Planners change their minds over housing plan following row with developers

Gleeson Homes want to build the houses on open ground at Bolton on Dearne, in what would be the third phase of a large housing development there.

Although the firm and the council are in agreement about large scale cash contributions to cover the need for new primary school places, the impact on public open areas and the need for affordable housing, the deal could come unstuck in a dispute over the way driveways to the new homes are constructed and what the council claims is a history of the company breaching previous planning conditions.

A decision had been due to be made by Barnsley Council’s planning board in May over the site, off Lowfield Road, but it was put off until next week’s meeting to allow planning officials to explore whether the company’s record of planning breaches, and its “stated intention” to appeal against conditions imposed on the current application were enough to warrant a refusal.

That has resulted in council officials reversing their original advice to approve the scheme to now telling councillors they believe it should be rejected.

The problem surrounds Gleeson Homes desire to use loose chippings on driveways to new homes, something Barnsley Council will not accept because it allows chippings to spill onto the carriageway and weeds to grow through the surface.

In earlier chapters of the dispute over Gleeson’s policy on drives, Barnsley Council has won costs against the firm when it has appealed against a council decision to not allow that construction type for houses on other sites and has also taken enforcement action against the company.

A report to be considered before a decision is made on Tuesday states there is a “current dispute between officers and the applicant concerning the visual amenity and highway safety implications of the use of gravel driveways.

“This has introduced problems relating to loose gravel being deposited on the roads and footpaths as a result of normal day to day usage which give the developments an untidy appearance overall.

“In addition the material lends itself to weeds growing through the surface. In the opinion of Officers this specification detracts from the appearance of the whole development and means that it falls short of the minimum standards expected.

“This matter has been subject to thorough testing through the appeal process with the applicant losing five appeals last year specifically related to the unacceptability of loose aggregate on drives.”

The developer has suggested using two rows of paving slabs rather than the original proposal of paving blocks to edge the main drive areas, but council officials say that is not an acceptable solution.

After the agenda for last month’s planning board meeting were published, councillors have been told, the firm issued a press release “which stated a clear intention to challenge the condition post decision despite the failed appeal decisions on the previous five appeal cases.

“The past behaviour of the applicant is relevant to the extent that there are unresolved enforcement issues with phase two that have an effect on this development i.e. the loose aggregate driveways and the non provision of the equipped children’s play area.

“Officers have sought to enter into further discussions with the applicant to speak about ways forward. However the applicant is not willing to attend a meeting at the council’s offices, nor on site and no response has been received to the correspondence that has listed the breaches of conditions on other sites.

As such it would appear that there is no prospect of reaching an agreement about a suitable condition.

In the circumstances therefore it is considered that the use of a condition is insufficient to mitigate the adverse effects of the development proposed.”

Elements of the scheme which are not in dispute include a £250,000 payment towards providing affordable housing on a site elsewhere, £210,000 towards installing traffic lights to control vehicles using a hump back bridge on an access road to the site and £162,000 to improve open spaces in the area, along with £147,000 to take account of the need for more primary school places.