Parish: Newby Wiske Committee date: Thursday 10th January 2019 Ward: Morton on Swale Officer dealing: Miss Charlotte Cornforth th 8 Target date: Friday 11 January 2019

18/01179/FUL

Demolition of bungalow and construction of three detached dwellings and garages, alterations to existing access and provision of additional vehicle accesses At Marden, Newby Wiske For Mr & Mrs J Burgess

This application is referred to Planning Committee as the application is a departure from the Development Plan

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application site relates to the curtilage of an existing detached dwelling known as Marden, set in a relatively large plot fronting West View to the south of the village of Newby Wiske. Marden is set back within the site and at a 45-degree angle to West View.

1.2 The dwelling and associated driveway occupy the northern part of the site with the remainder of the site laid out as garden, which is mainly laid to grass with trees adjacent to some boundaries.

1.3 There are three trees within the application site that are the subject of Tree Preservation Orders. The one in the north-west corner is a lime tree and two on the southern boundary are birch trees. No works are proposed to these trees.

1.4 The application site extends to 0.37 hectares and is bound by the existing garden curtilages of Well House to the north and Weighbridge Cottage to the south. To the east, the site is bounded by Riverside Farm comprising of large agricultural buildings and associated hardstanding areas situated immediately to the rear of the site. There is further residential development to the west of the site, on the opposite side of West View. Newby Wiske Hall (grade II listed) and its associated grounds also front West View, to the west.

1.5 Newby Wiske is a linear settlement with most development centred on West View (the main road through the village). The site is located within the Newby Wiske Conservation Area which extends to include the majority of built development within the village.

1.6 Full planning permission is sought for the demolition of the existing dwelling of Marden and redevelopment of the site to provide three detached dwellings. Plots 1 and 2 are two storey, with plot 3 being 1.5 storey in height. Each will have 4 bedrooms and be constructed from brick and slate.

1.7 Access to the proposed dwellings would be provided by separate driveways from West View. The existing vehicular access to Marden would serve Plot 1. Plots 2 and 3 would have new vehicular accesses. The proposals provide detached double garages for each of the plots along with driveways and turning space to allow for vehicles to turn within the site and exit the site in a forward gear.

1.8 The proposals would retain the existing boundary hedge to the site frontage with West View, except for those sections of the hedge that would be removed to allow for access points to be formed.

1.9 Improvements have been secured as follows:

• Changes to the access points – Plot 2 now has its own access point adjacent to Plot 3. Plot 1 will still utilise the existing access that currently serves Marden. The driveway for Plot 3 will run around the southern elevation of the plot and adjacent to the dwelling of Weighbridge Cottage to a garage to the rear. • The gable front from Plot 2 has been omitted. • Plot 3 has been moved away from the neighbours of Weighbridge Cottage by approximately 3 metres to allow the driveway to run around the southern elevation of the plot. • Additional detailing to chimney stacks, fascia's and barge boards on all plots are included. • Brick walls have been incorporated to reinforce the boundaries to front and rear gardens.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 There is no relevant planning history regarding the site.

3.0 RELEVANT PLANNING POLICIES

3.1 The relevant policies are:

Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP2 – Access Core Strategy Policy CP4 - Settlement hierarchy Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Core Strategy Policy CP21 - Safe response to natural and other forces Development Policy DP1 - Protecting amenity Development Policy DP3 - Site accessibility Development Policy DP4 - Access for all Development Policy DP8 - Development Limits Development Policy DP9 - Development outside Development Limits Development Policy DP10 - Form and character of settlements Development Policy DP28 – Conservation Development Policy DP30 - Protecting the character and appearance of the countryside Development Policy DP32 - General design Development Policy DP33 - Landscaping Development Policy DP43 - Flooding and floodplains Interim Guidance Note - adopted by Council on 7th April 2015 National Planning Policy Framework - published 24 July 2018 Size, Type and Tenure of New Homes SPD - adopted September 2015

4.0 CONSULTATIONS

4.1 Parish Council – regarding the revised scheme, they have no objections to the revised scheme and look forward to seeing it go ahead.

4.2 Highway Authority – recommend conditions regarding discharge of surface water, private access and verge crossing construction requirements, visibility splays,

parking for dwellings, precautions to prevent mud on the highway, on-site parking, on-site storage and construction traffic during development.

4.3 Water – recommend conditions regarding the site being drainage via separate systems for foul and surface water drainage and details of this shall be secured by planning condition in order to protect the local aquatic environment and Yorkshire Water infrastructure.

4.4 Environmental Health – no objection.

4.5 Contaminated Land – I have assessed the Preliminary Assessment of Land Contamination (PALC) form submitted in support of the above development. The applicant/agent has not identified any potential sources of contamination however given the nature and scale of the proposed residential development the applicant is required to submit a Phase 1 Preliminary Risk Assessment, ideally prior to determination, to demonstrate the land is suitable for use in accordance with the NPPF. Further site investigations and remediation may also be required depending on the results of the Phase 1 investigation. Should you be minded to approve the application without such information, I would recommend conditions regarding land contamination investigation, remediation and verification.

4.6 Yorkshire Wildlife Trust - There is a Site of Importance for Nature Conservation (SINC) or Local Wildlife Site close to the development site. There are likely to be some valuable trees and other habitat on the site and potential for protected species and other wildlife being present. I would recommend that the application is not determined until an extended Phase 1 survey which includes information particularly on potential bat roosts is provided. The demolition of the bungalow or tree removal if there are bat roosts present would be a criminal offence.

4.7 Public comments – 2 comments were received from neighbours regarding the initial application. No comments have been received regarding the re-consultation.

A summary of the comments from the neighbours are:

• Loss of light to the property of Weighbridge Cottage due to proximity of plot 3 to the boundary fence • Plots 2 and 3 should be relocated further to the north in the areas allocated for driveways • If amendment is made to the plans I would actively support the development but if no change is made to the position of Plot 3 I would have to oppose the proposal on the grounds of the negative impact it would have on Weighbridge Cottage.

5.0 OBSERVATIONS

5.1 The main issues to consider are: (i) the principle of development; (ii) housing size, type and tenure; (iii) the character of the village; (iv) design; (vi) heritage assets; (v) residential amenity; (vi) highway safety; (vii) flood risk and drainage; (viii) land contamination; and (iv) the planning balance.

The principle of development

5.2 The site falls outside the Development Limits of Newby Wiske. Policy CP4 states that all development should normally be within the Development Limits of settlements. Policy DP9 states that development will only be granted for development in exceptional circumstances. The applicant does not claim any of the exceptional circumstances identified in Policy CP4 and, as such, the proposal would be a departure from the Development Plan. However, it is also necessary to consider

more recent national policy in the form of the National Planning Policy Framework (NPPF).

5.3 To ensure appropriate consistent interpretation of the NPPF alongside Policies CP4 and DP9, on 7 April 2015 the Council adopted Interim Policy Guidance (IPG) relating to Settlement Hierarchy and Housing Development in the Rural Areas. This guidance is intended to bridge the gap between CP4/DP9 and the NPPF and relates to residential development within villages. The IPG includes an updated Settlement Hierarchy.

5.4 The IPG states that the Council will support small-scale housing development in villages where it contributes towards achieving sustainable development by maintaining or enhancing the vitality of the local community and where it meets all of the following criteria:

1. Development should be located where it will support local services including services in a village nearby. 2. Development must be small in scale, reflecting the existing built form and character of the village. 3. Development must not have a detrimental impact on the natural, built and historic environment. 4. Development should have no detrimental impact on the open character and appearance of the surrounding countryside or lead to the coalescence of settlements. 5. Development must be capable of being accommodated within the capacity of existing or planned infrastructure. 6. Development must conform with all other relevant LDF policies.

5.5 To satisfy criterion 1 of the IPG, the proposed development must provide support to local services including services in a village nearby. The site lies on the edge of the village of Newby Wiske which is identified in the IPG as an example of a cluster village together with .

5.6 The two villages have long been linked economically and socially and collectively have a church, a primary school and a pub. Each village is readily accessible to each other on foot or bicycle as well as by car on the local road network. Newby Wiske is less than 0.5km distance from South Otterington and the application site is a further 0.5km through the village.

5.7 Based upon the cluster village concept, it is considered that the proposal is in a sustainable location for development; satisfying criterion 1 of the IPG that proposed development must provide support to local services including services in a village or villages nearby.

Housing size, type and tenure

5.8 The proposal is for three dwellings (net gain of two as the existing dwelling will be demolished). Each dwelling will be 4 bedroom and the agent has identified that one of the plots will be self-build to meet their specific housing need. The loss of a bungalow is noted, but the agent has advised that various conversations have taken place with members of the Parish Council who agree with the number of dwellings including size as they will attract families to the area in turn supporting South Otterington School.

5.9 It is considered that in this case, the size type and tenure of the dwellings meet the local housing need, complying with adopted Policy CP8 and the Supplementary Planning Document

The character of the village

5.10 With regard to criterion 2 of the IPG, development must be small in scale and reflect the existing built form and character of the village. The proposal is for three dwellings (net gain of two as the existing dwelling will be demolished) and it is therefore considered small in scale as the IPG refers to small scale comprising up to five dwellings.

5.11 The proposed development for three dwellings, set within spacious plots would be consistent with the character and scale of development in the immediate area. The plots would be set back from the street and run with roof ridges parallel to the road, in a linear form.

5.12 Criterion 3 states that development must not have a detrimental impact upon the natural, built and historic environment. The heritage assets will be considered in a later section of the report.

5.13 The application site relates to the development of an existing domestic garden with a dwelling. It is appreciated that the site is bound by a mature hedgerow and trees. Apart from sections of the hedge that would be removed to allow for access points to be formed, there are no proposals to fell or prune the hedgerows and trees. There is no significant ecological interest associated with the site itself.

5.14 The site is located within the Conservation Area and 3 of the trees are subject of a Tree Preservation Order. In terms of facilitating the buildings on the site, felling or pruning of trees is not required. Any future works to the trees would require consent from the Local Planning Authority, given some are the subject of a Tree Preservation Order and some are protected by their location within a Conservation Area.

5.15 The comments from the Yorkshire Wildlife Trust are noted. The Site of Important Nature Conservation (SINC) is located on the opposite side of the road to the application and it is considered that due to this distance and the tarmac road, the scheme would have no significant detrimental impact upon local ecology. In terms of bat roosts, the existing dwelling will be demolished but has been recently occupied. It is therefore considered that a bat survey would not be necessary in this instance. However, the removal of bat roosts would be a criminal offence and the applicant will be made aware of this and their need to comply with the Wildlife and Countryside Act.

5.16 Criterion 4 states development should have no detrimental impact on the open character and appearance of the surrounding countryside or lead to the coalescence of settlements.

5.17 The site has a clear physical relationship with the main built form of the village rather than the adjacent countryside beyond the settlement. The site is defined by physical boundaries as well as being surrounded by existing development, with significant farm buildings located to the east of the site. The site is part of the main built up area of the settlement and does not border open countryside or currently allow views of the open countryside beyond the village.

5.18 In light of the above, the proposal is considered to not have a detrimental impact upon the open character and appearance of the surrounding countryside or lead to the coalescence of settlements.

Design

5.19 One of Hambleton’s strategic planning objectives, set out in The Core Strategy Local Development Document (2007), is “To protect and enhance the historic heritage and

the unique character and identity of the towns and villages by ensuring that new developments are appropriate in terms of scale and location in the context of settlement form and character.”

5.20 Policies CP17 and DP32 require the highest quality of creative, innovative and sustainable design for buildings and landscaping that take account of local character and settings, promote local identity and distinctiveness and are appropriate in terms of use, movement, form and space.

5.21 The proposed detached dwellings would be set back within the site to allow for a strong landscaped frontage to the development with the retention of important landscape features including the hedgerow and the mature tree to the north-west corner of the site. The setting back of dwellings within the site reflects the contribution that the existing landscaped garden of Marden makes to the Conservation Area and would be consistent with the pattern of other development elsewhere in the village.

5.22 The design and appearance of dwellings would also reflect the positive architectural elements that contribute to the character of the Conservation Area. These elements include simple fenestrations, vertically proportioned sash style windows, pitched roofs with chimney stacks and gable elevations to promote visual interest and variety. Materials would include the use of red brick with a contrasting brick above door and window openings. All of these features can be found in relation to existing development within the village.

5.23 The development proposals will therefore deliver a high quality of design that will complement local character

Heritage assets

5.24 Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires the Council to have special regard to the desirability of preserving any listed building affected by the proposal or its setting or any features of special architectural or historic interest which it possesses. Case law leads to an approach that any degree of harm to the significance of a heritage asset or the setting of a heritage asset where that setting contributes to significance must give "considerable weight and importance" in decision making.

5.25 Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that in exercising an Authority's planning function special attention shall be paid to the desirability of preserving or enhancing the character or appearance of Conservation Areas. The National Planning Policy Framework at paras 189, 190 and 192 requires an assessment of the potential harm a proposed development would have upon the significance of a designated heritage asset.

5.26 In assessing the proposal considerable importance and weight has been given to the desirability of preserving and enhance the character and appearance of the heritage asset in assessing the proposal.

Listed buildings

5.27 There are no listed buildings immediately adjacent to the site. The nearest listed building is Home Farm, a Grade II listed building situated approximately 115 metres to the south of the site. This building cannot be seen from the application site and is situated on the bend in the road at the eastern end of Lane.

5.28 Other listed buildings in the vicinity include Newby Wiske Hall and South Otterington Bridge, which are both Grade II listed. Neither of these buildings can be seen from the application site. Given the separation from these listed buildings, the proposed

development is not considered to have any direct impact upon these heritage assets or their setting, although it is accepted that the setting of Newby Wiske Hall in particular is considered to extend significantly beyond its immediate boundary.

The Newby Wiske Conservation Area

5.29 The heritage asset that will be most affected by this application is the Newby Wiske Conservation Area which extends to include the majority of built development within the village. A Conservation Area is an area which has been designated because of its special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.

5.30 The development pattern within Newby Wiske is linear in nature with the majority of development fronting the main street, West View. Existing development is a mixture of traditional farmworkers cottages to the north of the settlement, some presented as terraces inter-mixed with larger detached farmhouse style dwellings extending to the south, and more recent 1960’s type bungalows set back from the main road. Older 19th Century buildings, including an old school building, standing on the west side of West View provide further architectural interest. Newby Wiske Hall and its grounds are located to the west of the village and occupy a large part of the Conservation Area.

5.31 The majority of the village buildings are of brick, with contrasting brick features around openings including window and door headers. Most have traditional pitched roofs (either of pantile or slate) with water tables and chimney stacks at either end. Some have relatively plain facades whilst others incorporate a gable with pitched roofs. Traditional vertical and horizontal Yorkshire sash widows are prevalent in the older buildings and there are examples of replacement modern casement windows.

5.32 The site itself is a verdant, open site located at the entrance to the Newby Wiske Conservation Area. It affords attractive views of mature trees within the site and through the site to mature trees to the south and east of the Conservation Area and to the rear of Weighbridge Cottage. The mature hedgerow to the site's western boundary, the mature tree to the north-west of the site and four of the five trees along the southern boundary (the birch, the chestnut, the pine and the wide-spreading tree) all contribute towards the significance of the conservation area.

5.33 The site is located between Well House and Weighbridge Cottage which are attractive buildings within the Conservation Area and add significance to its character and are considered to constitute non-designated heritage assets.

5.34 Well House in particular, reflects many of the characteristics that define the character of the area. It is a two-storey brick dwelling, set back from the road, with a traditional appearance. Its main elevation faces West View and has a uniform principal elevation with traditional and vertically proportioned sash windows with central entrance door.

5.35 The existing bungalow is low lying within the site and set back from the main road. It’s juxtaposition to the main road is awkward and, coupled with the extensive width of the plot, results in a discordant feature at variance to the traditional pattern of development within the village.

5.36 The existing bungalow is therefore considered to be of no significant architectural or historic merit and does not contribute positively to the Newby Wiske Conservation Area and its demolition is welcomed.

5.37 The site’s main contribution to the character and appearance of the Conservation Area comes from the mature tree at the north west corner of the site, further trees on

the south and eastern boundaries and the hedgerow at the site frontage. These prominent features would be retained as part of the development proposals (except a small section to be removed to form the access points) and, therefore, the proposed development would not diminish the existing contribution made by the site.

5.38 The proposed sub-division of the site to provide three dwellings in elongated plots would be consistent with the existing character and traditional pattern of development within the village. The dwellings would be set back from the road and this would allow the retention of landscape features at the site frontage to be retained.

5.39 The height of plots 1 and 2 at two-storey would be consistent with ‘Well House’ to the north, and the majority of the dwellings within the village. The main ridgeline to the proposed dwelling to plot 3 would be lower in height, at 1.5 storey in height which would provide an improved relationship with ‘Weighbridge Cottage’ to the south.

5.40 The proposed dwellings have been designed to reflect the traditional characteristics of existing development. Key features include simple fenestrations, vertically proportioned sash style windows and pitched roofs with chimney stacks. Proposed finishing materials would include red brick with a contrasting brick detail above door and window openings. Plots 1 and 2 have flat frontages and additional detailing to chimney stacks, fascia's and barge boards on all plots are now included.

5.41 Significant visual benefits would be achieved by removing car parking to the fronts of dwellings by providing parking and garages to the rear of the proposed dwellings. Furthermore, garages or outbuildings positioned to the rear would reflect the form and character of the Newby Wiske Conservation Area.

5.42 It is considered that because the proposal involves the demolition of a bungalow with no significant architectural or historic merit, the proposal providing dwellings that are linear in form in elongated plots that are reflective of the existing character and traditional pattern of development within the village and the main significance of the site in the form of the mature trees and hedgerows being mainly retained, it is considered that there will be no harm to the heritage asset. The proposed development is considered to preserve and enhance the character and appearance of the Conservation Area, thereby meeting the tests set out in the legislation and the NPPF.

Residential amenity

5.43 Plot 3 has been moved away from the neighbours of Weighbridge Cottage by approximately 3 metres to allow the driveway to run around the southern elevation of the plot following a letter of objection from the neighbour. Plot 3 is also proposed to be a 1.5 storey dwelling as Weighbridge Cottage is a single storey property. A street scene drawing has been submitted to allow greater understanding of the relationship between all of the plots and the neighbouring dwellings; notably Weighbridge Cottage to the south and Well House to the north.

5.44 Due to the separation distances between plots 1 and 3 to the neighbouring dwellings, the heights of the plots and there being no side windows on plot 1 and only an obscure glazed side facing window on plot 3, the proposals will not prejudice residential amenity by being overbearing in presence, and would not cause a loss of light or loss of privacy.

5.45 There is a working farm to the rear (east) of the site. It is understood that some of the buildings accommodate livestock. There is a mature tree line on this eastern boundary and it should be noted that the site is already in residential use, with residential dwellings to the north and south of the site. In light of this, it is considered

that there will not be a detrimental impact upon amenity in terms of noise, odour and general disturbance. Environmental Health has raised no objection to the proposal.

5.46 Each plot has adequate private amenity space for the future occupants. There will be a brick wall and fencing between each plot to ensure that there is a level of privacy for each dwelling.

5.47 It is considered that the proposal will not be detrimental to residential amenity in accordance with Policies CP1 and DP1.

Highway safety

5.48 Criterion 5 of the IPG states that development must be capable of being accommodated within the capacity of existing or planned infrastructure.

5.49 Access to the proposed dwellings would be provided by separate driveways from West View. The existing vehicular access to Marden would serve Plot 1. Plots 2 and 3 would have new vehicular accesses. The proposals provide detached double garages for each of the plots along with driveways and turning space to allow for vehicles to turn within the site and exit the site in a forward gear.

5.50 The Highway Authority has raised no objection to the proposal in this respect and has suggested conditions. There is no evidence to suggest that the development would cause harm to highway safety.

Flood risk and drainage

5.51 The application site is located in Flood Zone 1 where land is assessed as having a less than 1 in 1000 annual probability of river or sea flooding (low probability). The site has been assessed as being at low risk from other forms of flooding.

5.52 Foul drainage would be disposed of via the mains and surface water via a soakaway. The exact details of which can be agreed by planning condition. There is no evidence to suggest that the demands on the infrastructure of the village arising from the development (in respect of drainage or any other matter) would be so great that the infrastructure would be unable to cope with the additional development or cause harm to the amenity of the village.

Land contamination

5.53 The application has been accompanied by a Preliminary Assessment of Land Contamination (PALC). The Scientific Officer has assessed the submission and have advised that the applicant/agent has not identified any potential sources of contamination. However, given the nature and scale of the proposed residential development the applicant is required to submit a Phase 1 Preliminary Risk Assessment, ideally prior to determination, to demonstrate the land is suitable for use in accordance with the NPPF.

5.54 Further site investigations and remediation may also be required depending on the results of the Phase 1 investigation. This has not been submitted prior to the determination of this application. However, it is considered that to ensure the development is safe and suitable for use and will not form an unacceptable risk from contamination; conditions regarding land contamination investigation, remediation and verification should be imposed.

Planning balance

5.55 The proposal would create three homes in a sustainable location, without causing harm to the appearance of the settlement and without harm to the significance of heritage assets, highway safety or the capacity of local infrastructure.

5.56 The scheme is found to result in social gains through the provision of new housing, the economic impact through the development would be small but positive and the environmental impacts as a consequence of the additional development is neutral. Overall the scheme is found on balance to acceptable.

6.0 RECOMMENDATION

6.1 That subject to any outstanding consultations permission is GRANTED subject to the following conditions:

1. The development hereby permitted shall be begun within three years of the date of this permission.

2. The permission hereby granted shall not be undertaken other than in complete accordance with the drawing(s) unless otherwise approved in writing by the Local Planning Authority.

3. No above ground construction work shall be undertaken until details and samples of the materials to be used in the construction of the external surfaces of the development have been made available on the application site for inspection (and the Local Planning Authority have been advised that the materials are on site) and the materials have been approved in writing by the Local Planning Authority. The development shall be constructed of the approved materials in accordance with the approved method.

4. The following land contamination investigation, remediation and verification conditions must be addressed sequentially. The outcome of the investigations will indicate the further site investigation, remediation and verification that may be required. In all instances if contamination is found or suspected at any time during development that was not previously identified all works shall cease and the Local Planning Authority shall be notified in writing immediately. No further development shall be undertaken until a detailed site investigation and risk assessment, having regard to current best practice, has been carried out. Where remediation is necessary a Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority before any further development occurs. (See Notes for Applicant CL2 and CL4)

i) No development shall commence until a land contamination 'Phase 1' Preliminary Risk Assessment (including Desk Study, Site Walkover and Conceptual Site Model), having regard to current best practice, has been submitted to and approved in writing by the Local Planning Authority.

ii) No development shall commence until a land contamination 'Phase 2' intrusive site investigation and risk assessment, having regard to current best practice, has been submitted to and approved in writing by the Local Planning Authority unless the outcome of the 'Phase 1' Assessment shows that further investigation is not required.

iii) No development shall commence until a land contamination 'Phase 3' Remediation Strategy, having regard to current best practice, has been submitted to and approved in writing by the Local Planning Authority unless the outcome of the 'Phase 1' Assessment and 'Phase 2 Investigation' shows that remediation is not required. (See Note for Applicant CL5)

iv) In the circumstances that remediation has been required the development shall not be occupied until a land contamination Verification Report, having regard to current best practice, has been submitted to and approved in writing by the Local Planning Authority.

5. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

6. No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.

7. There shall be no access or egress by any vehicles between the highway and the application site until full details of any measures required to prevent surface water from non-highway areas discharging on to the existing or proposed highway together with a programme for their implementation have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved details and programme.

8. Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site until the access(es) to the site have been set out and constructed in accordance with the published

Specification of the Highway Authority and the following requirements

(i) The crossing of the highway verge and/or footway shall be constructed in accordance with the approved details and Standard Detail number E6.

(ii) Any gates or barriers shall be erected a minimum distance of 5 metres back from the carriageway of the existing highway and shall not be able to swing over the highway.

(iii) The final surfacing of any private access shall not contain any loose material that is capable of being drawn on to the existing or proposed public highway.

9. There shall be no access or egress by any vehicles between the highway and the application site (except for the purposes of constructing the initial site access) until splays are provided giving clear visibility of 43m measured along both channel lines of the C10 running through Newby Wiske from a point measured 2.4m down the centre line of the access road. The eye height will be 1.05m and the object height shall be 0.6m. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

10. No dwelling shall be occupied until the related parking facilities have been constructed in accordance with the approved drawing no SCH 897 no.2 Rev C. Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

11. There shall be no access or egress by any vehicles between the highway and the application site until details of the precautions to be taken to prevent the deposit of mud, grit and dirt on public highways by vehicles travelling to and from the site have been submitted to and approved in writing by the Local Planning. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority in consultation with the Highway Authority. These precautions shall be made available before any excavation or depositing of material

in connection with the construction commences on the site and be kept available and in full working order and used until such time as the Local Planning Authority in consultation with the Highway Authority agrees in writing to their withdrawal.

12. Unless approved otherwise in writing by the Local Planning Authority there shall be no establishment of a site compound, site clearance, demolition, excavation or depositing of material in connection with the construction on the site until proposals have been submitted to and approved in writing by the Local Planning Authority for the provision of: a. on-site parking capable of accommodating all staff and sub-contractors vehicles clear of the public highway b. on-site materials storage area capable of accommodating all materials required for the operation of the site. c. The approved areas shall be kept available for their intended use at all times that construction works are in operation.

The reasons are:

1. To ensure compliance with Sections 91 and 92 of the Town and Country Planning Act 1990 and where appropriate as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. In order that the development is undertaken in a form that is appropriate to the character and appearance of its surroundings and in accordance with the Hambleton Development Plan Policies DP1, DP28 and CP17.

3. To ensure that the external appearance of the development is compatible with the immediate surroundings of the site and the area as a whole in accordance with Hambleton Local Development Framework Policy CP17.

4. In order to take proper account of the risks to the health and safety of the local population, builders and the environment and address these risks and in accordance with the Hambleton Local Development Framework Policy CP21.

5. In the interest of satisfactory and sustainable drainage and in accordance with the Hambleton Local Development Framework Policies CP3 and DP6.

6. To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the foul sewer network in accordance with the Hambleton Local Development Framework Policies CP3 and DP6.

7. In accordance with Hambleton Local Development Framework Policies CP2 and DP3 and in the interests of highway safety.

8. In accordance with Hambleton Local Development Framework Policies CP3 and DP3 and to ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience.

9. In accordance with Hambleton Local Development Framework Policies CP2 and DP3 and in the interests of highway safety.

10. In accordance with Hambleton Local Development Framework Policies CP2 and DP3 and 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.

11. In accordance with Hambleton Local Development Framework Policies CP2 and DP3 and to ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety.

12. In accordance with Hambleton Local Development Framework Policies CP2 and DP3 and to provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area.

Informatives

1. You are advised that a separate licence will be required from the Highway Authority in order to allow any works in the adopted highway to be carried out. The ‘Specification for Housing and Industrial Estate Roads and Private Street Works’ published by County Council, the Highway Authority, is available at the County Council’s offices. The local office of the Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition.