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Parish: Newby Wiske Committee Date: Thursday 10Th January 2019

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Parish: Newby Wiske Committee Date: Thursday 10Th January 2019 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 Yorkshire 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.
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