HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 19 January 2016

PLAN: 07 CASE NUMBER: 15/03986/OUT GRID REF: EAST 430614 NORTH 463157 APPLICATION NO. 6.67.31.C.OUT DATE MADE VALID: 15.09.2015 TARGET DATE: 10.11.2015 REVISED TARGET: CASE OFFICER: Mr Andrew Moxon WARD: Bishop Monkton

VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=NU3ZVWHYH5200

APPLICANT: Mrs J Waterhouse

AGENT: Ms L Moriarty

PROPOSAL: Erection of 1 dwelling and associated car parking with access and layout considered (Site Area 0.098 ha).

LOCATION: Land Adjacent To The Old Farmstead Church Lane South Stainley Harrogate North HG3 3NE

REPORT

SITE AND PROPOSAL

This application concerns a plot of land on the southern edge of South Stainley. The land relates to ‘The Old Farmhouse’, but it separated from it by the shared driveway that serves the dwelling and ‘Beck House’ to the south.

The site is roughly rectangular in shape and is enclosed by thick hedgerows to all sides. It is not part of the garden to The Old Farmhouse but has a very domestic appearance. An application to change the use of this land from paddock to garden was refused in 2012.

Church Lane runs from the A61 through South Stainley and to the site. It then becomes a track that serves farms further along it. This road is not heavily used.

Part of the application site is in the flood zone of the Stainley Beck, which is around 50m to the west of the application site. To the north east, on elevated land is the Church of St Wilfred, which is a Grade II Listed Building that dates from 1845.

The proposal is in outline for a dwelling to be erected on the site with access and layout considered.

MAIN ISSUES

1. Policy 2. Impact On Setting Of South Stainley 3. Residential Amenity 4. Flood Zone 5. Highway Safety

RELEVANT SITE HISTORY

12/02517/COU - Change of use from paddock to domestic garden. REFUSED 13.08.2012 for the following reason:

The change of use from paddock land to form an extension to the domestic garden would be out of character and detrimental to the character and visual amenity of the countryside on the edge of the village of South Stainley. The proposal, due to the detached nature and scale of the paddock to be altered, would also be out of character with the setting and character of the converted barn, ‘The Old Farmstead’, where curtilages are usually restricted to an appropriate scale. Its location adjacent to a number of existing Public Rights of Ways (PROW’s) would also be harmful to the existing amenity and recreational value of these PROW’s. The proposal would be contrary to Saved Policies C16, R11 and C18 of the Harrogate District Local Plan 2001 (as altered, 2004), Policies SG3, EQ2 and SG4 of the Harrogate District Core Strategy DPD (adopted, 2009) and with adopted Supplementary Planning Guidance in the ‘Landscape Design Guide’ and the ‘Landscape Character Assessment’.

CONSULTATIONS/NOTIFICATIONS

H.B.C Land Drainage Neither object or support.

According to the Environment Agency flood maps, the site is situated in flood zone 1. Nevertheless, the site appears to sit directly adjacent to flood zones 2 & 3.

Consequently, it is recommended that any flood protection measures suggested by the Environment Agency are implemented in full.

NYCC Lead Local Flood Authority (SuDS) No comments received

Parish Council South Stainley with Parish Meeting.

EHO Contaminated Land On the basis of the information submitted, the Environmental Health Officer (EHO) is confident that contamination of the application site is highly unlikely and that further investigation of the site is unnecessary. However, the EHO recommends an unexpected contamination condition is applied if the application is approved to address any potential contamination that may be found on site during construction of the proposed development.

NYCC Highways And Transportation No objection subject to conditions.

Principal Ecologist No comments received

Environment Agency - Dales Area Office The submitted information confirms that the proposed dwelling will be located in Flood Zone 1, therefore we have no objections to the application as submitted. We do, however, recommend that the developer considers opportunities to reduce the potential impact of flooding by raising floor levels wherever possible and incorporating flood proofing and resilience measures.

RELEVANT PLANNING POLICY NPPF National Planning Policy Framework CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2, Landscape Character LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide SPGLAP Supplementary Planning Guidance, Landscape Character Assessment of Harrogate District CSSG1 Core Strategy Policy SG1 Settlement Growth: Housing Distribution CSSG2 Core Strategy Policy SG2 Settlement Growth: Hierarchy and limits CSC1 Core Strategy Policy C1: Inclusive communities SPDPOS Supplementary Planning Document: Provision for Open Space in Connection with New Housing Development SPDPVH Supplementary Planning Document, Provision for Village Halls in Connection with New Housing Development

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 23.10.2015 PRESS NOTICE EXPIRY:

REPRESENTATIONS

SOUTH STAINLEY WITH CAYTON PARISH MEETING - does not object to or support the application but makes comments. These comments are available to view on the public access part of the Council website under the planning case number.

The comments are summarised, because of their length, below: * To say the site is partially on the site of original cottages is incorrect. * The claim that the domestic curtilage of Beck House extends to the south of the plot is incorrect. * The plot is not in the centre of the village as claimed. It is on the edge of the village. * The plot is not ‘ancillary garden space’. It is designated as agriculture. * The development will contribute one dwelling to planning targets, however, a large part of the national target is to provide affordable housing. * South Stainley is subject to the risk of flooding. * South Stainley does not have the essential services to support further development.

VOLUNTARY NEIGHBOUR NOTIFICATION

None undertaken.

ASSESSMENT OF MAIN ISSUES

1. POLICY - In March 2015, the Council published its new Strategic Housing Market Assessment (SHMA), which provides information on objectively assessed housing need. The figures in that document have been reviewed in light of the publication of the 2012 household projections and a final SHMA report was published in September 2015. This indicates an annual requirement of 518 dwellings over the period 2014-2035. An updated housing supply position to reflect the SHMA requirement has concluded that there is a 6.6 year supply of housing land, including a 20% buffer.

The NPPF requires that housing applications are considered in the context of the presumption in favour of sustainable development and goes on to note at paragraph 49 that ‘relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a 5 year supply of deliverable housing sites’. As the Council can demonstrate a 5 year supply of sites, the automatic application of paragraph 14 of the NPPF, that ‘permission should be granted unless to do so would result in significant and demonstrable adverse effects’ does not apply on that particular basis.

However, in order to maintain supply and deliver 518 homes per year greenfield land outside existing development limits will continue to be needed. This means that development limits can be given no more than limited weight. Applications will need to be determined on a case by case basis, only refusing applications where the planning harm clearly outweighs the benefits to be gained by delivering new housing.

The proposal is for one dwelling and so in the wider context of the Council’s 518 per annum housing requirement would make a modest contribution, however, small scale development such as this can collectively make an appreciable contribution to the housing supply.

In line with national planning policy, the Council is seeking to increase the supply of housing whilst ensuring a high quality of design. Paragraph 58 of the National Planning Policy Framework seeks to achieve this through a number of measures including the requirement to ensure that developments optimise the potential of sites to accommodate development. In line with this, proposals for new housing development should seek to ensure that scheme layouts utilise land efficiently.

The site is on the edge of South Stainley and on undeveloped land. The site presently appears to be used domestically, however, it is considered to historically be in agricultural use.

South Stainley has not got any development limits and is not listed in the Core Strategy Policy SG2. In terms of amenities there is the Red Lion public house and St Wilfred church. There is a regular bus service from outside the Red Lion on the A61 to and Leeds.

It is worth noting that Paragraph 55 of the NPPF states “where there are groups of smaller settlements, development in one village may support services in a village nearby.”

The villages located along the A61 between Ripon and Harrogate are all relatively small in size but are close together. The nearby villages of Burton Leonard, Bishop Monkton and can, taken together, provide suitable services for the residents of South Stainley. As mentioned previously, there are also regular bus services from outside the Red Lion.

It is noted that Policy SG4 of the Core Strategy States “There should be no loss of greenfield land unless justified by national planning policy, the Regional Spatial Strategy, this Core Strategy or a policy or proposal within the Local Development Framework.”

The proposed development site is a greenfield site and not considered to be previously developed land. Nevertheless, in light of the benefits that would come from the delivery of new housing in maintaining the Council’s 5 year supply of deliverable sites and the absence of any significant harm caused by the proposal then permission should be granted.

In this case the benefits of the scheme are the introduction of a house that would make a modest contribution to the housing land supply.

2. IMPACT ON SETTING OF SOUTH STAINLEY - South Stainley is a small settlement on gently undulating land built around the bridge over Stainley Beck. In the wider context the site is in Landscape Character Area 49 ‘Stainley Beck Corridor’ of the Council’s Landscape Character Assessment. This is a rolling landform that gradually slopes down towards the Beck and eastwards. The Beck is well wooded enclosing views and providing an intimate setting that becomes more open as the land rises from the valley floor.

Whilst the A61 runs through the middle of this landscape character area and carries a high volume of traffic, away from the road the landscape has a sense of harmony and remoteness. Under the ‘sensitivities and pressures’ section of the Landscape Character Assessment it is noted that “This rural stream course corridor has limited capacity for change if the rural character is to be maintained. The area is sensitive to development and the A61 corridor and associated development already has a considerable detrimental impact on the Character Area.”

Under the ‘Guidelines’ of the Landscape Character Assessment, two bullet points are relevant to this development:

* Resist development that would impact adversely on rural landscape character in this area. There is limited capacity for appropriately designed small-scale rural development. Larger scale development would be detrimental. * The rural character of settlements and their setting requires protection from inappropriate development. Approaches to villages and farmsteads are important to local character. Saved Policy C2 of the Local Plan states “development should protect existing landscape character.”

The development site is a small paddock/agricultural field to the south of ‘The Old Farmstead’. Historically there were two cottages on the roadside on the north east corner of the site. The plot is enclosed by thick hedgerows to all sides.

The proposed residential development would change the character of the plot from a grassed field to a residential use. It is considered that the proposed plot can be developed without causing significant harm to the landscape character of the area of the setting of South Stainley itself.

The landscape around the village is pleasant without being spectacular, it is not included in any special designation. The site, whilst on the periphery of the small settlement of South Stainley is identified as being part of the hamlet. The site is not considered to be in an isolated or unsustainable location. This application is for a single dwellinghouse, as such it does not represent major development or a significant increase in the built form of South Stainley.

The site is sufficient distance from the Grade II Listed St Wilfred’s church to avoid adversely impacting on its heritage value or setting.

The siting of house has been dictated by the proximity to the flood zone of the Stainley Beck. The application site is roughly rectangular in shape. The beck runs to the west of the site. Due to the proximity of the beck and the topography of the land the south west half of the site is in flood zone 2 and 3. The north east of the site is in flood zone 1.

The layout and scale of the site are considered as part of this application. If the site were not partly in the flood zone it is considered that proposed dwelling could be sited more centrally in the plot. However, it is sensible to build on land that is not liable to flooding. If the house is suitably designed (appearance is a reserved matter) there is no reason to believe that a dwelling in the location shown would detract from the established grain of the settlement. It is noted that to the north of the site ‘The Old Farmstead’ is built up to the road side. Here the proposed house is set back from the road slightly in order to give some separation and to maintain the hedgerow that runs along the side of the carriageway.

The footprint of the proposed house is large, but as with the comments above, if designed appropriately would not appear out of place in its context.

3. RESIDENTIAL AMENITY - Criterion I of saved Local Plan Policy HD20 states “New development should respect the privacy and amenity of nearby residents and occupiers of adjacent buildings.”

The proposed dwelling is some distance away from existing nearby residents. The development is unlikely to cause harm to the amenity currently enjoyed by nearby residents. The appearance of the dwelling is a reserved matter and as such the position of windows, for example, can be agreed at a later stage. However, there is no reason to believe that a house in this location would cause any overlooking or loss of privacy to nearby residents due to the distance from the proposed house to the houses and gardens of other residents. 4. FLOOD ZONE - The site of the proposed dwelling is in flood zone 1. As such there is no objection from the Environment Agency in relation to the development.

Paragraph 100 of the NPPF states “Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere”.

The garden and parking spaces are in flood zone 2, however, they unlikely to increase the risk of flooding and would not be harmful to health if flooded. Such development is not considered to be inappropriate.

It is not considered a sequential test is necessary in this case as the dwellinghouse is not in a flood zone and the garden area would not add to the risk of flooding.

5. HIGHWAY SAFETY - The access to the site is existing. It is not necessary to upgrade this or create any sight lines. The access is already in use by the residents of ‘The Old Farmstead’ and ‘Beck House’ and the addition of one additional house would not significantly increase the usage of the access or the existing road network serving the site. Provided that the parking spaces are laid out inside the site there is no objection from the Highways Authority.

CONCLUSION

The proposed dwelling, on the edge of South Stainley, is not considered to be in either an isolated location or in an unsustainable location. The single dwelling would make a modest contribution to the Council’s housing requirement of 518 dwellings per annum without causing harm to the landscape character of the area or amenity of nearby residents.

The site of the house is close to, but not in, the flood zone of Stainley Beck and would not increase the risk of flooding of the site. The site is sufficient distance from the Grade II Listed St Wilfred’s church to avoid adversely impacting on its heritage value.

CASE OFFICER: Mr Andrew Moxon

RECOMMENDATION

That the application be APPROVED subject to the following conditions:-

1 No development shall take place without the prior written approval of the Local Planning Authority of all details of the following reserved matters-

(a) appearance; and (b) landscaping.

Thereafter the development shall not be carried out otherwise than in strict accordance with the approved details.

2 Application for the approval of the reserved matters shall be made to the Local Planning Authority not later than three years. The development hereby permitted shall be begun on or before the expiration of two years from the final approval of reserved matters or in the case of approval on different dates, the final approval of the last such matter to be approved.

3 The development hereby approved shall be carried out in accordance with the approved drawing numbered:

* 053 Revision A

4 No dwelling shall be occupied until the related parking facilities have been constructed in accordance with the approved drawing number 053 Revision A. Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

5 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced and approved in writing by the Local Planning Authority.

Where remediation is necessary a remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise approved in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

Reasons for Conditions:-

1 To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters. 2 To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters. 3 For the avoidance of doubt and in the interests of proper planning.

4 To provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development. 5 To protect the health of future occupants of the site.