2022
- CD10.11: EIA Screening Direction from PINS 28 June 2024
- CD10.12: Natural England Response 22 July 2024
- CD10.13: Adept response to CD10.11
- CD10.14: Natural England Response 020824
CD11: Other documents
- CD11.1: Minutes of Planning and Regulatory Board meeting on 26 September 2023
- CD11.2: Planning and Regulatory Board Report for meeting on 26 September 2023
CD12: Council committee documents
- CD12.1: Report of the Executive Director for Place to Cabinet on 2 June 2021 on Carlton Masterplan Framework – 2 June 2021
- CD12.2: Full Council Report 25 November 2021 adoption of Carlton Masterplan Framework – 25 November 2021
- CD12.3: Decision Notice (2022/0115)
- CD12.4: Report of the Executive Director for Place to Cabinet on 3 November 2021 on Carlton Masterplan Framework – 3 November 2021
- CD12.5: Minutes of the Barnsley Council Cabinet meeting on 2 November 2022, Local Plan Review
CD12: Proofs of evidence of the appellant
- CD12.6: Planning – Andrew Rose, Spawforths
- CD12.7: Highways – Richard Ellam, Pell Frischmann
- CD12.8: Ecology – Andrew Baker, Baker Consultants
CD13: Proofs of evidence of the Local Planning Authority
- CD13.1: Proof of Evidence of Katie Lawrence – Ecology
- CD13.2: Proof of Evidence of Wayne Lake – Highways
- CD13.3: Anthony Wiles – Heritage
- CD13.4: Proof of Evidence of James Hyde, Planning
- CD13.5: Proof of Evidence of Emma Coveney, Planning Policy - 5 Year Housing Land supply
CD14: Proofs of evidence of the Rule 6 Party
Proofs of evidence of the Rule 6 Party will appear here soon.